[Ord. No. 713-2014 §§ 2,
3; Ord. No. 766-2017]
a.
The Borough may, administratively, decline to issue or renew a Rental License in accordance with subsection 22-1.7 hereof. An owner shall be entitled to appeal any such decision by the filing of an appeal within the time permitted and in accordance with the procedures set forth in subparagraphs 22-1.7.2 and 22-1.7.3.
b.
The Borough may also revoke or suspend an issued and outstanding
Rental License, or place such license in a probationary status. This
action shall be in addition to any other penalty prescribed herein,
in accordance with the provisions of N.J.S.A. 40:52-2 and N.J.S.A.
40:48-2, upon the happening of one or more of the following:
1.
Conviction of the Owner(s), or any of them if there is more than
one, of a violation of this chapter in the municipal court or other
court of competent jurisdiction.
2.
Following a determination by the Borough after a hearing that a violation
of this chapter has occurred.
3.
If, in any twenty-four (24) month period, there shall be four (4)
or more complaints, 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, and such complaints have
been substantiated by prosecution and conviction in any court of competent
jurisdiction as a violation of any provision of Title 2C of the New
Jersey Statutes or any municipal ordinance governing disorderly conduct.
[Ord. No. 766-2017]
4.
A pattern of permitting the Rental Unit(s) to be occupied by more
than the maximum number of occupants as defined herein.
5.
Maintaining the Rental Unit or units or the property in which the
Rental Unit is a part in a dangerous condition likely to result in
injury to person or property.
6.
A false, misleading, or fraudulent statement made in connection with
the registration, licensing or inspection of a Rental Unit or units,
under this chapter.
7.
A pattern of conduct which results in creating, maintaining, permitting
or suffering the existence of any of the following conditions at or
about the Rental Unit:
(a)
A nuisance as that term is defined by N.J.S.A. 2C:33-12 provided,
however, that a conviction of such person or persons under that statute
shall not be required in order for the Borough to take action relating
to the Rental License under this section;
(b)
The failure to comply with any directive of the Borough concerning
the abatement of conduct prohibited by paragraph 7(a), above.
(c)
The failure to comply with Borough ordinances pertaining to
the proper accumulation and disposal of solid waste (trash) and recyclable
material or otherwise allowing such materials to accumulate in such
a way as to be unsanitary or unsightly.
8.
If the Licensee, who is an owner of the property affected by the
License or upon which the licensed business or activity is conducted,
has failed to pay the taxes water, sewer or other municipal charges
due on the property for at least three (3) consecutive quarters.
[Ord. No. 766-2017]
9.
Any other grounds that would be a basis for denial or non-renewal
of a Rental License rental license shall also constitute grounds for
the revocation or suspension of a Rental License or the placing of
such license in a probationary status.
It shall be a defense to any proceeding for the revocation or
suspension of a Rental License to demonstrate that the Owner has taken
appropriate action and has made a good faith effort to abate the conditions
or circumstances giving rise to the revocation or suspension proceeding
including but not limited to the institution of legal action against
the tenant(s), occupant(s) or guests for recovery of the premises;
eviction of the tenant(s) or otherwise. Evidence of such actions on
the part of the owner or managing agent, however, shall not preclude
the Borough from placing the Rental License in probationary status
as provided in this chapter, nor shall it preclude the Borough from
instituting action pursuant to Article 4 of this chapter.
[Ord. No. 713-2014 §§ 2,
3; Ord. No. 766-2017]
A written complaint seeking the revocation or suspension of
a Rental License shall be filed with the Borough Clerk by any person
mentioned as an Enforcement Official in Article One of this chapter.
The complaint shall be sufficiently specific to inform the Landlord/Owner
- Licensee of the charges pending and shall state the particulars
of any substantiated violations underlying the charges. The complaint
may be filed on the basis of information and belief and the complainant
need not rely on personal knowledge or information.
[Ord. No. 713-2014 §§ 2,
3; Ord. No. 766-2017]
Upon the filing of such written complaint, the Borough Clerk shall promptly follow the same procedure set forth in Article 4, subsection 22-4.4.2.
[Ord. No. 713-2014 §§ 2,
3]
The hearing required by this section shall be held before the
Borough Hearing Officer, unless such Hearing Officer shall recuse
him/herself, in which event the Borough Council shall appoint another
independent hearing officer to preside in the matter.
[Ord. No. 713-2014 §§ 2,
3]
The Hearing Officer shall transmit his findings of fact and
conclusions of law to the Borough Council within fifteen (15) days
of the conclusion of the hearing. Borough Council shall then review
the matter and may accept, reject, or modify the recommendations of
the Hearing Officer based on the documentary evidence and written
findings of fact and conclusion of law submitted by the Hearing Officer,
and render a decision dismissing the complaint, revoking or suspending
the Rental License, or determining that the Rental License shall not
be renewed or reissued for one (1) or more subsequent license years.
The Rental License may also be placed in probationary status as provided
herein.
[Ord. No. 713-2014 §§ 2,
3]
A verbatim record shall be made of the hearing. 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 the
same as those which generally govern and are applied in administrative
hearings. Any person shall be entitled to obtain a transcript of such
hearing at his sole cost and expense.
[Ord. No. 713-2014 §§ 2,
3]
The Municipal Prosecutor shall appear and prosecute on behalf
of the complainant in all hearings conducted pursuant to this section.
[Ord. No. 713-2014 §§ 2,
3]
In lieu of a revocation or suspension of a Rental License, the
Hearing Officer may recommend placing the Rental License in a probationary
status. The Hearing Officer may also recommend specific terms of probation
to be imposed, if any. Borough Council shall make the final determination
by resolution and may, in its discretion, accept, reject, or modify
the findings and recommendations of the Hearing Officer. Once imposed,
the probationary status shall remain in effect for the remainder of
that License term and may be made applicable to the succeeding renewal
term.
[Ord. No. 713-2014 §§ 2,
3]
The terms of the probationary status shall be specifically set
forth in a resolution of Borough Council, a copy of which shall be
served upon the Owner, Managing Agent, and Rental Agent. Such notice
shall be served personally or by certified mail, return receipt requested,
or both. If service is made by certified mail, return receipt requested,
it shall also be sent simultaneously by first class mail. Mail to
the Owner and Managing Agent shall be at the address indicated on
the Rental License Application. Copies shall also be sent to the names
and addresses appearing on the Borough's tax records if different
from the names and addresses appearing on the Rental License Application.
Copies shall also be provided to the Chief of Police, Code Enforcement
Officer, Fire Official and Construction Code Official.
[Ord. No. 713-2014 §§ 2,
3]
The Borough Council may on its own initiative or at the request
of an Owner, Managing Agent, Tenant or Occupant of the Rental Unit
modify the terms of such probationary status at any time during the
probationary term. If modified, it shall be by resolution, copies
of which shall be served upon such persons and in such manner as specified
in the preceding subsection.
[Ord. No. 713-2014 §§ 2,
3]
The violation of any term or condition of the probation by the Owner, Managing Agent, Tenant or Occupant, shall be cause for the immediate suspension or revocation of the Rental License. Prior to suspension or revocation, the Licensee shall be entitled to a hearing conducted in accordance with the provisions of subsection 22-3.2.
[Ord. No. 713-2014 §§ 2,
3]
An owner of a Rental Unit shall forthwith notify the Chief of
Police and the Borough Licensing Clerk of any change in Tenants during
the period of probation. New Tenants shall be notified in accordance
with subparagraph 22-3.3.2. above.
[Ord. No. 713-2014 §§ 2,
3]
Any Rental License which is in probationary status may be renewed
for the succeeding license term conditioned upon compliance by the
Owner, Managing Agent, Tenant and Occupants with the terms and conditions
of probation.
[Ord. No. 713-2014 §§ 2,
3]
The failure to comply with the terms and conditions of probation by the Owner, Managing Agent, Tenant or Occupants shall be cause for the immediate suspension, revocation, or non-renewal of the Rental License. Prior to suspension, revocation, or non-renewal, the Licensee shall be entitled to a hearing conducted in accordance with the provisions of subsection 22-3.2.
[Ord. No. 713-2014 §§ 2,
3]
A Rental License shall be deemed severable with respect to the
revocation, suspension or disciplinary actions instituted pursuant
to this chapter. Accordingly, the revocation or suspension or other
disciplinary action involving a Rental License may be limited to one
or more Rental Units or may apply to all Rental Units in a Property.
If limited to less than all of the Rental Units, such License shall
remain in full force and effect as to any and all Rental Units not
involved in the revocation, suspension or disciplinary proceedings.
[Ord. No. 713-2014 §§ 2,
3]
Any complaint seeking the suspension or revocation of a Rental
License shall be filed by the Borough and served upon the Owner or
Managing Agent by October 30th in order to have any effect on the
current license year and the rental season immediately following.
If such a complaint is filed after said date and if the charges are
sustained, the revocation or suspension of the Rental License shall
not impact upon the rental season immediately following but shall
affect the next ensuing rental season.
(By way of illustration, a complaint filed and served on or
before October 30, 1997, if sustained, may affect the rental season
occurring May I, 1998 through October I, 1998. Should such complaint
be filed and served after October 30, 1997, such complaint, if sustained
by the evidence, will not affect the 1998 rental season but will be
applicable to the next ensuing rental season, that is May I, 1999
through October I, 1999.)
[Ord. No. 713-2014 §§ 2,
3]
Any person, firm, association or corporation violating any of
the provisions of this chapter shall, upon conviction, be subject
to the penalty provisions set forth in subparagraph 22-1.21.1 and
subsection 22-2.7, including those additional enhanced penalties for
repeat violations as specified in said subsections and subparagraphs.
[Ord. No. 713-2014 §§ 2,
3]
The foregoing penalties shall be in addition to any other penalty
provided in this chapter and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35. Specifically, the penal penalties shall
be in addition to the administrative penalties set forth in this article
and shall not be in place thereof.
