[HISTORY: Adopted by the North Wildwood City
Council as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-26-1972 by Ord. No. 582]
[Amended 8-3-1999 by Ord.
No. 1333; 11-17-2015 by Ord. No. 1689]
As used in this article, the following terms
shall have the meanings indicated:
The individual designated by the owner as the person authorized
by the owner to perform any duty imposed upon the owner by the terms
of this article. The term "agent" does not necessarily mean licensed
real estate agent of the State of New Jersey; however, the term "agent"
may include a licensed real estate agent of the State of New Jersey
if the person designated by the owner as his agent is so licensed.
As defined in N.J.S.A. 54:32B-2.
A hotel or tourism lodging for which a rental permit hereunder
is issued.
The owner of the apartment or dwelling to whom a permit is
issued hereunder. The term "permittee" includes within its definition
the term "agent," where applicable.
The person or persons to whom a hotel room or tourism lodging
is leased or rented by the permittee. All children under 12 years
of age shall be excluded from the term "registered tenant."
The number of individuals who may be properly accommodated
in the beds located in any licensed premises, counting a standard
single bed as a proper accommodation for one individual and counting
a standard double bed as a proper accommodation for two individuals.
As defined in N.J.S.A. 40:54D-3.
[Amended 11-17-2015 by Ord. No. 1689]
No hotel room or tourism lodging shall be offered for rent or
rented unless the owner thereof first obtains a rental permit from
the City Clerk. Nothing in this article shall be interpreted as applying
to the rental of any hotel room or residential dwelling for a period
of 175 consecutive days or longer.
[Amended 5-20-1975 by Ord. No. 647; 4-3-1979 by Ord. No. 730; 8-3-1999 by Ord. No. 1333]
Application for such permit shall be made to
the City Clerk on forms provided by said Clerk. The fee for such permit
shall be $8 per sleeping room.[1] Each permit shall expire on the 31st day of December following
its issuance and shall be annually renewable.
[Amended 8-3-1999 by Ord. No. 1333; 11-17-2015 by Ord.
No. 1689]
The application for such permit shall contain the following
information:
A.
The name, address and telephone number of the owner of the hotel
or tourism lodging for which a rental permit is sought, and of his,
her or its agent, if any.
B.
The address of the premises for which a rental permit is sought and
an exact description of the same, including the name, if any, and
the street and number by which said premises are designated.
C.
The exact number of sleeping rooms contained in the apartment or
dwelling and the exact number of sleeping accommodations contained
in each of said sleeping rooms, identifying each sleeping room specifically
by either number or location within the hotel or tourism lodging.
D.
A statement that the applicant for such permit fully understands that a condition of the issuance of said permit shall be that either the permittee or permittee's agent shall assume the responsibility for reporting any violation of Article I of this chapter of the Code of the City of North Wildwood or any violation of any other laws which the permittee or the agent of the permittee knows, or has reason to know, occurred on the premises, which report shall be made to the Police Department of the City of North Wildwood.
E.
A statement that the applicant for such permit fully understands
that each hotel or tourism lodging, for which a permit is issued under
this article, shall be kept in a safe, clean and sanitary condition,
shall have proper and adequate light and ventilation and shall be
subject to inspection by the Construction Official of the City of
North Wildwood, or said Official's Building Inspectors and/or the
Health Officers of the City of North Wildwood, during reasonable hours
in order that said officials might ascertain if said premises comply
with the provisions of this article.
Each permittee granted a permit hereunder shall
maintain a register on any premises for which a permit is issued hereunder,
which register shall contain the names, addresses, telephone numbers
and the exact term of the rental period of all registered tenants
leasing sleeping accommodations from the permittee, as well as the
number of individually registered tenants. Said register shall be
available for inspection by the officers of the Police Department
of the City of North Wildwood at all times.
[Amended 12-16-1975 by Ord. No. 656; 8-3-1999 by Ord. No. 1333; 12-16-2014 by Ord. No. 1664; 11-17-2015 by Ord. No. 1689]
Each permittee granted a permit hereunder shall
be permitted to lease the premises, for which a permit has been granted
hereunder, for a number of registered tenants to reside therein, not
to exceed that number for which sleeping accommodations are provided
in said licensed premises. Each and every room occupied for sleeping
purposes shall contain at least the minimum square footage provided
in N.J.A.C. 5:28-1.11, the habitable rooms shall have at least the
minimum ceiling heights provided in N.J.A.C. 5:28-1.11, and rooms
occupied for sleeping purposes may be located in whole or in part
below the level of ground subject to the requirements of N.J.A.C.
5:28-1.11. Notwithstanding the foregoing, it shall be unlawful for
the permittee to allow gatherings of persons on premises in excess
of the maximum occupancy limit. Additionally, it shall be unlawful
for the permittee to charge admission to the premises, for any reason,
to any individual for which sleeping accommodations are not available
on the premises and/or who have not been registered as tenants by
the permittee.
[Amended 12-16-1975 by Ord. No. 656; 11-17-2015 by Ord.
No. 1689]
Between April 1 and September 15 of each year,
inclusive, it shall be unlawful and in violation of this article for
any individual registered tenant or any group of registered tenants,
who have leased tourism lodging or one or more hotel rooms from a
permittee, to allow or permit any other individual, for whom sleeping
accommodations are not available on the premises and who have not
been registered as tenants by the permittee, to enter in or upon the
licensed premises during the hours of 11:00 p.m. and 7:00 a.m., prevailing
time. The permittee may, however, grant specific permission to such
nonregistered individuals to enter in or upon such licensed premises.
However, in so doing, the permittee shall become personally responsible
for the activities of such nonregistered individuals, and in the event
of a breach of the peace or other violation of the laws of this City
or State of New Jersey by such individuals, the permittee shall be
deemed to have violated this article.
[Added 8-3-1999 by Ord. No. 1333;[1] amended 12-16-2014 by Ord. No. 1664; 11-17-2015 by Ord. No. 1689]
It shall be unlawful and in violation of this article of the
North Wildwood Code for a permittee or tenant of a hotel room or tourism
lodging:
A.
To permit or allow people to reside in the licensed premises in a
number in excess of the number of people for which sleeping accommodations
are provided.
B.
To lease a hotel room(s) or tourism lodging to a number or group
of tenants which exceeds the total number of sleeping accommodations
in the licensed premises.
C.
To knowingly permit a number of people, greater than the maximum
number of occupants permitted, to occupy the hotel room(s) or tourism
lodging.
D.
To rent a hotel room or tourism lodging without securing a permit
therefor.
E.
To violate any of the provisions of the New Jersey State Housing
Code, N.J.A.C. 5:28-1.1 et seq.
F.
To enter into a lease agreement without at least one tenant being
an adult, and requiring all adult tenants to sign the lease.
G.
To violate any other provision of this article.
[Amended 12-16-1975 by Ord. No. 656; 11-17-2015 by Ord.
No. 1689]
It shall be the legal duty of each permittee hereunder to immediately
report any breaches of the peace or violations of this article which
permittee knows or believes have occurred on the licensed premises,
which report shall be made to the Desk Sergeant on duty at the Police
Department of the City of North Wildwood by the most expedient means.
[Amended 11-17-2015 by Ord. No. 1689]
Each permittee granted a permit hereunder who
is a nonresident of the City of North Wildwood or is not present within
the City of North Wildwood, or is not present within the City of North
Wildwood during the entire period or term of the letting of an hotel
room or tourism lodging, shall be required to designate an agent for
the purpose of receiving notice of violations of this article. The
name, address and telephone number of such permittee, as well as the
name, address and telephone number of the permittee's agent, who shall
be present within the City of North Wildwood during the entire period
of the term of the letting, must be filed with the Police Department
of the City of North Wildwood. The individual designated as an agent
hereunder shall be required to consent to the foregoing filing by
endorsing the same.
[Amended 12-16-1975 by Ord. No. 656]
The terms of this article shall become part
of all leases with respect to licensed premises in this City. Upon
the conviction of a registered tenant for a violation of this article,
or any other ordinance or law of this state or the federal government,
which violation occurs on the licensed premises, such conviction shall
be prima facie evidence in a civil suit for eviction of a violation
of the rules and regulations of the landlord by the registered tenant.
[Amended 8-3-1999 by Ord.
No. 1333; 5-21-2002 by Ord. No. 1411; 11-17-2015 by Ord. No. 1689]
Each permittee hereunder shall prominently display in all licensed
premises a notice, the form of which shall be approved by the City
Council of the City of North Wildwood, which notice shall contain
the following factual data:
A.
A statement of the maximum number of occupants permitted to reside
in the licensed premises.
B.
That the licensed premises are governed by the provisions of this
article.
C.
That a copy of this article is displayed at the main entry of the
building.
D.
That violators of this article shall be subject to a fine of not
more than $2,000, imprisonment for not more than 90 days, or community
service for not more than 90 days, or any combination thereof, and
forfeiture of their lease without refund of rental payments.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended 8-3-1999 by Ord. No. 1333; 11-17-2015 by Ord.
No. 1689]
Each permittee hereunder shall prominently display a copy of
this article and a sign at the main entryway of the licensed premises.
Said sign shall state the name, address and telephone number of the
permittee and of his, her or its authorized agent, if any.
[Amended 8-3-1999 by Ord. No. 1333; 12-16-2014 by Ord. No. 1664; 11-17-2015 by Ord. No. 1689]
A.
Any permit issued for the operation of any hotel or tourism lodging
hereunder may be suspended or revoked by the City Council of the City
of North Wildwood, after complaint and notice to the permittee and
opportunity afforded to the permittee to be heard, upon proof, by
a preponderance of the evidence, that, at any time during either the
current permit term or the immediately preceding permit term, the
permittee or permittee's agent, the registered tenant or any other
person violated the provisions of this article or violated any other
City ordinance or law of the State of New Jersey or of the United
States of America while in the licensed premises or while upon the
property upon which the licensed premises are located or in reasonably
close proximity to that real property, which includes by way of example,
but not by way of limitation, the portion of a public right-of-way
that is contiguous to the subject property.
B.
A complaint seeking the revocation or suspension of a permit may
be filed by any one or more of the following: Mayor, Director of Public
Safety, Chief of Police, Construction Official, Building Inspector,
Zoning Enforcement Officer, Property Maintenance Officer, Fire Official,
Housing Inspector or Safety Officer. Such complaints shall be in writing
and filed with the City Clerk. Such complaints shall be specific and
shall be sufficient to apprise the permittee of the charges so as
to allow the permittee to present a proper defense.
C.
Upon the filing of such a written complaint, the City Clerk will
immediately notify the City Administrator who, in consultation with
the Mayor and Council President, shall schedule a date for a hearing
before the City Council of the City of North Wildwood, or, at the
discretion of the City Council, a hearing officer who is either a
New Jersey licensed attorney or administrator or manager of a New
Jersey municipality. The hearing shall not be held sooner than 10
days nor more than 30 days after the filing of the written complaint.
In the event that the hearing is to be conducted by the City Council
then it shall not be held until there has been compliance with the
notice provisions of the Open Public Meetings Act. The City Clerk
shall forward a copy of the complaint and a notice of the date, time
and place of the hearing to the permittee and to the permittee's agent,
if any. The complaint and notice may be hand-delivered or mailed simultaneously
by regular and certified mail, return receipt requested, to the address
of the permittee and his agent, if any, as set forth on the application
for the permit. The complaint may be prosecuted by the City Solicitor,
the Municipal Prosecutor or by any other New Jersey licensed attorney-at-law
as designated by the Mayor.
D.
At the hearing, the permittee may be represented by an attorney,
and the permittee shall have the right to give evidence and cross
examine witnesses, whose testimony shall be given under oath. Technical
rules of evidence shall not be applicable to the hearing, but the
City Council or the hearing officer, as the case may be, may exclude
irrelevant, immaterial or unduly repetitious evidence.
E.
A record of the proceedings shall be made by a stenographer or by
tape or other recording, and a transcript of the proceedings shall
be prepared at the request and expense of the permittee or permittee's
agent. Upon conclusion of the hearing, a written decision shall be
rendered within 30 days, and, promptly thereafter, a copy of the decision
shall be mailed to the permittee and his, her or its agent, if any,
by regular and certified mail to the address set forth on the permittee's
permit application and simultaneously to the City Council if the written
decision is rendered by a hearing officer. The aforementioned time
frame may be extended if additional time is needed to obtain and review
the transcript. The written decision shall include findings of fact
and conclusions of law. The decision shall be either a dismissal of
the complaint, the suspension of the permit or a revocation of the
permit. In the case of a first offense, a permit revocation may be
suspended, at the sole discretion of the City Council, for a period
of up to 30 days, and if the offender commits no further offense within
that thirty-day period, the complaint would then be dismissed. A written
decision rendered by a hearing officer shall not be considered a final
decision until such time as it is reviewed by the City Council. Upon
review by the City Council, the written decision of the hearing officer
shall be adopted, modified or rejected and the City Council's decision
in that regard shall be evidenced by a resolution duly adopted by
it at any meeting held in compliance with the Open Public Meetings
Act. The City Council's decision shall be considered the final decision
and a true copy of its resolution shall be mailed by the City Clerk
to the permittee and his, her or its agent, if any, by regular and
certified mail to the address set forth on the permittee's permit
application.
F.
In addition to the cost of the transcript of the hearing, the permittee
or permittee's agent, as the case may be, shall also be responsible
for the costs incurred in connection with the mailings, and the failure
to pay such costs within 30 days of billing shall result in an automatic
and immediate suspension of the permit, which suspension shall continue
until the payment has been made.
G.
In any hearing before the City Council or hearing officer proof that,
at any time during either the current permit term or the immediately
preceding permit term, the permittee or permittee's agent, the registered
tenant or any other person violated the provisions of this article
or violated any other City ordinance or law of the State of New Jersey
or of the United States of America while in the licensed premises
or while upon the property upon which the licensed premises are located
or in reasonably close proximity to that real property, which includes
by way of example, but not by way of limitation, the portion of a
public right-of-way that is contiguous to the subject property, shall
constitute a presumption that good cause exists for revocation of
the permit. Similarly, the generation of an excessive number of nuisance
calls to the North Wildwood Police Department or North Wildwood Fire
Department regarding the subject property shall constitute a presumption
that good cause exists for the suspension of the permit.
H.
Upon the expiration of the suspension, the permittee shall reapply for permit reinstatement in accordance with § 344-4 of this article; however, in such event the applicant must also obtain the following prior to permit reinstatement:
(1)
Satisfactory inspection by the North Wildwood Board of Health.
(2)
Satisfactory inspection by the North Wildwood Construction Official.
(3)
Proof that all outstanding municipal tax, water and sewer bills relative
to the subject premises have been paid in full.
(4)
Proof that the annual fire prevention fees have been paid in full
and that the subject premises are in compliance.
(5)
A zoning compliance certification from the Zoning Officer.
(6)
A current business registration certificate issued by the State of
New Jersey.
(7)
A review form completed by the North Wildwood Police Department relative
to criminal and disorderly activities on site within the past year.
(8)
A statement disclosing the name and telephone number of the individual
or agent who is responsible for supervision of the premises and an
acknowledgment that said individual will be responsive to police in
an emergency or in case of a disturbance on site.
(9)
Failure to procure a permit prior to commencing business shall be
deemed to be in violation of this article.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any violation of this article shall subject
the violator, upon conviction, to a fine of not more than $2,000,
imprisonment for not more than 90 days, or community service for not
more than 90 days, or any combination thereof.
[Adopted 11-7-2012 by Ord. No. 1613]
For the purpose of this article, the following meanings shall
apply:
A licensed attorney of the State of New Jersey appointed
by the Mayor, subject to the advice and consent of the City Council.
The hearing officer shall not own or lease any real property within
the City of North Wildwood or hold any interest in the assets of or
profits arising from the ownership of such property.
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, including, but not
limited to, any building subject to the Hotel and Multiple Dwelling
Law, P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.), and owner-occupied
premises.
Any rental of residential accommodations for a term of less
than one year and including any part of the period extending from
May 15 to September 15.
An act of disorderly, indecent, tumultuous or riotous conduct,
including, by way of example, but not limited to, simple assault,
terroristic threats, harassment, urinating in public, lewdness, criminal
mischief, or excessive noise, upon or in proximity to any seasonal
rental premises and attributable to the acts or incitements of any
of the tenants of those premises, which has been substantiated by
prosecution and conviction in any court of competent jurisdiction.
A.
If, in any twelve-month period, two complaints, as defined in § 344-16 hereof, on separate occasions, of disorderly, indecent, tumultuous, or riotous conduct, including, by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, or excessive noise, upon or in proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the City Council or any officer or employee of the City of North Wildwood so designated by the City Council for this purpose may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.
B.
In the event that a tenant is convicted of any of the conduct described in Subsection A of this section, the governing body or the officer or employee designated pursuant to Subsection A of this section shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the City of North Wildwood.
C.
The City Council or any officer or employee of the municipality designated
by the City Council shall cause to be served upon the landlord, in
person or by registered mail or by certified mail, return receipt
requested, to the address appearing on the tax records of the City
of North Wildwood, notice advising of the institution of such proceedings,
together with the particulars of the substantiated complaint upon
which those proceedings are based and of the time and place at which
the hearing will be held in the matter, which shall be in the Municipal
Building, Municipal Court or such other public place as designated
by the City Council and which shall be no sooner than 30 days from
the date upon which the notice is served or mailed.
D.
At the hearing convened pursuant to Subsection C above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.
E.
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in the light of the nature and extent of the
offenses indicated in the substantiated complaints upon which the
proceedings are based, to be adequate in the case of subsequent offenses
to:
(1)
Make reparation for damages likely to be caused to public or private
property consequent upon disruption of affected residents' rights
of fair use and quiet enjoyment of their premises; and
(2)
Secure the payment of fines and penalties likely to be levied for
such offenses; and
(3)
Compensate the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior; provided, however, that no
such bond shall be in an amount less than $500 nor more than $5,000.
The municipality may enforce a bond thus requiring an action in the
Superior Court and shall be entitled to an injunction prohibiting
the landlord from making or renewing any lease of the affected premises
for residential purposes until that bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
F.
Any bond or other security deposited in compliance with Subsection E(3) above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 344-18 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void the requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by Subsection E above in the same manner as the landlord upon which the requirement was originally imposed; provided, however, that the City Council may, by resolution, shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control if, during that year, no substantiated complaints are recorded with respect to the property in question.
A.
If, during the period for which a landlord is required to give security pursuant to § 344-17 above, a substantiated complaint is recorded against the property in question, the City Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 344-17F above of the period for which the security is required, or for an increase in the amount of security required, for any or all of those purposes.
B.
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in § 344-17E above. Any decision by the hearing officer to increase the amount or extend the period of the required security shall be determined in the light of the same factors set forth in § 344-17E above and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this article. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in § 344-17E above.
A.
The hearing officer shall be a licensed New Jersey attorney appointed
by the Mayor, subject to the advice and consent of the City Council.
B.
A hearing officer shall not own or lease any real property within
the City of North Wildwood or hold any interest in the assets of or
profits arising from the ownership or lease of such property.
