[Adopted 10-16-2017 by Ord. No.
1546-2017]
The Mayor and Council hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this article as their findings of fact.[1]
[1]
Editor's Note: The "Whereas" clauses are included in
Ord. No. 1546-2017, 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, subessor, any other
person(s) or entity(ies) with possessory or use right(s) in a dwelling
unit, their principals, partners 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 30 days or
less.
B.
Nothing in this article 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 article, 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 article, 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 article.
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 for 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 exhibit 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) or 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 thereof.
The use of a dwelling unit by an occupant(s).
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 article.
A.
The provisions of this article shall be enforced by the Building
Code Official, Fire Official, Health Department, or 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 article to appear in court or file civil complaints.
B.
A violation of this article is 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 article,
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 article.
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 attorneys'
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.
If any section, provisions, or clause of this article or the
application thereof to any person or circumstance is judicially held
invalid, a reviewing court may "blue pencil" the article to correct
such invalidity and carry out the intent of this article. Such invalidity
shall not affect any remaining portions or application of this article
which can be given effect without the invalid portion or application.
This article shall supersede and replace any other provisions
of the Code of the Borough of Edgewater, now or later enacted, which
have or may be construed to have differing or contrary terms or conditions
relating to the subject of this article. This article is not intended
to alter the current or later enacted amendments to the Borough's
Zoning Code.
