[Added 1-13-2021 by Ord. No. 1185-20]
a.
The City may, administratively, decline to issue or renew a Rental
Permit. An owner shall be entitled to appeal any such decision by
the filing of an appeal within the time permitted and in accordance
with the procedures set forth herein.
b.
The City may also revoke or suspend an issued and outstanding Rental
Permit or place such license in a probationary status. This action
shall be in addition to any other penalty prescribed herein, in accordance
with the provisions of N.J.S.A. 40:52-2 and N.J.S.A. 40:48-2, upon
the happening of one or more of the following:
1.
Conviction of the owner(s), or any of them if there is more than
one, of a violation of this chapter in the municipal court or other
court of competent jurisdiction.
2.
Following a determination by the City after a hearing that a violation
of this chapter has occurred.
3.
If, in any twelve-month period, there shall be four or more complaints,
on separate occasions, of conduct upon or in proximity to any rental
premises, and attributable to the acts or incitements of any of the
tenants of those premises, and such complaints have been substantiated
by prosecution and conviction in any court of competent jurisdiction
as a violation of any provision of Title 2C of the New Jersey Statutes
or any municipal ordinance governing disorderly conduct.
4.
A pattern of permitting the Rental Unit(s) to be occupied by more
than the maximum number of occupants as defined herein.
5.
Maintaining the Rental Unit or units or the property in which the
Rental Unit is a part in a dangerous condition likely to result in
injury to person or property.
6.
A false, misleading, or fraudulent statement made in connection with
the registration, licensing or inspection of a Rental Unit or units,
under this chapter.
7.
A pattern of conduct which results in creating, maintaining, permitting
or suffering the existence of any of the following conditions at or
about the Rental Unit:
(a)
A nuisance as that term is defined by N.J.S.A. 2C:33-12 provided,
however, that a conviction of such person or persons under that statute
shall not be required in order for the City to take action relating
to the Rental Permit under this section;
(b)
The failure to comply with any directive of the City concerning
the abatement of conduct prohibited by paragraph 7(a), above.
(c)
The failure to comply with City ordinances pertaining to the
proper accumulation and disposal of solid waste (trash) and recyclable
material or otherwise allowing such materials to accumulate in such
a way as to be unsanitary or unsightly.
8.
If the licensee, who is an owner of the property affected by the
license or upon which the licensed business or activity is conducted,
has failed to pay the taxes water, sewer or other municipal charges
due on the property for at least three consecutive quarters.
9.
Any other grounds that would be a basis for denial or non-renewal
of a Rental Permit shall also constitute grounds for the revocation
or suspension of a Rental Permit or the placing of such license in
a probationary status.
10.
It shall be a defense to any proceeding for the revocation or suspension
of a Rental Permit to demonstrate 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 or suspension proceeding
including but not limited to the institution of legal action against
the tenant(s), occupant(s) or guests for recovery of the premises;
eviction of the tenant(s) or otherwise. Evidence of such actions on
the part of the owner or managing agent, however, shall not preclude
the City from placing the Rental Permit in probationary status as
provided in this chapter, nor shall it preclude the City from instituting
action pursuant to any article of this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
A written complaint seeking the revocation or suspension of a Rental Permit shall be filed with the City Clerk by any person mentioned as an Enforcement Official in Article I of this chapter. The complaint shall be sufficiently specific to inform the Landlord/Owner - Licensee of the charges pending and shall state the particulars of any substantiated violations underlying the charges. The complaint may be filed on the basis of information and belief and the complainant need not rely on personal knowledge or information.
[Added 1-13-2021 by Ord. No. 1185-20]
[Added 1-13-2021 by Ord. No. 1185-20]
The hearing required by this section shall be held before the
City Hearing Officer, unless such Hearing Officer shall recuse him/herself,
in which event the Board of Commissioners shall appoint another independent
hearing officer to preside in the matter.
[Added 1-13-2021 by Ord. No. 1185-20]
The Hearing Officer shall transmit his findings of fact and
conclusions of law to the Board of Commissioners within 15 days of
the conclusion of the hearing. Board of Commissioners shall then review
the matter and may accept, reject, or modify the recommendations of
the Hearing Officer based on the documentary evidence and written
findings of fact and conclusion of law submitted by the Hearing Officer,
and render a decision 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 license years. The
Rental Permit may also be placed in probationary status as provided
herein.
[Added 1-13-2021 by Ord. No. 1185-20]
A record 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 the same
as those which generally govern and are applied in administrative
hearings. Any person shall be entitled to obtain a copy of the record
of such hearing at his sole cost and expense.
[Added 1-13-2021 by Ord. No. 1185-20]
The Municipal Prosecutor shall appear and prosecute on behalf
of the complainant in all hearings conducted pursuant to this section.
[Added 1-13-2021 by Ord. No. 1185-20]
In lieu of a revocation or suspension of a Rental Permit, the
Hearing Officer may recommend placing the Rental Permit in a probationary
status. The Hearing Officer may also recommend specific terms of probation
to be imposed, if any. The Board of Commissioners shall make the final
determination by resolution and may, in its discretion, accept, reject,
or modify the findings and recommendations of the Hearing Officer.
Once imposed, the probationary status shall remain in effect for the
remainder of that License term and may be made applicable to the succeeding
renewal term.
[Added 1-13-2021 by Ord. No. 1185-20]
The terms of the probationary status shall be specifically set
forth in a resolution of Board of Commissioners, a copy of which shall
be served upon the Owner, Managing Agent, and Rental Agent. Such notice
shall be served personally or by certified mail, return receipt requested,
or both. If service is made by certified mail, return receipt requested,
it shall also be sent simultaneously by first class mail. Mail to
the owner and Managing Agent shall be at the address indicated on
the Rental Permit Application. Copies shall also be sent to the names
and addresses appearing on the City's tax records if different
from the names and addresses appearing on the Rental Permit Application.
Copies shall also be provided to the Chief of Police, Fire Chief and
Code Enforcement Department.
[Added 1-13-2021 by Ord. No. 1185-20]
The Board of Commissioners may on its own initiative or at the
request of an owner, Managing Agent, tenant or occupant of the Rental
Unit modify the terms of such probationary status at any time during
the probationary term. If modified, it shall be by resolution, copies
of which shall be served upon such persons and in such manner as specified
in the preceding subsection.
[Added 1-13-2021 by Ord. No. 1185-20]
The violation of any term or condition of the probation by the
owner, Managing Agent, tenant or occupant, shall be cause for the
immediate suspension or revocation of the Rental Permit. Prior to
suspension or revocation, the Licensee shall be entitled to a hearing
conducted in accordance with the provisions of this subsection.
[Added 1-13-2021 by Ord. No. 1185-20]
Any Rental Permit which is in probationary status may be renewed
for the succeeding license term conditioned upon compliance by the
owner, Managing Agent, tenant and occupants with the terms and conditions
of probation.
[Added 1-13-2021 by Ord. No. 1185-20]
The failure to comply with the terms and conditions of probation
by the owner, Managing Agent, tenant or occupants shall be cause for
the immediate suspension, revocation, or non-renewal of the Rental
Permit. Prior to suspension, revocation, or non-renewal, the Licensee
shall be entitled to a hearing conducted in accordance with the provisions
of this subsection.
[Added 1-13-2021 by Ord. No. 1185-20]
A Rental Permit shall be deemed severable with respect to the
revocation, suspension or disciplinary actions instituted pursuant
to this chapter. Accordingly, the revocation or suspension or other
disciplinary action involving a Rental Permit may be limited to one
or more Rental Units or may apply to all Rental Units in a property.
If limited to less than all of the Rental Units, such License shall
remain in full force and effect as to any and all Rental Units not
involved in the revocation, suspension or disciplinary proceedings.
[Added 1-13-2021 by Ord. No. 1185-20]
Any complaint seeking the suspension or revocation of a Rental
Permit shall be filed by the City and served upon the owner or Managing
Agent in order to have any effect on the current license year and
the rental season immediately following. If such a complaint is filed
after said date and if the charges are sustained, the revocation or
suspension of the Rental Permit shall not impact upon the rental season
immediately following but shall affect the next ensuing rental season.
[Added 1-13-2021 by Ord. No. 1185-20]
Any person, firm, association or corporation violating any of
the provisions of this chapter shall, upon conviction, be subject
to the penalty provisions set forth in accordance with N.J.S.A. 40:49-1,
et seq., including those additional enhanced penalties for repeat
violations as specified in said subsections and subparagraphs.
[Added 1-13-2021 by Ord. No. 1185-20]
The foregoing penalties shall be in addition to any other penalty
provided in this chapter and shall be in addition to those penalties
set forth in N.J.S.A. 46:8-35. Specifically, the penal penalties shall
be in addition to the administrative penalties set forth in this article
and shall not be in place thereof.
