[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-6-2005 by Ord. No. 1291]
Any tenant who receives a notice of eviction pursuant to Section 3 of N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, as set forth in paragraph (3) of subsection g. of Section 2 of N.J.S.A. 2A:18-61.1, shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord shall be liable for the payment of any and all relocation assistance due to the tenant covered under this section.
In the event that a displaced person covered by this section has not received the required payment from the owner-landlord of the structure at the time of eviction, the municipality may pay relocation assistance to said person from a revolving relocation assistance fund, which may be established pursuant to N.J.S.A. 20:4-4.1a. All relocation assistance costs incurred by a municipality pursuant to this subsection shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed and collected under N.J.S.A. 20:4-4.1 and N.J.S.A. 20:4-4.2. These payments shall be deposited into the municipality's revolving relocation assistance fund.
In addition to reimbursing the municipality for relocation expenses and disbursements described in § 224-2 above, the owner-landlord of the structure shall be fined for the zoning or housing code violation for illegal occupancy up to an amount equal to six times the monthly rental paid by the displaced person, to be paid to the municipality by the owner-landlord of the structure.
In addition to other penalties provided by this article, where an owner-landlord is determined to have violated the zoning or occupancy regulations of the municipality, and whose property is determined to have an illegal occupancy for a second or subsequent occasion, a fine equal to the annual tuition of any resident of the illegal occupied unit attending a public school shall be imposed upon the landlord. Said fine, as imposed under this article, shall be recovered in a civil action by summary proceeding, pursuant to N.J.S.A. 2A:58-10 et seq. The municipal court and the superior court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be remitted to the appropriate school district.
For the purposes of this article, a second or subsequent violation for an illegal occupancy shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction