[HISTORY: Adopted by the Borough of Rutherford Council 9-11-2018 by Ord. No. 3473-18.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 80, but was
renumbered to maintain the alphabetical organization of the Code 9-9-2019
by Ord. No. 3511-19.
The Mayor and Council of the Borough of Rutherford, County of
Bergen, State of New Jersey, hereby finds and adopts, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this ordinance[1] as its findings of fact. This chapter shall become effective
January 1, 2019, after being published in accordance with law.
[1]
Editor's Note: Refers to Ord. No. 3473-18. A complete copy
of the ordinance, including the "whereas" clauses, is on file in the
Borough offices.
A.
Notwithstanding anything to the contrary in the Borough Code, it
shall be unlawful for an owner, lessor, sublessor, any other person(s)
or entity(ies) with possessory or use rights in a dwelling unit, their
principals, partners or shareholders, or their agents, employees,
representatives and other persons or entities, 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 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 potions 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 guests,
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), 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(s).
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by a 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 and/or other Subcode or Code Official, as their jurisdiction
may arise, including other persons designated by the Mayor and Council,
and in conjunction with the Rutherford Police Department when necessary,
to issue municipal civil infractions directing alleged violators of
this chapter to appear in court or to file civil complaints.
B.
A violation of this chapter 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 chapter,
without regard to intent or knowledge, shall be liable for a minimum
civil penalty, upon adjudicated violation or admission, of $750, and
up to the maximum civil penalty of $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.
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 supersede and replace any other provisions
of the Code of the Borough of Rutherford, currently existing or later
enacted, which have or may be construed to have differing or contrary
terms or conditions relating to the subject of this chapter. This
chapter is not intended to alter the currently existing or later enacted
amendments to the Borough's Zoning Code[1] and is solely intended to address those situations set forth within § 96A-2.
