Editor's Note: See also Chapter 10, Building and Housing, for
additional provisions including the Property Maintenance Code.
[4-14-2021 by Ord. No.
595-21]
The purpose of this article is to enable the Borough of West
Cape May to take effective action to assure that excesses in the use
of rental property, when they occur, shall not be repeated, and that
landlords offering rentals be held to sufficient standards of responsibility
in order to preserve the peace and tranquility of the Borough of West
Cape May for its permanent residents as well as to maintain its viability
as a vacation resort for families.
[4-14-2021 by Ord. No.
595-21]
For the purposes of this article, the terms used herein are
defined as follows:
Includes all regulations and prohibitions as ordained in
the Ordinances of the Borough of West Cape May.
A person designated by the Borough Commission to hear and
determine proceedings under this article. A hearing officer must be
a licensed attorney in the State of New Jersey who shall not be an
owner or lessee of any real property within the Borough of West Cape
May, nor hold any interest in the assets of or profits arising from
the ownership or lease of such property.
The person or persons who own or purport to own a building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease.
Any housing space within a building which is rented or offered
for rent for the purpose of living or dwelling under either a written
or oral lease.
A complaint which may form the basis for proceedings in accordance with § 31-3 of this , including, but not limited to, any disorderly person offense as defined herein.
[4-14-2021 by Ord. No.
595-21]
If in any twenty-four-month consecutive period, three complaints
on separate occasions of disorderly, indecent, tumultuous or riotous
conduct or offenses upon or in proximity to any 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, through the appropriate
official or employee, may institute proceedings to require:
[4-14-2021 by Ord. No.
595-21]
The landlord of the subject rental premises shall be served,
in person or by registered mail to the address appearing on the tax
records of the municipality, with a notice advising of the institution
of such proceedings, together with particulars of the substantiated
complaints upon which these proceedings are based, and of the time
and place at which a hearing will be held in the matter. The hearing
shall be held in the Municipal Building, Municipal Court, or other
public place within the Borough of West Cape May. Said hearing shall
be no sooner than 30 days from the date upon which the notice is served
or mailed.
[4-14-2021 by Ord. No.
595-21]
Hearings and decisions held and made under this section are
to be conducted by the Hearing Officer. The Hearing Officer shall
give full hearing to both the complaint on behalf of the Borough of
West Cape May and to any evidence in contradiction or mitigation that
the landlord, if present or represented and offering such evidence,
may present. The Hearing Officer may consider, to the extent deemed
relevant by the Hearing Officer, prior complaints about the residents
of the property, even if those complaints did not result in a conviction.
At the conclusion of the hearing, the Hearing Officer shall determine
whether the landlord's rental license shall be suspended or revoked
or, alternatively, whether the landlord shall be required to post
a bond in accordance with the terms of this .
[4-14-2021 by Ord. No.
595-21]
Any bond required to be posted shall be in accordance with the
judgment of the hearing officer, and shall be posted for each and
every rental permit issued to a rental premises, in light of the nature
and extent of the complaints upon which the proceedings are based,
to be adequate in the case of subsequent offenses to make reparation
for:
a.
Damages likely to be caused to public or private property and damages
resulting from disruption of affected residents' rights of fair use
and quiet possession of their premises;
b.
Securing the payment of fines and penalties likely to be levied for
such offenses; and
c.
Compensating the municipality for the cost of repressing and prosecuting
such incidents of disorderly behavior.
|
In no case shall a bond be in an amount less than $500 nor more
than $5,000.
|
[4-14-2021 by Ord. No.
595-21]
The Borough of West Cape May may enforce the bond required by
action in 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.
[4-14-2021 by Ord. No.
595-21]
A bond or other security deposited in compliance with § 31-6 of this shall remain in force for a period of not less than two nor 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 § 31-9 of this , in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer.
[4-14-2021 by Ord. No.
595-21]
If a substantiated complaint is recorded against the property in question during the period for which a landlord is required to give security, the Borough may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in § 31-8 of this , for an increase in the amount of the security required for the period for which security is required, or for any or all of those purposes.
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 § 31-6 of this . 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 § 31-6 of this , and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this section indicates the appropriateness of such change in order to carry out the purpose of this section. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in § 31-7 of this .
[4-14-2021 by Ord. No.
595-21]
All remedies mentioned in this section are to be applied consistently
and in furtherance of other nonrepealed ordinances establishing procedures
and violations pertaining to responsibilities of landlords.
[4-14-2021 by Ord. No.
595-21]
All ordinances or parts of ordinances in conflict with this
are hereby repealed to the extent of that conflict.
[4-14-2021 by Ord. No.
595-21]
Should any portion of this be declared unconstitutional or
invalid, the remaining portion of this shall not be affected thereby
and shall remain in full force and effect, and, to that end, the provisions
of this are declared to be severable.
[4-14-2021 by Ord. No.
595-21]
This shall take effect 20 days after passage and publication,
according to law.
[Added 3-9-2022 by Ord.
No. 610-22]
It is the purpose of this article to implement the provisions
of P.L. 2003, c. 114, as amended by P.L. 2018, c. 49, which authorizes
the governing body of a municipality to adopt an ordinance imposing
a tax at a uniform percentage rate not to exceed 3% on charges of
rent for every occupancy of a room or rooms in a hotel or transient
accommodation subject to taxation pursuant to Subsection (d) of N.J.S.A.
54:32B-3, which shall be in addition to any other tax or fee imposed
pursuant to statute or local ordinance or resolution by any governmental
entity upon the occupancy of a hotel room or transient accommodation.
The definitions in N.J.S.A. 54:32B-2 are incorporated herein by reference.
[Added 3-9-2022 by Ord.
No. 610-22]
There is hereby established a hotel and motel room occupancy
tax in the Borough of West Cape May which shall be fixed at a uniform
percentage rate of 3% on charges of rent for every occupancy of a
hotel or motel room or transient accommodation in the Borough of West
Cape May that is subject to taxation pursuant to Subsection (d) of
Section 3 of P.L. 1966, c. 30, N.J.S.A. 54:32B-3 (sales tax).
[Added 3-9-2022 by Ord.
No. 610-22]
The hotel and motel room and transient accommodation occupancy
tax shall be in addition to any other tax or fee imposed pursuant
to statute or local ordinance or resolution by any governmental entity
upon the occupancy of a hotel room or transient accommodation.
[Added 3-9-2022 by Ord.
No. 610-22]
The hotel and motel room and transient accommodation occupancy
tax authorized herein shall not be imposed on the rent for an occupancy
if the purchaser, user, or consumer is an entity exempt from the tax
imposed on an occupancy under the Sales and Use Tax Act pursuant to
Subsection (a) of Section 9 of P.L. 1966, c. 30 (N.J.S.A. 54:32B-9).
Furthermore, a "transient accommodation" subject to this tax include
those entities defined as "transient accommodations" in N.J.S.A. 40:48E-2
and shall not include those entities excluded from that definition.
[Added 3-9-2022 by Ord.
No. 610-22]
In accordance with the requirements of P.L. 2003, c. 114:
a.
All taxes imposed by this article shall be paid by the purchaser.
b.
A vendor shall not assume or absorb any tax imposed by this article.
c.
A vendor shall not in any manner advertise or hold out to any person
or to the public in general, in any manner, directly or indirectly,
that the tax will be assumed or absorbed by the vendor, that the tax
will not be separately charged and stated to the customer, or that
the tax will be refunded to the customer.
d.
Each assumption or absorption by a vendor of the tax shall be deemed
a separate offense, and each representation or advertisement by a
vendor for each day that the representation or advertisement continues
shall be deemed a separate offense.
[Added 3-9-2022 by Ord.
No. 610-22]
The tax imposed by this article shall be collected on behalf
of the Borough by the person collecting the rent from the hotel or
motel or transient accommodation customer. Each person required to
collect the tax herein imposed shall be personally liable for the
tax imposed, collected or required to be collected hereunder. Any
such person shall have the same right in respect to collecting the
tax from a customer as if the tax were a part of the rent and payable
at the same time; provided that the Chief Financial Officer of the
Borough shall be joined as a party in any action or proceeding brought
to collect the tax.
