A.
Grounds. In addition to any other penalty prescribed herein, an owner may be subject to revocation or suspension of the permit or certificate of occupancy issued pursuant to § 237-8 upon the occurrence of one or more of the following, after a hearing before the Borough Commission or the Commission's designee, as set forth below:
(1)
Conviction of a violation of this article in the Municipal Court
or any other court of competent jurisdiction.
(3)
Continuously permitting the rental unit or short-term rental unit
to be occupied by more than the maximum number of occupants as defined
in this article.
(4)
Maintaining the rental unit(s) or short-term rental unit(s) or the
rental facility in a dangerous condition.
(5)
Continuous violations or conviction of a violation under the New
Jersey State Housing Code; the New Jersey Uniform Fire Safety Act;
the Uniform Construction Code; the BOCA Maintenance Code; and the
New Jersey Building Code.
(7)
Continuously renting the rental unit(s) or short-term rental units
to a tenant or tenants who are convicted of local ordinance violations,
disorderly persons offenses or other crimes.
(8)
Soliciting, advertising, offering and/or permitting, allowing, or
failing to discontinue the use or occupancy of any rental unit for
a period of 365 days or less or any short-term rental unit for a period
of more than 30 days annually or 14 days consecutively.
(9)
Soliciting, advertising, offering and/or permitting, allowing, or
failing to discontinue the use or occupancy of any rooming house and/or
boardinghouse.
(10)
Failing to otherwise comply with the requirements of this ordinance,
including occupancy limits or time periods for any tenancy.
B.
Procedures; written complaint; notice; hearing; appeal.
(1)
Notice. Whenever the Borough or any other person or office authorized
to file a notice determines that there has been a violation of this
chapter, he or she shall serve a written notice of the violation of
the owner or agent, which written notice shall include a statement
of the reason or reasons why it is being issued and what action, if
any, the owner or agent must make to abate the violation. Said notice
shall also state that the violation(s) must be corrected within 15
days (unless an imminent hazard in which case it shall be immediate)
and if such violations are not corrected, that the certificate of
occupancy for the subject property may be revoked after a hearing
before the Borough Commissioners.
(2)
Written complaint. If a violation is not corrected within 10 days
of the service of the notice thereof, the individual issuing the written
notice shall file a written complaint with the Borough Clerk or designee
and with the owner or agent by certified and regular mail or by personal
service at the address indicated on the registration form. The complaint
shall apprise the landlord, owner and/or agent of the charges, so
as to permit said individuals to present a defense. The individual(s)
filing the complaint may do so on the basis of information and belief
and need not rely on personal information. Upon the filing of such
written complaint, the Borough Clerk or designee shall immediately
inform the Borough Commission, and a date for a hearing shall be scheduled,
which shall not be sooner than 10, nor more than 30 days, thereafter,
unless the landlord, owner and/or agent requests a waiver of the thirty-day
requirement and the Borough Commission authorized said waiver. The
Borough Clerk or designee shall forward a copy of the complaint and
a notice, as to the date of the hearing, to the landlord, owner or
agent, if any, at the address at which the written complaint was served.
(3)
Hearing. The hearing required by this section shall be held before
the Borough Commission unless, in its discretion, the Borough Commission
determines that the matter should be heard by a Hearing Officer, who
shall be appointed by the Borough Commission. If the matter is referred
to a Hearing Officer, such officer shall transmit his findings of
fact and conclusions of law to the Borough Commission within 30 days
of the conclusion of the hearing. The Borough Commission shall then
review the matter and accept, reject or modify the recommendations
of the Hearing Officer based on the record before such Hearing Officer.
In the event that the matter is not referred to a Hearing Officer
and is heard by the Borough Commission, then the Borough Commission
shall render a decision within 30 days of the conclusion of the hearing.
Following the hearing, a decision shall be rendered dismissing the
complaint, revoking or suspending the rental permit or determining
that the rental permit shall not be renewed or reissued for one or
more subsequent calendar years.
(4)
A stenographic transcript 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 that
which generally controls administrative hearings.
(5)
The Borough Solicitor, his designee or appointed special counsel
shall appear and prosecute on behalf of the complainant in all hearings
conducted pursuant to this section.
(6)
Appeals. If a rental permit is revoked, suspended or the Borough
Commission determines that the rental permit shall not be renewed
or reissued for one or more subsequent years, the landlord, owner
and/or agent may appeal said decision to the New Jersey Superior Court-Law
Division in Camden County in accordance with the New Jersey Court
Rules.
C.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension or other disciplinary action involving a rental permit
by demonstrating 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 proceeding.
[Added 7-3-2023 by Ord.
No. 1766]
Any person who violates any provision of this article shall,
upon conviction in the Municipal Court of the Borough of Collingswood,
or such other court having jurisdiction, be liable to a fine not exceeding
$1,000, or imprisonment for a term not exceeding 30 days, or both.
Each day that a violation occurs shall be deemed a separate and distinct
violation, subject to the penalty provisions of this article.
