[Ord. No. 93-13 § 1]
To preserve the peace and tranquility of the Borough for its
permanent residents, and to maintain its viability as a vacation spot
not only for citizens of this State, but also for persons and families
from far and near whom the beauties and pleasures of the Borough have
historically attracted, it is necessary and desirable that the Borough
have adequate means to curb and discourage those occasional excesses
arising from irresponsible seasonal rentals. Accordingly, it is the
purpose of this chapter to enable the Borough 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. 93-13 § 1]
As used in this section:
DISORDERLY PERSON OFFENSES
Shall include all regulations and prohibitions of the Revised General Ordinances of the Borough of Surf City, as set forth in Chapter
4 entitled Police Regulations; Chapter
19 entitled Parks, Beaches and Recreational Areas; Chapter
7 entitled Traffic; Chapter
8 entitled Animal Control and Chapter
20 entitled Beach, Dune and Soil Removal Regulations.
HEARING OFFICER
Shall mean a person designated pursuant to hear and determine
proceedings under this section.
LANDLORD
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", N.J.S.A. 55:13A-1, et seq., an owner-occupied
two unit premises. In the case of a mobile home park, "Landlord" shall
mean the owner of an individual dwelling unit within the mobile home
park.
SEASONAL RENTAL
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 15th to September 15th.
SUBSTANTIATED COMPLAINT
Shall mean a complaint which may form the basis for proceedings in accordance with subsection
14-1.3, including but not limited to any disorderly person offense as defined herein.
[Ord. No. 93-13 § 1]
If in any one year three complaints, on separate occasions,
of disorderly, indecent, tumultuous or riotous conduct or offenses
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 Mayor and Borough Council, or any officer
or employee of the Borough designated by the Mayor and Borough Council
for this 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 in accordance with the provisions
of this chapter.
[Ord. No. 94-13 § 1]
The Mayor and Borough Council, or person designated pursuant to subsection
14-1.3, shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the municipality, 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 Borough of Surf City, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
[Ord. No. 93-13 § 1]
The Borough may enforce the bond 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 Borough.
[Ord. No. 93-13 § 1]
A bond or other security deposited in compliance with subsection
14-1.6 shall remain in force for a period of not less than two or more than four years as determined in accordance with the judgment of the hearing officer. 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
14-1.9, in which case the security shall be renewed, in an amount and for a period that shall be specified by the hearing officer.