The purpose of this chapter is to discourage and penalize real estate property owners from operating and creating apartments contrary to the Construction Codes (Chapter
119), the Zoning Ordinances (Chapter
275) or any other applicable state, county or municipal regulation and provide for the relocation of the tenants displaced by the enforcement of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
APARTMENT or UNIT
A room or group of related rooms set apart from the other
rooms of a building and used as a dwelling unit by persons other than
those dwelling in or using the other rooms.
ILLEGAL APARTMENT OR UNIT
Any one of the following shall constitute an illegal apartment
or unit:
A.
An apartment or unit for which no certificate of occupancy has
been issued.
B.
An apartment or unit, which would exceed the number of units
permitted under the Zoning Ordinances, Construction Codes or under any of the conditions of any approvals granted
by a Land Use Board of the Borough.
C.
An apartment or unit which fails to meet the requirements of
any regulation affecting the health, safety and welfare of the general
public.
D.
An apartment or unit which fails to satisfy the requirements
of the Multiple Dwelling Law or any other statute, ordinance or regulation governing
multiple dwellings.
E.
An apartment or unit which the owner has permitted occupancy
thereof without obtaining therefor required plumbing, electrical and
building permits.
F.
Any other apartment or unit deemed by the Construction Code
Official or any governmental agency or by judicial decree to be in
violation of any state, county or municipal regulation.
OWNER
The holder or holders of the title to the premises in fee
simple or having charge, care or control of the premises, as owner
or agent of the owner or as executor, administrator, trustee, receiver,
or guardian of the estate of the title holder or a mortgagee in possession,
regardless of how such possession was obtained.
TENANT
Any person residing with the consent of the owner in an apartment
or unit of housing space.
No owner of real property shall rent an illegal apartment or
mobile home to or permit the same to be occupied by any tenant(s)
or other person(s).
Notwithstanding the provisions of Chapter
204 of this Code, the penalties for violation of any provision of this chapter shall be:
A. Any person who violates this chapter shall be subject to a fine or
penalty in the amount of $1,500 for the first violation and in the
amount of $2,000 for any subsequent violations. For purposes of determining
violations of this chapter, each and every day of continued rental
or occupancy shall be deemed to be a separate and distinct violation.
B. For the purposes of determining violations of §
90-3 of this chapter, each and every day of refusal to pay to the tenant the moneys required thereunder shall be deemed to be a separate and distinct violation.
The Zoning Enforcement Official, the Construction Official,
the Building Inspector or the Property Maintenance Official shall,
upon the determination of the existence of an illegal apartment, immediately
serve a notice of such determination upon the owner of the real estate
by certified mail at the owner's address as disclosed by the
official tax records of the Borough. If no receipt of such certified
mail is returned within five days, then by regular mail at the last
known address.