2388-13 Owner Responsibility for Rental Properties.pdf

2 be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the Township. b. The Public Official shall cause to be served upon the landlord, in person or by registered mail to the address appearing on the tax records of the Township, notice advising of the institution of proceedings under this Section, together with the particulars of the substantiated complaints upon which those proceedings are based, and of the time and place at which a hearing will be held in the matter, which shall be in the municipal building, municipal court or other public place within the Township, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed. 14-19.5 Designation of Hearing Officer The Hearing Officer shall be a licensed attorney appointed by the Mayor. A Hearing Officer shall not own or lease any real property within the Township, nor hold any interest in the assets of or profits arising from the ownership or lease of such property. 14-19.6 Hearing At the hearing convened pursuant to this Section, the Hearing Officer shall give full hearing to both the complaint of the Township 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 result in 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 Subsection 14-19.6 of this Section. 14-19.7 Bond a. Any bond required to be posted pursuant to this Section shall be in accordance with the judgment of the Hearing Officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for (1) damages likely to be caused to public or private property and damages consequent upon disruption of affected residents’ rights of fair use and quiet possession of their premises, (2) securing the payment of fines and penalties likely to be levied for such offenses, and (3) compensating the Township for the costs of repressing and prosecuting such incidents

n of their premises, (2) securing the payment of fines and penalties likely to be levied for such offenses, and (3) compensating the Township for the costs of repressing and prosecuting such incidents of disorderly behavior; but no such bond shall be in an amount less than $500 or more than $5,000. The Township may enforce the bond thus required by action in the Superior Court of New Jersey and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the Township. b. A bond or other security deposited in compliance with Subsection 14-19.6a of this Section shall remain in force and on deposit with the Township for a period of four (4) years. Upon expiration of the four-year period, the landlord shall be entitled to the discharge thereof, unless prior thereto further proceedings leading to a forfeiture of the bond or other security shall have occurred, in which case the security shall be renewed, in an amount