LAKEHURST – Andrew Decker wanted to make a little extra money and having seen an online business concerning leasing property on an hourly basis to pet owners, decided to give it a try.
Dog owners would pay a nominal fee to rent his backyard property an hour, one dog at a time, but the app company advised users to check first with their municipality to learn of any applicable permit fees involved with that service and that is something Decker failed to do.
Borough Attorney Ian Goldman is researching the matter further but Decker has to go to court for a violation notice he received from the Code Enforcement Office.
During a recent Lakehurst Council meeting, Decker explained his predicament to Mayor Harry Robbins and the members of Council.
The Church Street homeowner explained that he was not operating a kennel on his property. “I know some people were concerned, so I wanted to clarify a few things as I think there is a misunderstanding as to what is actually happening.
“I rent the property on the hour to one dog owner at a time. It is only on one part of the property. There is only one dog on the property at a time. If there is a noise ordinance pertaining to the property I will follow those rules as well,” Decker said.
Decker said, “the reason I didn’t think this would be an issue is because it is a rental. People rent houses and I don’t think there is an ordinance against short term rentals and I don’t see a difference between someone renting an Air B&B and me renting property for a dog.”
Mayor Robbins asked if he talked to Borough Hall before starting this business, “to see if there was going to be a problem?”
“I did not,” Decker said.
The mayor added that he had read the firm’s website and “it actually says that you should check with the town first. As far as I know even renters have to register and pay a registration fee. At least that should have been done.”
“This is a business, you are making money from this,” Councilwoman Patricia Hodges said.
“Those doing rentals are also making money,” Decker responded.
“That is true but it is a residential situation. You are zoned residential,” Hodges replied.
Decker pointed out, “everyone renting in Lakehurst on a short-term basis are doing so in a residential zone. It is a rental.” He brought up the comparison to renting an Air B&B.
Councilman Robert McCarthy responded “that is something very different.”
Decker said he wasn’t living at the property at the moment but visited it on a regular basis.
Goldman brought up that it was a commercial use in a residential neighborhood and “I have to familiarize myself with the ordinances of Lakehurst on this. To compare what you are doing to neighboring towns and a quality-of-life issue, I will look at this, this week and research the ordinance.”
Decker said he was a host to the website of the app’s firm that advertises this type of service. “A police officer came to my house and that was the first official notice I received. The next day he dropped off the paper but I have taken down (the ad) until the results.”
“If anything, it is providing a place for people to bring their dog locally,” Decker said.
“Let’s let the attorney do his investigation and research and once he has his findings will get back to you,” the mayor said.
Decker noted he has a court date for the violation notice he received of September 5. “I’m wondering what I should do prior to the court date?”
While the mayor said he should try to postpone it, Goldman noted that “we can’t give legal advice. You should consult a counsel.”
Decker asked as to whether the policy was to issue a violation without first issuing a warning. Goldman said that if there is a suspected violation code enforcement has the authority to cite a violator without a warning.
Karen McPartlin, Decker’s aunt, spoke next. “What I will touch on is that he had no written notification other than a police officer coming to his door. He was told he was mailed a notice but he has an app that checks when his mail is coming in and he never received a written notice. I find it interesting that he wasn’t given any notice or warning before this was issued.”
“I’ve seen it with other people in town where they did get a warning and it really upset me,” she said acknowledging that her nephew should have checked with Borough Hall on any procedures to follow.
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