[Ord. No. 1094 §§ 1- 8; Ord. No. 1431 § XLV;
Ord. No. 1504 (2011) § XV]
a.
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.
b.
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.
c.
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.
d.
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.
e.
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]
f.
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]
a.
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.
1.
Building Subcode Fee. The Building Subcode Fee shall be:
(a)
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]
(b)
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]
(c)
For additions, $0.0130 per cubic foot of building or structure
volume for added portion, provided that the minimum fee shall be $45.
(d)
For combinations of renovations and additions, the sum of the
fees computed separately as renovations and additions.
(e)
Foundation Bonding. The foundation bonding fee shall be $26.
2.
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]
|
Units
|
Description
|
|---|---|
|
1
|
Water closets
|
|
3
|
Urinals
|
|
1
|
Lavatories — Singles and Double, Vanity Types
|
|
1
|
Bathtubs with or without shower
|
|
1
|
Shower compartment group — per head
|
|
1
|
Floor drains
|
|
1
|
Kitchen sink
|
|
3
|
Kitchen sink (2 part)
|
|
3
|
Special plumbing fixtures, baptisteries, pools, ornamental fountains,
basins, swimming pools
|
|
1
|
Domestic food grinder
|
|
1
|
Domestic clothes washer
|
|
1
|
Domestic automatic dishwasher
|
|
1
|
Laundry tray (each party)
|
|
1
|
Drinking fountain
|
|
3
|
Ice machines (chests, containers)
|
|
6
|
Air-conditioning unit
|
|
1
|
Bidets
|
|
1
|
Pot sink (each part)
|
|
7
|
Food grinder
|
|
7
|
Sand interceptor
|
|
7
|
Oil interceptor
|
|
3
|
Dental cuspidor
|
|
3
|
Sewerage ejectors (dual Z)
|
|
1
|
Stack vents
|
|
1
|
Vent stacks
|
|
1
|
Sump vents
|
|
3
|
Rain leaders (interior)
|
|
6
|
Boiler — hot water heater, storage tank or similar device
|
|
3
|
Lawn sprinkler (each connection to potable water)
|
|
3
|
Garbage can washer
|
|
1
|
Back flow device
|
|
7
|
Medical care facility plumbing equipment
|
|
3
|
Plumbing appurtenance devices (i.e., Jacuzzi, whirlpool, steam
generator)
|
3.
Electrical Subcode Fee. The Electrical Subcode Fee shall be as follows,
provided that the minimum fee shall be $45:
(a)
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]
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(i)
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.
(j)
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:
(k)
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.
(l)
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.
(m)
The fee charged for annual pool/spa/hot tub inspections shall
be $100.
[Added 8-27-2019 by Ord.
No. 1637]
4.
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.
6.
The Fire Subcode fees shall be as follows:
[Amended 8-27-2019 by Ord. No. 1637]
(a)
The minimum Fire Subcode fee shall be $45.
(b)
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.
(c)
For the first 12 smoke and/or carbon monoxide detectors: $36.
For each additional group of 25, the fee shall be $12.
(d)
Ansul system: $65 flat fee.
(f)
Fire pump added to sprinkler system: $50.
(g)
Standpipe: $166.
(h)
Alarm panel: $30.
7.
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:
|
Minimum Fee
|
$120
|
|
Fuel oil piping connection
|
$78
|
|
Gas Piping
|
$78
|
|
Appliance
|
$56
|
|
Chimney
|
$56
|
|
Water Heater
|
$78
|
|
Steam Boiler
|
$78
|
|
Hot Air Furnace
|
$56
|
|
Oil Tank
|
$40
|
|
LPG Tank
|
$40
|
|
Fireplace
|
$56
|
|
Generator
|
$56
|
|
Condensate Drain
|
$13
|
8.
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.
9.
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.
10.
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.
11.
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.
12.
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.
13.
The fees for Certificates of Occupancy shall be as follows:
(a)
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.
(b)
The fee for a Certificate of Continued Occupancy shall be $120.
(c)
The fee for the Certificate of Occupancy pursuant to a change
of use shall be $120.
14.
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.
15.
In computing fees, the result of which comes out to both dollars
and cents, the fee shall be rounded to the next dollar amount.
16.
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.
17.
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.
18.
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.
19.
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]
a.
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.
b.
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]
c.
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.
d.
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.
e.
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.
f.
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.
g.
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.
h.
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.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in possession
thereof.
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.
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:
a.
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
b.
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:
a.
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;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
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;
d.
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.
e.
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]
a.
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:
1.
Be put in writing;
2.
Include a statement of the reasons why it is being issued;
3.
Allow a reasonable time for the performance of any act it requires;
and
4.
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.
b.
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.
c.
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.
d.
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.
e.
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:
a.
Form. The application shall be in writing, upon forms provided by
the City and shall be filed in the office of the Construction Official.
b.
Content. The application shall set forth the following:
1.
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.
2.
A description from the Municipal Tax Map of the Lot and Block where
the building or addition is located.
3.
A description from the Municipal Tax Map of the Lot and Block to
which the building or addition is to be moved.
4.
The portion of the lot to be occupied by the building or addition
when moved.
5.
The streets over, along or across which the building or addition
is proposed to be moved.
6.
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.
7.
Any additional information which the Construction Official shall
find necessary to determine whether a permit should issue.
8.
A description of the proposed traffic control devices and personnel
that will be used to maintain and monitor the move for safety purposes.
c.
Accompanying Papers.
1.
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.
2.
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.
d.
Fee. The application shall be accompanied by a permit fee which shall
be $500 for moving a building or addition.
e.
Additional Requirements.
1.
Once a building or addition has begun to be moved, it must be continuously
moved to its final destination.
2.
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.
3.
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]
a.
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.
b.
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.
c.
The contractor shall take out and maintain during the life of the
contract:
1.
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.
2.
Contractor property damage liability insurance in an amount not less
than $50,000 for damages on account of any one accident.
3.
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.
4.
Automobile property damage liability insurance in an amount not less
than $50,000 for damages on account of any one accident.
5.
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:
a.
That any application requirement or any fee or deposit requirement
has not been complied with.
b.
That the building or addition is too large to move without endangering
persons or property in the City.
c.
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.
d.
That the applicant's equipment is unsafe and that persons or property
would be endangered by its use.
e.
That zoning or other ordinances would be violated by the building
in its new location.
[Ord. No. 853 § 5]
a.
Disposition. The Construction Official shall deposit all fees and
deposits with the City Chief Financial Officer.
b.
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.
c.
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:
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.
a.
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.
b.
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.
c.
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]
a.
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.
b.
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.
c.
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]
a.
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.
b.
Notwithstanding the foregoing, snow fences shall be a permitted fence.
c.
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]
a.
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.
b.
The construction
of pools is prohibited between June 1 and August 31.
[Added 12-22-2020 by Ord. No. 1658]
