[Adopted 12-19-1990 by Ord. No. 92-1990[1]]
[1]
Editor's Note: This ordinance also repealed former Article
I, Basic Property Maintenance Standards, adopted 6-1-1988 by Ord.
No. 18-1988.
[Amended 9-22-1999 by Ord. No. 43-1999; 5-19-2004 by Ord. No.
35-2004; 4-8-2015 by Ord. No. 25-2015; 5-24-2023 by Ord. No. 34-2023]
There shall be three copies on file in the office of the City Clerk of the City of Atlantic City, marked and designated as the "International Property Maintenance Code" ("IPMC"); the edition shall be the same year corresponding to the current International Building Code ("IBC") as adopted by the New Jersey Division of Community Affairs ("NJDCA") Division of Codes and Standards for the Uniform Construction Code ("UCC"), which is hereby adopted as the Property Maintenance Code of the City of Atlantic City, State of New Jersey, which will regulate and constitute the minimum requirements for regulating and governing the conditions and maintenance of all property, buildings and structures by providing standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, a reasonable level of safety from fire and other hazards, and for a reasonable level of sanitary maintenance, the responsibility of owners, authorized agents, operators, and occupants, and the use and occupancy of existing structures and premises. The purpose is to establish minimum requirements to provide a reasonable level of health, safety, property protection and general welfare as affected by the continued occupancy and maintenance of structures and premises, and are hereby referred to, adopted and made part hereof, as if fully set forth in this article, as amended in § 207-2, and shall also include the provisions of Appendix A, Boarding Standards.
[Amended 10-23-1991 by Ord. No. 79-1991; 5-20-1992 by Ord. No.
51-1992; 5-11-1994 by Ord. No. 33-1994; 5-11-1994 by Ord. No.
34-1994; 11-9-1994 by Ord. No. 89-1994; 7-19-1995 by Ord. No.
49-1995; 9-25-1996 by Ord. No. 49-1996; 11-6-1996 by Ord. No.
60-1996; 2-28-2001 by Ord. No. 6-2001; 5-19-2004 by Ord. No.
35-2004; 11-25-2008 by Ord. No. 104; 4-8-2015 by Ord. No. 25-2015; 5-24-2023 by Ord. No. 34-2023]
The International Property Code is amended and revised as follows:
101.1 Title. These regulations shall be known as
the "International Property Maintenance Code (IPMC) of the City of
Atlantic City," hereinafter referred to as "this code."
103.1 Creation of agency. The Department of Licensing
and Inspections' Division of Code Enforcement is hereby created, and
the official in charge thereof shall be known as the "Code Official."
The function of the agency shall be the implementation, administration
and enforcement of the provisions of this code.
111.1.1 Unsafe structures. An unsafe structure
is one that is found to be dangerous to the life, health, property
or safety of the public or the occupants of the structure by not providing
minimum safeguards to protect or warn occupants in the event of fire,
or because such structure contains unsafe equipment or is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction
or unstable foundation that partial or complete collapse is possible
and referred to the Department of Licensing and Inspections' Division
of Construction for administration and enforcement.
112.1 Imminent danger. (Delete the entire paragraph)
Add: Refer to the Department of Licensing and Inspections' Division
of Construction for administration and enforcement.
113.1 Demolition. (Delete the entire paragraph)
Add: Refer to the Department of Licensing and Inspections' Division
of Construction for administration and enforcement.
302.4 Weeds. Premises and exterior property shall
be maintained free from weeds or plant growth in excess of six inches.
Noxious weeds shall be prohibited. "Weeds" shall be defined as all
grasses, annual plants and vegetation other than trees or shrubs;
provided, however, this term shall not include cultivated flowers
and gardens.
Upon failure of the owner or agent having charge of a property
to cut and destroy weeds after service of a notice of violation, they
shall be subject to prosecution in accordance with Section 108.3 and
as prescribed by the authority having jurisdiction. In all cases where,
after expiration of the notice and opportunity to comply with any
of the requirements set forth in this chapter, such condition is corrected
by the City or under the direction of the Department of Licensing
Inspections or by a contractor retained by the City, including, but
not limited to, mowing, removal of brush, weak, dead and dying trees,
stumps, roots, obnoxious growth, filth, garbage, trash and debris
removed from any land or property, the Director of Licensing and Inspections
or contractor, as the case may be, shall certify the cost thereof
to the City Administrator, who shall examine the certificate, and
if found correct shall cause the cost as shown thereon to be charged
against said lands.
The amount so charged, plus an administrative fee of $100, shall
forthwith become a lien upon such lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lands, the same to bear interest at the same rate as taxes, and
shall be collected and enforced by the same officers and in the same
manner as taxes.
304.14 Insect screens. During the period from May
to October, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of minimum
16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from October 1 to May 1 to maintain a minimum temperature of 68° F. (20° C.) in all habitable
rooms, bathrooms and toilet rooms.
602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 1 to maintain a minimum temperature of 65° F. (18° C.) during the
period the spaces are occupied.
[Added 11-9-1994 by Ord. No. 89-1994]
A.
Such notice to condemn buildings declared unfit for human occupancy
in accordance with Section 108.1.3 shall be as follows:
[Amended 5-19-2004 by Ord. No. 35-2004]
(1)
Whenever it appears to the Code Official that any building is
unfit for human habitation or occupancy or use, the Code Official
shall, if his or her preliminary investigation discloses a basis for
such charges, issue and cause to be served upon the owner of and parties
in interest in such building a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Code Official (or his or her designated agent) at a place therein
fixed not less than seven days nor more than 30 days after the serving
of said complaint; that the owner and parties in interest shall be
given the right to file an answer to the complaint and to appear in
person, or otherwise, and give testimony at the place and time to
extend the complaint; and that the rules of evidence prevailing in
the courts shall not be controlling in hearings before the public
officer.
(2)
If, after such notice and hearing, the Code Official determines
that the building under consideration is unfit for human habitation
or occupancy or use, he or she shall state, in writing, his or her
findings of fact in support of such determination and shall issue
and cause to be served upon the owner and parties in interest an order
requiring the repair, alteration or improvement of said building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the said building vacated and closed within the time set forth
in the order.
(3)
If the owner fails to comply with an order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired,
altered or improved or to be vacated and closed; the public officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
B.
Liens.
(1)
The liens provided for under Section 106.3 shall include the
following sums:
[Amended 4-8-2015 by Ord.
No. 25-2015]
(a)
The cost of the filing of legal papers, expert witnesses fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this Act determined in favor of the municipality.
(b)
Such cost of such repairs, alterations or improvements, or vacating
and closing, if any, or the amount of the balance thereof remaining
after deduction of the sum, if any, realized from the sale of materials
derived from such building shall be a municipal lien against the real
property upon which such cost was incurred.
(2)
If there are no such credits or if the sum total of such costs
exceeds the total of such credits, a detailed statement of the aforesaid
costs and the amount so due shall be filed with the Municipal Tax
Assessor or other custodian of the records of tax liens, and a copy
thereof shall be forthwith forwarded to the owner by registered mail.
If the total of the credits exceed such costs, the balance remaining
shall be deposited in the Superior Court by the public officer, shall
be secured in such a manner as may be directed by such court and shall
be disbursed according to the order or judgment of the court to the
persons found to be entitled thereto by final order or judgment of
such court.
(3)
Any owner or party in interest may, within 30 days from the
date of the filing of the lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
C.
Nothing in this section shall be construed to impair or limit in
any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this section intended to limit the authority
of the enforcing agency or construction official under the State Uniform
Construction Code Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.),
or any rules or regulations adopted thereunder.
[Added 6-28-2006 by Ord. No. 50-2006; 4-8-2015 by Ord. No. 25-2015]
Any tenant who received a notice of eviction pursuant to N.J.S.A.
2A:18-61.2(c) that results from zoning or code enforcement activity
for an illegal occupancy for uninhabitable conditions, as set forth
in N.J.S.A. 2A:18-61.1g(c), shall be considered a displaced person
and shall be entitled to relocation assistance through the City of
Atlantic City. The owner of the structure shall be liable for the
payment of relocation assistance pursuant to this section. In addition
to being required to pay reimbursement for relocation assistance,
an additional fine shall be paid by the owner of the structure for
each illegal occupancy, up to an amount equal to six times the monthly
rental paid by the displaced person. The City may pursue reimbursement
through the Department of Law by filing a civil action against the
owner or other responsible party or by filing a lien against the property
in the amount of the expenses and cost, or both, and an administrative
fee of $100 with the Tax Collector. The Tax Collector shall be responsible
for the collection of any liens filed with the said Tax Collector.
[Added 6-28-2006 by Ord. No. 50-2006]
All nonresidential buildings and premises subject to this chapter
are subject to annual inspections and any other inspections as necessary,
as determined by Field Property Improvement Officers and Zoning Officer(s).
At the time of such inspections, all rooms and parts of the premises
must be available and accessible for such inspections, and the owner
and operator are required to provide the necessary arrangements to
facilitate such inspections. Such inspections shall be made during
regular open hours of the business occupying said premises unless
there is reason to believe a violation exists of a character that
is an immediate threat to health or safety requiring inspection and
abatement without delay.
[Added 6-28-2006 by Ord. No. 50-2006]
A.
Where the Field Property Improvement Officers and Zoning Officer(s)
or his agent is refused entry or access or is otherwise impeded or
prevented by the owner or operator from conducting an inspection of
the premises, such person shall be in violation of this chapter and
subject to the penalties hereunder.
B.
Search warrant. In addition to the provisions of Subsection A, the Field Property Improvement Officers and Zoning Officer(s) may, upon affidavit, apply to the Municipal Court Judge of the City of Atlantic City for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, and, if the Municipal Court Judge is satisfied as to the matter set forth in said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the Municipal Court Judge upon affidavit of the Field Property Improvement Officers and Zoning Officer(s) establishing grounds thereof.
[Added 6-28-2006 by Ord. No. 50-2006; amended 1-27-2010 by Ord. No.
3-2010]
All person(s), corporations, associations, etc., who shall hold
legal and/or equitable title to any premises situated within the City
of Atlantic City and who do not permanently reside within the State
of New Jersey shall appoint an agent who resides within the State
of New Jersey to assume full legal duties and responsibility to maintain
and repair said premises under the provisions of this chapter and
regulations promulgated thereunder. The owner shall register said
agent with the City of Atlantic City Department of Licensing and Inspections.
The agent shall be known as "operator" for purposes of this chapter.
Failure to comply with the provisions of this section shall constitute
a violation of this chapter punishable by a fine of $1,000 per violation.
The responsibility for enforcement of this code shall be with
the Division of Code Enforcement.
