[Added 9-16-2009 by Ord. No. 484-2009]
The Code of the Township of Weymouth is hereby amended by this article for the purposes of creating a municipal service fee and determining the amount of said fee and the collection of said fee as is provided for in accordance with and pursuant to N.J.S.A. 54:4-1.6
Pursuant to N.J.S.A. 54:4-1.3, there shall be an annual municipal service fee imposed upon manufactured homes installed in a mobile home park as provided for in the Manufactured Home Taxation Act, N.J.S.A. 54:4-1.2. The purpose of the municipal service fee is to pay the Township reasonable payment for services rendered to the owners of the manufactured homes. This fee replaces a previous fee which was collected as a portion of a "license fee" which was charged per rental pad to certain manufactured home owners within the Township.
The terms "manufactured homes," "mobile home park," "municipal service fee" shall be precisely as they appear and are defined in N.J.S.A. 54:4-1.4
A. 
The municipal service fee shall be collected from each owner of a manufactured home on a monthly basis by the owner of the mobile home park in which the home is situated. The mobile home park owner shall transmit the fees collected to the Municipal Tax Collector on a quarterly basis on or before the tenth day of January, April, July and October of each year.
[Amended 11-4-2009 by Ord. No. 487-2009]
B. 
In the event that the quarterly payments set forth above are not timely paid or not paid, interest shall accrue on the delinquent payment at an annual interest rate of 8% per annum on the first $1,500 of the delinquency and 18% per annum on any amount in excess of $1,500, to be calculated from the date the Municipal Service Fee was payable until the date that actual payment to the tax collector is made. The delinquent amount and the interest thereupon shall be charged to the mobile home park owner and shall constitute a lien on that real estate in the same manner as unpaid real estate taxes would in accordance with N.J.S.A. 54:4-67 and N.J.S.A. 54:5-6.
C. 
The Tax Collector shall collect and maintain records of the municipal service fee paid by the mobile home park owner.
D. 
The Tax Collector shall notify the mobile home park owner of the amount of the annual municipal service fee no later than September 1 of the pretax year.
E. 
The mobile home park owner shall annually, within 30 days of receiving notification of the certification of the rates for the local municipal purpose tax and the Weymouth Township Fire District tax by the Atlantic County Board of Taxation, advise each manufactured home owner of his/her prorated share of the municipal service fee. The prorated share of the municipal service fee due from each manufactured home owner shall be collectible by the mobile home park owner immediately after the mobile home park owner notifies each manufactured home owner of same.
[Amended 10-1-2014 by Ord. No. 534-2014]
The quarterly payment, as provided herein, shall be based upon the number of pads occupied with manufactured homes in the previous quarter. The manufactured home park owner, at the time of remitting the municipal service fee to the Municipal Tax Collector, shall file with the Township Clerk an affidavit stating the number of manufactured homes in the manufactured home park.
A. 
The intent and purpose of the creation of the municipal service fee is consistent with and pursuant to N.J.S.A. 54:4-1.2 et seq.
B. 
For the year 2009, the municipal service fee per qualified unit in accordance with and pursuant to this article shall be $23 per month commencing January 1, 2009.
C. 
Commencing January 1, 2010, the municipal service fee shall be increased at the rate equal to the increase of the local municipal purpose tax as included in the annual Atlantic County Board of Taxation Certification Schedule of General Tax Rate, in order to account for increases in the cost of services rendered to the manufactured home owners.
[Amended 10-1-2014 by Ord. No. 534-2014]
D. 
Commencing January 1, 2015, the municipal service fee shall be increased by an additional $3 per month in order to pay for services provided by the Weymouth Township Fire District. Every year thereafter, the Weymouth Township Fire District Board of Fire Commissioners, in conjunction with the Municipal Committee, shall evaluate and adjust the municipal service fee to account for increases in the cost of services rendered to the manufactured home owners by the Weymouth Township Fire District.
[Added 10-1-2014 by Ord. No. 534-2014]
E. 
The municipal service fee shall be reviewed and adjusted annually, as necessary and appropriate, and if the Municipal Committee determines that the adjustment provided hereunder needs to be adjusted further, the Committee may establish and adjust the municipal service fee at a different rate than that stated above by a resolution approved by a majority of the Committee with a quorum present. The adjusted municipal service fee shall be established and the Collector shall notify any qualified mobile home park owner of the adjusted amount in accordance with the terms and provisions hereinabove stated.
[Added 10-1-2014 by Ord. No. 534-2014]
In the event the owner of a mobile home park fails to remit the municipal service fee collected from the owners of a manufactured home located in the mobile home park, such owner of the mobile home park shall be liable to the Township for the municipal service fee, together with the interest thereon, together with all necessary and reasonable costs incurred by the Township to collect the municipal service fee.
The municipal service fee established for each mobile home park shall be allocated equally among all owners of the manufactured homes located in such park.[1]
[1]
Editor’s Note: Former § 173-50, Park owner to advise homeowner of fee, was repealed 10-1-2014 by Ord. No. 534-2014