Leonia City Zoning Code
ARTICLE XIV
Illegal Conversions
§ 290-61 Definitions.
For purposes of this article, the following definitions shall apply:
A residential rental unit which is:
A residential rental unit for which no certificate of occupancy has been issued;
A residential rental unit which is in excess of the number of such units for a particular building or zone according to this chapter; or
A residential rental unit which was created without the required plumbing, electrical or building permits.
A building, or portion thereof, rented or offered for rent for dwelling purposes to one or more tenants or family units.
§ 290-62 Obligations.
[Amended 12-9-2002 by Ord. No. 17-02]
A.
No person shall rent or suffer to be occupied an impermissible unit in a building which such person owns or otherwise controls.
B.
No person shall charge, demand, receive or accept any rent or other payment for use or occupancy of any residential premises within the Borough of Leonia which are used or occupied in violation of the Zoning Ordinance of the Borough of Leonia. Each such charge, demand, receipt or acceptance of rent or other payment in violation hereof shall constitute a separate offense.
C.
Upon a tenant being required to vacate an impermissible rental unit, the landlord of said tenant shall pay to said tenant:
(1)
All reasonable moving and relocation expenses incurred by said tenant, including a real estate broker's commission incurred in the procuring of a new rental unit;
(2)
Any security deposit; and
(3)
Any pro rata rent which may be due to the tenant because of the tenant being required to vacate the unit prior to the expiration of the tenancy.
D.
Within 10 days following receipt of a note to abate an unlawful occupancy in violation of the Zoning Ordinance of the Borough of Leonia, or within 10 days following receipt of a summons for violation of this section or the Zoning Ordinance of the Borough of Leonia or prior to the institution of dispossess proceedings to correct an illegal occupancy, whichever first occurs, the owner of the residential premises within the Borough of Leonia shall serve upon all of the unlawful occupants using or occupying said residential premises a copy of the within section and shall post a copy of the section in a common area of the premises accessible to all the occupants thereof for inspection.
§ 290-63 Violations.
A.
Any person who violates this article shall be subject to a fine of $1,000 for a first offense and not less than $1,000 nor more than $2,000 for a second or subsequent offense.
[Amended 5-3-2010 by Ord. No. 05-10]