[HISTORY: Adopted by the Board of Commissioners
of the Town of West New York 10-20-1954 by Ord. No. 779; amended in its entirety 9-20-2023 by Ord. No. 12/23. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
A municipal governing body or, in a municipality which has
established a rooming or boarding house site licensing board pursuant
to Section 10 of this act, the board so established.
Any person including for the purposes of this act any corporation
or association of persons and any agency or instrumentality of state
or local government, which operates or proposes to operate a rooming
or boarding house.
The holder of title in fee simple to premises and any lessor
or sublessor of whom an operator is or proposes to become a sublessor
in connection with an application for a license, or for renewal thereof,
pursuant to P.L. 1979, c. 496 (N.J.S.A. 55:15B-1 et seq.).
The most recent population count reported by the Department
of Labor.
A rooming or boarding house licensed pursuant to P.L. 1979,
c. 496 (N.J.S.A. 55:13B-1 et seq.).
A.
No rooming or boarding house shall be located or operated within
the Town of West New York, except upon premises licensed for the purpose
by the municipal licensing authority pursuant to the provisions of
this chapter and N.J.S.A. 40:52-10.
B.
Any rooming or boarding house that is in lawful operation as of the
date of enactment of this chapter shall be entitled to continue in
operation until December 31, 2023, and, if the holder of the license
applies for its renewal not later than 60 days' prior to that
date, until a final determination is made upon that application.
C.
The governing body of the Town of West New York is hereby designated
as the municipal licensing authority.
An application for licensure shall be in writing on forms approved
by the governing body and provided by the Town Clerk. A completed
application shall be filed with the Town Clerk, and shall be accompanied
by all supporting information and documentation as may be requested,
together with an application fee in the amount of $200. If the application
is denied, 90% of the fee shall be refunded and 10% retain to defray
the expenses incurred by the Town in connection with the investigation
required under this chapter.
A.
After filing an application, the applicant shall cause notice of
the pendency of the application to be published in the form and manner
prescribed by the governing body and as required by P.L. 1993, c.
290.
B.
Within 30 days of receipt of a completed application in accordance with § 316-3, the time and place for a public hearing on the application shall be fixed, at which the operator, or proposed operator, and all other parties in interest, including members of the general public, shall be heard upon the merits of the application and the suitability of the premises for the proposed use.
A.
A license shall be valid for one year from the date of issuance and
until such time as the licensing authority has acted upon an application
for renewal, unless the license is terminated earlier by revocation.
B.
The licensee shall apply for renewal within 60 days' prior to
the license's expiration date. The application for renewal shall
follow the same procedure and requirements as prescribed for a new
application and shall necessitate consideration and determination
in the same manner as in the case of a new application.
Licenses issued under this Chapter may be revoked by resolution
of the licensing authority for any of the following reasons:
A.
A finding that there was any misstatement of material fact in the
application upon which the license was issued.
B.
The occurrence of any fact which had it occurred and been known to
the licensing authority before issuance of the license, would have
resulted in the denial of the application.
C.
Repeated violations, or prolonged failure to correct any violation,
of any applicable building, housing, health or safety code or regulations.
D.
Refusal to allow access to any portion of the licensed premises at
all reasonable times, with or without advance notice, in order that
officers or agents of the licensing authority, or any official charged
with enforcement within the municipality of any building, housing,
health, or safety code or regulations applicable to the premises may
determine compliance with such codes or regulations.
E.
Revocation by the Department of Community Affairs of the operator's
license or other authorization to operate a rooming or boarding house
on the premises.
F.
Notification by the Department of Community Affairs that the premises
are not, or are no longer, suitable for operation of a rooming or
boarding house.
G.
Failure or refusal to comply with any lawful regulation or order
of the licensing authority.
Any person, persons, firm or corporation engaged in the business of keeping a lodging, rooming or boarding house without first having obtained a license therefore, or who shall violate any of the provisions of this chapter shall, upon conviction, be subject to the penalties provided for in Chapter 1, General Provisions, Article I.
