[Ord. No. 2015-02 § 1]
The purpose of this chapter is to enable the Borough of Island
Heights to take effective action to assure that excesses arising from
irresponsible rentals, when they occur, shall not be repeated, and
that landlords be held to sufficient standards of responsibility in
order to preserve the peace and tranquility of the Borough for its
permanent residents.
[Ord. No. 2015-02 § 2]
As used in this chapter, the following terms shall have the
meanings indicated:
shall mean a licensed attorney of the State of New Jersey
appointed by the Governing Body, who shall not be an owner or lessee
of any real property within the Borough of Island Heights, nor hold
any interest in the assets of or profits arising from the ownership
or lease of such property.
shall mean the person or persons who own or purport to own
a building in which there is rented or offered for rent housing space
for living or dwelling under either a written or oral lease which
building contains no more than four dwelling units.
shall mean a complaint for a violation of any provision of
Title 2C of the New Jersey Statutes or any municipal ordinance governing
disorderly conduct, upon or in proximity to any rental premises, and
attributable to the acts or incitements of any of the tenants of those
premises which has been substantiated by prosecution and conviction
in any court of competent jurisdiction.
[Ord. No. 2015-02 § 3]
If in any twenty-four-month period a specified number, which
shall not be less than two 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, 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,
the municipal Governing Body or any officer or employee of the municipality
designated by the Governing Body for the purpose may institute proceedings
to require the landlord of those premises to post a bond against the
consequences of future incidents of the same character.
[Ord. No. 2015-02 § 4]
a.
The Governing Body, or officer or employee designated pursuant to subsection 33-1.3 shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the Borough, notice advising of the institution of such proceedings, together with particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the municipal building, Municipal Court or other public place within the municipality, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
b.
In the event a tenant is convicted of any of the conduct described in subsection 33-1.3 the Governing Body, or officer or employee designated pursuant to subsection 33-1.3 shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Borough.
[Ord. No. 2015-02 § 5]
a.
At the hearing convened pursuant to this chapter, the Hearing Officer
shall give full hearing to both the complaint of the Borough and to
any evidence in contradiction or mitigation that the landlord, if
present or represented and offering such evidence, may present. The
Hearing Officer may consider, to the extent deemed relevant by the
Hearing Officer, prior complaints about the residents of the property,
even if those complaints did not result in a conviction. At the conclusion
of the hearing, the Hearing Officer shall determine whether the landlord
shall be required to post a bond in accordance with the terms of this
chapter.
b.
Any bond required to be posted shall be in accordance with the judgment
of the Hearing Officer, in light of the nature and extent of the offenses
indicated in the substantiated complaints upon which the proceedings
are based, to be adequate in the case of subsequent offenses to make
reparation for:
1.
Damages likely to be caused to public or private property and damages
consequent upon disruption of affected residents' rights of fair
use and quiet possession of their premises;
2.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
3.
Compensating the municipality for the costs of repressing and prosecuting
such incidents of disorderly behavior.
c.
No such bond shall be in an amount less than $500 or more than $5,000.
d.
The municipality may enforce the bond thus required by action in
the Superior Court, and shall be entitled to an injunction prohibiting
the landlord from making or renewing any lease of the affected premises
for residential purposes until that bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
e.
A bond or other security deposited in compliance with this section shall remain in force for a period recommended by the Hearing Officer but not less than two nor more than four years. Upon the lapse of the specified period the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 33-1.6 in which case the security shall be renewed, in an amount and for a period that shall be specified by the Hearing Officer.
[Ord. No. 2015-02 § 6]
a.
If, during the period for which a landlord is required to give security pursuant to subsection 33-1.5, a substantiated complaint is recorded against the property in question, the Governing Body or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the period for which such security is required, or for an increase in the amount of security required, or for any or all of those purposes.
b.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 33-1.5. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 33-1.5 and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purposes of this chapter effectually. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided for in subsection 33-1.5.
