City of Sea Isle, NJ
Cape May County
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Table of Contents
Table of Contents
Editor's Note: For regulations concerning maintenance of bulkheads, see Chapter 22, Bulkheads and Waterways.
[1]
Editor's Note: These regulations were originally adopted by Ordinance No. 859, adopting the existing Structures Code, was later repealed by Ordinance No. 941, and Ord. No. 941 was repealed by Ordinance No. 1006 which adopts the Property Maintenance Code. Prior ordinance history includes portions of Ordinance No. 1006.
[Ord. No. 1499 (2011) § I]
The regulations as adopted shall be known as the Property Maintenance Code of the City of Sea Isle City and referred to as the "Property Maintenance Code." One copy of the "International Property Maintenance Code 2006" and later editions, as published by the International Code Council, are on file in the office of Construction Official and are hereby adopted as the Property Maintenance Code of the City for the control of buildings and structures as hereinafter provided. Each and all of the regulations, provisions, conditions and terms of the IPMC Basic/National Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section.
[Ord. No. 1499 (2011) § II]
Nothing in this section or in the Property Maintenance Code[1] hereby adopted shall be construed to affect any suit or proceeding impending in any Court, or any rights acquired, or liability incurred, or any cause or causes of action required or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[1]
Editor's Note: Prior to 1990 the Code printed by the Building Officials Conference International was entitled the "B.O.C.A. Basic/National Existing Structure Code." In 1990 BOCA renamed this Code to "BOCA Basic/National Property Maintenance Code."
[Ord. No. 1499 (2011) § III]
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Code, or any rule or regulation adopted pursuant thereto, shall have the right to request and shall be granted a hearing on the matter before the County Construction Board of Appeals.
[Ord. No. 295 preamble]
a. 
It is hereby determined and declared that the existence of obnoxious growths and other matter hereafter described, upon lands in the City and lands which are not filled to proper legal grades and which permit the accumulation of stagnant waters, refuse and other obnoxious materials, or any one or more of said conditions, may provide a means for the breeding of mosquitoes, flies and insects and may tend to permit the existence of dirt and vermin which would be contrary to the public health, safety and general welfare, and could become a fire hazard and a nuisance which should be abated and abolished in the public interest.
b. 
It is hereby declared that this section is necessary in the interest of the public and especially the health of the public.
[Ord. No. 295 § 1; Ord. No. 1049 § 1; Ord. No. 1528 (2012) § 1]
a. 
Whenever the Construction Official, Code Enforcement Officer or any other City employee as designated by the Administrator shall determine that there exists upon any land lying within the limits of the City, such brush, weeds, dead and dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash and debris, removal of which may be necessary and expedient for the protection of the public health, safety, general welfare or to eliminate a fire hazard or any other nuisance, he/she shall give notice in writing to the owner or owners, tenants, or tenant of such lands to remove such brush, weeds, dead and dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash and debris, within five days after the notice.
b. 
The notice shall be given personally or by registered or certified mail, return receipt requested, directed in the case of an owner to the address of the owner as the same appears upon the last tax duplicate of the City, and in the case of a tenant to the street address of the premises in question, or to the last known address in case the lands are unimproved.
[Ord. No. 295 § 2; New]
a. 
It shall be unlawful for any owner or owners, tenant or tenants, occupants or occupant of any lot or tract of land or any part thereof in the City, to permit or maintain on any such lot or tract of land, any brush, weeds, dead or dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash or debris, removal of which may be necessary and expedient for the protection of the public health, safety or general welfare, or to eliminate a fire hazard, or which constitutes a nuisance.
b. 
It shall be the duty of the owner or owners, tenants or tenant, occupant or occupants of the lot or tract of land or any part thereof in the City, to cut and remove or cause to be cut and removed or otherwise destroyed, all such brush, weeds, dead or dying trees, stumps, roots, ragweed, poison ivy, poison sumac, obnoxious growths, filth, garbage, trash or debris. After removal, the lot or tract of land or any part thereof shall be leveled to grade to prevent puddles or water holes, and shall be covered with clean clay gravel within five days after receiving notice to do so.
c. 
If the owner or owners, tenant or tenants, upon being notified as provided by this section shall not comply with the notice within the time specified therein and fails to remove or abate such nuisances, the City shall proceed to abate the nuisances and hazard or may cause it to be removed or abated and assess the costs thereof against the lands, and the costs shall become a lien collectible in the same manner as delinquent taxes.
[Ord. No. 295 § 3]
The provisions of N.J.S.A. 40:48-2.26 and 40:48-2.27 are hereby adopted as powers to be enforced by the City with respect to the requirements where brush, hedges and other plant life are growing in areas and upon lands in manner contrary to said laws.
[Ord. No. 295 § 4]
It is hereby declared to be the duty of the owner or owners of any and all lots in this municipality to fill and cause each and every lot to be maintained properly filled to grade at all times. This requirement shall apply to vacant lands, areas of lands not plotted into lots and lots upon which improvements are erected.
[Ord. No. 295 § 5]
Whenever any of said lands below grade contain stagnant waters, obnoxious growth, filth, garbage, trash and debris, or any one or more of the aforesaid, the Health Officer is empowered to declare the same a public nuisance, and is empowered to give notice in manner hereinbefore described to remove the same within five days after notice has been given and to fill the lands with clean fill or gravel or soil equivalent thereto in order to establish a uniform plain surface, the grade of which shall be two inches above the adjacent curb height at the front property line, and shall be eight inches above the curb height at the rear property line; and any and all such fill shall be top graded with materials sufficiently compacted to prevent erosion by wind.
[Ord. No. 295 § 6]
Upon the failure of any owner, tenant or occupant to correct any condition described in this chapter within the time specified by any such notice, any and all of said persons are hereby deemed to have violated the provisions of this chapter based upon the state of facts as may be found to exist with respect to the notice.
[Ord. No. 295 § 7; Ord. No. 1431 § LXIII]
The Director of the Department of Community Development, or any other City employee as designated by the Mayor shall be in charge of the enforcement of this chapter in addition to the powers conferred upon the Health Officer.
[Ord. No. 295 § 8; Ord. No. 1431 § LXIV]
In cases where the owner or owners refuse to comply with the requirements of this section, after notification aforesaid, the Governing Body hereby empowers the enforcing officers, in addition to any other remedies, to cause the land to be cleared and filled, as aforesaid, and the cost thereof shall become a lien upon the lands and shall be collected in the same manner and enforced by the same officers as in case of unpaid taxes, and shall bear interest at the same rate or rates as unpaid taxes.
[Ord. No. 295 § 9]
Whenever any notice is required to be given, the person giving such notice shall file proof thereof by affidavit and shall file the same in the Office of the City Clerk; but a failure to file any such proof shall not invalidate the proceedings if service in fact has been made as provided for by law.
[Ord. No. 295 § 10; Ord. No. 806 § 1]
Any person, firm, association or corporation violating any subsection of this section shall upon conviction, be liable to the penalty stated in Chapter 1, Section 1-5. Any repetition of any violation of this section shall be deemed a new offense; and each day such violation is permitted to continue shall be deemed a new offense.
[Ord. No. 1528 (2012) § 2]
a. 
It is hereby determined and declared that the existence of window and door coverings that give the appearance of vacant or closed commercial buildings, and mixed use commercial buildings, in the City should be abated and abolished in the public interest.
b. 
The purpose of this section is to regulate through ordinance the maintenance of windows and doors of vacant or closed buildings in the City. To establish for all commercial buildings, including mixed-use commercial buildings, minimum requirements and standards for premises and structures in order to promote and protect the public health, safety, convenience, order, general welfare of the citizens of this City and economic development.
c. 
Owners are required to adhere to an open and lively appearance for the building within their control. When the owner(s) of a vacant or closed building fails to actively maintain and manage the building, storefront windows, doors and land around the building, the building can become a major cause of blight in both residential and nonresidential neighborhoods. The City of Sea Isle City shall not allow building(s) that are vacant, closed, boarded-up, substandard, or unkempt for more than 14 days because this discourages economic development and retards appreciation of property values.
d. 
It is hereby declared that this section is necessary in the interest of the public.
[Ord. No. 1528 (2012) § 3]
No owner, tenant or person in possession of a property shall allow a building designed for clientele, human use, or occupancy to be a vacant or closed building for more than 14 consecutive days, unless all steps below are taken.
a. 
The requirements of Section 12-1 and 12-2 apply to all properties in addition to these requirements.
b. 
All windows and doors shall be filled with glass or like substance to give an open and lively appearance and shall be unbroken and in good repair.
c. 
All windows and doors which are ordinarily exposed to public view shall remain uncovered, regardless of floor elevation.
d. 
Staged displays that give the appearance of an open shop are required and shall be maintained as if open. Blank paper taped over shop windows and doors or plywood over windows and doors are prohibited.
e. 
Storage of materials, stock, or inventory is prohibited in any window display area ordinarily exposed to public view.
f. 
Hurricane shutters are permitted and shall be kept open except when in use to protect against an imminent threat of hurricane.
g. 
Storefront window displays shall be illuminated from dusk to 10:00 p.m.
h. 
Maintenance of exterior of the building, including but not limited to paint and finishes must be kept in good condition.
i. 
Grounds must be manicured. Landscaping and plant materials must be kept in good condition. Lawn must be cut, weeds must be pulled. No trash can accumulate. No debris or junk around the outside of the building.
j. 
No person owning property within the City of Sea Isle City shall permit any graffiti to accumulate or otherwise remain on any property so as to be visible to the public.
k. 
Nothing shall be erected, placed, planted or allowed to grow in such a manner as to impede vision.
l. 
All windows and doors will be decorated with current themed decorations for the season or holiday.
[Ord. No. 1528 (2012) § 4]
The Construction Official, Code Enforcement Officer or any other City employee as designated by the Administrator shall be in charge of the enforcement of this section.
[Ord. No. 1528 (2012) § 5]
Any person owning, leasing, maintaining, or in possession or control of any vacant or closed premises located within the City of Sea Isle City shall be responsible for adherence to the provisions of this section, such responsibility is separate for each and it shall not be a defense that the other had the responsibility to maintain.
All vacant or closed properties shall be brought into compliance with this ordinance within 30 days of adoption of this section and shall remain in compliance thereafter.
The holder of a valid permit from the Construction Office who is actively performing work is exempt from the requirements of this section during the time it takes to complete the work.
[Ord. No. 1528 (2012) § 6]
Any person who violates any provision of this section shall be fined in an amount of $150 per offense. Each day on or during which any person violates any of the provisions of this section shall constitute a separate and distinct offense. Upon discovery of any violation to this section, any authorized employee of the City shall issue written notice to any and all responsible persons pursuant to subsection 12-3.4, directing and requiring that such person or persons remedy such violations. In the event that the violation is not remedied within 10 days from the date of mailing of the first notice, a second notice to remedy the violation shall be sent and, if said violation is not remedied within five days after the second notice, then the City shall issue a summons to be heard in the Municipal Court. Each day that a violation of the section continues shall be considered a separate offense until property is inspected and the City finds that the violation has been remedied to the City's satisfaction. All notices shall be sent by regular mail to the last known address and lack of receipt of such notice shall not be a defense herein. The penalties contained in this section do not supersede the penalties in subsection 12-2.11, which penalties may be imposed in addition to these penalties as the Court may determine.
The Clerk shall not issue a mercantile license upon the renewal date for any business located in a structure not in compliance with this section.
Violation of this section shall be a public nuisance. The City of Sea Isle City may also seek civil remedies including but not limited to a Court order directing maintenance or removal of the paper, wood, plywood, unauthorized covering, or disrepair material. If the City has to seek Civil Court action to obtain compliance the property owner shall pay the cost thereof, including reasonable attorney's fees, and the City shall attach a lien to the property, collected through the Tax Collector's office until satisfied.