[Added 10-27-2022 by Ord. No. 22-22]
The Mayor and Council hereby find and adopt, as if set forth
more fully herein, the fact assertions of the "Whereas" clauses of
this ordinance,[1] as their findings of fact.
[1]
Editor's Note: Refers to the "Whereas" clauses of Ord.
No. 22-22, a complete copy of which is on file in the Borough offices.
A.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sublessor, any other
person(s) or entity(ies) with possessory or use rights in a dwelling
unit, their principals, partners or shareholders, or their agents,
employees, representatives and other person(s) or entity(ies), acting
in concert or a combination thereof, to receive or obtain actual or
anticipated consideration for soliciting, advertising, offering and/or
permitting, allowing or failing to discontinue the use or occupancy
of any dwelling unit, as defined herein, for a period of 30 days or
less.
B.
Nothing in this article will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days
or continuation of an otherwise lawful occupancy upon expiration of
the lease term on a month-to-month basis.
C.
The lease or rental, for any purpose and for any period of time,
of any amenity, feature, or accessory that is appurtenant to or associated
with any rental facility or rental unit, including, but not limited
to, a duplex, multiple, or single-family residential structure is
prohibited. This shall include, but is not limited to, swimming pools,
pool cabanas, accessory structures, hot tubs, decks, patios, yards,
firepits, and the like.
For the purposes of this article, the following definitions
shall apply.
Any form of solicitation, promotion, and communication for
marketing, used to solicit, encourage, persuade, or manipulate viewers,
readers, or listeners into contracting for goods and/or services in
violation of this article, as same may be viewed through various media,
including, but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites, or
text or other electronic messages for the purpose of establishing
occupancies or uses of rental property, for consideration, which are
prohibited by this article.
Soliciting, charging, demanding, receiving or accepting any
legally recognized form of consideration, including a promise or benefit,
a quid-pro-quo, rent, fees, other form of payment, or thing of value.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged, or designed
to be occupied, for sleeping, dwelling, cooking, gathering and/or
entertaining, as a residential occupancy, by one or more persons.
This definition includes an apartment, condominium, building, cooperative,
converted space, or portions thereof, that is offered to use, made
available for use, or is used for accommodations, lodging, cooking,
sleeping, gathering and/or entertaining of occupants and/or guest(s)
for consideration, for a period of 30 days or less.
Constitutes a family-type situation, involving one or more
persons living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in the applicable reported and unreported
decisions of the New Jersey Superior Court.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies), association, limited liability
company, corporation, or partnership, or any combination, who legally
use, possess, own, lease, sublease or license (including an operator,
principal, shareholder, director, agent or employee, individually
or collectively) that has charge, care, control, or participates in
the expenses and/or profit of a dwelling unit pursuant to a written
or unwritten agreement, rental, lease, license, use, occupancy agreement
or any other agreement.
An individual, firm, corporation, association, partnership,
limited liability company, association, entity, and any person(s)
and/or entity(ies) acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
Rental of a dwelling unit, or any part of a dwelling unit,
including any accessory building, structure or use to the dwelling
unit, including, but not limited to, a vehicle parked on the property
for 30 consecutive days or less, excluding community residences, shelters,
adult family-care homes, a residence temporarily occupied by the owner
of another residential property within the Borough then undergoing
construction activity, or the extension of a month-to-month basis
of an existing lease, with a term of at least six months' duration,
by the existing tenant.
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period of 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as house guests, is permitted.
It shall be unlawful to advertise, solicit or promote by any
means actions in violation of this article.
A.
The provisions of this article shall be enforced by the Building
Code Official, Fire Official, Health Department, other subcode or
code official, as their jurisdiction may arise, including legal counsel
for the Borough or other persons designated by the Borough Council
to issue municipal civil infractions directing alleged violators of
this article and/or to appear in court or file civil complaints. To
the extent authorized by law, a complaint for a violation of the provisions
of this article may also be issued by the court upon private citizen
complaint.
B.
A violation of this article is hereby declared to be a public nuisance,
a nuisance per se, and is hereby further found and declared to be
offensive to the public health, safety and welfare.
C.
Any person found to have violated any provision of this article,
without regard to intent or knowledge, shall be liable for the maximum
civil penalty, upon adjudicated violation or admission, of a fine
not exceeding $1,250. Each day of such violation shall be a new and
separate violation of this article.
D.
The penalty imposed herein shall be in addition to any and all other
remedies that may accrue under any other law, including, but not limited
to, eviction proceedings and/or injunction, reasonable attorney's
fees or other fees and costs, in the Borough's Municipal court
or the Superior Court of New Jersey in the vicinage of Bergen County,
or in such other court or tribunal of competent jurisdiction, by either
summary disposition or by Zoning or Construction Code municipal proceeding.
Nothing in this article shall be construed as repealing or amending
any provision of any other municipal ordinance regulating or controlling
the same activity as is regulated by this article or its incidental
activities either directly or indirectly, or which further the general
purposes of this article in any way. If any provision of this article
is inconsistent with the statutes and/or regulations of the State
of New Jersey or of the federal government, the state or federal statutes
and regulations shall prevail. Nothing in this article shall be construed
to supersede any applicable federal or state laws. This article shall
not be construed to alter the current or later enacted amendments
of the Borough's Zoning Code.
