As used in this chapter, the following terms shall have the meanings
indicated:
OPERATOR
Any person, including any corporation or association of persons and
any agency or instrumentality of state or local government, who or which operates
or proposes to operate a rooming or boarding house.
OWNER
The holder of title in fee simple to premises and any lessor or sublessor
of whom an operator is or proposes to become a sublessor in connection with
an application for a rooming or boarding house license, or for renewal thereof,
pursuant to this chapter.
No rooming or boarding house shall be located or operated within the
Borough of Netcong without first having applied for and received from the
licensing authority a license for that purpose.
[Amended 6-10-1997 by Ord.
No. 97-6]
Each application for a license to operate a rooming or boarding house
in the Borough of Netcong shall be filed with the Borough Clerk. Upon receipt
of the fully completed application and application fee, the Borough Construction
Official or his designee shall conduct an investigation to establish:
A. That the premises are in compliance with all applicable
building, housing, health and safety codes and regulations;
B. That the location of the premises will not, in conjunction
with the proximity of other rooming and boarding houses, lead to an excessive
concentration of such facilities in the Borough or a particular section thereof,
in accordance with the standards established in N.J.S.A. 40:52-14;
C. That the owner or owners are 21 years of age or older,
citizens of the United States and residents of the State of New Jersey, and
never convicted, in this state or elsewhere, of a crime involving moral turpitude
or of any crime under any law of this state licensing or regulating a rooming
or boarding house and have never had a license required pursuant to N.J.S.A.
55:13B-1 et seq. revoked;
D. That, if the owner or owners are a corporation, all officers and members of the board of directors of a corporation, and every stockholder holding 10% or more of the stock of the corporation, directly or indirectly having a beneficial interest therein, applying for a license have the same qualifications as set forth in Subsection
C above;
E. That the operator or proposed operator of the rooming
or boarding house meets the requirements for licensure by the Department of
Community Affairs;
F. That the owner and operator, either individually or jointly,
have established sufficient guarantee of financial and other responsibility
to assure appropriate relocation of the residents of the rooming or boarding
house to suitable facilities in the event that the license is subsequently
revoke or its renewal denied; and
G. That the owner has paid all municipal property taxes
due and owing on the rooming or boarding house, or in the case of an initial
application, the applicant has paid all municipal property taxes due and owing
on any other rooming or boarding house located within the Borough and owned
by the applicant, provided that the owner has received written notice of any
payment delinquency which has remained unpaid for more than 120 days.
[Amended 7-8-1999 by Ord.
No. 99-14]
A. After completing the investigation authorized in §
230-4 of this chapter, the licensing authority shall determine whether to grant the license. A license, when issued, shall be valid for one year from the date of issuance and until such time as the licensing authority has acted upon an application for renewal, unless sooner terminated by revocation pursuant to §
230-7 of this chapter.
B. Not later than the 60th day preceding the anniversary
date of issuance, the holder of a license shall make application to the licensing
authority for its renewal. Application for a renewal shall follow the same
procedure and requirements as prescribed for a new application.
Each and every operator of a rooming or boarding house in the Borough
of Netcong shall provide and maintain a registry book, which shall contain
the name and home address of each roomer or boarder, the date of arrival and
departure and, if possessing or operating a motor vehicle, the make of vehicle
and the license number. Said registry book shall be permanently located at
said rooming or boarding house and shall be available at all times for inspection
by authorized representatives of the Borough.
The owner of any rooming or boarding house that is in lawful operation
on the date of enactment of this chapter shall apply for a license, as herein
provided, within 60 days after this chapter shall take effect. If the owner
of the premises applies for licensure as required herein, he shall be entitled
to continue in operation until a final determination is made upon his application.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Article
I of Chapter
1 of the Code of the Borough of Netcong.