[Ord. No. 1094 §§ 1- 8; Ord. No. 1431 § XLV; Ord. No. 1504 (2011) § XV]
There is hereby established in the City of Sea Isle City a State Uniform Construction Code enforcing agency to be known as the Construction Office headed by the Building Official of the City, who shall be the Building Subcode Official and Construction Official and who has heretofore been known as the Construction Official of the City. There is hereby established in the City of Sea Isle City a Plumbing Subcode Official, an Electrical Subcode Official, a Building Subcode Official and a Fire Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs of the State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to N.J.S.A. 1975, C. 217 (N.J.S.A. 52:27D-119 et seq.) as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.S.A. 1975, C. 217 (N.J.S.A. 52:27D-119 et seq.) and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
On or before February 10 of each year, the Construction Official shall, with the advice of the subcode officials and in consultation with the City Finance Officer, prepare and submit to the City, annually, a report recommending a fee schedule based on the operating expenses of the agency, and any expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect, in addition to the fees specified above, a surcharge fee in the amount of $0.00371 per cubic foot of volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be in accordance with N.J.A.C. 5:23-4.19(b), which shall be $1.90 per $1,000 of value of construction. The surcharge fee shall be accounted for and forwarded to the Bureau of Regulatory Affairs, Department of Community Affairs, State of New Jersey, on a quarterly basis in conjunction with Report Number R840B, State Training Fee Report, in accordance with N.J.A.C. 5:23-4.5(e). Fees remitted shall be for the quarter. Checks shall be made payable to "Treasurer, State of New Jersey."
[Amended 8-27-2019 by Ord. No. 1637]
Fire limits will be established pursuant to N.J.A.C. 5:23 by Ordinance.
The Construction Official shall prepare and submit to the Mayor of the City, annually, a report reevaluating the delineation of the fire limits when established. This report shall indicate the recommendation of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Ord. No. 1094 § 10-1.2; Ord. No. 1193 §§ I-XII; Ord. No. 1220 §§ X, XI; Ord. No. 1224 § I; Ord. No. 1264 § I-VIII; Ord. No. 1295 §§ V, VIII; Ord. No. 1353 §§ I- IX; Ord. No. 1418 § I; Ord. No. 1598-2016 § 1; Ord. No. 1615 (2017) §§ 15, 16; Ord. No. 1618 (2018) § 3]
The fee for a Construction Permit shall be the sum of the subcode fees listed in this subsection and shall be paid before a Permit is issued.
Building Subcode Fee. The Building Subcode Fee shall be:
For new construction, $0.036 per cubic foot of building or structure volume, provided that the minimum fee shall be $45, and provided also that accessory buildings of 100 square feet or less shall have a fee of $45;
[Amended 8-27-2019 by Ord. No. 1637]
For renovations, alterations and repairs, and any other construction not covered by volume computation, $32 per $1,000 when the renovation's estimated cost does not exceed $50,000. An additional fee of $24 per $1,000 will be charged for the portion of renovations, alterations and repairs that cost between $50,001 up to and including $100,000. Finally, an additional fee of $21 per $1,000 will be charged for the portion of renovations, alterations and repairs that costs above $100,000. The minimum fee shall be $45.
[Amended 8-27-2019 by Ord. No. 1637]
For additions, $0.0130 per cubic foot of building or structure volume for added portion, provided that the minimum fee shall be $45.
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
Foundation Bonding. The foundation bonding fee shall be $26.
Plumbing Subcode fee. The Plumbing Subcode fee shall be $15 per unit, provided that the minimum fee shall be $45. Any plumbing work involving altering or installing drainage, waste, venting, potable water lines, gas or oil lines requiring a permit will be charged a fee of six units.
[Amended 8-27-2019 by Ord. No. 1637]
Electrical Subcode Fee. The Electrical Subcode Fee shall be as follows, provided that the minimum fee shall be $45:
For the first block consisting of two to 50 receptacles, fixtures or devices, the fee shall be $47; for each additional block consisting of up to 25 receptacles, fixtures or devices, the fee shall be $8. For the purpose of computing this fee, receptacles, fixtures or devices shall include lighting fixtures, wall switches, convenience receptacles, sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light standards eight feet or less in height, including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less, including motors or equipment rated less than one horsepower (hp) or one kilowatt (kW).
[Amended 8-27-2019 by Ord. No. 1637]
For each motor or electrical device rated from two hp or two kW to 10 hp or 10 kW; for each transformer or generator rated from two kW or two kva to 10 kW or 10 kva; for each replacement of wiring involving one branch circuit or part thereof; for each storable pool or hydro massage bathtub; for each underwater lighting fixture; for household electric cooking equipment rated up to 16 kW; for each fire, security or burglar alarm control unit; for each receptacle rated from 30 amperes to 50 amperes; for each light standard greater than eight feet in height including luminaries; and for each communications closet, the fee shall be $13.
For each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp or 50 kW; for each service equipment, panel board, switch board, switch gear, motor control center, or disconnecting means rated 225 amperes or less; for each transformer or generator rated from greater than 10 kW or 10 kva to 45 kW or 45 kva; for each electric sign rated from greater than 20 amperes to 225 amperes including associated disconnecting means; for each receptacle rated greater than 50 amperes; and for each utility load management device, the fee shall be $56.
For each motor or electrical device rated from greater than 50 hp or 50 kW to 100 hp or 100 kW; for each service equipment, panel board, switch board, switch gear, motor control center or disconnecting means rated from greater than 225 amperes to 1,000 amperes; and for each transformer or generator rated from greater than 45 kW or 45 kva to 112.5 kW or 112.5 kva, the fee shall be $111.
For each motor or electrical device rated greater than 100 hp or 100 kW; for each service equipment, panel board, switch board, switch gear, motor controlled center or disconnecting means rated greater than 1,000 amperes; and for each transformer or generator rated greater than 112.5 kW or 112.5 kva, the fee shall be $549.
The fee charged for electrical work for each permanently installed private swimming pool as defined in the Building Subcode, spa, hot tub, or fountain shall be a flat fee of $62 which shall include any required bonding, and associated equipment such as filter pumps, motors, disconnecting means, switches, required receptacles, and heaters, etc., excepting panelboards and underwater lighting fixtures. For public swimming pools, the fee shall be charged on the basis of number of electrical fixtures and rating of electrical devices involved in accordance with subsection 10-1.2a3(a) through (e) above.
The fee charged for the installation of single and multiple station smoke or heat detectors and fire, burglar or security alarm systems in any one or two-family dwellings shall be a flat fee of $28 per dwelling unit. For fire, burglar and security alarm systems and detectors in buildings other than one or two-family dwellings, the fee shall be charged in accordance with subsection 10-1.2a3(a) and (b) above.
For installations consisting of multimeter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters of rating of disconnects on the meter stack. Individual roadside panel boards shall be charged in accordance with subsection 10-1.2a3(c), (d) or (f) above. There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
For motors or similar devices requiring concurrent installation of individual controls, relays and switches, the fee shall be based only upon the rating of the motor or device. There shall be no additional fee charged for the concurrent installation of individual circuit and components, for example, controllers, starters, and disconnecting means.
For electric work requiring replacement of service entrance conductors or feeder conductors only, the fee shall be the designated ampere rating of the overcurrent device of the service or feeder as follows:
The fee charged for process equipment shall be based on the ampere rating of the overcurrent device protecting the conductor feeding the process equipment or the cutoff device.
For purpose of computing these fees, all electrical and communications devices, utilization equipment and motors which are part of premises wiring, except those which are portable plug-in type, shall be counted.
The fee charged for annual pool/spa/hot tub inspections shall be $100.
[Added 8-27-2019 by Ord. No. 1637]
Asbestos Hazard Abatement Fee. The removal or handling of any materials containing, believed to be containing, or likely containing asbestos, require prior approval by the Construction Official. The Construction Official shall issue a permit for an asbestos hazard abatement project upon payment of a flat fee of $100.
The Fire Subcode fees shall be as follows:
[Amended 8-27-2019 by Ord. No. 1637]
The minimum Fire Subcode fee shall be $45.
For each gas or oil-fired appliance not connected to the plumbing system and for each kitchen exhaust system, the fee shall be $56 per appliance or system. For each incinerator or crematorium, the fee shall be $365.
For the first 12 smoke and/or carbon monoxide detectors: $36. For each additional group of 25, the fee shall be $12.
Ansul system: $65 flat fee.
Fire pump added to sprinkler system: $50.
Alarm panel: $30.
Mechanical Subcode fees shall be as follows:
For new installation or replacement of mechanical equipment and HVAC systems in an existing building of R3 and R5 construction type:
Elevator inspections and subcode fees. Elevators, escalators, moving walks, and dumb-waiters shall be inspected by and the subcode fees shall be the same as the State of New Jersey, Department of Community Affairs, pursuant to N.J.A.C. 5:23-12.
The fee for plan review shall be 20% of the amount to be charged for the Construction Permit, with a minimum fee of $50 to be paid at the time the permit is issued. The amount paid for this fee shall be included in the amount of the fee to be charged for the Construction Permit. When a department plan review fee has been collected pursuant to the regulations or when a plan review is waived, then the enforcing agency construction permit fee shall be reduced by 20% from the amount otherwise specified in the municipal enforcing agency fee schedule. Review fees are not refundable.
The fee for a permit for demolition of a building or structure shall be $500, except when a building or structure suffers a total loss from fire, storm or other casualty the City shall waive the fee for a demolition permit.
The fee for a permit for moving a building or addition shall be $1,000 and shall accompany the application pursuant to subsection 10-7.3.
The fee for a permit to construct a sign shall be $1.20 per square foot of the surface area of the sign, provided that the minimum fee shall be $45. The fee is based on one side of double signs. In the case of double faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation. For irregular shaped signs, the square footage shall be computed by multiplying the overall width, by the overall length.
The fees for Certificates of Occupancy shall be as follows:
The fee for a Certificate of Occupancy shall be 10% of the Construction Permit Fees; provided that the minimum fee shall be $25 and shall be paid before the Certificate is issued.
The fee for a Certificate of Continued Occupancy shall be $120.
The fee for the Certificate of Occupancy pursuant to a change of use shall be $120.
The fee for installation of an elevator in structures in any use group shall be $260 per elevator. The fee for installation of dumbwaiters in use group R-3 and R-5 or otherwise exempt devices in R-2 structures shall be $50.
In computing fees, the result of which comes out to both dollars and cents, the fee shall be rounded to the next dollar amount.
Refunds. In the case of discontinuance of a building project, the volume of the work actually completed shall be computed, any excess for the uncompleted work shall be returned to the permit holder, except that all penalties that may have been imposed on the permit holder under the requirements of the regulations shall first be collected. Plan review fees are not refundable.
The fee for the renovations, alterations, re-roofing, repairs, and site construction associated with pre-manufactured construction and the external utility connections for pre-manufactured construction shall be $14 per $1,000 of estimated costs.
Should a contractor, builder or owner of properties desire to have any subcode inspection or final inspection scheduled on a more expeditious basis than the time scheduled by the Construction Office of Sea Isle City, there shall be a special inspection and fee charged for such special inspection. The special inspection fee is in addition to any other fee charged by the Construction Office. The fee for said special inspection shall be $35. The scheduling of the special inspection shall be at the availability of the inspector. No guarantee is made that a special inspection will be completed in a specified time period.
Temporary structures and all structures for which volume cannot be computed, such as swimming pools and open structural towers, shall be $95.
[Added 8-27-2019 by Ord. No. 1637]
[Ord. No. 869 § 1; Ord. No. 1305 § II]
Within 25 days of the expiration date of any construction permit, a ninety-day extension of the permit may be obtained from the Construction Official. The fee for an extension shall be $50 and no more than three extensions shall be granted. Any applicant shall be bound to follow any changes in the Zoning Ordinance after the initial building permit expires.
[Ord. No. 1305 § 11]
It shall be the responsibility of any contractor/builder to provide each job site with one chemical toilet facility. As an alternative to providing the chemical toilet facility a contractor/builder may present proof of (1) working sanitary sewer connection at the job site location and (2) permission of the owner of the property allowing use of the toilet facility by the contractor/builder.
Said toilet facility shall be located on the job site location in a spot convenient for the employees or in a location as directed by the Construction Official. No construction permit shall be issued until proof of arrangement for the appropriate toilet facility or permission by the property owner to use existing toilet facility has been made by the contractor/builder. The Construction Official shall enforce the provisions of this section.
[Ord. No. 1378 § I; Ord. No. 1468 (2009) § VI]
Where containers for solid waste materials are to be sited on construction sites on private property, such equipment shall be located a reasonable distance from the property lines of adjoining properties. If, in the reasonable judgment of the Construction Official, such equipment is not and cannot be located a reasonable distance from the property lines of adjoining properties, the Construction Official may request the contractor and/or property owner to erect barriers or screens around the equipment to minimize the impact that such equipment has on adjoining properties. A sketch of the screen or barrier to be employed and a sketch of the site indicating the placement of the construction equipment shall be provided to the Construction Official for his review. The reasonable judgment of the Construction Official shall constitute grounds for the Construction Official directing the movement of the construction equipment to a location other than that proposed by the contractor or property owner.
Containers for solid waste materials must be dumpsters of a minimum 10 cubic yards. These dumpster-type containers must have at least 400 square inches of reflective material visible on each side, preferably along each outside corner. All containers shall be covered consistent with the requirements of Chapter 18, Subsection 18-3.2c.
[Amended 8-13-2019 by Ord. No. 1638]
No container for solid waste materials shall be located on a construction site without the property owner and/or contractor first obtaining a permit for same from the Construction Official. At the time of issuance of the permit the Construction Official shall collect a fee of $50 for permits issued for containers that will be placed on the street only.
Containers for solid waste materials must be used at construction or demolition sites or at other exceptional sites as approved by the Construction Official. Containers may not be used by commercial business enterprises such as restaurants or retail stores for normal removal and disposal of trash, unless otherwise permitted by ordinance.
Construction equipment and containers must bear the name, address, and phone number of the refuse service to whom they belong along with all other information that may be required by the City Construction Official and the municipal, county, state, and federal regulations.
It shall be the responsibility of the contractor and/or the property owner to see that the construction equipment or container is placed at the site in the manner and location that complies with this subsection.
The Construction Official shall conduct a periodic inspection of the construction equipment or container and its location. If, after the construction equipment or container is in place, it is determined that the construction equipment or container is a hazard to traffic or to the health, safety, or welfare of the area in question or of the City in general, the Construction Official may order, in writing, the contractor and/or property owner to remove the construction equipment or container to a safe location. If a safer location cannot be secured, the Construction Official may order the construction equipment or container removed entirely. Should the contractor and/or property owner fail or refuse to remove the construction equipment or container upon notification of an unhealthful, hazardous, or unsafe condition, the Construction Official may cause the construction equipment or container to be removed by the City or contracted personnel. Upon any such removal, the City will be entitled to reimbursement from the contractor and/or property owner of all costs of the removal, including any attorney's fees and court costs.
If the Construction Official grants a contractor and/or property owner permission to allow the parking of construction equipment or containers in a public place, the contractor and/or property owner shall be required to install skip-plates or other equipment so as to minimize damage caused by the equipment to the street, sidewalk, or other public right-of-way.
[Ord. No. 1305 § II; Ord. No. 1378 § II]
Any person, firm, association, partnership or corporation violating Section 10-3 shall, upon conviction before the Judge of the Municipal Court, or other officer having jurisdiction be subject to a fine not exceeding $1,250 or imprisonment in the County Jail for a term not exceeding 90 days, all of the aforesaid, however, being in the discretion of the Judge or other official having jurisdiction. Any repetition of any violation of this section shall be deemed a new offense, and each day any such violation is permitted to continue shall be deemed a new offense.
[1976 Code § 7-2; Ord. No. 869; Ord. No. 1026; Ord. No. 1193; Ord. No. 1220; Ord. No. 1264; Ord. No. 1295; Ord. No. 1305; Ord. No. 1431; deleted by Ord. No. 1615 (2017) § 14]
[1976 Code § 13-1]
The City hereby declares and finds that there exists and may hereafter exist in this City buildings which are unfit for human habitation, occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such buildings unsafe or unsanitary or dangerous or detrimental to the health or safety, or otherwise inimical to the welfare of the residents of the City, and the City desires to exercise the powers set forth in Section 40:48-2.3 et seq., of the New Jersey Statutes Annotated and any amendments thereof or supplements thereto.
[1976 Code § 13-2; Ord. No. 1431 § XLVII]
As used in this section:
- Shall mean any building or structure, or part thereof, whether used and occupied for human habitation or otherwise, and includes any outhouses or appurtenances belonging thereto or usually enjoyed therewith.
- Shall mean the holder or holders of the title in fee simple.
- PARTIES IN INTEREST
- Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in possession thereof.
- PUBLIC AUTHORITY
- Shall mean any officer who is in charge of any department or branch of the government of the City relating to health, fire, building regulations or to other activities concerning buildings in the City.
- PUBLIC OFFICER
- Shall mean the officer or officers who are authorized by this section to exercise the powers prescribed by this section.
[1976 Code § 13-3; New]
The Code Enforcement Officer is hereby designated as the person having authority as the "public officer" to exercise the powers herein prescribed and according to the procedures set forth herein.
[1976 Code § 13-4]
Whenever a petition is filed with the public officer by a public authority or by at least five residents of the City charging that any building is unfit for human habitation, occupancy or use, or whenever it appears to the public officer (on his own motion) that any building is unfit for human habitation, occupancy or use, the public officer shall, if his 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 public officer (or his/her designated agent) at a time and place therein stated not less than 10 days or more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or by an authorized representative, and give testimony at the time and place fixed in the complaint. The rules of evidence prevailing in Court proceedings shall not be controlling in such hearings.
[1976 Code § 13-5; New]
If the public officer, after such notice and hearing, determines that the building under consideration is unfit for human habitation he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest, an order that:
If the repair, alteration or improvement of the building can be made at a cost not to exceed 10% of the value of the building, which value shall be determined by the Code Enforcement Officer of the City, such officer is authorized to issue an order requiring the owner to make repairs to the extent and within the time specified in the order, to render it fit for human habitation, occupancy and use or, at the option of the owner, to vacate and close the building and cease to use it; or
If the repair, alteration or improvement of the building cannot be made at a cost not to exceed 10% of the value of the building, which value shall be determined in the manner aforesaid, such officer is authorized to issue an order requiring the owner, within the time specified in the order, to repair, remove or demolish the building.
[1976 Code § 13-6]
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 the 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 dwelling so ordered closed, a placard containing notification that the building shall not be used or occupied. It shall be unlawful for any person to own, have, keep, maintain or live in any building on which there has been posted a placard as herein provided for, or to remove or cause the removal of any such posted placard.
If the owner fails to comply with an order to remove or demolish the building, the public officer may cause the building to be removed or demolished.
[1976 Code § 13-7]
The amount of the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition shall be a municipal lien against the real property upon which the cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of the building and shall credit the proceeds of the sale against the cost of the removal or demolition and any balance remaining shall be deposited in the office of the Clerk of the Superior Court by the public officer, and it shall be disbursed by the Court to the persons found to be entitled thereto by judgment of the Court; provided, however, that nothing in this subsection shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, in any manner agreeable to law.
[1976 Code § 13-8]
The public officer may determine that a building is unfit for human habitation if he finds that conditions exist in the building which are dangerous or injurious to the health or safety of the occupants of it, or the occupants of neighboring buildings or other residents of the City. Without limiting the generality of the foregoing, such conditions may include the following: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects or uncleanliness.
[1976 Code § 13-9]
It shall be unlawful for any person to have, keep or maintain a building that is unfit for human habitation, occupancy or use or which is dangerous or injurious to the health or safety of the occupants of it or the occupants of neighboring dwellings or other residents or people of or in the City, as specified in this section.
[1976 Code § 13-10]
Any complaint or complaints, order or orders issued by the public officer pursuant to the provisions of this section shall be served upon persons either personally or by registered mail, but if the whereabouts of any such person is unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, the public officer shall make an affidavit to that effect and then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County and circulated in the City. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of the complaint or order shall be duly recorded or lodged for record with the County Clerk.
[1976 Code § 13-11]
The public officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to the other powers herein granted:
To investigate the dwelling and building conditions in the City in order to determine which buildings therein are unfit for human habitation, occupancy or use;
To administer oaths, affirmations, examine witnesses and receive evidence;
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such lawful manner as to cause the least possible inconvenience to the persons in possession;
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this section. The officers, agents and employees to whom the powers and functions of the public officer have been delegated, are hereby authorized to exercise the powers contained herein and as established by law.
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[1976 Code § 13-12; Ord. No. 1431 § XLVIII]
Any repair, alterations, improvement, removal or demolition, as above provided, may be performed by the City, through its proper officials or employees, or the City may contract with any person to render such service on behalf of the City, under its control and direction, and pursuant to specifications showing in detail the service to be rendered and to rules and regulations adopted by the Mayor for the same, and upon ample security for proper performance being given to the City. The procedure to be followed in adopting any such contract shall be in accordance with N.J.S.A. 40:48-5, or any amendment, supplement or revision thereof. The City may recover the cost thereof from the owner by legal action, which action shall be in addition to any other remedy provided for by this section, and shall not make void any lien upon real estate provided by this section, nor prevent the imposition of any penalty imposed for violation of this section or any ordinance of this City.
[1976 Code § 13-13]
Nothing in this section shall be construed to abrogate or impair the powers of any department of the City to enforce any provisions of its Charter or other statute, or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition to and supplemental to the powers conferred by any other ordinance of the City. The City hereby adopts and accepts all of the powers granted by the laws of New Jersey and any and all other powers, express or implied, which now are or may hereafter be enacted in reference to the subject matter of this section.
[1976 Code § 13-14; Ord. No. 758 § 2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1 et seq., the "New Jersey State Housing Code (1980 Revision)," as approved by the Department of Community Affairs and filed in the Secretary of State's Office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in the City are safe, sanitary and fit for human habitation and rental. A copy of the "New Jersey State Housing Code (1980 Revision)," has been placed on file in the office of the City Clerk and are available to all persons desiring to use and examine the same.
[1976 Code § 13-15]
Whenever any inconsistency exists between the provisions of the State Housing Code and subsection 10-5.13, the provision which prescribes the most rigid regulation respecting the vacating, placarding and demolition of dwellings unfit for human habitation shall prevail; provided, however, that any dwelling designed and occupied as a seasonal dwelling, between May 1 and October 31, or during any portion of such period in any year, shall be and is exempted from the heating equipment requirements prescribed by Section 8 of the State Housing Code.
[1976 Code § 13-16; Ord. No. 758 § 1]
The Housing Inspector and/or Health Officer of the City is hereby designated as the officer to exercise the powers prescribed by the within section and he/she shall serve in such capacity without any additional salary.
[1976 Code § 13-17; Ord. No. 613 § 1; Ord. No. 758 § 3]
The Housing Inspector and/or Health Officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units, and premises located within the City in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections the Housing Inspector and/or Health Officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupants of every dwelling, dwelling unit, and rooming unit, or the person in charge thereof, shall give the Housing Inspector and/or Health Officer free access to the dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his/her agent or employee, access to any part of the dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[1976 Code §§ 13-18, 13-19; Ord. No. 613 § 1; Ord. No. 758 § 4; Ord. No. 1431 §§ L- LII]
Whenever the Housing Inspector and/or Health Officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this section or of any rule or regulation adopted pursuant thereto, he/she shall give notice of the alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall:
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires; and
Be served upon the owner or his/her agent, or the occupant, as the case may require, provided that such notice shall be deemed to be properly served upon him/her personally; or upon such occupant, if a copy thereof is served with such notice by any other method authorized or required under the laws of this State. The notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Administrator, provided the person shall file in the office of the Director of Public Works, Parks and Public Property, a written petition requesting the hearing and setting forth a brief statement of the grounds therefor within 10 days after the date the notice was served. Upon receipt of the petition, the Administrator shall set a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be commenced not later than 10 days after the day on which the petition was filed; provided that upon application of the petitioner, the Administrator may postpone the date of the hearing for a reasonable time beyond the ten-day period, if in his judgment, the petitioner has submitted a good and sufficient reason for the postponement.
After the hearing the Administrator shall sustain, modify, or withdraw the notice, depending upon the findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Administrator sustains or modifies such notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Director of Public Works, Parks and Public Property within 10 days after the notice is served. The proceedings at the hearing, including the findings and decision of the Administrator shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Director of Public Works, Parks and Public Property. The record shall also include a copy of every notice or order issued in connection with the matter.
Any person aggrieved by the decision of the Administrator may seek relief therefrom in any Court of competent jurisdiction, as provided by the laws of this State.
Whenever the Housing Inspector and/or Health Officer finds that an emergency exists which requires immediate action to protect the public health, or safety, he/she may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he/she deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Administrator shall be afforded a hearing as soon as possible. After the hearing, depending upon the findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Administrator shall continue the order in effect, or modify it, or revoke it.
[1976 Code § 13-20; Ord. No. 758 § 5; Ord. No. 1431 § LIII]
The Administrator is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section, provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in anyway alter, amend, or supersede any of the provisions thereof. The Administrator shall file a certified copy of all rules and regulations in his/her office and in the office of the City Clerk.
[1976 Code § 31-21; Ord. No. 758 § 6]
No person shall occupy as owner occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the "New Jersey State Housing Code (1980 Revision)," established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. No. 758 § 7]
Any person, firm or corporation who shall violate any of the provisions of this section shall be liable, upon conviction, for the penalty stated in Chapter 1, Section 1-5. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 853 Preamble; Ord. No. 1431 § LIV]
The Governing Body has determined that the moving of buildings and additions to buildings within the City has caused serious traffic congestion on the access ramps to the Sea Isle City Boulevard Bridge over Ludlam Thorofare and on the streets of Sea Isle City, particularly in the summer season.
The Governing Body has determined that such movement of buildings and additions to buildings prevents the free circulation of traffic in the City, impeding rapid and effective fighting of fires and the immediate disposition of police forces, thereby endangering the health, safety and welfare of both residents and visitors of the City.
The Governing Body, as municipal officials, acknowledge their responsibility to the residents and visitors of the City in protecting their health, safety and welfare.
[Ord. No. 853 § 1]
No person, firm, partnership, association, corporation, company or organization of any kind (hereinafter referred to as "person") shall move any building or addition to a building over, along or across any street in the City without first obtaining a permit from the Construction Official. It is hereby declared unlawful for anyone to move a building or an addition to a building within the City limits from June 15 to September 15 in each year.
[Ord. No. 853 § 2; Ord. No. 868 § 1; Ord. No. 1188 § I]
A person seeking issuance of a permit hereunder shall file an application for the permit with the Construction Official as follows:
Form. The application shall be in writing, upon forms provided by the City and shall be filed in the office of the Construction Official.
Content. The application shall set forth the following:
A description of the building or addition proposed to be moved, giving street number, construction materials, dimensions, number of rooms and condition of the exterior and interior.
A description from the Municipal Tax Map of the Lot and Block where the building or addition is located.
A description from the Municipal Tax Map of the Lot and Block to which the building or addition is to be moved.
The portion of the lot to be occupied by the building or addition when moved.
The streets over, along or across which the building or addition is proposed to be moved.
The proposed moving date, which shall only be between September 16th through June 14th, and the hours of the move, which shall begin after 9:00 a.m. and are to be concluded by 2:00 p.m.
Any additional information which the Construction Official shall find necessary to determine whether a permit should issue.
A description of the proposed traffic control devices and personnel that will be used to maintain and monitor the move for safety purposes.
Tax Certificate. If the building or addition to be moved is located within the City, the owner of the building or addition shall file with the application sufficient evidence that all municipal taxes have been paid in full with respect to the lot from which the building or addition is to be removed.
Certificate of Ownership. The applicant, if other than the owner of the property from which the building or addition is being removed, shall file with the application a written statement or bill or sale signed by the owner or other sufficient evidence that the applicant is entitled to move the building or addition.
Fee. The application shall be accompanied by a permit fee which shall be $500 for moving a building or addition.
Once a building or addition has begun to be moved, it must be continuously moved to its final destination.
There shall be no stopping or storing of buildings or additions on Sea Isle City property. If for any reason a building or addition cannot reach its final destination, the owner and/or mover shall remove the building or addition from the public right-of-way and notify the Construction Office.
If the building or addition is placed on private property that is not to be its final destination, the building or addition must be moved within 10 days from the date of placement.
[Ord. No. 853 § 3; Ord. No. 868 § 2]
All buildings and additions to be moved south of John F. Kennedy Boulevard must travel Central Avenue from John F. Kennedy Boulevard to 83rd Street in Sea Isle City. All buildings and additions sought to be moved north of John F. Kennedy Boulevard must obtain approval of the Construction Official as to the route to be chosen. In addition to the permit fee for moving buildings or additions to buildings, the applicant shall provide the Construction Official with a copy of the appropriate insurance coverage documents to indemnify the City for the cost of removing, repairing and replacing electric wires, street lamps, utility lines, fixtures, shade trees and any and all City property which might be damaged or disturbed in the course of moving the building or addition.
The contractor shall take out and maintain during the life of the contract the statutory Workmen's Compensation and Employer's Liability Insurance for all of his/her employees to be engaged in work on the project under the contract and, in case any such work is sublet, the contractor shall require the subcontractor similarly to provide Workmen's Compensation and Employer's Liability Insurance for all of the latter's employees to be engaged in such work.
The contractor shall take out and maintain during the life of the contract:
Contractor bodily injury liability insurance not less than $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person in an amount not less than $300,000 on account of one accident.
Contractor property damage liability insurance in an amount not less than $50,000 for damages on account of any one accident.
Automobile bodily injury liability insurance in an amount not less than $100,000 for injuries, including wrongful death to any one person, and subject to the same limit for each person, in an amount not less than $300,000 on account of one accident.
Automobile property damage liability insurance in an amount not less than $50,000 for damages on account of any one accident.
The City of Sea Isle City, as well as the contractor shall be named in the public liability and property damage insurance as insured parties.
[Ord. No. 853 § 4]
The Construction Official shall refuse to issue a permit if he/she finds:
That any application requirement or any fee or deposit requirement has not been complied with.
That the building or addition is too large to move without endangering persons or property in the City.
That the building or addition is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons or property in the City.
That the applicant's equipment is unsafe and that persons or property would be endangered by its use.
That zoning or other ordinances would be violated by the building in its new location.
[Ord. No. 853 § 5]
Disposition. The Construction Official shall deposit all fees and deposits with the City Chief Financial Officer.
Return upon Nonissuance of Permit. Upon refusal of the Construction Official to issue a permit, the City Chief Financial Officer shall return to the applicant all fees and deposits.
Statement of Expenses. Upon the issuance of a permit and completion of moving the building or addition, the Superintendent of Public Works shall prepare a written statement of all expenses incurred in moving, repairing or replacing City property damaged or disturbed in the course of moving the building or addition. If the sum is less than the deposit made by the applicant, the excess sum shall be returned to the applicant. If the expenses exceed the deposit made by the applicant, the applicant shall be responsible to pay for the deficiency. All permit fees deposited with the application shall be retained by the City.
[Ord. No. 853 § 6]
Any person, firm, partnership, association, corporation, company or organization of any kind violating any portion of this section shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-5. Each day that such violation exists shall constitute a separate offense. Any repetition of a violation of this section or of any regulation established under authority hereof shall be deemed a new offense.
[Ord. No. 1003 § 1]
No person shall hereafter erect, alter or reconstruct a fence on property in any zone in the City without first having obtained a construction permit from the Construction Code Official.
[Ord. No. 1003 § 2]
As used in this section:
- FENCE OR WALL
- Shall mean a fixed structure made of wood, wire, metal, or concrete masonry block units. A concrete masonry fence or wall shall not exceed 36 inches in height from curb level.
[Ord. No. 1003 § 3]
Fences erected, altered or reconstructed shall be of the type hereinafter specified and shall comply with the maximum height limitations hereinafter set forth. For purposes of this section, fences shall be measured from the curb level.
Front Yard. Fences located in the area from the front property line to the front setback line shall not exceed 36 inches in height. For purposes of this section, corner lots shall be deemed to have two front yards, each extending from the property line adjacent to the adjoining streets to the front and side setback line, respectively.
Rear Yard. Fences located in the area from the front setback line to the rear property line and running across the rear property line shall not exceed 72 inches in height, except a concrete masonry wall or fence as specified in subsection 10-8.2.
Corner Lots. At the intersection of any two streets, highways, roads or roadways, no fence other than decorative fences or fencing of a wire construction having openings no smaller than two inches and not exceeding 36 inches in height or post-and-rail fences not exceeding 36 inches in height shall be permitted within the triangular area formed by the two intersecting street lines bounding the lot and by a line connection to a point on each street line located 45 feet from the intersection of the street lines. For the purposes of this section, a street line shall be deemed to be the curbline, and an intersection shall be deemed to be the meeting place of the curblines on intersecting streets.
[Ord. No. 1003 § 4]
Definition. A fixed structure made of wood and rope which is utilized for decorative purposes primarily, and which does not function as a visual screen, nor as a means of providing privacy. Decorative fences shall not exceed 30 inches in height, measured from curb level.
Standards. Posts shall consist of timber structures only, which may be square, rectangular, or circular in shape. Posts shall be spaced at least 96 inches apart, measured from the face of the post to the face of the post. Post shall be connected by rope consisting of untarred hemp, Manila hemp, New Zealand hemp, nylon, dacron, polypropylene, or polyester ropes. Minimum rope diameter shall not be less than 3/4 inch.
Encroachments. Special decorative fences shall be permitted beyond the front property line into the public right-of-way (R.O.W.). Decorative fences shall be permitted within no more than six inches from the rear limit of any existing sidewalk located adjacent to the front of the property in question. In the absence of a sidewalk at the property in question, the measurement, as set forth above, shall apply, as though a sidewalk was in place. In that event, the Construction Official shall locate the sidewalk, if none presently exists, and if necessary, he shall consult with the City Engineer's Office concerning the sidewalk location.
[Ord. No. 1003 § 5]
All fences shall be erected within property lines, and no fence should be relocated so as to encroach upon a public right-of-way except as set forth in subsection 10-8.4 herein.
[Ord. No. 1003 § 6]
The following fences and fence construction materials are specifically prohibited in all zones in the City: Barbed wire, canvas, cloth, electrically charged, expandable and collapsible.
Notwithstanding the foregoing, snow fences shall be a permitted fence.
The maximum height of any fence in the City shall be 72 inches.
[Ord. No. 1003 § 7]
Any portion of a fence construction intended or utilized for the support of the fence shall be located on the inside of the fence, facing the principal portion of the tract of land upon which the fence is erected. The finished portion of the fence shall face the property or street adjacent to the fence.
[Ord. No. 1003 § 8]
[Ord. No. 1003 § 9; amended 8-27-2019 by Ord. No. 1637]
The fee for a permit shall be $45 for all fence applications.
[Ord. No. 1003 § 10]
Any fence in existence on October 15, 1979 may continue in existence without compliance with this section except that the fence shall be kept painted, where applicable, and in good repair. However, any fence which has been destroyed or removed shall not be replaced except in conformity with this section.
[Ord. No. 1003 § 11]
If the Construction Official or his designee, upon inspection, determines that any fence or portion of any fence is not being maintained in a safe, sound, upright condition, he/she shall notify the owner of the fence, in writing, of his/her findings and order the fence or portion of the fence repaired or removed within 10 days of the date of the written notice. Each day the person fails to obey the order referred to above shall constitute a separate violation of this section. Enforcement of this section shall be the responsibility of the Construction Official or his/her designee, or the Police Department or its designees.
[Ord. No. 1003 § 12]
There shall be a fence not less than 72 inches in height, or more than 72 inches in height, completely enclosing any below-ground swimming pool and any other swimming pool. Each gate in a pool fence shall be capable of being locked when not in use and shall be self-latching.