Procedures to require an owner of rental property which has
become the source of at least two substantiated complaints to post
a bond or equivalent security to compensate for any future damage
or expense suffered from future repetition of disorderly, indecent,
tumultuous or riotous conduct.
[Ord. No. 1993-50; Ord. No. 1998-16 § 1]
The Borough Council finds, determines and declares that:
a.
Belmar is a resort community and its citizens have experienced disturbances,
damage and public expense resulting from carelessly granted and inadequately
supervised seasonal rentals to irresponsible vacationers by inept
or indifferent landlords.
b.
This section is enacted to preserve the peace and tranquility of
the community for its permanent residents, and to maintain the municipality
as a viable vacation resort for all persons and families availing
themselves of the facilities in the community.
c.
The enactment of this section is necessary and desirable to provide
a means to curb and discourage those occasional excesses arising from
irresponsible seasonal rentals.
d.
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12(n)
et seq. to enable certain communities to take effective action to
assure that excesses, when they occur, shall not be repeated, and
that landlords offering seasonal rentals be held to sufficient standards
of responsibility.
[Ord. No. 1993-50 § 2; Ord. No. 1998-16 § 1]
For the purpose of this section, the following meanings shall
apply:
Shall mean a licensed attorney of the State of New Jersey
appointed by the Mayor, subject to the advice and consent of the Borough
Council. The hearing officer shall not own or lease any real property
within the Borough of Belmar, nor hold any interest in the assets
of or profits arising from the ownership of such property.
Shall mean the person or persons who own or purport to own
any building in which there is rented or offered for rent housing
space for living or dwelling under either a written or oral lease,
including but not limited to any building subject to the "Hotel and
Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.),
and owner-occupied two-unit premises.
Shall mean any rental of residential accommodations for a
term of less than one year and including any part of the period extending
from May 15 to September 15.
Shall mean an act of disorderly, indecent, tumultuous or
riotous conduct, including, by way of example but not limited to,
simple assault, terroristic threats, harassment, urinating in public,
lewdness, criminal mischief, excessive noise, petty disorderly offense,
or as a violation of any provision of Title 2C of the New Jersey Statutes
or any other municipal ordinance governing disorderly conduct upon
or in proximity to any seasonal rental premises, and attributed to
the acts or incitements of any of the tenants of those premises which
have been substantiated by prosecution and conviction and/or guilty
plea in any court of competent jurisdiction. For purposes of this
definition, the phrase “upon or in proximity to” shall
mean anywhere on the property or upon or within the adjacent right-of-way,
adjoining roadways, or adjoining properties.
[Amended 10-20-2020 by Ord. No. 2020-36]
[Ord. No. 1993-50 § 3; Ord. No. 1998-16 § 1; Ord. No. 2001-16; Ord.
No. 2003-19; Ord. 2003-26]
a.
If, in any twenty-four-month period, two complaints, as defined in
Subsection 2-11.2 hereof, on separate occasions, of disorderly, indecent,
tumultuous or riotous conduct, including, by way of example, but not
limited to, simple assault, assault, terroristic threats, harassment,
lewdness, urinating in public, criminal mischief, excessive noise,
a petty disorderly offense, or as a violation of any provision of
Title 2C of the New Jersey Statutes or any other municipal ordinance
governing disorderly conduct upon or in proximity to any seasonal
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, the Borough
Council or any officer or employee of the Borough so designated by
the Borough Council for this purpose, may institute proceedings to
require the landlord of the seasonal rental premises to post a bond
against the consequences of future incidents of the same character,
or of a character actionable under this chapter. For purposes of this
definition, the phrase “upon or in proximity to” shall
mean anywhere on the property or upon or within the adjacent right-of-way,
adjoining roadways, or adjoining properties.
[Amended 10-20-2020 by Ord. No. 2020-36]
b.
The Borough Council or any officer or employee of the municipality
designated by the Borough Council shall cause to be served upon the
landlord, in person or by registered mail, to the address appearing
on the tax records of the municipality, notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaint upon which those proceedings are based, and of the time
and place at which the hearing will be held in the matter, which shall
be in the Municipal Building, Municipal Court or such other public
place as designated by the Borough Council, and which shall be no
sooner than 30 days from the date upon which the notice is served
or mailed.
c.
At the hearing convened pursuant to Subsection b above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this ordinance.
d.
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 consequent
upon disruption of affected residents' rights of fair use and quiet
enjoyment of their premises; and
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; provided, however, no such
bond shall be in an amount less than $500 nor more than $5,000. The
municipality may enforce a bond thus requiring an 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.
Any bond or other security deposited in compliance with Subsection d3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 26-11.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by Subsection d above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Borough Council may by Resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Ord. No. 1993-50 § 4; Ord. No. 1998-16 § 1]
a.
If during the period for which a landlord is required to give security pursuant to Subsection 26-11.3 above, a substantiated complaint is recorded against the property in question, the Borough Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in Subsection 26-11.3e above, of the period for which the security is required, or for 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 26-11.3d above. 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 26-11.3d above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicated the appropriateness of such change in order to effectually carry out the purposes of this ordinance. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection 26-11.3d above.
[Ord. No. 1993-50 § 5; Ord. No. 1998-16 § 1]
The hearing officer shall be a person or persons appointed by
the Mayor, subject to the advice and consent of the Borough Council.
A hearing officer shall not own or lease any real property within
the Borough of Belmar, nor hold any interest in the assets of or profits
arising from the ownership or lease of such property.
[Ord. No. 2005-04]
If a landlord has been required to post an Animal House Bond during an existing tenancy, the property owner shall obtain the notice required under Subsection 26-3.5b5(e) and shall arrange access to the rental unit(s) on the property for the Borough to post the amended Summer Rental License per Subsection 26-7.5.
[Added 10-20-2020 by Ord. No. 2020-36]
a.
Causes. Any license granted or issued pursuant to §26-3 et seq. may be suspended or revoked as provided herein after notice and hearing for any of the following causes:
1.
In the
event any tenant or occupant of any individual living unit upon the
licensed premises is charged with a violation of a Borough ordinance,
notice of the pending charge will be given by mail to the licensee
and the person designated to receive notices on the behalf of the
licensee. In the event two such complaints are issued during one licensing
year and result in convictions and/or guilty pleas in Municipal Court,
then such convictions and/or guilty pleas may be grounds for suspension
or revocation of the license. In the event the owner of the licensed
premises is the complaining party and said complaint results in a
conviction in municipal court, such conviction shall not be counted
as a complaint for purposes of license suspension or revocation.
[Added 8-6-2019 by Ord. No. 2019-28]
A state-chartered bank, savings bank, savings and loan association
or credit union, any person or entity required to be licensed under
the provisions of the New Jersey Residential Mortgage Act, P.L. 2009,
c. 53 (N.J.A.C. 17:11C-51 et seq.) any foreclosing entity subject
to the provisions of N.J.A.C. 45:10B-51 (P.L. 2008, c. 127, Sec. 17
as amended from time to time) and any entity acting on behalf of the
creditor named in the debt obligation including, but not limited to,
servicers.
Means, consistent with Section 1 of P.L. 2010, c. 70 (N.J.A.C.
2A:50-73), residential real estate, where a notice of violation has
been issued pursuant to paragraph e1 of this section and Subsection
b of Section 1 of P.L. 2014, c. 35 (N.J.A.C. 40:48-2.12s). Residential
property shall further be deemed vacant and abandoned where a mortgaged
property is not occupied by a mortgagor or tenant and at least two
of the following conditions exist:
Overgrown or neglected vegetation.
The accumulation of newspapers, circulars, flyers or mail on
the property.
Disconnected gas, electric, or water utility services to the
property.
Accumulation of hazardous, noxious, or unhealth substances or
materials on the property.
The accumulation of junk, litter, trash or debris on the property.
The absence of window treatments such as blinds, curtains, or
shutters.
The absence of furnishings and personal items.
Statements of neighbors, association management, delivery persons,
or government employees indicating that the residence is vacant and
abandoned.
Windows or entrances to the property that are boarded up or
closed off or multiple window panes that are damaged, broken and unrepaired.
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked.
A risk to the health, safety or welfare of the public, or any
adjoining or adjacent property owners, exists due to acts of vandalism,
loitering, criminal conduct, or the physical destruction or deterioration
of the property.
An uncorrected violation of a municipal building, housing or
similar code during the preceding year, or an order by the municipal
authorities declaring the property to be unfit for occupancy and to
remain vacant and unoccupied.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property.
Any other reasonable indicia of abandonment.
[Amended 9-6-2022 by Ord. No. 2022-16]
a.
A creditor filing a summons and complaint in an action to foreclose on a vacant and abandoned property, or a creditor who has previously filed a summons and complaint to foreclose on a residential property which subsequently becomes vacant and abandoned, shall within 30 calendar days after the building becomes vacant and abandoned or within 30 calendar days after assuming ownership of the vacant and abandoned property, whichever is later, or within 10 calendar days of receipt of notice from the Borough, and annually thereafter, file a registration statement for such vacant and abandoned property with the Municipal Clerk on forms provided by the Borough for such purposes. Any failure to receive notice from the Borough shall not constitute grounds for failing to register the vacant and abandoned property. In addition to the requirements contained herein, this registration shall be performed in accordance with the notice requirements of Section 26-12.4 et seq.
b.
Each vacant and abandoned property having a separate block and lot
number as designated in the official tax maps of the Borough shall
be registered separately.
c.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of a person 21
years or older, designated by the creditor as the authorized agent
for receiving notices of code violations and for receiving process
in any court proceedings or administrative enforcement proceeding
on behalf of such creditor in connection with the enforcement of any
applicable code.
d.
The registration statement shall include the name, street address,
telephone number, and email address (if applicable) of the firm and
the actual name(s) of the firm's individual principal(s) responsible
for maintaining the Abandoned and Vacant property. The individual
or representative of the firm responsible for maintaining the Abandoned
and Vacant property shall be available by telephone or in person on
a twenty-four-hour-per-day, seven-day-per-week basis. The two entities
may be the same or different persons. Both entities shown on the statement
must maintain offices in the State of New Jersey or reside within
the State of New Jersey.
e.
The registration shall remain valid for one year from the date of registration except for the initial registration which shall be valid through December 31 of the year in which it was filed. The creditor shall be required to renew the registration annually as long as the building remains vacant and abandoned and shall pay a registration or renewal fee in the amount prescribed in § 26-12.3 for each vacant and abandoned property registered.
f.
The annual renewal shall be completed by January 1 of each year.
The initial registration fee shall be prorated for registration statements
received less than 10 months prior to that date.
g.
The creditor shall notify the Municipal clerk within 30 calendar
days of any change in the registration information by filing an amended
registration statement on a form provided by the Municipal Clerk for
such purpose.
h.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the creditor.
[Amended 9-6-2022 by Ord. No. 2022-16]
The initial registration fee for each vacant and abandoned property
under the provisions of this section shall be $500. The fee for the
first annual renewal shall be $1,500 and the fee for the second or
subsequent annual renewal shall be $2,000.
a.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be immediately
responsible for the care, maintenance, security and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this section.
b.
Where a creditor is located out of state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of Subsection a of this section. Notice of said representative or agent shall be provided to the Municipal Clerk pursuant to § 12-2c and d of this section and pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.A.C. 46:10B-51).
[Amended 9-6-2022 by Ord. No. 2022-16]
a.
The enforcement officers designated in this section shall be authorized
to issue a notice to a creditor that has filed a summons and complaint
in an action to foreclose on a residential property within the Borough,
if the enforcement officer determines that the creditor has violated
this section by failing to provide for the care, maintenance, security
and upkeep of the exterior of a vacant and abandoned property.
b.
The notice referenced in Subsection a of this section shall require the creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
c.
The creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to N.J.S.A 46:10B-51 or N.J.S.A. 40:45-2.12(s)(2), register the residential
or commercial property with the Borough’s property registration
program as a property in foreclosure and, as part of that registration:
1.
Provide
the municipality with the information regarding the creditor required
by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12(s)(s);
2.
Identify
the date the summons and complaint in an action to foreclose on a
mortgage was filed against the subject property, the court in which
it was filed, and the docket number of the filing; and
The duty of administering and enforcing the provisions of this
section is conferred upon the Municipal Clerk, Construction Official,
Zoning Officer, Housing Officer, Health Officer, Borough Police, and
any other duly appointed representatives.
[Amended 9-6-2022 by Ord. No. 2022-16]
a.
A creditor subject to this section that is found by the Municipal
Court of the Borough, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation. Any fines imposed pursuant to this subsection shall
commence 31 days following the receipt of the notice, except if the
violation presents an imminent risk to public health and safety, in
which case any fines shall commence 11 days following receipt of the
notice.
b.
An out-of-state creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.A.C. 46:10B-51) for providing notice to the Municipal Clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c.
A creditor subject to this section that is found by the Municipal Court of the Borough, or by any other court of competent jurisdiction, to be in violation of the requirement to register a vacant and abandoned property pursuant to § 26-12.2 of this section shall be subject to a fine of $1,500 for each day of violation. Any fines imposed on a creditor under this subsection shall commence 31 days following receipt of notice from the Borough pursuant to § 26-12.2 of this section, with the exception if the violation presents an imminent risk of public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
d.
No less than 20% of any money collected by the Borough pursuant to
this section shall be utilized by the Borough for municipal code enforcement
purposes.
