[HISTORY: Adopted by the Mayor and Council of the Borough
of Maywood 8-23-2022 by Ord. No.
14-22.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter was adopted as Ch. 395, but was
renumbered to fit into the organizational structure of the Code.
As used in this chapter, the following terms shall have the
meanings indicated:
A marketplace, in whatever form or format, which facilitates
the vacation rental, through advertising, match-making or any other
means, using any medium of facilitation, and from which the operator
of the hosting platform derives revenues, including booking fees or
advertising revenues, from providing or maintaining the marketplace.
Rental of any portion of a dwelling unit, in whole or in
part, including the rear/front/side yard areas and/or swimming pools,
within the Borough of Maywood, to any person(s) for use to hold events
of 30 consecutive days or less, whereby the unit is only approved
for permanent residential occupancy and not approved for transient
occupancy or event use by this chapter. Rental of units within Borough-approved
hotels, motels, bed-and-breakfasts, restaurants, taverns and approved
commercial event spaces shall not be considered an unlawful event
space pursuant to this chapter.
Rental of any dwelling unit, in whole or in part, within
the Borough of Maywood, to any person(s) for exclusive transient use
of 30 consecutive days or less, whereby the unit is only approved
for permanent residential occupancy and not approved for transient
occupancy by this chapter. Rental of units within Borough-approved
hotels, motels and bed-and-breakfasts shall not be considered a vacation
rental pursuant to this chapter.
A.
Vacation rentals or use of any portion of a rental home residential
homes, including the yards or swimming pools, as an unlawful event
space, as defined by this chapter, are prohibited in the Borough of
Maywood. No property shall be utilized in any manner that does not
comply with this code.
B.
No person, including any hosting platform operator, shall undertake,
maintain, authorize, aid, facilitate or advertise any vacation rental
or unlawful event space activity that does not comply with this code.
A.
The Mayor and Council of the Borough may promulgate regulations,
which may include but are not limited to permit conditions, reporting
requirements, inspection frequencies, enforcement procedures, advertising
restrictions, disclosure requirements, or insurance requirements,
to implement the provisions of this chapter. No person shall fail
to comply with any such regulation.
B.
The Mayor and Council of the Borough may establish and set by resolution
all fees and charges as may be necessary to effectuate the purpose
of this chapter.
A.
Violation of any provision of this chapter shall be cause for a Municipal
Court summons to be issued by the Police Department, Code Enforcement
Official or Health Officer.
B.
Any person, persons, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not exceeding $1,000 or
imprisonment for a period not exceeding 90 days, or both. Each and
every day that a violation shall be found to exist shall constitute
a separate violation of this chapter.
C.
Any person convicted of violating any provision of this chapter in
a criminal case or found to be in violation of this chapter in a civil
case brought by a law enforcement agency shall be ordered to reimburse
the Borough and other participating law enforcement agencies their
full investigative costs and remit all illegally obtained rental revenue
to the Borough so that it may be returned to the victims of illegal
short-term rental activities.
D.
Any interested person may seek an injunction or other relief to prevent
or remedy violations of this chapter. The prevailing party in such
an action shall be entitled to recover reasonable costs and attorney's
fees.
E.
The remedies provided in this section are not exclusive, and nothing
in this section shall preclude the use or application of any other
remedies, penalties or procedures established by law.
