As used in this article, the following terms shall have the
meanings indicated:
ILLEGAL DWELLING UNIT
A.
"Dwelling unit" shall mean one or more rooms occupied or intended
for occupancy as a separate living quarters by one or more families,
not common to the main residence and/or has only access from directly
outside and/or has locked doors separating units. Dwelling unit is
a separate area providing cooking, sleeping and sanitary facilities.
B.
An additional dwelling unit, within a single family, for which
a certificate of occupancy has not been issued after Harrington Park
Zoning Code was adopted.
C.
Any additional dwelling units that legal documentation cannot
be shown built as "preexisting nonconforming" or a Board "Use Variance"
per Harrington Park Zoning Ordinance.
D.
A dwelling unit which is created without the necessary New Jersey
Uniform Construction Code permits.
E.
Landlord shall be deemed to be owner in fee, irrespective of
residency within building, or any entity that owns or possesses property
due foreclosure.
F.
Any other dwelling or rental unit which is in violation of any
state, county or municipal statute, regulation and/or ordinance.
The Mayor and Council hereby find and declare that there has
been a proliferation of what are commonly known as "illegal apartments,"
meaning residential dwelling units which are occupied in violation
of zoning laws. These illegal apartments manifest themselves as a
second residential unit in a building in a one-family zone. The Mayor
and Council hereby further find and declare that such illegal units
have a deleterious effect on the quality of life of Borough residents,
require the provision of Borough services, generate young people who
attend Borough schools, increase the utilization of Borough programs
and services, contribute to the costs of the Borough by increasing
the generation of refuse (garbage) and sewer flow, contribute to overcrowding,
generate traffic within the Borough, generate automobiles which contribute
to parking shortages throughout the Borough and lead to the maintenance
of dwelling units which often fail to meet health, safety and building
code standards. By their nature, such units generally escape taxation
as their maintenance and existence is normally hidden and not used
for tax assessment purposes. The use and maintenance of said illegal
apartments is also unfair to the vast majority of Borough residents
who abide by zoning laws.
The Borough determines that the harm and detriment to the Borough
caused by illegal occupancies to be an unfair and inequitable situation.
Difficult to measure, the Borough hereby determines that the most
reasonable way to calculate same is as a percentage of the rental
payment charged by the owner to the occupant on account of the illegal
occupancy. The Borough determines a percentage of 10% of the rent
to be fair and reasonable as a measure of the damage and detriment
caused to the Borough, and the Mayor and Council may authorize the
Borough Attorney to recover from any person who charges, demands,
receives or accepts rent or payment for such an illegal occupancy
to make restitution to the Borough for the damage and detriment caused
to the Borough during a period of illegal occupancy.