[Ord. No. 16-2018 § 1]
As used in this Chapter:
Shall mean a marketplace in whatever form or format which
facilitates the Vacation Rental, through advertising, match-making
or any other means, using any medium of facilitation, and from which
the operator of the hosting platform derives revenues, including booking
fees or advertising revenues, from providing or maintaining the marketplace.
Shall mean a person who occupies a dwelling unit or accessory
building or structure, for at least 60 consecutive days with intent
to establish that unit as his or her primary resident and may be an
owner or a lessee.
Shall mean rental of: (i) any dwelling unit, accessory building
or structure, garage, attic, or basement, in whole or in part; or
(ii) any furniture within any dwelling unit, accessory building or
structure, garage, attic, or basement, within the Town of Guttenberg,
to any person(s) for exclusive transient use of 30 consecutive days
or less, regardless of whether one of the dwelling unit's Permanent
Residents is on-site, in the dwelling unit, throughout the visitors'
stay, and whereby the unit is only approved for permanent residential
occupancy and not approved for transient occupancy by this Chapter.
Rental of units within Town approved hotels, motels and bed and breakfasts
shall not be considered Vacation Rental.
[Ord. No. 16-2018 § 2;
amended 4-24-2023 by Ord. No. 10-2023]
No person, including any Hosting Platform operator, shall undertake,
maintain, authorize, aid, facilitate or advertise any Vacation Rental
activity in any structure other owner occupied premises with not more
than two rental units, where an owner such premises is a permanent
resident for purposes of this Chapter, unless an owner of such premises
has either: (1) received at least two violations under the terms of
this Chapter; or (2) a municipal code, Uniform Construction Code,
or Rent Control Ordinance violation in the two years preceding a Vacation
Rental. For purposes of this section "premises" shall not constitute
more than one building or structure on one tax lot.
[Ord. No. 16-2018 § 3;
amended 4-24-2023 by Ord. No. 10-2023]
a.
The Mayor and Council of the Town of Guttenberg may promulgate regulations,
which may include but are not limited to permit conditions, reporting
requirements, inspection frequencies, enforcement procedures, advertising
restrictions, disclosure requirements, or insurance requirements,
to implement the provisions of this Chapter. No person shall fail
to comply with any such regulation.
b.
The Mayor and Council of the Town of Guttenberg may establish and
set all fees and charges as may be necessary to effectuate the purpose
of this Chapter.
c.
Any person seeking to let a unit, or portion thereof for a Vacation
Rental must first obtain a Short Term Rental Housing License from
the town Building Department. The fee for such application shall be
$50.
d.
Short-term rental hosts must carry an insurance policy which includes
a minimum liability coverage amount of $250,000 to protect against
third-party claims for property damage or bodily injury in connection
with the operation of a short-term rental unit. Property insurance
by hosting platforms utilized by the short-term rental host may be
utilized to satisfy this requirement provided that the policy is for
at least $250,000 of liability insurance from property damage or bodily
injury.
e.
There shall be a 6% tax imposed on all charges for the use, rental
or occupation of a room, rooms in a hotel or transient accommodation
as authorized by the "Hotel Occupancy Tax", N.J.S.A. 40:48E-1 et seq.
f.
The 6% Hotel Occupancy Tax imposed by this Chapter shall be in addition
to any other taxes or fees imposed pursuant to any federal law, state
statute, or local ordinance including but not limited to: any and
all real estate (ad valorem) taxes, service charges, sales taxes,
and any additional taxes established as set forth within the any Chapter
of the Code of the Town of Guttenberg.
g.
All revenue collected under the Hotel Occupancy Tax Act shall be
paid to the Chief Financial Officer of the Town of Guttenberg who
shall be responsible for the collection of the tax, in quarterly installments,
on or before those dates when real property tax payments are due to
the municipality under state law. In addition to the payment of such
taxes, the hotel, transient accommodation, and/or short-term rental
must also provide the relevant sales tax reports used to calculate,
verify, and support the revenues submitted. The Chief Financial Officer
of the Town of Guttenberg shall have the authority to require and
receive any additional documents in order to verify such submission
of tax. The hotel, transient accommodation, and/or short-term rental
will not receive any credit or refund against any other taxes due.
It is the express intention of the Town of Guttenberg to collect in
full both real estate taxes, service charges, and hotel and motel
tax.
[Ord. No. 16-2018 § 4]
a.
Violation of any provision of this Chapter shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official, or Health Officer.
b.
Violations of the provisions of this Chapter shall be punishable
for the first offense of a minimum fine of $500. Every subsequent
offense shall be punishable by a minimum fine of $1,000 payable through
the Municipal Court Violations Bureau.
c.
Any person convicted of violating any provision of this Chapter in
a criminal case or found to be in violation of this Chapter in a civil
case brought by a law enforcement agency shall be ordered to reimburse
the Town and other participating law enforcement agencies their full
investigative costs and remit all illegally obtained rental revenue
to the Town so that it may be returned to the victims of illegal short
term rental activities.
d.
Any interested person may seek an injunction or other relief to prevent
or remedy violations of this Chapter. The prevailing party in such
an action shall be entitled to recover reasonable costs and attorney's
fees.
e.
The remedies provided in this section are not exclusive, and nothing
in this section shall preclude the use or application of any other
remedies, penalties or procedures established by law.
