[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.