[Added 7-11-2016 by Ord.
No. 16-08]
As used in this article, the following terms shall have the
meanings indicated:
A marketplace, in whatever form or formal, 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.
Rental of any dwelling unit, in whole or in part, within
the Borough of Woodcliff Lake, to any person(s) for exclusive or partial
transient use of 30 consecutive days or less, whereby the dwelling
is only approved for permanent residential occupancy and not approved
for transient occupancy by this chapter. Rental of dwellings within
the Borough-approved hotels, motels and bed-and-breakfasts shall not
be considered vacation rentals.
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.
A.
The Mayor and Council of the Borough 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.
B.
The Mayor and Council of the Borough may establish and set by resolution
all fees and charges as may be necessary to effectuate the purpose
of this article.
A.
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.
B.
Violation of the provisions of this article shall be punishable by
a minimum fine of $250 and a maximum of $1,000 per day of the violation
for first-time offenders. Second and subsequent offenders violating
the provisions of this article shall be punishable by a minimum fine
of $750 and a maximum of $1,000 per day of the violation. All fines
shall be payable through the Municipal Court Violations Bureau.
C.
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 Borough and other participating law enforcement agencies their
full investigative costs and remit all illegally obtained rental revenue
to the Borough so that it may be returned to the victims of illegal
short-term rental activities.
D.
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.
E.
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.
