Hillside City Zoning Code
§ 188-29.1
Code enforcement and relocation assistance.
[Added 3-5-2002; amended 11-12-2003; 3-28-2006; 6-24-2008 by Ord. No. O-08-018]
A.
Definitions. As used in §§ 188-29.1 through 188-29.3, the following terms shall have the meanings indicated:
LANDLORD
The owner, as defined hereinbelow, or person or persons who own or purport to own, or exercise control of, any building or project in which there is rented or offered for rent housing space for living or dwelling purposes under either a written or oral lease, provided that this definition shall not include owner-occupied two-unit premises. This definition shall include but not be limited to any dwelling subject to the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq.
OWNER
Any person or group of persons, firm, corporation or officer thereof, partnership, association or trust who owns, operates, exercises control over or is in charge of a rental facility.
TENANT
The lawful occupant of a dwelling unit or property recognized by the owner and not the result of trespass or unauthorized sublease or assignment. (N.J.A.C. 5:11-1.2.)
B.
Any landlord found to be in violation of the Zoning Ordinance or the Code of the Township of Hillside, wherein it has been determined that there exists an illegally subdivided premises and the premises is found to violate any portion of the ordinance or Code, shall, for the first offense, pay a fine up to an amount equal to six times the monthly rental payment of the tenant.
C.
In the event the occupant of an illegal apartment is required to relocate from the premises which is the subject of a notice of illegal apartment and/or eviction pursuant to N.J.S.A. 2A:18-61.1 et seq. and/or the Zoning Ordinance and the Code of the Township, said person is so considered a displaced person and is entitled to relocation assistance in an amount equal to six times the monthly rental payment of the tenant. This payment shall be made by the landlord directly to the tenant prior to or upon the effective date of the notice to vacate the premises.
D.
In the event a landlord shall fail to make the required relocation assistance payment to the displaced person as set forth in Subsection C above, then the Township shall tender the relocation assistance payment to the displaced person in an amount equal to six times the monthly rental payment of the tenant. Following any such payment made by the Township, the landlord shall be responsible for any relocation costs and payments borne by the municipality, or if not borne by the municipality then by the tenant, in accordance with the provisions of N.J.S.A. 2A:18-61.1(g), together with any security deposit and a pro rata portion of the tenant's rent which may have been paid in advance.
E.
Once a final adjudication in criminal or civil penalty action has been obtained by the Township of Hillside against the landlord in violation of the relevant portion of the Code, the Township shall present a statement of the relocation costs to the landlord and the date payment of said costs is due. If payment is not made by the landlord within 10 days of the date on which payment is due, then:
(1)
Interest shall accrue on the unpaid balance of the relocation costs and interest at the annual rate of 18%.
(2)
The unpaid balance of the relocation costs and interest shall be a lien on the subject property.
(3)
A statement showing the amount and due date of the unpaid balance shall be recorded with the Union County Clerk as a lien against the subject property holding the priority of a mortgage lien.
(4)
The Township officer charged with enforcing municipal liens on real property shall enforce all relocation costs and any lien thereon shown in the statement filed in accordance with Subsection E(3) immediately hereinabove and shall deposit in the municipal treasury all sums realized upon enforcement or upon liquidation of any property acquired by the municipality by virtue of enforcement. (N.J.S.A. 20:4-4.1)
(5)
The Township may recover all relocation costs, together with the interest accrued thereon and attorneys' fees and costs, in a civil action as a personal debt of the owner of the subject property, including, in the event the owner is a corporation, recovering relocation costs against the directors, officers, and each shareholder controlling more than 5% of the total voting shares of the corporation. (N.J.S.A. 20:4-4.2)
F.
Any landlord, person, firm or entity found liable under the foregoing who subsequently violates and is found liable under any portion of this section for a second time shall, in addition to the provisions set forth in Subsections B through E hereinabove, be fined an amount equal to the annual cost for any residents of the illegally occupied unit to attend a public school within the Township. Said additional fine shall be calculated in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 and remitted to the Township of Hillside School District. Said fine shall be recovered by the Township by a summary proceeding pursuant to the Penalty Enforcement Law N.J.S.A. 2A:58-10 through 2A:58-12. Said proceedings may be commenced in Superior Court or the Township of Hillside's Municipal Court for enforcement of the fines provided herein.
G.
It shall be the duty of the Police Department and Construction Official to coordinate their efforts in this regard. Any violations found by the proper representatives of the Police Department shall be immediately forwarded to the Construction Official (not more than 24 hours from said noted violation), and the Police Department representatives designated by the Chief of Police shall assist the Construction Official and/or his representatives in obtaining legal entrance into said premises in order to effectuate the enforcement of this section.
H.
All ordinances, codes or parts thereof inconsistent with any of the provisions of this section or provisions of this chapter are hereby repealed to the extent of such inconsistency.
I.
Basement apartments, basement dwelling places or below-grade dwelling places.
(1)
Any person, whether family member or other, who utilizes the basement or floor-below-grade area of a residence, whether multiple dwelling or not, as sleeping quarters or as a dwelling space must comply with the provisions of Ordinance O-03-025,[1] adopted July 15, 2003, which refers to the International Mechanical, Residential, and Building Codes, and N.J.A.C. 5:10-22.1 and N.J.A.C. 5:70 which refers specifically to basements, cellars and dwelling units made applicable N.J.S.A. 55:13A-6C and A-7.
[1]
Editor's Note: See Ch. 121, Building, Housing and Property Maintenance, Art. I, Uniform Construction Code.
(2)
Failure to comply with the standards will constitute an illegal apartment as defined by the Code and ordinances, the provisions of which remain in effect.
J.
No tenant shall be eligible for relocation benefits if the tenant was displaced as a result of:
(1)
A Code violation which was primarily caused by that tenant's conduct and not by factors for which the landlord is liable.
(2)
A natural disaster, soil subsidence, fire, a latent defect or other sudden and unforeseeable occurrence.
K.
A tenant who is displaced by code enforcement activity shall be provided a written notice to vacate the property by the Township of Hillside, which notice shall include:
(1)
The nature and types of relocation assistance available to the tenant.
(2)
The tenant's obligation not to vacate until authorized to do so.
(3)
The tenant's obligation to continue making rental payments to the landlord in accordance with New Jersey law.
L.
When a tenant is displaced by code enforcement activity, he or she shall be provided the following by the Township's Office of Relocation Assistance:
(1)
A list of decent, safe and sanitary replacement housing units that are available for sale or lease.
(2)
Assistance establishing priority in subsidized housing and in applying therefor.
(3)
Information necessary to obtain mortgage financing.
(4)
Names and addresses of other agencies that provide housing assistance to individuals.
