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Union City, NJ
Hudson County
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Table of Contents
Table of Contents
Code
New Laws (164) Index Notes (1)
Public Documents
Agendas (35)
[Adopted 12-15-2015]
A. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
HOSTING PLATFORM
A marketplace in whatever form or format which facilitates the vacation rental, through advertising, match-making or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.
PERMANENT RESIDENT
A person who occupies a dwelling unit or accessory building or structure for at least 60 consecutive days with intent to establish that unit as his or her primary residence; and may be an owner or a lessee.
[Added 3-1-2016]
VACATION RENTAL
Rental of: 1) any dwelling unit, accessory building or structure, garage, attic, or basement, in whole or in part; or 2) any furniture within any dwelling unit, accessory building or structure, garage, attic, or basement, within the City of Union City, to any person(s) for exclusive transient use of 30 consecutive days or less, regardless of whether one of the dwelling unit's permanent residents is on-site, in the dwelling unit, throughout the visitors' stay, and whereby the unit is only approved for permanent residential occupancy and not approved for transient occupancy by this article. Rental of units within City-approved hotels, motels and bed and breakfasts shall not be considered vacation rentals.
[Amended 3-1-2016]
B. 
Prohibitions. No person, including any hosting platform operator, shall undertake, maintain, authorize, aid, facilitate or advertise any vacation rental activity that does not comply with this Code.
C. 
Regulations.
(1) 
The Board of Commissioners of the City may promulgate regulations, which may include but are not limited to permit conditions, reporting requirements, inspection frequencies, enforcement procedures, advertising restrictions, disclosure requirements, or insurance requirements, to implement the provisions of this article. No person shall fail to comply with any such regulation.
(2) 
The Board of Commissioners of the City may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this article.
D. 
Enforcement; violations and penalties.
(1) 
Violation of any provision of this article shall be cause for a Municipal Court summons to be issued by the Police Department, Code Enforcement Official, or Health Officer.
(2) 
Violation of the provisions of this article shall be punishable as provided in Chapter 1, General Provisions, Article IV, General Penalty, except that with each violation, there shall be a minimum fine of $250 payable through the Municipal Court Violations Bureau.
(3) 
Any person convicted of violating any provision of this article in a criminal case or found to be in violation of this article in a civil case brought by a law enforcement agency shall be ordered to reimburse the City and other participating law enforcement agencies their full investigative costs and remit all illegally obtained rental revenue to the City so that it may be returned to the victims of illegal short term rental activities.
(4) 
Any interested person may seek an injunction or other relief to prevent or remedy violations of this article. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.
(5) 
The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.