§ 344-14. Suspension or revocation of permit., Article I. General Regulations for Permittees and Tenants, Chapter 344. Rental of Property, Part II. General Legislation, Code of Ordinances, North Wildwood

Any permit issued for the operation of any hotel or tourism lodging hereunder may be suspended or revoked by the City Council of the City of North Wildwood, after complaint and notice to the permittee and opportunity afforded to the permittee to be heard, upon proof, by a preponderance of the evidence, that, at any time during either the current permit term or the immediately preceding permit term, the permittee or permittee's agent, the registered tenant or any other person violated the provisions of this chapter or violated any other City ordinance or law of the State of New Jersey or of the United States of America while in the licensed premises or while upon the property upon which the licensed premises are located or in reasonably close proximity to that real property, which includes by way of example, but not by way of limitation, the portion of a public right-of-way that is contiguous to the subject property.

A complaint seeking the revocation or suspension of a permit may be filed by any one or more of the following: Mayor, Director of Public Safety, Chief of Police, Construction Official, Building Inspector, Zoning Enforcement Officer, Property Maintenance Officer, Fire Official, Housing Inspector or Safety Officer. Such complaints shall be in writing and filed with the City Clerk. Such complaints shall be specific and shall be sufficient to apprise the permittee of the charges so as to allow the permittee to present a proper defense.

Upon the filing of such a written complaint, the City Clerk will immediately notify the City Administrator who, in consultation with the Mayor and Council President, shall schedule a date for a hearing before the City Council of the City of North Wildwood, or, at the discretion of the City Council, a hearing officer who is either a New Jersey licensed attorney or administrator or manager of a New Jersey municipality. The hearing shall not be held sooner than 10 days nor more than 30 days after the filing of the written complaint. In the event that the hearing is to be conducted by the City Council then it shall not be held until there has been compliance with the notice provisions of the Open Public Meetings Act. The City Clerk shall forward a copy of the complaint and a notice of the date, time and place of the hearing to the permittee and to the permittee's agent, if any. The complaint and notice may be hand-delivered or mailed simultaneously by regular and certified mail, return receipt requested, to the address of the permittee and his agent, if any, as set forth on the application for the permit. The complaint may be prosecuted by the City Solicitor, the Municipal Prosecutor or by any other New Jersey licensed attorney-at-law as designated by the Mayor.

At the hearing, the permittee may be represented by an attorney, and the permittee shall have the right to give evidence and cross examine witnesses, whose testimony shall be given under oath. Technical rules of evidence shall not be applicable to the hearing, but the City Council or the hearing officer, as the case may be, may exclude irrelevant, immaterial or unduly repetitious evidence.

A record of the proceedings shall be made by a stenographer or by tape or other recording, and a transcript of the proceedings shall be prepared at the request and expense of the permittee or permittee's agent. Upon conclusion of the hearing, a written decision shall be rendered within 30 days, and, promptly thereafter, a copy of the decision shall be mailed to the permittee and his, her or its agent, if any, by regular and certified mail to the address set forth on the permittee's permit application and simultaneously to the City Council if the written decision is rendered by a hearing officer. The aforementioned time frame may be extended if additional time is needed to obtain and review the transcript. The written decision shall include findings of fact and conclusions of law. The decision shall be either a dismissal of the complaint, the suspension of the permit or a revocation of the permit. In the case of a first offense, a permit revocation may be suspended, at the sole discretion of the City Council, for a period of up to 30 days, and if the offender commits no further offense within that thirty-day period, the complaint would then be dismissed. A written decision rendered by a hearing officer shall not be considered a final decision until such time as it is reviewed by the City Council. Upon review by the City Council, the written decision of the hearing officer shall be adopted, modified or rejected and the City Council's decision in that regard shall be evidenced by a resolution duly adopted by it at any meeting held in compliance with the Open Public Meetings Act. The City Council's decision shall be considered the final decision and a true copy of its resolution shall be mailed by the City Clerk to the permittee and his, her or its agent, if any, by regular and certified mail to the address set forth on the permittee's permit application.

In addition to the cost of the transcript of the hearing, the permittee or permittee's agent, as the case may be, shall also be responsible for the costs incurred in connection with the mailings, and the failure to pay such costs within 30 days of billing shall result in an automatic and immediate suspension of the permit, which suspension shall continue until the payment has been made.

In any hearing before the City Council or hearing officer proof that, at any time during either the current permit term or the immediately preceding permit term, the permittee or permittee's agent, the registered tenant or any other person violated the provisions of this article or violated any other City ordinance or law of the State of New Jersey or of the United States of America while in the licensed premises or while upon the property upon which the licensed premises are located or in reasonably close proximity to that real property, which includes by way of example, but not by way of limitation, the portion of a public right-of-way that is contiguous to the subject property, shall constitute a presumption that good cause exists for revocation of the permit. Similarly, the generation of an excessive number of nuisance calls to the North Wildwood Police Department or North Wildwood Fire Department regarding the subject property shall constitute a presumption that good cause exists for the suspension of the permit.

Upon the expiration of the suspension, the permittee shall reapply for permit reinstatement in accordance with § 344-4 of this chapter; however, in such event the applicant must also obtain the following prior to permit reinstatement:

(1)

Satisfactory inspection by the North Wildwood Board of Health.

(2)

Satisfactory inspection by the North Wildwood Construction Official.

(3)

Proof that all outstanding municipal tax, water and sewer bills relative to the subject premises have been paid in full.

(4)

Proof that the annual fire prevention fees have been paid in full and that the subject premises are in compliance.

(5)

A zoning compliance certification from the Zoning Officer.

(6)

A current business registration certificate issued by the State of New Jersey.

(7)

A review form completed by the North Wildwood Police Department relative to criminal and disorderly activities on site within the past year.

(8)

A statement disclosing the name and telephone number of the individual or agent who is responsible for supervision of the premises and an acknowledgment that said individual will be responsive to police in an emergency or in case of a disturbance on site.

(9)

Failure to procure a permit prior to commencing business shall be deemed to be in violation of this article.