[HISTORY: Adopted by the Borough Council of the Borough of
Hillsdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-13-2023 by Ord. No. 23-10]
As used in this chapter, the following terms shall have the
meanings indicated:
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 of benefit,
a quid pro quo, rent, fees, other form of payment, or thing of value.
Any person(s) or entities, association, limited liability
company, or 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 dwelling amenities 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, or any person(s) and/or
entities acting in concert or any combination therein.
The lease or rental, for any purpose, of any amenity, feature,
accessory, use, or appurtenance to, or associated with, a dwelling
is prohibited. This shall include, but is not limited to, swimming
pools, yard areas, tennis courts, riding areas, and interior or exterior
having similar recreation features.
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 governing body,
to issue Municipal Court summons by the Police Department, Building
Code Official, Health Department, or other subcode or code official.
B.
A violation of this article is hereby declared to be a public nuisance,
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
exceeding $1,250 or imprisonment for a period not exceeding 90 days,
or both. 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, reimburse the Borough and other participating
law enforcement agencies their full investigative costs, in the Borough's
Municipal Court or the Superior Court of New Jersey in the vicinage
of Bergen County, remit all illegally obtained rental revenue to the
Borough so that it may be returned to the victims of illegal short-term
rental activities, or in such other court or tribunal of competent
jurisdiction, by either summary disposition or by zoning or construction
code municipal proceeding.
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.
If any section, provision, or clause of this article or the
application thereof to any person or circumstance is judicially held
invalid, a reviewing court may correct such invalidity and carry out
the intent of this article. Such invalidity shall not affect any remaining
portions or application of this article which can be given effect
without the invalid portion or application.
This article shall supersede and replace any other provisions
of the Code of the Borough of Hillsdale, now or later enacted, which
have or may be constructed to have differing or contrary terms or
conditions relating to the subject of this article. This article is
not intended to alter the current or later enacted amendments to the
Borough's Zoning Code.[1]
This article shall become effective after the second reading
and 30 days after being published in a newspaper of general circulation
within the Borough.
