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ORDINANCE 2012-23 Seasonal Rentals

ADOPTED: June 26, 2012

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
OCEAN COUNTY, STATE OF NEW JERSEY, AMENDING AND SUPPLEMENTING ORDINANCE 2010-21 WHICH DELETED CHAPTER XXVII ENTITLED “SEASONAL RENTAL REGULATIONS” AND DELETED SECTION 3-33 ENTITLED “REGULATIONS TO CONTROL SEASONAL RENTALS” AND CREATED NEW CHAPTER XXVII ENTITLED “SEASONAL RENTALS” BY AMENDING SECTION 27-2, SECTION 27-3, SECTION 27-19 AND CREATING SECTION 27-20.


WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes the need to curb and discourage those excesses arising from irresponsible seasonal rentals; and
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes the need to amend New Chapter XXVII to comply with the “Good Neighbor Act,” Section 4 of P.L. 1993, c.127 (N.J.S.A. 40:48-2.12q) enabling communities to take action to assure that excesses, when they occur, shall not be repeated and that landlords offering seasonal rentals shall be held to sufficient standards of responsibility; and
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach in its discretion shall deem certain areas as Special Enforcement Zones pursuant to Chapter III, Section 3-49 for such areas have been deemed to give rise to frequent and consistent excess of irresponsible seasonal rentals disturbing the peace and tranquility of residents of the Borough of Point Pleasant Beach; and.
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes the need to deter violations of New Chapter XXVII entitled “Seasonal Rentals” committed in a Special Enforcement Zone as defined in Chapter III, Section 3-49 by means of imposing a penalty; and
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach recognizes the need to amend New Chapter XXVII to ensure reporting of guilty findings for violations of this act;” and
WHEREAS, the Borough Council finds and determines that for the good and welfare of its citizens it is necessary and advisable to establish regulations that improve the quality of life for residents;

NOW THEREFORE BE IT ORDAINED, by the Borough Council of the Borough of Point Pleasant Beach, County of Ocean, and State of New Jersey, as follows:

SECTION 1. New Chapter XXVII of the Code of the Borough of Point Pleasant Beach, Section 27-2 is hereby amended by striking the meaning of substantiated complaint and replacing it with the following:

27-2. Definitions.
“Substantiated complaint” shall mean an act of disorderly, indecent, tumultuous or riotous conduct, which shall include but not be limited to disorderly or petty disorderly persons offenses, ordinance violations, drinking in public, lewdness, urinating in public, defecating in public, and acts of criminal mischief, committed upon or in proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises which have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct. For purposes of this definition, the phrase “upon or in proximity to” shall mean anywhere on the property or upon or within the adjacent right-of-way.

SECTION 2. New Chapter XXVII of the Code of the Borough of Point Pleasant Beach, is hereby amended by striking Section 27-3(a) and Section 27-3(c) and replacing these sections with the following:

27-3. Hearing on Proceedings to Require Posting of Bond and Assessment of Penalties.
a. If in any twenty-four month period two complaints, on separate occasions, of disorderly, indecent, tumultuous or notorious conduct, which shall include but not be limited to disorderly or petty disorderly persons offenses, ordinance violations, drinking in public, lewdness, urinating in public, defecating in public, and acts of criminal mischief, shall be committed upon or in proximity to any seasonal rental premises and attributable to the acts or incitements of any of the tenants of those premises have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct, the Borough Council or any officer or employee of the borough so designated by the Borough Council for this purpose may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.
c. At the hearing convened pursuant to paragraph b. above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not results in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.

SECTION 3. New Chapter XXVII of the Code of the Borough of Point Pleasant Beach, is hereby amended by supplementing Section 27-19 by adding the following:
27-19. Penalties
A violation of Chapter XXVII committed in a Zero Tolerance Zone as defined in Chapter III, Section 3-49 shall be subject to the penalties imposed by Chapter III, Section 3-49.
SECTION 4. New Chapter XXVII of the Code of the Borough of Point Pleasant Beach is hereby amended to create Section 27-20 as follows:
27-20. Reporting of Violations
The Municipal Court Clerk of the Borough of Point Pleasant Beach shall report all dispositions of guilt related to this section to the Chief of Police and Construction Official of the Borough of Point Pleasant Beach within twenty (20) days of the date of said guilty disposition by written notification.
SECTION 5. All sections of New Chapter XXVII not amended hereunder shall remain in full force and effect.
SECTION 6. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION 7. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.
SECTION 8. This Ordinance shall take effect immediately upon its final passage and publication as required by law.



NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 12th day of June 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 26th day of June 2012 at 7:00 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.

Maryann Ellsworth, R.M.C.
Municipal Clerk


Published June13, 2012 | New Ordinances | 1398


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