Prior ordinance history: Ordinance Nos. 03-05, 2010-11
and 2010-25.
[Ord. No. 2013-12]
The purpose of this article is to protect the health and safety
of persons occupying leased or rented housing within the Borough of
Bound Brook. This section creates a single-point uniform system for
the registration, licensing and reporting of quality of life violations
to landlords and rental property owners. It is the purpose of this
ordinance to exercise the municipal police power implicit in the New
Jersey Constitution and granted pursuant to N.J.S.A. 40:48-2 to promote
the welfare of the municipality and its inhabitants.
[Ord. No. 2013-12]
As used in this article:
Fit for habitation as defined by applicable zoning, construction,
housing, and property maintenance statutes, ordinances, or codes.
All or any part of a detached single-family structure or
building or multi-household structure or building in which any room
or rooms, or suite or apartment thereof, whether furnished or unfurnished,
which is occupied, or intended, arranged or designed to be occupied,
for sleeping or dwelling purposes by one or more persons, including
but not limited to the owner thereof, or any of his servants, agents
or employees, and shall include all privileges, services, furnishings,
furniture, equipment, facilities and improvements connected with the
use or occupancy thereof.
A residential room or space, having an area exceeding 59
square feet in which ordinary functions of domestic life are carried
on, and which includes bedrooms, living rooms, studies, recreation
rooms, kitchens, dining rooms and other similar spaces, but does not
include closets, halls, stairs, laundry rooms, or bathrooms.
The Borough staff member designated as having responsibility
for enforcement of housing, and property maintenance standards, and
this article.
Any owner, manager, or other designated agent, offering a
dwelling unit gratuitously or in exchange for a fee or compensation,
whether monetary or otherwise.
Shall refer to an owner who has complied with the requirements
of this article, has filed the appropriate registration materials
and is authorized to offer dwelling units to the public for rent.
Any person(s), corporation or business entity that is an
owner, including its agents, and offers a dwelling unit to the public
for rent.
Any person who owns any legally cognizable interest in any
dwelling unit including, but not limited to, outright ownership, ownership
through a partnership, corporation or limited liability company.
A provisional license issued by the Borough of Bound Brook
stating that the referenced structure or unit does not conform to
applicable construction, housing, and property maintenance requirements.
However, occupancy of that structure or unit is conditionally permitted
for residential use. A provisional rental license is only valid for
90 days.
Shall run from July 1 to June 30.
A license issued by the Borough of Bound Brook stating that
the referenced structure or unit conforms to applicable construction,
housing, and property maintenance requirements, and that occupancy
of that structure or unit is permitted for residential use.
Any structure or building containing one or more dwelling
unit(s) which are occupied by persons other than the owner, the owner's
cohabitants, owner's relatives, or guests.
Any dwelling unit(s) which are occupied by persons other
than the owner, the owner's cohabitants, relatives, or guests.
Of the unit depicting the number, dimensions and location
of each room in the unit. No space shall be used for sleeping purposes
which has not been so designated as a sleeping area on the sketch
provided by the owner and approved by the Housing Official.
Any deficiency in a structure or housing unit as defined
by applicable zoning, construction, housing, and property maintenance
statutes, ordinances, or codes.
[Ord. No. 2013-12]
Hotels, motels, rooming houses, and boarding houses licensed
by the State of New Jersey shall not be subject to the requirements
of this article.
[Ord. No. 2013-12]
Prior to offering a rental unit to the public for rent, the
owner of the rental unit shall become a licensed registered operator
and file a Rental Property Registration Statement. No tenant shall
occupy any rental unit until a rental license has been issued.
[9-12-2023 by Ord. No. 2023-040]
Prohibited conduct: No person shall undertake, maintain, authorize,
aid, facilitate, solicit, promote and advertise any rental or activity
that violates any part of this chapter.
[9-12-2023 by Ord. No. 2023-040]
a.
Notwithstanding
anything to the contrary in the Borough Code, it shall be unlawful
for any person, including, but not limited to, an owner, lessor, or
sublessor with any possessory interest in any dwelling unit, to receive
compensation of any kind for the use, occupancy, or rental of any
dwelling or dwelling unit for a period of 90 days or less except for
the following:
b.
Notwithstanding
anything to the contrary in the Borough Code, it shall be unlawful
for any person, including, but not limited to, an owner, lessor, or
sublessor with any possessory interest in any dwelling unit, to receive
compensation of any kind for the use, occupancy, lease or rental,
for any purpose and for any period of time, of any amenity, feature,
or accessory that is appurtenant to or associated with any rental
facility, rental unit, dwelling (including, but not limited to, a
duplex, multiple- or single- family) or residential structure. "Amenity,
feature, or accessory" shall include, but is not limited to, swimming
pools, pool cabanas, accessory structures, hot tubs, decks, patios,
yards and the like.
c.
Notwithstanding
anything to the contrary in the Borough Code, it shall be unlawful
for any person, including, but not limited to, an owner, lessor, or
sublessor with any possessory interest in any dwelling unit, to receive
compensation of any kind for the use, occupancy, lease or rental,
for any purpose and for any period of time, of property or portion
of property for camping, "glamping" or recreational vehicle space.
[9-12-2023 by Ord. No. 2023-040]
The Borough Council 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 section. No person shall fail to comply with any
such regulation.
[9-12-2023 by Ord. No. 2023-040]
The provisions of this section shall be enforced by the Borough
Zoning Officer, Fire Department, Police Department and any other Borough
official or employee so designated by the Borough Clerk/Administrator,
who all shall be authorized to issue summons or other appropriate
civil violations or complaints for any violations of the terms and
provisions of this section.
[9-12-2023 by Ord. No. 2023-040]
a.
Any person
who is found or adjudicated to have violated any provision of this
section shall be liable for a fine not to exceed $1,000. Each day
of any such violation after receiving written notice of same shall
be a new and separate violation.
b.
The penalty
imposed herein shall be in addition to any and all other remedies
that may accrue under any other law, including, but not limited to,
eviction proceedings and/or injunction, reasonable attorney's fees
or other fees and costs, in the Borough's Municipal Court or the Superior
Court of New Jersey in the vicinage of Somerset County, or in such
other court or tribunal of competent jurisdiction, by either summary
disposition or by zoning or construction code municipal proceeding.
[Ord. No. 2013-12]
The Borough shall make available at the Housing Official's office
and the Borough Clerk the licensed registered operator application.
The application shall require the following information:
a.
The name, e-mail address and the address of all record owners and
the operator of the rental property, building or of the rental business
(including all general partners in the case of a partnership, all
members in the case of a limited liability company, and all shareholders
in the case of a corporation).
b.
The name and address of a person who resides in Somerset County and
is authorized to accept notices from a tenant or a municipality, to
issue receipts for these notices and to accept service of process
on behalf of the operator.
c.
A certified statement from the owner and/or operator that, to the
best of their knowledge, the rental property is current with all applicable
municipal taxes, utility charges, that the exterior and interior of
the rental property comply with applicable building codes (applicable
construction, housing, and property maintenance requirements) and
that there are no current or pending violations of applicable codes
for the rental property.
d.
A required floor plan of the unit depicting the number, dimensions
and location of each room in the unit. No space shall be used for
sleeping purposes which has not been so designated as a sleeping area
on the sketch provided by the owner and approved by the Housing Official.
[Ord. No. 2013-12]
Simultaneous with the authorization as a licensed registered
operator shall also be responsible for providing the following information:
a.
The address and unit number, if any, of the rental unit;
b.
If the rental unit is occupied at the time of the application, the
name of the tenant shown on the lease or rental agreement;
c.
The number of habitable rooms in the rental unit; and
d.
The total number of adults and children residing in the rental unit.
e.
The required floor plan of the unit depicting the number, dimensions
and location of each room in the unit. No space shall be used for
sleeping purposes which has not been so designated as a sleeping area
on the sketch provided by the owner and approved by the Housing Official.
f.
The Housing Official may require additional information as necessary
to administer the provisions of this article.
g.
It is the responsibility of the licensed registered operator to notify
the Housing Official of the Borough of any changes of tenants within
the Registration Year from July 1 to June 30.
[Ord. No. 2013-12; Ord. No. 2017-15; amended 3-12-2019 by Ord. No. 2019-11; 1-28-2020 by Ord. No. 2020-02]
Consistent with the provisions of this section, each licensed
registered operator will pay a single annual fee. The licensed operator
fee shall be $150 per rental unit and a waived fee for an owner-occupied
two-family. There will be a $10 per month late fee assessed on the
first day of each month beginning on August 1 of the billing year.
[Ord. No. 2013-12]
Except as provided in § 15-8 below, any rental unit that is occupied at the time of the adoption of this article may continue to be occupied, even if substandard, so long as that unit is registered and does not constitute an unsafe structure or violate the standards specified in § 15-8. Units found to be substandard will be issued a provisional rental license valid only for the tenants in possession or residence and valid only until expiration of the current term of the rental license. (Ordinance No. 2013-12 codified herein, was adopted September 24, 2013.)
[Ord. No. 2013-12]
A failure to file a Rental Property Registration Statement as required in § 15-24, shall be deemed abandonment of any right to a provisional rental license regardless of actual intent.
[Ord. No. 2013-12]
Upon completion of the licensed registered operator application
and payment of the licensed registered operator fee, the operator
shall be deemed a "licensed registered operator" and is authorized
as an operator in the Borough.
[Ord. No. 2013-12]
Upon compliance with the requirements for obtaining and maintaining
a rental license, a licensed registered operator is an authorized
operator for one year. The licensed registered operator term/year
shall run from July 1 through June 30.
[Ord. No. 2013-12; amended 7-11-2023 by Ord. No. 2023-036]
a.
Rental license housing inspection. Upon receipt of an application
for a rental license or rental license renewal, the Housing Official,
or a duly designated representative, shall conduct a general inspection
of the premises and the visible parts of the building exterior and
dwelling unit interior to ensure compliance with the required standards.
The Housing Official shall make a report thereon, favorable or otherwise,
within 10 days after completing the inspection.
b.
Lead-based paint inspection. As per N.J.A.C. 5:28A, the Borough of
Bound Brook will conduct lead-based paint inspections on units required
to do so by N.J.A.C. 5:28A. The inspections will be conducted in conjunction
with the annual housing inspection or in conjunction with required
re-rent/re-sale inspections, with no additional fees due to the Borough
of Bound Brook. A reporting fee of $20 is due to the State of New
Jersey and collected by the Borough at the time of inspection. The
Borough of Bound Brook will charge an additional $50 for a standalone
lead-based paint inspection.
[Ord. No. 2013-12]
The New Jersey State Regulations for the Maintenance of Hotels
and Multiple Dwellings is adopted as the standard for rental license
inspections without revisions.
[Ord. No. 2013-12]
The Housing Official shall determine, at the time of inspection,
the maximum number of occupants for the rental unit. Such determination
shall be made in accordance with the Occupancy Standards of the New
Jersey Regulations for the Maintenance of Hotels and Multiple Dwellings.
[Ord. No. 2013-12]
If the premises are found to conform to the required standards, the Housing Official shall approve the application and post the rental license in a location, which is in a common area of the subject premises. To be valid, the rental license must display the maximum number of occupants as determined in § 15-13. This posting requirement is subject to the posting exceptions set forth in § 15-28.
[Ord. No. 2013-12]
If the premises are found to be nonconforming, the Housing Official
shall notify the applicant that the rental license application will
be denied or conditionally approved. Such notification shall be in
writing and shall state the reasons for denial or conditional approval
and advising the repairs of improvements necessary for a rental license
to be issued.
[Ord. No. 2013-12]
a.
Any rental license may be revoked by the Housing Official after:
1.
An inspection that identifies nonconforming conditions;
2.
Written notice of violation to the licensed registered operator,
owner, rental agent or manager; and
3.
A ten-day period to correct such violations. Except that in the case
of an immediate threat to the health, welfare, or safety of the occupants
as determined by the Housing Official or the Housing Official's designee,
the ten-day requirement may be abrogated.
b.
A rental license shall be revoked if the landlord is found liable
pursuant to the terms of this section.
c.
Providing false information to the Housing Official and/or Borough.
[Ord. No. 2013-12]
Any dwelling unit which is required to be reinspected shall
be required to pay a $30 reinspection fee prior to the reinspection.
[Ord. No. 2013-12; Ord. No. 2015-21 § 2]
a.
Violations of this article will constitute a municipal infraction
and will be subject to the penalties under this article, in addition
to those imposed by any other applicable code or ordinance.
b.
For violation of any provision of this article, unless a specific
penalty is otherwise provided in connection with the provision violated,
the maximum penalty upon conviction of the violation shall be one
or more of the following: (i) imprisonment in the County Jail or in
any place provided by the municipality for the detention of prisoners,
for any term not exceeding 90 days; (ii) by a fine not exceeding $2,000
or (iii) by a period of community service not exceeding 90 days.
c.
For violations of a housing or zoning code, the enforcement officer
shall provide a thirty-day period in which the owner shall be afforded
the opportunity to cure or abate the condition and shall also be afforded
an opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
d.
Except as otherwise provided, every day in which a violation of any
provision of this article exists shall constitute a separate violation.
[Ord. No. 2013-12; repealed
by Ord. No. 2015-21 § 3]
[Ord. No. 2013-12; Ord. No. 2015-21 § 4]
In addition to the penalties provided for in § 15-18, "Penalties for Offenses," allowing occupancy of a rental unit without a valid rental license shall subject the violator to revocation of authorization as a licensed registered operator.
[Ord. No. 2013-12]
No certification of compliance with these regulations shall
constitute a defense against any violation of any other ordinance
of the Borough of Bound Brook applicable to any structure or premises.
[Ord. No. 2013-12]
In any case where the provisions of this article impose a higher
standard than that set forth in any other ordinance of the Borough
or under any law of the State of New Jersey, then the standards as
set forth herein shall prevail.
[Ord. No. 2013-12]
a.
Valid rental license report. No later than July 31 of each year,
the Housing Official shall prepare a report listing the address, unit
number, and maximum occupancy of each rental unit within the Borough
of Bound Brook, having a valid rental license. A copy of the report
shall be submitted to the Mayor and Borough Council.
b.
Annual review of standards and requirements. The Housing Official
shall, in accordance with a schedule he shall establish, review the
provisions and operation of this article. In conducting the review,
the Housing Official shall enlist, as needed, the Health Officer,
Construction Official, Borough Engineer and Borough Attorney. The
Housing Official shall submit a report of findings and recommendations
to the Mayor and Borough Council on or before October 1 including,
at a minimum:
1.
Any recommended amendments, additions, or modifications of the provisions
of this article consistent with the field experience of the personnel
charged with enforcement.
2.
A summary of the enforcement experience and such other pertinent
information as will provide the Borough Council with an annual account
of the maintenance of the standards required by this article.
c.
Any material changes to the inspection standard, named in § 15-12 above, adopted by the State of New Jersey.
d.
Any additions, changes, deletions, or amendments to the inspection
standard set forth in the Borough's Property Maintenance Code.
e.
Any further recommendations as to how this article and the procedures
and operations thereunder may be improved.
[Ord. No. 2013-12]
A licensed registered operator shall also file an annual Rental
Property Registration Statement with the Code Official and the Borough
Clerk.
a.
Certificate of registration. The owner and/or licensed registered
operator of a rental property as described in this article shall register
with the Housing Official on an annual basis and shall be filed at
the same time that the operator submits its application to become
a licensed registered operator and/or renewal of same.
b.
Registration forms. Registration shall be on forms provided by the
Housing Official and shall require:
2.
Such description by street number or otherwise as will enable the
Housing Official easily to locate same;
3.
The complete name, address, and telephone number of the person, association,
corporation, or managing agent of the premises, if any;
4.
The name and address, including the dwelling unit, apartment or room
number of the superintendent, janitor, custodian or other individual
employed by the owner or managing agent to provide regular maintenance
service, if any;
5.
The name, address and telephone number of an individual representative
of the owner or managing agent who may be reached or contacted at
any time in the event of an emergency affecting the premises or any
unit of dwelling space therein, including such emergencies as the
failure of any essential service or system, and who has the authority
to make emergency decisions concerning the building and any repair
thereto or expenditure in connection therewith;
6.
The maximum number of dwelling units, occupied or available for occupancy,
on the premises;
7.
The required floor plans of the unit depicting the number, dimensions
and location of each room in the unit. No space shall be used for
sleeping purposes which has not been so designated as a sleeping area
on the sketch provided by the owner and approved by the Housing Official.
8.
The name and address of every holder of a recorded mortgage on the
premises;
9.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building;
10.
The construction class, number of stories, and the year, or approximate
year, of construction.
[Ord. No. 2013-12]
Every owner required to register in accordance with § 15-24 above, shall amend the filing within 30 days after any change in the information required to be included thereon. No fee shall be charged for filing an amended registration except where the ownership of the premises is changed. All changes in tenancy must be reported within 30 days.
[Ord. No. 2013-12]
Registrations shall be indexed and filed in the office of the
Housing Official and will be made reasonably available for public
inspection upon filing of a proper Open Public Records Act request.
[Ord. No. 2013-12]
Every owner of a rental property shall post, and keep posted,
in a conspicuous place in a main public area, the certificate of registration
and a notice, at least six by eight inches in size setting forth:
[Ord. No. 2013-12]
In the event that a building is a one-family house, such notice
need not be posted.
[Ord. No. 2013-12; Ord. No. 2016-06 § 2]
[Ord. No. 2013-12]
a.
The Borough of Bound Brook and the residents thereof have experienced
disturbances, damage and public expense resulting from carelessly
granted and inadequately supervised rentals to irresponsible tenants
by inept or indifferent landlords.
b.
To preserve the peace and tranquility of the Borough, it is necessary
and desirable to provide adequate means to curb and discourage those
occasional excesses arising from irresponsible rentals.
c.
The New Jersey Legislature authorized the governing body of any municipality
to enact ordinances holding landlords to standards of responsibility
in the selection of tenants and supervision of the rental premises,
requiring that under certain circumstances, such landlords may be
held responsible for the disorderly behavior of their tenants, and
the consequences of such behavior.
d.
Accordingly, it is the purpose of this section to take effective
action to assure that excesses, when they occur, shall not be repeated,
and that landlords be held to sufficient standards of responsibility.
[Ord. No. 2013-12]
As used in this section:
A licensed attorney of the State of New Jersey appointed
by the Governing Body, who shall not be an owner, licensed registered
operator, or lessee of any real property within the Borough of Bound
Brook, nor hold any interest in the assets of or profits arising from
the ownership or lease of such property.
The owner, licensed registered operator, or otherwise a person
or persons who own or purport to own a building in which there is
rented or offered for rent housing space for living or dwelling under
either a written or oral lease which building contains no more than
four dwelling units.
A violation of any provision of Title 2C of the New Jersey Statutes, including, by way of example, but not limited to, disorderly, indecent, tumultuous, or riotous conduct, simple assault, terroristic threats, harassment, public urination or defecation, lewdness, criminal mischief, crimes against persons or property, excessive noise; violation of any municipal ordinance governing disorderly conduct; or violation of Chapter 3, "Police Regulations," Chapter 15, "Housing," or of Chapter 17, "Property Maintenance," of the Revised General Ordinances of the Borough of Bound Brook. For purposes of this section, "quality of life violation" shall refer to the conduct listed here, which occurs on or in proximity to a rental premises and is attributable to any of the tenants of those premises or their guests. A quality of life violation shall be deemed to have occurred in proximity to a rental premises if such quality of life violation occurred in the adjacent public right-of-way or on any adjacent property.
A complaint which may form the basis for proceedings in accordance with § 15-30.4.
[Ord. No. 2013-12]
No landlord shall knowingly permit a tenant to remain in occupancy
of rental unit if that tenant, or that tenant's guests, commit repeated
quality of life violations on or in proximity to the rental unit wherein
such tenant resides.
[Ord. No. 2013-12]
If, in any twenty-four-month period, two substantiated complaints
of quality of life violations on or in proximity to the rental unit
are attributable to any of the tenants of those premises or their
guests, the Governing Body or any officer or employee of the municipality
designated by the Governing Body for the purpose, may institute the
following proceedings to hold the landlord responsible for future
quality of life violations.
[Ord. No. 2013-12]
a.
Upon the occurrence of a substantiated complaint of a quality of
life violation, the Governing Body, or the officer or employee designated
to enforce this section shall cause notice advising that the conduct
specified has occurred to be served on the landlord, owner, and/or
licensed registered operator in person or by certified and regular
mail, at the address appearing on the tax records of the municipality,
as well as the address provided on the licensed registered operator
application and Rental Property Registration Statement, and providing
a copy of this section.
b.
Upon the occurrence of a second substantiated complaint of a quality
of life violation, the Governing Body or the officer or employee designated
to enforce this section shall cause to be served upon the landlord,
owner, and/or licensed registered operator, in person or by certified
and regular mail to the address appearing on the tax records of the
municipality, as well as the address provided on the licensed registered
operator application and Rental Property Registration Statement, notice
advising of a hearing to be held for the purpose of determining whether
to hold the landlord responsible for future quality of life violations,
together with particulars of the substantiated complaints forming
the basis for the hearing, and of the time and place at which a hearing
will be held in the matter, which shall be held in the municipal building,
Municipal Court or other public place within the municipality, and
which shall be no sooner than 30 days from the date upon which the
notice is served or mailed.
[Ord. No. 2013-12]
a.
At the hearing convened pursuant to Subsection 15-30.5 of this section, 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 and offering such evidence, may present. The Hearing Officer may consider, to the extent deemed relevant by the Hearing Officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction.
b.
If, prior to the date of the hearing, it shall be proven that the
landlord has filed a complaint in the Superior Court, seeking eviction
of the tenant or tenants convicted, or whose guests were convicted,
of the quality of life violations, the hearing shall be adjourned
for a period not to exceed 90 days. Should the landlord present proof
that the tenant or tenants have been removed or otherwise no longer
reside in the rental unit within this time, the proceeding shall be
dismissed. Should the landlord fail to present such proof within the
period of adjournment, the hearing shall be held and determined in
accordance with this section.
c.
It shall be a defense to this proceeding, if, by the time of the
hearing, the landlord shall prove:
1.
That the tenant or tenants convicted, or whose guests were convicted,
of the quality of life violations no longer reside in the rental unit;
or
2.
That the landlord diligently prosecuted an eviction in good faith
against a tenant subject to eviction under State Law, but that, through
no fault of the landlord, the Superior Court refused to evict the
tenant. This defense shall be strictly construed against the landlord.
It shall be within the discretion of the Hearing Officer to determine
whether the landlord has established this defense.
d.
At the conclusion of the hearing, the Hearing Officer shall determine
whether the landlord shall be required to post a bond in accordance
with the terms of this section.
[Ord. No. 2013-12]
a.
If, following the hearing, the Hearing Officer determines that the
landlord shall be responsible for future quality of life violations,
each and every future quality of life violation committed by that
landlord's tenant or that tenant's guests shall be deemed a separate
violation of this section by the landlord, and the landlord shall
be subject to a penalty in an amount equal to the fines and penalties
levied against the tenant or the tenant's guest for such quality of
life violation.
b.
In addition, a bond is required to be posted by the landlord in accordance
with the judgment of the Hearing Officer, in 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
offices to make reparation for:
1.
Any damage likely to be caused to public or private property and
any damages consequent upon disruption of affected residents' rights
of fair use and quiet possession of their premises; and
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and,
3.
Compensating the municipality for the costs of representing and prosecuting
such incidents of disorderly behavior.
4.
But no such bond shall be in an amount less than $500 or more than
$5,000.
c.
The municipality may enforce the bond thus required by 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 the bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
d.
The failure on the part of the landlord to post a bond shall be grounds
for revocation of authorization of a licensed registered operator
and rental licenses associated with such registration.
[Ord. No. 2013-12]
a.
The landlord shall remain liable for future quality of life violations
for a period of four years from the date of the most recent quality
of life violation.
b.
After a period of four years without a quality of life violation, the landlord shall be released from liability for further quality of life violations, unless new proceedings are instituted pursuant to § 15-30, et seq., in which case the security shall be renewed, in an amount and for a period that shall be specified by the Hearing Officer.
[Ord. No. 2013-12]
a.
If during the period for which a landlord is required to give security pursuant to Subsection 15-30.8 a substantiated complaint is recorded against the rental unit, the Governing Body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security posted pursuant to Subsection 15-30.7, for an extension as provided in Subsection 15-30.8, of the period for which such security is required, or for an increase in the amount of security required, or 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 Subsection 15-30.7. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection 15-30.6, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this section effectually. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in Subsection 15-30.7.
[Ord. No. 2013-12]
A Landlord may recover from a tenant any amounts of security actually forfeited as described in Subsection 15-30.9.
