A.
Grounds. In addition to any other penalty prescribed herein, every
owner is subject to revocation or suspension of any registration and/or
license issued hereunder upon the happening of one or more of the
following:
(1)
Conviction of a violation of this chapter in the Municipal Court
or any other court of competent jurisdiction;
(2)
Determination of a violation of this chapter at a hearing held pursuant to Section 211-16B of this chapter;
(3)
Continuously renting a residential rental unit or units to a tenant
or tenants who are convicted of a violation of the Noise and Nuisance
Ordinances of the Township;
(4)
Continuously permitting any residential rental unit to be occupied
by more than the maximum number of occupants as defined in this chapter;
or
(5)
Maintaining any residential rental unit or units or the property
on which such unit(s) are located in a dangerous condition likely
to result in injury to person or property.
B.
Procedure; written complaint; notice; hearing.
(1)
A complaint seeking the revocation or suspension of any registration
or license maintained pursuant to this chapter may be filed by any
one or more of the following: Chief of Police, Construction Code Official,
Health Officer, the Zoning Enforcement Officer or any other persons
or officials authorized by law to file such complaints. All complaints
shall be in writing and filed with the Construction Official and shall
contain specific and sufficient facts and information to apprise the
owner and/or tenant of the charges. The individual(s) filing the complaint
may do so on the basis of information and belief and need not rely
on personal information.
(2)
Upon the filing of such written complaint, the Construction Official
shall immediately notify the Township Committee and a date for a hearing
shall be scheduled which shall not be sooner than ten (10) nor more
than thirty (30) days thereafter. The Construction Official shall
immediately provide a copy of the complaint and a notice as to the
date of the hearing to the owner, tenant and/or agent, if any, at
the address indicated on the registration form. Service upon the agent
shall be sufficient to constitute service on the owner.
(3)
The hearing required by this section shall be held before a Hearing
Officer appointed by the Township Committee. The Hearing Officer shall
transmit findings of fact and his/her determination thereon to the
Township Committee and the charged party within thirty (30) days of
the conclusion of the hearing with a recommendation of action to be
taken by the Township Committee. The recommendation may be for dismissal
of the charges, suspension of the registration, suspension of the
license for a period not to exceed one hundred eighty (180) days,
non-renewal of the registration or license for a period of up to one
(1) year, or permanent revocation of the registration and/or license.
The Township Committee shall take such action as it deems appropriate
upon the report of the Hearing Officer at the next regularly scheduled
public meeting of Mayor and Township Committee after receipt of such
report.
(4)
The hearing shall be recorded. All witnesses shall be sworn prior
to testifying. The strict rules of evidence shall not apply and the
evidential rules and burden of proof shall be that which generally
controls administrative hearings.
(5)
The Township Solicitor or his/her designee shall appear and prosecute
on behalf of the complaining party in all hearings conducted pursuant
to this section.
(6)
Any request for a copy of the hearing tape or for a stenographic
transcript shall be at the cost of the requesting party.
C.
Defense: It shall be a defense to any proceeding upon a complaint
or for the revocation, suspension or other disciplinary action involving
a registration or license issued pursuant to this chapter that the
owner has taken appropriate action and has made a good faith effort
to abate the conditions or circumstances giving rise to the complaint
proceeding including, but not limited to, the institution of legal
action against the tenant(s), occupant(s) or guest(s) for recovery
of the premises; eviction of the tenant(s) or otherwise; provided,
however, that the owner has provided evidence of same to the satisfaction
of the Hearing Officer.
[Amended 2-14-2023 by Ord. No. O-2023-001]
Except for a violation of § 211-7.1, notwithstanding any other remedies established herein, and in addition thereto, any person who violates any provision of this chapter shall, upon conviction in the Winslow Township Municipal Court or such other court having jurisdiction, be liable for a fine not to exceed one thousand dollars ($1,000), or imprisonment for a term not exceeding thirty (30) days, or both. Each day that a violation occurs shall be deemed a separate and distinct violation subject to the provisions of this section.
