§ 344-17. Service of notice to landlord; hearing; bond requirements.

A. 

If, in any twelve-month period, two complaints, as defined in § 344-16 hereof, on separate occasions, of disorderly, indecent, tumultuous, or riotous conduct, including, by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, or excessive noise, 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, the City Council or any officer or employee of the City of North Wildwood so designated by the City 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.

B. 

In the event that a tenant is convicted of any of the conduct described in Subsection A of this section, the governing body or the officer or employee designated pursuant to Subsection A of this section shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the City of North Wildwood.

C. 

The City Council or any officer or employee of the municipality designated by the City Council shall cause to be served upon the landlord, in person or by registered mail or by certified mail, return receipt requested, to the address appearing on the tax records of the City of North Wildwood, notice advising of the institution of such proceedings, together with the particulars of the substantiated complaint upon which those proceedings are based and of the time and place at which the hearing will be held in the matter, which shall be in the Municipal Building, Municipal Court or such other public place as designated by the City Council and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.

D. 

At the hearing convened pursuant to Subsection C 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 or offering such evidence, may present. At the conclusion of the hearing, the officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this article.

E. 

Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in the 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:

(1) 

Make reparation for damages likely to be caused to public or private property consequent upon disruption of affected residents' rights of fair use and quiet enjoyment of their premises; and

(2) 

Secure the payment of fines and penalties likely to be levied for such offenses; and

(3) 

Compensate the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; provided, however, that no such bond shall be in an amount less than $500 nor more than $5,000. The municipality may enforce a bond thus requiring an action in the Superior Court 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 municipality.

F. 

Any bond or other security deposited in compliance with Subsection E(3) above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under § 344-18 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void the requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security and shall be subject to injunctive proceedings as authorized by Subsection E above in the same manner as the landlord upon which the requirement was originally imposed; provided, however, that the City Council may, by resolution, shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control if, during that year, no substantiated complaints are recorded with respect to the property in question.