[Adopted 10-18-2005 by Ord. No. 05-2361]
A.
WHEREAS the Mayor and Council of Bergenfield hereby
finds and declares that there has been a proliferation of what are
commonly known as “illegal apartments,” meaning residential
dwelling units which are occupied in violation of zoning laws. Most
typically, these illegal apartments manifest themselves as a second
residential unit in a building in a one-family zone, and a third residencial
unit in a building in a two-family zone; and
B.
WHEREAS the Mayor and Council hereby further finds
and declares that such illegal units have a deleterious effect on
the quality of life of Borough residents, require the provision of
Borough services, increase the utilization of Borough programs and
services, contribute to the costs of the Borough by increasing the
generation of refuse (garbage) and sewer flow, contribute to overcrowding,
generate traffic within the Borough, generate automobiles which contribute
to parking shortages throughout the Borough, lead to the maintenance
of dwelling units which often fail to meet health, safety and building
code standards. By their nature, such units generally escape taxation
as their maintains and existence is normally hidden and not used for
tax assessment purposes. The use and maintenance of said illegal apartments
is also unfair to the vast majority of Borough residents who abide
by zoning laws; and
C.
WHEREAS the Mayor and Council wish to eliminate illegal
dwelling units within the Borough of Bergenfield, prevent them from
reoccurring, and wish to establish specific guidelines for those who
profit from illegal housing.
[Amended 12-23-2008 by Ord. No. 08-2412]
Upon receiving a complaint pertaining to illegal housing at
a structure that has been registered under the provisions of this
chapter, the Borough Code Enforcement Official shall be authorized
and permitted to reinspect said property for violations.
[Amended 12-23-2008 by Ord. No. 8-2412]
A.
Any person violating any provision of this article
shall be subject to a fine of not less than $500 to no more than $1,200
for the first offense (unless the violation is addressed and corrected
within 10 days of the discovery of same when, in such case, the violation
can be reduced to a minimal fine of $500 due to the required inspection
and reinspection).
[Amended 4-18-2017 by Ord. No. 17-2510]
B.
Any person
violating the provisions of this Ordinance No. 08-2412 shall be liable
to the tenant or occupant of the illegally utilized premises for the
costs of relocation, up to an amount of six times the monthly rental
that would have been paid by the displaced person, to be paid to the
municipality by the owner-landlord of the structure pursuant to the
provisions of N.J.S.A. 2A:18-61.1g(c) or a minimum of $1,500.
C.
For second
and subsequent violation for an illegal occupancy, as provided in
this section, by any owner-landlord, the Court may impose a fine of
$1,200.
[Amended 4-18-2017 by Ord. No. 17-2510]
