[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach by Ord. No. 2000-04 (Sec. 12-11 of the 1974 Code). Amendments noted where applicable.]
The purpose of this chapter is to establish a procedure for fair and adequate treatment of tenants displaced from their homes as a result of zoning or code enforcement activities for illegal occupancy. The purpose is to provide such penalties as are allowable under N.J.S.A. 2A:18-61.1g and to enable the Borough to recover costs which arise and penalties which are allowable for violations. The Borough finds that this action is in accordance with the interests of the public welfare.
Any residential tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from zoning or code enforcement activity for an illegal occupancy, as set forth in N.J.S.A. 2A:18-61.1(g)(3), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner and/or landlord of the structure shall be liable for the payment of relocation assistance.
If the owner and/or landlord fails to pay relocation assistance to any displaced person at the time of the eviction, the Borough of Bradley Beach may pay the relocation assistance to said person(s) from a Revolving Relocation Assistance Fund herein established pursuant to N.J.S.A. 20:4-4.1a. All relocation assistance costs incurred by the Borough shall be repaid by the owner of the structure. These repayments shall be deposited into the Borough's Revolving Relocation Assistance Fund.
In addition to repayment of the relocation assistance costs by the owner and/or landlord to the Borough or tenant, an additional fine for zoning or housing code violations for illegal occupancy, up to an amount equal to six times the monthly rental paid by the displaced person, shall be paid to the Borough by the owner of the structure.
In addition to this penalty, after affording the owner/landlord an opportunity for a hearing on the matter, which hearing shall be held before the Mayor and Council, the Borough may impose an additional penalty of a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the Penalty Enforcement Law of 1999, N.J.S.A. 2A:58-10 et seq. This additional penalty may be imposed for a second or subsequent violation for an illegal occupancy. The Municipal Court and the Superior Court shall have jurisdiction of the proceedings for the enforcement of the penalty in this section. The tuition costs shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19, and the payment of the fine shall be permitted to the appropriate school district.
For the purposes of this chapter, the owner/landlord of a structure shall exclude mortgagees in possession of a structure through foreclosure.
For the purposes of this chapter, a second or subsequent violation for an illegal occupancy shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
In the event that the owner of the structure fails to repay the Borough within 10 days after the due date, interest shall accrue on the unpaid balance at the rate of 18% per annum, and the unpaid balance and all interest accruing thereon shall be a lien on the parcel. The Borough may also seek recovery of the unpaid balance and all interest accrued thereon, together with attorney's fees and costs, in a civil action as a personal debt of the owner of real property.