[Ord. #93-13, § 1; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
This Chapter applies to all mobile homes in the Borough of Moonachie.
[Ord. #93-13, § 2; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
The following matters are hereby determined, declared and recited,
viz.:
a.
That from time to time a shortage of rental units may exist within
the Borough of Moonachie with respect to the rental of mobile home
spaces and mobile homes in mobile home parks and that shortage may
inhibit tenants' ability to relocate without undue financial
hardship within the immediate community and whereas extraordinary
rental increases may force tenants to vacate their mobile homes in
need of alternative rental housing thereby providing a need for governmental
protection of those tenants;
b.
That the number of mobile home parks and spaces permitted within
the Borough has been limited by the Mayor and Council so as to achieve
a balance in the types of housing permitted in the Borough and it
is desirable to maintain such balance and the present situation cannot
be corrected by increasing the number of mobile home parks alone;
c.
That by reason of the necessity of licensing of mobile home parks,
mobile home park operators enjoy an unintended monopoly which may
be abused by the charging of unregulated excessive rents;
d.
That the Borough has the power to so regulate rents in mobile home
parks pursuant to the provisions of N.J.S.A. 40:52-1d bestowing power
to enact ordinances for the preservation of public health, safety
and welfare of the Borough and its inhabitants, pursuant to which
grant of powers this Chapter is enacted;
e.
That a policy of resolution of fair rental charge disputes by open
communication, discussion and negotiation between mobile home park
operators and their tenants is to be encouraged, in that it will serve
to minimize the governmental regulation and intrusion into the citizens'
private business and domestic affairs;
f.
That it is the intent of this Chapter that tenants are not to pay
for charges caused by mismanagement or neglect caused by park operators.
[Ord. #93-13, § 3; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
AVAILABLE FOR RENT TO TENANTS - Shall mean fit for habitation, as
defined by law, and occupied or unoccupied and offered for rent; or,
inhabited, whether or not legally fit.
b.
BASE RENT - Shall mean the rent charged and received for a lot and/or
mobile home, including, but not limited to, use of the lot and/or
mobile home, reasonable and necessary operating costs, general maintenance,
mortgage payments, and insurance, but exclusive of any of the categories,
as defined below, which have been included in the rent, and are still
so included, before the date of calculation of base rent.
c.
OMBUDSMAN - Shall mean an individual appointed by the Mayor and Council
and paid for by the Borough of Moonachie. To review, report and respond
to applications under this Chapter and to administer the terms and
conditions herein.
d.
BOROUGH - Shall mean the Borough of Moonachie.
e.
BYLAWS - Shall mean bylaws or rules and regulations established by
the Ombudsman.
f.
MAJOR CAPITAL IMPROVEMENT - Shall mean a major capital improvement
or a substantial change in the mobile home park accommodations such
as would become an additional benefit to the living conditions of
the residents of the park. The term major capital improvement does
not include repairs or replacements, which merely maintain the mobile
home park in efficient operating condition.
g.
CATEGORY OR RENT CATEGORY - Shall mean any portion of rent allocated
for a particular purpose, excluding base rent, but including the following:
h.
CHARGES - Shall mean the amount of rent allocated to any of the categories
specifically excluded from base rent.
i.
CONSUMER PRICE INDEX OR CPI - Shall mean the consumer price index
(all items) for the region of the United States of which the Borough
of Moonachie is a part, viz., the New York-Northeastern New Jersey
area, published periodically by the Bureau of Labor Statistics, United
States Department of Labor, and more specifically, CPI-W.
j.
LAWS - Shall mean and include Federal laws, State statutes, County
ordinances, and local ordinances, and any rules and regulations resulting
from these, including this Chapter.
k.
LEASE - Shall mean any written or oral agreement pursuant to which
any person is permitted to occupy a mobile home and/or a lot.
l.
LOT - Shall mean that portion of a park rented or offered for rent,
or available for positioning a mobile home for living purposes, together
with all privileges, services, equipment, facilities, and improvements
connected with the use or occupancy of such portion of the property.
m.
MOBILE HOME PARK, OR PARK - Shall mean any plot of ground upon which
two or more mobile homes may be parked for dwelling or sleeping, other
than an enclosed building.
n.
MOBILE HOME - Shall mean any manufactured self- propelled or non-self-propelled
vehicle or portable or semi-portable structure, built on a chassis,
designed without a permanent foundation, connected to utilities and
containing a flush toilet, bath or shower, and a kitchen sink, and
used or intended for use as a temporary or permanent dwelling or sleeping
place for one or more persons including, but not limited to, structures
commonly known as mobile homes, dependent and independent travel trailers,
piggy-back campers, camp vehicles, mobile home buses and tents.
o.
NOTICE TO QUIT - Shall mean notice that a park operator is required
to give to each tenant specifying amount of net rent increases/decreases
in each rent category and date that tenant must leave premises if
rent is not agreed to or otherwise fixed. No rent increase may be
collected or fixed before the issuance of a valid notice to quit,
as defined herein and by existing law.
p.
PAD - Shall mean the material, often concrete or macadam, which covers
the ground under a mobile home and prevents the mobile home from sinking
into the ground.
q.
LICENSING FEE - Shall mean a fee charged by the Borough of each individual
pad and collected with rent. In this sense, a pad is equivalent to
a lot.
r.
PARK OPERATOR - Shall mean the operator, owner, or other person leasing
or renting a lot to a tenant.
s.
PARK-OWNED MOBILE HOME - Shall mean any mobile home within a park
which is owned by the park operator and which is rented or leased,
or intended as such.
t.
PERSON - Shall mean and include any corporations, companies, associations,
societies, firms, partnerships, and joint-stock companies, as well
as individuals.
u.
REGISTERED TENANT - Shall mean anyone living with a tenant and registered
with the park operator.
v.
RENT - Shall mean the periodic (usually weekly or monthly) amount
paid by a tenant to a park operator which includes base rent, supplied
utilities, major capital improvements and/or hardship increases.
w.
SUPPLIED UTILITIES -Shall mean garbage and/or trash removal and/or
recycling, fuel, electrical, water, sewer, and such other services
as the Ombudsman may deem applicable, for which services the park
operator is responsible to the supplier for payment.
x.
TAX CHARGE - Shall mean that portion of rent attributable to real
estate taxes for the park.
y.
TENANT - Shall mean a resident of a mobile home park owner who rents
or leases a lot and/or mobile home from a park operator.
z.
BOARD - Shall mean the Moonachie Mobile Home Park Rent Leveling Board
established pursuant to this Chapter. The Board, if still in place
will have the same powers as the Ombudsman as stated in the Chapter.
[Ord. #93-13, § 4; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
[Ord. #93-13, § 5; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
Any park operator, tenant, or any group of tenants seeking any determination
from the Ombudsman shall apply to the Ombudsman.
b.
Filing Content. Said application shall be filed with the Borough
Clerk. Each park operator's application for an annual rent increase
must include, at a minimum, the following information: a breakdown
of each rent category, the current charge to each rent category for
owners and renters, the proposed increase to each rent category for
owners and renters, and an item by item breakdown of the total cost
and amortized allocation of the total cost of any proposed capital
improvement charge. Each tenant application must specify the basis
for any rent decrease sought including the method used to calculate
the proposed decrease. Incomplete applications may be rejected by
the Borough Clerk or the Ombudsman and may alter the effective date
of the rent increase or decrease sought.
c.
Tenant Application. Each tenant application for a decrease of any
type shall be accompanied by a nonrefundable filing fee of $20.
d.
Park Operator. Each park operator's application for an increase
of any type shall be accompanied by a nonrefundable filing fee of
$100
e.
Each park operator's applications for an increase of any types
shall be accompanied by an escrow fee of $500.
f.
The applicant may be responsible for reasonable additional escrow
fees for an application of any type if the services of an accountant
will be required which fee shall not exceed $500.
g.
Ombudsman is authorized by the Borough of Moonachie to review applications
of which have been received by the Borough Clerk for completeness
and accuracy.
h.
All parties reserve their right of review of the Ombudsman's
decision as well as reserve their right to challenge this decision
with the filing of an action in lieu of prerogative writ where the
standard of review will be the normal standard of review for prerogative
writ matters and not limited to questions of fraud or mistake of law.
i.
Any application by a group of tenants shall contain a list of names
and addresses of those tenants included by said application.
[Ord. #93-13, § 6; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
A park operator may apply annually for an increase in base rent,
of not more than the percentage increase in the CPI. Such increase
shall be granted by the Ombudsman provided that the park operator
has met the requirements of the application process.
b.
The dollar amount of base rent increase per mobile home shall be
calculated as follows:
1.
For tenant owned mobile homes: By applying the allowed percentage
to the sum of base rents for tenant-owned mobile homes, and dividing
by the number of said mobile homes in the park.
2.
For park-owned mobile homes:
By applying the allowed percentage to the sum of base rents
for park-owned mobile homes, and dividing by the number of said mobile
homes in the park.
c.
The annual amount supporting any increase in this section shall be
based upon the twelve-month period ending three months prior to the
application filing date.
[Ord. #93-13, § 7; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
When real property taxes to the park operator are increased, the
park operator may apply to the Ombudsman for a commensurate increase
in tax charges.
b.
When real property taxes to the park operator are decreased, any
affected tenant may apply to the Ombudsman for a commensurate decrease
in tax charges.
c.
The charge per lot for real property taxes shall be computed by dividing
the total amount of said real property taxes by the total number of
lots in the park, including those for park-owned mobile homes, with
reasonable adjustment for structures which are not properly chargeable
to tenants.
d.
The Borough Tax Assessor shall notify the Ombudsman's secretary
of any change in the assessment of a park.
e.
In no event shall the total of real property taxes paid by the tenants
exceed the total real property taxes paid or due to be paid by the
park operator, and in granting an increase under this section, the
Ombudsman must, to the extent that evidence is available, consider
this subsection and make any appropriate adjustment.
[Ord. #93-13, § 8; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
When supplied utility charges to the park operator are increased,
the park operator may apply to the Ombudsman for a commensurate increase
in supplied utility charges.
b.
When supplied utility charges to the park operator are decreased,
any affected tenant may apply to the Ombudsman for a commensurate
decrease in supplied utility charges.
c.
The charge per lot for supplied utilities shall be computed annually
by dividing the total amount of each supplied utility cost by the
total number of lots in the park, including those for park-owned mobile
homes, with reasonable adjustment for structures which are not properly
chargeable to tenants.
d.
In no event shall the total of supplied utility charges paid by the
tenants exceed the total utility bills paid or due to be paid by the
park operator, and in granting an increase under this section, the
Ombudsman must, to the extent that evidence is available, consider
this subsection and make any appropriate adjustment.
e.
One supplied utility increase per year is allowed, based on actual
bills for the twelve-month period ending three months prior to the
application filing date.
f.
Once the application filing date and calculation period are established,
they shall remain the same for all future applications.
g.
The park operator shall, annually, provide the Ombudsman all of the
supplied utility bills for the twelve-month period ending three months
prior to the application filing date.
h.
For purposes of this section, each park operator must supply the
Ombudsman with copies of deposited checks made by the park operator
to the utility company or bank statements verifying the monthly utility
bills actually paid by the park operator.
[Ord. #93-13, § 9; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
Whenever the Borough increases the licensing fee, the park operator
may, after 30 days' written notice, which shall include a revised
itemization of rent, begin collecting the new licensing fee from the
tenants.
b.
Before any such increase is collected, the park operator shall give
notice to the Ombudsman, with a copy to the Borough Clerk.
[Ord. #93-13 § 10; Ord. #99-7; Ord. #2002-10; Ord.
#2003-15]
a.
It is recognized that an efficient park operator is entitled to a
just and reasonable rate of return from his property. To that end,
a park operator may apply for rental increases on the basis that rents
allowed by this Chapter prevent the park operator from receiving a
just and reasonable rate of return.
b.
Said park operator may request, and the Ombudsman shall grant, without
formal application or filing fees, an informal hearing.
c.
No park operator shall receive an increase under this section until
he has owned and operated the park for 12 months.
[Ord. #93-13, § 11; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
A park operator may apply for a rental increase for the reasonable
cost of major capital improvements, including costs of financing such
major capital improvements.
b.
Said park operator may apply for preliminary approval by formal application in accordance with subsection 23-1.5 before construction or purchase of said major capital improvements is begun.
c.
Said park operator shall notify each tenant affected by such application
at least 10 days prior to hearing. The notice shall contain the following
information:
1.
A clear description of the major capital improvement for which the
application is being made.
2.
The number of years of useful life of the improvement as allowable
to the park operator for the purpose of depreciation under the Internal
Revenue Code (see IRS Publication 946, Appendix B, Table of Class
Lives and Recovery Period) by the straight line depreciation method.
3.
The amount of monthly surcharge to be charged to such tenants if
the application is granted.
4.
The dates, time and place of the hearing on the application.
d.
The Ombudsman in considering a major capital improvement application
shall consider all of the following criteria in determining that portion
of the improvements final costs to be surcharged to the mobile homes.
Major Capital Improvement shall mean a substantial change to
the mobile home park housing accommodations such as would materially
increase the rental value of the mobile home space and which provides
an additional service or benefit to the residents of the park not
previously accorded them. The term does not include repairs or replacements,
which merely maintain the mobile home park in efficient operating
condition. In determining whether a particular expenditure constitutes
a "major capital improvement" under this Chapter, the Ombudsman shall
consider the following:
1.
The nature of the improvement.
2.
The extent and cost of the improvement.
3.
The additional service or benefit to the mobile home park and to
the residents' enjoyment thereof gained as a result of the improvement.
4.
The degree of permanency of the improvement.
5.
Whether the park owner depreciated the cost of the improvement over
the useful life of the object on his or her tax return.
e.
On completion of said major capital improvements, said park operator
shall, as a continuance of said application, submit the actual costs
to the Ombudsman for final approval not later than 12 months after
the completion of said improvement.
f.
Any increase under this section shall not be collected until completion
of the major capital improvement.
g.
The charge per lot for any major capital improvement shall be computed
by dividing the total cost of said major capital improvement by the
total number of lots in the park, including those lots for park-owned
mobile homes, with reasonable adjustment for structures which are
not properly chargeable to tenants. Said increase shall be assessed
monthly over the length of time allowed by the Internal Revenue Code
(see IRS Publication 946, Appendix B, Table of Class Lives and Recovery
Period) for depreciating said major capital improvement on a straight
line depreciation basis.
1.
Each tenant shall pay the major capital improvement surcharge only
for the number of years that it has been established as the useful
life of such improvement.
2.
In any event, no increase by authority of this section shall exceed
10% of the tenant's base rent at the time the surcharge is levied.
In this case the recovery period shall be expanded on a straight line
basis to allow full recovery.
[Ord. #93-13, § 12; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
Each application before the Ombudsman shall include a sworn statement
that the content of said application is true and that no material
facts have been withheld.
b.
All testimony shall be under oath and subject to cross-examination.
c.
Each party to a hearing shall have full rights of discovery prior
to the hearing.
[Ord. #93-13, § 13; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
Where a disparity in rents within a park for substantially similar
facilities is created due to the enforcement of this Chapter, any
affected party may apply to the Ombudsman for a hearing.
[Ord. #93-13, § 14; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
In any matter considered by the Ombudsman, other than for tax, supplied
utility, or annual base rent increases, the Ombudsman may require
the park operator to submit the following financial information and
statements:
[Ord. #93-13, § 15; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
[Ord. #93-13, § 16; Ord. #99-7; Ord. #2002-10; Ord. 2003-15]
a.
If a municipal property tax appeal by the park operator is successful,
the tenants shall receive 100% of any resulting reduction excluding
land and structures not charged to tenants after the park operator's
costs of securing said tax reduction have been deducted.
[Ord. #93-13, § 17; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
The Moonachie Mobile Home Park Rent Leveling Board as currently
constituted shall hear all applications which are pending review under
the authority of the prior ordinance up to and until the validation
of this ordinance.[1]
[Ord. #93-13, § 18; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
The Ombudsman shall establish rules and procedures for the fair and
efficient implementation of this Chapter.
Said rules and procedures shall be reviewed and adopted by the
Mayor and Council by ordinance.
Said rules and procedures may from time to time by request of
the Ombudsman be revisited and amended so as to maintain their effectiveness
and efficiency of the Chapter.
b.
The Ombudsman shall maintain minutes of its meetings and shall file
approved minutes with the Borough Clerk.
c.
The Mayor and Council shall appoint a secretary for the Ombudsman.
d.
All meetings of the Ombudsman shall be subject to the Open Public
Meetings Act.
[Ord. #93-19, § 19; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
The Ombudsman shall render its decision in writing. All conclusions
and determinations made by the Ombudsman shall be supported by the
record and reasons for such conclusions and determinations shall be
contained in the formal opinion as well as findings of fact.
b.
Said written decision shall specify the decisions and the reasons
therefor.
c.
Said decision shall, in the event that an increase or decrease in
rent or fees is approved, specify the following:
[Ord. #93-13, § 20; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
Any park operator or tenant affected by any action of the Ombudsman
may appeal said action to the Mayor and Council.
b.
Said appeal shall be filed with the Borough Clerk, with a copy for
the Ombudsman's secretary, within 20 business days of the date
of final action, and shall specify the grounds thereof and the name
and address of the appellant or his attorney.
c.
If the appeal is filed by a tenant, the tenant shall serve to the
park operator a copy of the appeal within 10 business days of the
filing thereof with the Borough Clerk, such service being by certified
mail, return receipt requested, or by personal service with a signed
affidavit.
d.
The park operator shall post a copy of the appeal in a conspicuous
place or places within the park, within five business days of the
filing thereof, if filed by the park operator, or within five business
days of the receipt thereof, if filed by a tenant.
e.
Such appeal shall be decided by the Mayor and Council only upon the
record established before the Ombudsman.
f.
Notwithstanding the above, if the Mayor and Council determines that
material information was not known to the Ombudsman at the time of
the application, the Mayor and Council shall remand the application
to the Ombudsman for reconsideration.
g.
The Mayor and Council shall take final action on the appeal within
45 business days of receipt of the complete transcript (or statement)
of proceedings before the Ombudsman.
h.
Either the appellant or the applicant may request a public hearing,
and the Mayor and Council shall grant same.
i.
Both applicant and appellant shall be served with notice of said
public hearing not less than 10 business days prior thereto.
j.
The Mayor and Council may affirm, modify, or reverse the decision
of the Ombudsman; remand the application to the Ombudsman for reconsideration;
or take such other action as it may deem appropriate.
k.
The Mayor and Council shall render its decision by resolution, specifying
the facts and reasons therefor, and shall deliver a copy thereof to
the Ombudsman and to the appellant within 10 business days of the
issuance of said resolution.
l.
If the Mayor and Council takes no action within 45 business days
of the date of the delivery of the appeal to the Borough Clerk, the
action taken by the Ombudsman shall be deemed to be affirmed.
m.
The filing of an appeal with the Mayor and Council shall not stay
the effect of any decision of the Ombudsman; provided, however, that
any proposed increases collected during the pendency of an appeal
with the Mayor and Council shall be deposited by the park operator
in an interest bearing escrow account, and such pending increases
shall be paid to the park operator or refunded to the tenants, as
specified by the Mayor and Council, with interest, if the increase
is modified or reversed.
[Ord. #2003-15]
Subsequent to the decision of the Ombudsman or Mayor and Council
on appeal, if the awarded rent increases differ from the proposed
increases contained in the notice to quit, then the park operator
must provide each tenant with a revised notice to quit, specifying
the monthly amount of net rent increases/decreases in each rent category,
any capital improvement charge, the effective date of the increase/decrease
and the duration of the increase/decrease.
[Ord. #93-13, § 21; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
During the term of this Chapter, the park operator shall maintain
at least the same facilities and the same standards of service, maintenance,
and equipment in the park and lots as provided or was required to
provide, by law or by lease, three months before this Chapter becomes
effective.
b.
The park operator shall provide all reasonable, adequate, safe and
necessary service and maintenance in accordance with all applicable
law.
c.
Where the park operator fails to maintain such standards, any tenant
may apply to the Ombudsman for a reasonable reduction in rent; whereupon
the Ombudsman shall duly notify the park operator and schedule the
matter for hearing.
d.
Where a park or any part thereof is being operated in violation of
law, any affected tenant may apply to the Ombudsman for a reasonable
reduction in rent. Upon receipt of such application, the Ombudsman
shall schedule the matter for a hearing and notify the park operator
thereof.
[Ord. #93-13, § 22; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
The controlling criteria for the effectuation of this clause
shall be N.J.S.A. 2C 33-4 and Municipal Court Rule 7:2-2.
[Ord. #99-7; Ord. #2002-10; Ord. #2003-15]
a.
Where there is a change of ownership of a mobile home except by inheritance,
the base rent for said lot may be increased or decreased. The base
rent for said lot cannot be higher than the highest rent charged or
lower than the lowest rent charged on the applicable rent roll in
effect at the time of change in ownership. For increases or decreases
after the new tenant's base rent is thus established, the provisions
of this Chapter shall continue to apply except for the first annual
increase.
1.
The first annual increase for base rent shall be prorated as follows:
Number of tenant-owned months divided by 12 months multiplied by the
appropriate increase.
b.
Landlords are required to file a notice with the Ombudsman advising
when a decontrolled unit becomes tenanted. Without written receipt
by the Ombudsman of this "notice," any rent increase on such unit
is illegal.
1.
Said "notice" shall state the date the new tenancy begins, the name
of the tenant and the amount of rent to be charged.
c.
Rental rates shall not be indiscriminately increased or decreased
as an advantage in the sale of a mobile home by the park operator.
d.
On request of a tenant, the park operator shall provide to the tenant
a statement of base rent and charges to be effective on, and any conditions
pertinent to, the sale of the mobile home.
e.
If said tenant deems unfair any of the amounts or conditions of such
statement, said tenant may apply to the Ombudsman for a determination.
[Ord. #93-13, § 23; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
[Ord. #93-13, § 24; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
All increases or decreases calculated pursuant to this Chapter
shall be rounded to the nearest cent.
[Ord. #93-13, § 25; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
The Ombudsman may grant the park operator retroactive increases.
b.
Any retroactive increases shall not be collected from tenants in
a lump sum, but the length of time for which the increase is effective
shall be reasonably adjusted so that the park operator collects the
amount allowed by the Ombudsman.
[Ord. #93-13, § 26; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
Heirs of a deceased tenant, who are themselves registered tenants,
shall be entitled to the same rights under this Chapter as the tenant
when alive, and the provisions of this Chapter shall apply as if the
decedent were alive and occupying the mobile home.
b.
An heir who wishes to occupy said mobile home, but was not a registered
tenant in said mobile home at the time of death, shall be subject
to the usual, reasonable approvals by the park operator, and such
approvals shall not be unreasonably withheld, and if such approvals
are granted, the provisions of this Chapter shall apply as if the
decedent were alive and occupying the mobile home.
[Ord. #93-13, § 27; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
When a tenant pays his or her rent, he or she shall receive a receipt
which sets forth the period for which the rent is paid and the amount
paid.
b.
When a tenant's base rent or any rent category is increased
or decreased, said tenant shall receive a notice which sets forth
the amount of base rent and each rent category.
[Ord. #93-13, § 28; Ord. #2002-10; Ord. #2003-15]
This Chapter, being necessary for the welfare to the Borough
and its inhabitants, shall be liberally construed to effectuate the
purposes thereof.
[Ord. #93-13, § 29; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
None of the rights granted herein to tenants may be waived.
[Ord. #93-13, § 30; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
If any section, subsection, sentence, clause, phrase or portion
of this Chapter is held invalid or unconstitutional by a court of
competent jurisdiction, such portion shall be deemed as a separate,
distinct and independent provision, and such holding shall not affect
the validity of the remaining portions hereof.
[Ord. #93-13, § 31; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
Wherever, in the Moonachie Ordinances, there is a conflict between
this Chapter and another Chapter, this Chapter shall govern.
[Ord. #93-13, § 32; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
This Chapter shall take effect immediately upon publication
and final passage, pursuant to law.
[Ord. #93-13, § 33; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
For any violations of this Chapter, unless specified otherwise herein, the General Penalty Provision, Section 1-5 of the Borough of Moonachie Code shall apply.
b.
Each day, or part thereof, that a violation exists shall constitute
a separate offense.
c.
A violation affecting more than one rental space shall be considered
a separate violation as to each rental space.
d.
Any attempt to perform any act or create any condition prohibited
by this Chapter shall constitute a violation hereof.
e.
Any person who abets another in performing any act or creating any
condition prohibited by this Chapter shall be in violation of this
Chapter.
f.
Payment of a fine shall not constitute compliance with this Chapter.
g.
The penalties set forth in this section are in addition to any revocation
proceedings.
[Ord. #93-13, § 34; Ord. #99-7; Ord. #2002-10;
Ord. #2003-15]
a.
The park operator shall post a copy of this Chapter, together with
a notice that a copy can be obtained from the Borough Clerk for the
copying fee then in effect, and any amendments hereto, in a conspicuous
place or places throughout the park.
