[Adopted 7-18-2018 by Ord. No. 2018-16]
For the purpose of this article, the following meanings shall
apply:
A person designated by the Borough Council to hear and determine
proceedings under this article. The hearing officer shall be a licensed
attorney in the State of New Jersey. The hearing officer may not own
or lease any real property within the Borough, nor hold any interest
in the assets of or profits arising from the ownership or lease of
such property.
The person or persons who own or purport to own any 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.
An act of disorderly, indecent, tumultuous or riotous conduct,
including by way of example but not limited to, simple assault, terroristic
threats, harassment, urinating in public, lewdness, criminal mischief,
or excessive noise, upon or in proximity to any seasonal rental premises,
and attributable to the acts or incitements of any of the tenants
of those premises which have been substantiated by prosecution and
conviction in any court of competent jurisdiction.
A.
If, in any twenty-four-month period, two substantiated convictions
on separate occasions of conduct upon or in proximity to any rental
premises, and attributable to the acts or incitements of any of the
tenants of those premises have been substantiated by prosecution and
conviction in any court of competent jurisdiction as a violation of
any provision of Title 2C or any municipal ordinance governing disorderly
conduct, the municipal governing body or its designee may institute
proceedings to require the landlord of those premises to post a bond
against the consequence of future incidents of the same character.
B.
Notice of conduct and hearing.
(1)
In the event that a tenant is convicted of a violation of any provision
of Title 2C or any municipal ordinance governing disorderly conduct,
the governing body or its designee shall cause a notice to be served
on the landlord in person or by registered mail at the address appearing
on the tax records of the Borough, advising that the specified conduct
has occurred.
(2)
The governing body or its designee shall cause to be served upon
the landlord, in person or by registered mail to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
convictions upon which those proceedings are based, and of the time
and place at which a hearing will be held in the matter, which shall
be 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.
C.
Hearing.
(1)
At the hearing pursuant to Subsection B of this section, the hearing officer shall give a 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.
(2)
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.
(3)
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 article.
D.
Any bond required to be posted shall be in accordance with the judgment
of the hearing officer, in light of the nature and extent of the offenses
indicated in the substantiated convictions upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
(1)
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair use
and quiet possession of their premises;
(2)
Securing the payment of fines and penalties likely to be levied for
such offenses; and
(3)
Compensating the Borough for the costs of repressing and prosecuting
such incidents of disorderly behavior; but no such bond shall be in
an amount less than $500 or more than $5,000.
E.
The Borough 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 that bond or equivalent security, in satisfactory form
and amount, has been deposited with the municipality.
F.
A bond or other security deposited in compliance with Subsection D of this section shall remain in force for four years. Upon the lapse of the specified period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 179-3, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.
A.
If, during the period for which a landlord is required to give security,
a substantiated conviction is recorded against the property in question,
the governing body or its designee may institute proceedings against
the landlord for the forfeiture or partial forfeiture of the security,
for an extension of the time period required for the posting of the
security, or for an increase in the amount of security required.
B.
Any forfeiture or partial forfeiture shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purpose set forth in § 179-2D.
C.
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 as set forth in § 179-2C and shall be taken only to the extent that the nature of the substantiated conviction or convictions out of which the proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this act effectually.
