A marketplace, in whatever form or format, which facilitates
the vacation rental, through advertising, matchmaking or any other
means, using any medium of facilitation and from which the operator
of the hosting platform derives revenues, including booking fees or
advertising revenues, from providing or maintaining the marketplace.
Rental of any dwelling unit, in whole or in part, within
the Township of Washington, to any persons for exclusive or partial
transient use of 30 consecutive days or less, whereby the dwelling
is only approved for permanent residential occupancy and not approved
for transient occupancy by this chapter.
No person, including any hosting platform operator, shall undertake,
maintain, authorize, aid, facilitate or advertise any vacation rental
activity that does not comply with this article.
No person shall charge, demand, receive or accept any rent or other
payment for the use or occupancy of any residential premises within
the Township of Washington which is used or occupied in violation
of this article. Each such charge, demand, receipt or acceptance of
such rent or other payment in violation hereof shall constitute a
separate offense.
No person, specifically including, but not limited to, those persons
commonly known as "real estate agents," "brokers" or "salespersons,"
shall assist, aid or facilitate in the rental, sale, use or occupancy
of any residential premises within the Township of Washington which
is used or occupied or intended to be used or occupied in violation
of this article. For purposes of this article, the acts of listing
for rental or sale, advertising or otherwise offering for rent, lease
or sale any residential premises within the Township of Washington
which are used or occupied or intended to be used or occupied in violation
of this article shall be deemed to constitute a violation of this
article.
The Township Council of the Township of Washington 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 article. No person shall fail
to comply with any such regulation.
The Township Council of the Township of Washington may establish
and set by resolution all fees and charges as may be necessary to
effectuate the purpose of this article.
Violation of any provision of this article shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official, or Health Officer.
Violation of the provisions of this article shall be punishable by
a minimum fine of $250 and a maximum of $1,000 per day of the violation
for first-time offenders. Second and subsequent offenders violating
the provisions of this article shall be punishable by a minimum fine
of $750 and a maximum of $1,000 per day of the violation.
Any person convicted of violating any provision of this article in
a criminal case or found to be in violation of this article in a civil
case brought by a law enforcement agency shall be ordered by the court
before which such case is pending to reimburse the Township and other
participating law enforcement agencies their full investigative costs,
and to remit by way of restitution all illegally obtained rental revenue
to the victims of illegal short-term rental activities, the amounts
of such payments and the manner of distribution thereof to be prescribed
and implemented by such court.
Any interested person may seek an injunction or other relief to prevent
or remedy violations of this article. The prevailing party in such
an action shall be entitled to recover reasonable costs and attorneys'
fees.
The remedies provided in this section are not exclusive, and nothing
in this section shall preclude the use or application of any other
remedies, penalties or procedures established by law.