[HISTORY: Adopted by the Mayor and Council of the Borough
of Ho-Ho-Kus 10-25-2016 by Ord.
No. 2016-12. Amendments noted where applicable.]
The Mayor and Council hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this ordinance as their findings of fact.[1]
[1]
Editor's Note: The complete ordinance is on file in the Borough
offices.
A.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sublessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partner or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering, and/or
permitting, allowing, or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 175 days
or less.
[Amended 10-27-2020 by Ord. No. 2020-38]
B.
Nothing in this chapter will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days.
As used in this chapter, the following terms shall have the
meanings indicated:
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this chapter, as same may be viewed through various media,
including but not limited to newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, Internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this chapter.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s),
for consideration, for a period of 30 days or less.
Constitutes a family-type situation, involving one or more
persons, living together that exhibits the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
uses, possesses, owns, leases, subleases or licenses (including an
operator, principal, shareholder, director, agent, or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant.
[Amended 10-27-2020 by Ord. No. 2020-38]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this chapter.
A.
The provisions of this chapter shall be enforced by the Zoning Official,
Fire Official, Health Department, other Subcode or Code Official,
as their jurisdiction may arise, including legal counsel for the Borough
or other persons designated by the Borough Council, to issue municipal
civil infractions directing alleged violators of this chapter and/or
to appear in court or file civil complaints.
[Amended 10-27-2020 by Ord. No. 2020-38]
B.
A violation of this chapter hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision of this chapter,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this chapter.
D.
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 Bergen County,
or in such other court or tribunal of competent jurisdiction, by either
summary disposition or by zoning or construction code municipal proceeding.
All other ordinances or parts of ordinances of the Borough which
are inconsistent with this chapter are hereby repealed, but only to
the extent of such inconsistencies.
If any portion of this chapter is adjudged unconstitutional
or invalid by a court of competent jurisdiction, such judgment shall
not affect or invalidate the remainder of this chapter but shall be
confined in its effect to the provision directly involved in the controversy
in which such judgment shall have been rendered.
This chapter shall take effect upon passage and publication
as provided by law.
