Borough of Union Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. #288, § 1; Ord. No. 2016-229]
a. 
There is hereby established in the borough a State Uniform Construction Code enforcing agency to be known as Union Beach Code Enforcement Bureau, consisting of a construction official, building subcode official, plumbing subcode official, electrical subcode official, fire subcode officials, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code and the International Code Council, Building subcode of 2015, Plumbing subcode of 2015, Fire subcode of 2015 and the Electrical subcode of 2014. The construction official shall be the chief administrator of the enforcing agency. Any reorganization of positions, or the opening of lines of authority between dispersed personnel in different agencies, is reserved to the mayor and council.
b. 
Each official position created in subsection a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and 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 P.L. 1975, C.217 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.
[Ord. #361, § 1]
The borough of Union Beach shall hereby grant jurisdiction to the Monmouth County Construction Board of Appeals for the purpose of hearing appeals from decisions by the enforcing agency.
[Ord. #288, § 3; Ord. #365; Ord. #389, § 1; Ord. #457; Ord. #473; Ord. #565; Ord. #579; Ord. #651; Ord. #97-769; Ord. #99-791; Ord. #99-800; Ord. #2002-7; Ord. #2007-112; Ord. #2012-187; Ord. No. 2014-217]
a. 
State of New Jersey Training Fees. This fee shall be in the amount of $0.00371 per cubic foot of volume for 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 $1.90 per $1,000 of value of construction. (N.J.A.C. 5:23-4.19)
1. 
No training fee shall be collected for pre-engineered systems of commercial farm buildings.
2. 
No training fee shall be collected for permits to perform asbestos or lead abatement.
3. 
No training fee shall be collected for permits for the construction or rehabilitation of residential units that are to be legally restricted to occupancy by households of low or moderate income, as defined in N.J.A.C. 5:43-1.5.
4. 
No training fee shall be collected for demolition of buildings or structures.
5. 
No training fee shall be collected for work consequential to a natural disaster when the local construction department is waiving its fee.
b. 
General Fees.
1. 
The fee for plan review shall be 20% of the amount charged for a construction permit.
2. 
The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees. This fee shall be paid before a permit is issued.
3. 
The fee to be charged for a certificate of occupancy shall be paid before a certificate is issued. This fee shall be in addition to the construction permit.
4. 
All fees shall be rounded to the nearest dollar.
5. 
All fees shall be paid in cash, check or money order payable to the Borough of Union Beach.
c. 
Fee Schedule. The basic construction permit fee shall be the sum of the parts computed on the basis of volume or cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electrical fixtures and rating of electrical devices, the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates and/or the applicable flat fees as provided herein plus any special fees. The minimum fee for a basic construction permit covering any and all of the technical subcodes shall be $50.
For the purpose of determining estimated cost for renovations, alterations, repairs, and the external utility connection for premanufactured construction, the applicant shall submit to the department such cost data as may be available and produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor. A bonafide contractor's bid, or contract if available, shall be submitted. The construction official and/or subcode official shall make the final decision regarding the estimated cost.
1. 
Construction Fee Schedule.
(a) 
Building Subcode Fee.
(1) 
New Construction/Additions.
[a] 
$0.025 per cubic foot of building (or addition) structure volume.
[b] 
$0.00265 state training fee per cubic foot of building structure volume.
[c] 
Minimum fee- $75.
[d] 
Residential certificate of occupancy - 10% of total permit fees; minimum fee - $75 (in addition to minimum of other fees set forth above). Reinspection fee - $50. Any "special" inspection for all disciplines is a minimum of four hours at $48 per hour.
(2) 
Renovations, alterations and repairs of existing structures, including decks, porches, fireplaces, (enclosures of existing decks and porches shall be considered additions).
[a] 
$25 per $1,000 of estimated cost of work.
[b] 
$0.00135 state training fee per $1,000 of cost of work.
[c] 
Minimum fee - $50.
(3) 
Combinations of renovations and additions - the sum of fees computed separately as renovations and additions.
(4) 
Removal or relocation of building or structure from one lot to another or to a new location on the same lot - Same as for new construction and additions.
(5) 
Demolition:
[a] 
Residential, farm, garage, or accessory structure - $75.
[b] 
All other structures - $300.
(6) 
Plan review - 20% of the amount charged for construction permit to be paid before plans are reviewed. The minimum fee is $50. The amount paid for review shall be credited towards the cost of the construction permit.
(7) 
Renewal of permit:
[a] 
10% of the original permit fee, provided there are no changes to the original plans.
[b] 
Minimum fee - $50.
(8) 
Revision of permit:
[a] 
New construction or addition: $50 minimum plus either paragraphs [1] or [2] below depending on which method of calculation produces the higher fee and/or is most appropriate to the revision: $0.0265 per cubic foot of building structure volume, or $25 per $1,000 of estimated cost of work.
[1] 
$0.0265 per cubic foot of building structure volume.
[2] 
$25 per $1,000 of estimated cost of work.
[b] 
Renovations, alterations and repairs: $50 minimum plus $25 per $1,000 of estimated cost of work.
(9) 
Swimming pools:
[a] 
Aboveground - $50.
[b] 
Inground - $100.
[c] 
Reinspection - $50.
(10) 
Fences, sheds and concrete:
[a] 
$0.00135 state training fee per $1,000 of cost of work.
[b] 
Fences (including fences required for pool enclosure) - $50.
[c] 
Sheds measuring 100 square feet area or more - $75.
[d] 
Concrete permit - $100.
(11) 
Commercial roofing and siding (repair, maintenance or improvement):
[a] 
$0.00135 state training fee per $1,000 of cost of work.
[b] 
$25 per $1,000 of cost of work.
[c] 
Minimum fee - $100.
(12) 
Commercial certificate of occupancy:
[a] 
10% of total of permit fees (in addition to minimum or other fees).
[b] 
Business use - minimum fee - $125.
[c] 
Multi-family dwelling, minimum fee per unit - $125.
[d] 
Reinspection fee to ensure correction of violation or noncompliance - $100.
(13) 
Satellite dish/solar panels:
[a] 
$0.00135 training fee per $1,000 of cost of work.
[b] 
$25 per $1,000 of cost of work.
[c] 
Minimum fee - $100, Maximum fee - $800.
(14) 
Signs:
[a] 
$0.00135 state training fee per $1,000 of cost of work.
[b] 
$5 per square foot of surface area, computed on one side only for double-face sign.
[c] 
Minimum fee - $50.
(15) 
Radon abatement: $70 per dwelling or commercial unit.
(16) 
Asbestos removal or abatement: $100 per dwelling or commercial unit.
(17) 
Lead hazard abatement: $70 per dwelling or commercial unit.
(18) 
Tents in excess of 900 square feet or measuring more than 30 feet in any direction - $75.
(19) 
Temporary structure, tents, carports, etc., measuring 100 square feet or more - Must meet fire rating - $75 for 15 days.
(20) 
Elevators: Residential single-family - $75 for each elevator. Commercial or multi-dwelling - $500 for each elevator.
(b) 
Plumbing Subcode Fees.
(1) 
Minimum permit fee - $50.
(2) 
$20 per fixture or stack except as listed below.
(3) 
Air conditioning, refrigeration, freezer system unit (HVAC), each unit - $75.
(4) 
Appliances:
[a] 
Residential, per unit:
[1] 
Boiler/furnace: $50.
[2] 
Water heater: $50.
[3] 
Dishwasher: $25.
[4] 
Washing machine: $25.
[5] 
Other gas appliances: $25.
[6] 
Replacement (same fuel): $25.
[b] 
Commercial, per unit:
[1] 
Boiler furnace: $100.
[2] 
Water heater: $75.
[3] 
Dishwasher: $75.
[4] 
Washing machine: $75.
[5] 
Drinking fountain: $25.
[6] 
Condensate drain (per unit): $25.
(5) 
Fixtures:
[a] 
Toilet/latrine: $25.
[b] 
Urinal or bidet: $25.
[c] 
Shower: $25.
[d] 
Bath tub (including shower): $25.
[e] 
Sink: $25.
[f] 
Garbage disposal unit: $25.
[g] 
Floor drain: $25.
[h] 
Sewer pump: $75.
[i] 
Gas piping: $75.
[j] 
Fuel oil piping: $75.
[k] 
Grease trap: $75.
[l] 
Backflow prevention device: $75.
[m] 
Interceptor/separator: $75.
[n] 
Radon piping: $50.
[o] 
Lawn sprinkler system: $75.
[p] 
Water filter system: $50.
[q] 
Oil separators (each): $75.
[r] 
Sump pump connection (each): $25.
[s] 
Hot tub with drain to sewer: $75.
[t] 
Hot tub, no drain to sewer: $40.
[u] 
Jacuzzi: $75.
[v] 
Hose bib: $25.
[w] 
Hot water solar panels and hot water roof systems: $75.
[x] 
Vent Stack: $20.
[y] 
Other plumbing fixtures: $25.
(6) 
Water and sewers: (permit fees only - see subsection 11-2.10 for connection fees and charges)
[a] 
Water service connection: $100.
[b] 
Sewer service connection: $100.
(7) 
Storage tanks, underground storage tanks (UST):
[a] 
Oil tanks, installation or removal:
[1] 
60-1,000 gallons: $75.
[2] 
1,001-2,000 gallons: $250.
[3] 
Over 2,000 gallons: $500.
[b] 
LPG gas storage:
[1] 
Aboveground, up to 500 gallons: $100.
[2] 
Aboveground, 500+-2,000 gallons: $150.
[3] 
Underground, up to 2,000 gallons: $150.
(8) 
Plan review: 20% of the amount charged for construction permit to be paid before plans are reviewed. The minimum fee is $50. The amount paid for review shall be credited towards the cost of the construction permit.
(9) 
Renewal of permit:
[a] 
10% of the original permit fee, provided there are no changes to the original plans.
[b] 
Minimum fee: $50.
(10) 
Revision of permit:
[a] 
$25 per $1,000 of estimated cost of work.
[b] 
Minimum fee: $50.
(11) 
Reinspection: $50.
(c) 
Electrical Subcode Fees.
(1) 
Minimum permit fee: $50.
(2) 
Electrical fixtures and devices: 1-50 $75 (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 amps or less including motors or equipment rated less than 1 hp or 1 kW)
For each additional 25 or fraction thereof: $35.
(3) 
Service panels, entrance conductors and sub panels:
100 amps or less
$75
101-200 amps
$110
201-300 amps
$160
301-400 amps
$210
Every additional 100 amps or part over 400 amps
$50
Temporary service:
(Pole) with 1 receptacle
$150
(Pole) with 1 to 6 receptacles or devices
$225
1 construction trailer
$250
Each additional trailer off same service
$50
(4) 
Motors, generators, transformers:
Less than 1 hp/kW
$35
Greater than 1 hp/kW to 10 hp/kW
$75
Greater than 10 hp/kW to 50 hp/kW
$80
Greater than 50 hp/kW to 100 hp/kW
$130
Greater than 100 hp/kW to 150 hp/kW
$180
Every additional 50 hp/kW or part over 150
$50
Actual nameplate horsepower/kilowatt rating must be noted on the application to assure no delay in permit issuance. No permit for a service change or service upgrade will be issued unless Jersey Central Power and Light Company (or any successor or alternative electric provider) has issued a work request number which is submitted with the application for permit.
(5) 
Other electrical devices, excluding plug in appliances:
Air conditioning, refrigeration, freezer system unit (HVAC), each
$75
Air conditioning, replacement fee
$50
Attic fan
$20
Bonding
$20
Burglar alarm panel
$40
Cable outlets, 1 to 5
$20
Cable outlets, over 5, each
$5
Central heat (oil/gas)
$40
Combination burglar/fire alarm panel
$45
Commercial exhaust, plus hp fee
$30
Commercial suppression system
$80
Control panel, each
$60
Cook top unit
$30
Dishwasher
$35
Door bell/chime and transformer (each)
$5
Dryer
$30
Electric valves (each)
$10
Fire alarm panel
$40
Floor case cooler
$50
Garbage disposal unit
$10
Hard wired smoke detectors, 1 to 5
$40
Hard wired smoke detectors, over 5, (each)
$5
Heat pumps, plus hp & kW
$40
Hot tubs, plus hp/kW
$40
Hot water heater
$40
Intercom panel
$50
Intercom/Crt devices 1 to 25
$25
Intercom/Crt devices, each additional 25 or part thereof
$25
Jacuzzi, plus hp & kW
$40
Kitchen exhaust, commercial, plus hp
$30
Light standards, area lighting, 1 to 5, plus trench inspection
$75
Light standards, area lighting, over 5 each plus trench inspection
$15
Load management devices
$75
Oven
$30
Pool pumps and filters, aboveground, plus hp & kW
$75
Pool pumps and filters, inground, plus hp & kW
$125
Radon exhaust
$30
Range, residential
$30
Range, commercial, plus kW
$40
Sign, up to 5 square feet, plus feed and auto control device
$40
Sign, 5 plus to 9 square feet, plus feed and auto control device
$100
Telephone outlets, 1 to 5
$20
Telephone outlets, over 5, each
$5
Thermostats, each
$10
Timer for electric hot water heater
$30
Timer or photo cell
$30
Trench inspection
$15
Transformers/generators freestanding/backup power/emergency)
Up to 200 kW
$60
201-500 kW
$75
501-800 kW
$110
Over 801 kW
$130
Walk in cooler/freezer
$50
Whirlpool, plus hp & kW
$40
(6) 
Reinspection: $50.
(7) 
Photovoltaic (PV) Systems.
[Added 7-26-2018 by Ord. No. 2018-269]
[a] 
The fee for a photovoltaic (PV) system installed in any residential use group shall be as follows:
[1] 
PV systems up to 10 KW: $350.
[2] 
PV systems greater than 10 KW: $350 for the first 10 KW plus $35 for each 1 KW or portion thereof over 10 KW.
[b] 
The fee for all other use groups shall be as follows:
[1] 
PV systems up to 50 KW: $1,750.
[2] 
PV systems greater than 50 KW: $1,750 for the first 50 KW plus $35 for each 10 KW or portion thereof over 10 KW.
[c] 
Note: Above fees are inclusive of all disconnects, overcurrent devices, inverters, metering devices, and any other associated equipment.
(d) 
Fire Subcode Fees.
(1) 
Minimum permit fee: $50.
(2) 
Fire prevention/protection devices, excluding plug in and battery operated devices:
Combustible/flammable liquid exhaust systems/devices
$200
Commercial kitchen exhaust systems/devices
$200
Detectors, carbon monoxide
1-5 detectors
$50
5-10 detectors
$100
Each additional detector
$10
Detectors, smoke
1-20 detectors
$75
21-50 detectors
$150
Each additional detector
$10
Fire alarm panel, commercial
1-15 devices
$75
16-50 devices
$150
Each additional 50 devices or part thereof
$150
Fire alarm panel, residential
1-5 devices
$50
6-15 devices
$100
Each additional device
$10
Fire pumps
$250
Flow valves, flow devices, each
$25
Gas or oil fired furnace or boiler
Residential
$50
Commercial, low pressure
$75
Commercial, high pressure 930 psi or higher
$200
Gas or oil fired appliance
Not connected to plumbing system
$50
Incinerator, crematorium, each
$500
Jockey/booster pumps
$250
Knox-Box®/lock box
$40
Lights, emergency/exit signs
1-5 devices
$50
6-10 devices
$100
11-15 devices
$150
Each additional device
$10
Manual alarm systems/pull stations
1-5 devices
$50
6-10 devices
$100
11-15 devices
$150
Each additional device
$10
Smoke control and removal system
$200
Sprinklers, commercial
1-20 units
$200
21-50 units
$500
Each additional unit
$10
Sprinkler and detectors combined in 1 unit
1-20 units
$200
21-50 units
$500
Each additional unit
$10
Sprinklers, residential
1-5 units
$50
5-10 units
$100
Each additional unit up to 20
$10
Standpipes, each
$100
Suppression systems, independent pre-engineered systems including dry chemical, wet chemical, halon, carbon dioxide and other compounds plus initiation and delivery components
$250
Water heater, gas, oil or other fuel fired appliances
$50
Wood stoves/gas or wood fireplaces/ other nonconventional heating devices
$50
Other devices or systems - fee to be calculated on component parts or analogous function - minimum fee
$50
(3) 
Storage tanks (ST) and underground storage tanks (UST):
[a] 
Gasoline service station (diesel at same rate as gasoline)
3 storage tanks up to 10,000 gallons each plus 6 pumps
$500
Each additional tank installed at same time
$100
Each additional tank installed at subsequent time
$250
Each additional pump installed at same time
$50
Each additional pump installed at subsequent time
$75
[b] 
Oil, fuel, chemical or other hazardous/toxic/combustible/flammable liquid tanks installation or removal:
1-1,000 gallons
$75
1,001-2,000 gallons
$150
2,001-5,000 gallons
$200
5,001-10,000 gallons
$500
Over 10,000 gallons
$750
[c] 
LPG storage:
Aboveground, up to 500 gallons
$100
Aboveground, 500+ to 2,000 gallons
$150
Underground, up to 2,000 gallons
$150
Underground, over 2,000 gallons
$200
Waste oil tanks, up to 10,000 gallons
$100
[d] 
Trench or tank opening inspection, each inspection: $75.
[e] 
Fuel conversion fee: $50.
[Ord. #288, § 4]
Fire limits are established pursuant to N.J.A.C. 5:23 shall be enacted by the mayor and council prior to July 1, 1977.
The construction official shall prepare and submit to the mayor and council bi-annually, a report re-evaluating the delineation of the fire limits. This report shall indicate the recommendations 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. #2007-112]
Any person who shall commence construction, modification, renovation or repair without paying the permit fees and obtaining the required permits set forth above or otherwise violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 not more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
If the code enforcement bureau official or other code enforcement office chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #441, § 1; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]
A certain document, three copies of which are on file in the office of the Borough Clerk of the Borough of Union Beach, being marked and designated as the International Property Maintenance Code, 2015 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Union Beach, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code, 2015 Edition, on file in the office of the Borough of Union Beach are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in subsection 10-2.3 of this section.
[Ord. #441, § 3; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]
The former subsection 10-2.1 adopting and amending "The International Property Maintenance Code, 2012 Edition," and former subsections 10-2.2, 10-2.4 and 10-2.5 be and the same hereby are repealed. Nothing in this section or in the International Property Maintenance Code, 2015 Edition, 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 acquired or existing, under any act or ordinance hereby repealed as cited in this subsection; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Ord. #441, § 4; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188]
The following shall be included in the appropriate sections designated by bracketed italicized words in the text of this code:
Section 101.1
Page 1, second line in section, insert "Borough of Union Beach;"
Section 302.4
Page 9, second line in section, insert "10 inches (254 mm);"
Section 304.14
Page 10, first and second lines in section, insert "April 1" to "October 31;"
Section 602.3
Page 17, fifth line in section, insert "September 15" to "Mary 31;"
Section 602.4
Page 17, third line in section, insert "November 1" to "May 1;"
[Ord. #441, § 5; Ord. #627; Ord. #2007-100; Ord. #2010-172; Ord. #2012-188; Ord. No. 2016-229]
No owner or person in any capacity shall occupy or cause, let, allow, permit or suffer to be occupied by any person any vacant dwelling or dwelling unit, nor shall any person, owner, or any agent, servant or employee lease or occupy or cause to be let or occupied any vacant dwelling or dwelling unit unless a certificate of occupancy certifying that the dwelling unit is fit for human habitation as set forth in this section, shall first be obtained from the code official.
a. 
The code official shall cause to be prepared appropriate application forms for such certificate of occupancy which forms shall be available to applicants at the office of the code enforcement officer.
b. 
The code official shall cause to be prepared appropriate forms of the certificate of occupancy.
c. 
For a single family residence a fee of $100 to cover the cost of the application and of the first inspection and any reinspection to confirm the correction of violations, deficiencies or other noncompliances prior to the issuance of the certificate of occupancy. If a third inspection is required because the applicant failed to correct all of the violations, deficiencies or other noncompliances an additional fee of $50 shall be charged prior to the issuance of the certificate of occupancy. An additional fee of $50 shall be charged for each reinspection required thereafter to ensure compliance with the code prior to the issuance of the certificate of occupancy. All fees shall be paid by the applicant to the Borough of Union Beach at the time the application is filed and prior to each required reinspection and shall not be refundable.
d. 
For a commercial building or multi-family dwelling with more than one apartment a fee of $125 to cover the cost of the application and of the first inspection and any reinspection to confirm the correction of violations, deficiencies or other noncompliances prior to the issuance of the certificate of occupancy. If a third inspection is required because the applicant failed to correct all of the violations, deficiencies or other noncompliances an additional fee of $100 shall be charged prior to the issuance of the certificate of occupancy. An additional fee of $100 shall be charged for each reinspection required thereafter to ensure compliance with the code prior to the issuance of the certificate of occupancy. All fees shall be paid by the applicant to the Borough of Union Beach at the time the application is filed and prior to each required reinspection and shall not be refundable.
[Ord. #441, § 6; Ord. #96-749, § 1; Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]
The code enforcement officer shall be deemed the code official empowered to and responsible for the enforcement of all of the provisions of this section and the International Property Maintenance Code, 2015 Edition, adopted by this section. The titles "code official" and "code enforcement officer" as they appear in these Revised General Ordinances and the International Property Maintenance Code, 2015 Edition, shall be deemed interchangeable references to the same officials or officers of the Borough of Union Beach.
[Ord. #2007-100; Ord. #2012-188; Ord. No. 2016-229]
Any person who shall violate a provision of the International Property Maintenance Code, 2015 Edition shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
If the violation is of a provision of any housing, building or zoning code and the Code Enforcement Bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #315, § 1]
As used in this section:
a. 
DWELLING - Shall mean any building containing one or more rooms used as a dwelling unit or units.
b. 
DWELLING UNIT - Shall mean any room or group of rooms arranged for the use of one or more persons as a single housekeeping unit and/or sleeping facilities.
c. 
SMOKE DETECTOR- Shall mean an Underwriters Laboratory (U.L.) label, approved, listed and labeled smoke detector device sensing visible or invisible particles of combustion which when actuated the detector shall provide an alarm sufficiently audible to warn occupants of the dwelling unit whether such occupants are sleeping or awake.
[Ord. #315, § 2]
On or before June 30, 1979 all existing dwellings shall be installed with a sufficient number of smoke detectors, as defined in subsection 10-3.1, to warn all occupants of the presence of any visible or invisible particles of combustion. Such devices shall be placed in such locations in the dwellings that when actuated will sound off an alarm sufficiently audible to warn any sleeping occupants of the presence of such combustible particles.
[Ord. #315, § 3]
Effective immediately no certificate of occupancy shall be issued for any dwelling or dwelling unit after it has become vacant unless such dwelling or dwelling unit has installed smoke detectors sufficient in number to warn all occupants of the dwelling. Such detectors shall be in proper working order and shall be installed in locations within dwellings so that the detectors, when actuated, will be sufficiently audible to all occupants whether they be asleep or awake.
[Ord. #315, § 4]
In dwellings having basements or cellars an additional smoke detector shall be installed in the basement or cellar in a location approved by the authority having jurisdiction.
[Ord. #315, § 5]
Power supplied for smoke detectors shall be either by battery or from a reliable electric source obtainable within the building. All wiring shall conform with the requirements of the National Electrical Code.
[Ord. #315, § 6]
It shall be the responsibility of the owner of each dwelling to have installed a sufficient number of smoke detectors in proper order as required by subsection 10-3.2 and subsection 10-3.4 of this section. Thereafter, it shall be the joint responsibility of the owner and tenant, if a rental, for battery replacement and the maintaining of reasonable care for the smoke detector.
[Ord. #315, § 7]
Any new or existing dwelling which is required by law or regulation to have installed any smoke detector or fire prevention system other than which is required by this section and does in fact have such system installed, shall be exempted from the provisions of this section.
[Ord. #315, § 8; Ord. #2006-80]
For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, or makes a misrepresentation in any application or certification made pursuant to this section, shall for each and every day that such a violation continues be subject to a fine of not less than $100 nor more than $500, or a greater penalty not more than $5,000 as authorized by N.J.A.C. 5:70-2.12, for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #315, § 9]
The officials charged with the duty of enforcing this section shall be the construction official, the building subcode official, the fire-subcode official, the fire protection inspector, the code enforcement officer, the members of Union Beach Fire Department and the members of the uniform police department.
See also Trailer Regulations in Chapter 3, Section 3-7.
[Ord. #337, § 1]
The mayor and council desire to strictly control the use of house trailers in the borough. There are certain emergencies in which the temporary emergency use of house trailers is appropriate.
The following procedure shall be established permitting the temporary emergency use of house trailers in the borough:
a. 
The property owner of record shall certify to the code enforcement officer:
1. 
That substantial damage has been caused to his property by fire or natural disaster such as to make it uninhabitable during the renovation period.
2. 
That he is the owner of the property and has undertaken renovation thereof,
3. 
What the status of taxes, liens and assessments is on the property,
4. 
The validity of and produce his homeowners hazard insurance policy for copying by the code enforcement officer,
5. 
The names and ages of the persons who reside in the house;
b. 
The code enforcement officer shall then issue a temporary permit to the owner and inspect the trailer; and report to the mayor and council at the next scheduled agenda meeting and advise whether the trailer complies with all standards of habitability, ordinances, codes and regulations and recommend to either grant or deny a final permit to use the house trailer for a period not to exceed six months from the date of the issuance of the temporary permit.
c. 
The property owner shall report to the mayor and council as to length of time required to restore the premises at the next regularly scheduled agenda meeting after the disaster.
d. 
The mayor and council shall by resolution at the next public meeting either grant or deny the final permit to use the house trailer for a period not to exceed six months from the date of the issuance of the temporary permit.
e. 
If it appears to the property owner that a period longer than six months is required he shall make application to the code enforcement officer no sooner than the expiration of the fifth month nor later than the first regularly scheduled agenda meeting of the sixth month after the temporary permit was granted by the code enforcement officer for an extension of the final permit.
f. 
Extension of Final Permit.
1. 
The code enforcement officer shall report to the mayor and council at the next regularly scheduled agenda meeting as to the status of the restoration of the home and may recommend the granting of an extension, provided that, in no event shall such extension exceed 60 days from the expiration of the final permit,
2. 
The mayor and council shall by resolution at the next regular public meeting either grant or deny the extension of the final permit,
g. 
Taxes and Liens. The code enforcement officer shall obtain a certification from the tax collector of the borough as to the current status of taxes, assessments and liens on the property. Should there by any outstanding taxes, assessments or liens existing, the code enforcement officer shall:
1. 
Advise the property owner in writing that the borough ordinance requires that the insurance company pay the borough a sufficient sum to bring these charges current if the total payment for damages on the premises exceeds $2,500 and in such event he shall obtain the signature of the resident acknowledging that he has been so advised; and
2. 
If the damages exceed $2,500 and there are such charges, the code enforcement officer shall so advise the insurance company in writing of the borough ordinance pursuant to P.L. 1978 C. 184 and affix to the letter a copy of the certification by the tax collector indicating the amount required to bring the charges current.
h. 
Removal of House Trailer.
1. 
The property owner shall report to the code enforcement officer immediately upon the completion of the restoration work so that same may be inspected by the building inspector for the issuance of a certificate of occupancy.
2. 
The building inspector shall charge the normal fee for such inspection and immediately advise the code enforcement officer in writing of the exact date and time that the homeowner has been granted a certificate of occupancy,
3. 
The homeowner shall remove the house trailer from the premises within 48 hours of the granting of the certificate of occupancy.
4. 
If the mayor and council deny a final permit pursuant to or an extension of the final permit pursuant to this section, the homeowner shall remove the trailer from the premises by noon of the day following the denial in the case of the denial of a final permit, and by noon on the expiration date of the final permit in the case of the denial of an extension.
i. 
Use of Trailer.
1. 
During the period when the house trailer is located on the premises pursuant to this section, same shall be occupied only by the individuals named in the homeowner's certification pursuant to paragraph a, 5 above.
2. 
The house trailer cannot be used for any purpose other than for the temporary emergency residence of the people named in paragraph a, 5 and cannot be leased, rented, demised or in any way alienated to any other persons, firms, businesses, corporations or entities.
3. 
The homeowner shall vest no right to continue to locate the house trailer on the premises or to use or occupy same beyond the time specifically granted in the temporary emergency permit by the mayor and council.
j. 
Violations and Penalties. For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, or makes a misrepresentation in any application or certification made pursuant to this section, shall for each and every day that such a violation continues be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[1]
Editor's Note: Section 10-5, National Flood Insurance Regulations and Flood Damage Prevention was readopted in entirety by Ord. No. 2016-233. Ordinance history includes: Ord. Nos. 343; 404; 522; 2006-80; 2009-144; 2013-191; 2014-199.
[Ord. No. 2016-233]
The Legislature of the State of New Jersey has in N.J.S.A. 40:48-1, et seq., delegated the responsibility to local governmental units to adopt regulations designed to promote public health, safety, and general welfare of its citizenry. Therefore, the Borough Council of the Borough of Union Beach, in the County of Monmouth, State of New Jersey does ordain as follows.
[Ord. No. 2016-233]
a. 
The flood hazard areas of the borough are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare.
b. 
These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately flood proofed, elevated or otherwise protected from flood damage also contribute to the flood loss.
[Ord. No. 2016-233]
It is the purpose of this section to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed:
a. 
To protect human life and health;
b. 
To minimize expenditure of public money for costly flood control projects;
c. 
To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
d. 
To minimize prolonged business interruptions;
e. 
To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in areas of special flood hazard;
f. 
To help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas;
g. 
To ensure that potential buyers are notified that property is in an area of special flood hazard; and
h. 
To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.
[Ord. No. 2016-233]
In order to accomplish its purposes, this section includes methods and provisions for:
a. 
Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
b. 
Requiring that uses vulnerable to floods including facilities which serve such uses, be protected against flood damage at the time of initial construction;
c. 
Controlling the alteration of natural flood plains, stream channels, and natural protective barriers, which help accommodate or channel flood waters;
d. 
Controlling filling, grading, dredging, and other development which may increase flood damage; and,
e. 
Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas.
[Ord. No. 2016-233]
Unless specifically defined below, words or phrases used in this section be interpreted so as to give them the meaning they have in common usage and to give this section its most reasonable application.
ADVISORY BASE FLOOD ELEVATION (ABFE)
Means those elevations promulgated by the Federal Office of Emergency Management on December 12, 2012 which more accurately reflect the true 1% annual change flood hazard elevations as a result of a large storm event.
APPEAL
Means a request for a review of the local administrator's interpretation of any provision of this section or a request for a variance.
AREA OF SHALLOW FLOODING
Means a designated AO, AH, or VO zone on a community's Digital Flood Insurance Rate Map (DFIRM) or Preliminary Flood Insurance Rate Maps (PFIRM) with a 1% annual or greater chance of flooding to an average depth of one to three feet; where a clearly defined channel does not exist, where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.
AREA OF SPECIAL FLOOD HAZARD
Means the land in the flood plain within a community subject to a 1% or greater chance of flooding in any given year.
AREAS OF SPECIAL FLOOD RELATED EROSION HAZARD
Is the land within a community which is most likely to be subject to severe flood related erosion losses. After a detailed evaluation of the special flood related erosion hazard area will be designated a Zone E on the Flood Insurance Rate Map.
BASE FLOOD
Means the flood having a 1% chance of being equaled or exceeded in any given year.
BASEMENT
Means any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
Means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
COASTAL HIGH HAZARD AREA
Means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources including V, VE, AE and Coastal A Zones.
DEVELOPMENT
Means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials located within the area of special flood hazard.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
Means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
ELEVATED BUILDING
Means a non-basement building (i) built in the case of a building in a coastal high hazard area to have the bottom of the lowest horizontal structural member of the elevated floor, elevated above the ground level by means of piling, columns (posts and piers), or shear walls parallel to the flow of the water, and (ii) adequately anchored so as not to impair the structural integrity of the building during a flood up to the magnitude of the base flood. In an area of special flood hazard "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters. In areas of coastal high hazard "elevated buildings" shall also include a building otherwise meeting the definition of "elevated building" even though the lower area is enclosed by means of breakaway walls.
EROSION
Means the process of the gradual wearing away of landmasses.
FLOOD INSURANCE STUDY (FIS)
Means the official report in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Insurance Rate Map(s) and the water surface elevation of the base flood.
FLOOD PLAIN MANAGEMENT REGULATIONS
Means zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as a flood plain ordinance, grading ordinance and erosion control ordinance) and other applications of police power. The term describes such State or local regulations, in any combination thereof, which provide standards for the purpose of flood damage prevention and reduction.
FLOOD, OR FLOODING
Means a general and temporary condition of partial or complete inundation of normally dry land areas from:
1. 
The overflow of inland or tidal waters and/or
2. 
The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD-RELATED EROSION
Means the collapse or subsidence of land along the shore of a lake or other body of water as a result of undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by unusually high water level in a natural body of water, accompanied by a severe storm, or by unanticipated force of nature, such as a flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable event which results in flooding.
FREEBOARD
Means the vertical distance measured between the top of the block or piles of a building for structures located in the Special Flood Hazard Area (or between the lowest horizontal structural member of the lowest floor for structures located in a Coastal High Hazard Area) and the Base Flood Elevation (BFE) Advisory Base Flood Elevation (ABFE) or Preliminary Base Flood Elevation (PBFE) whichever is greater.
HIGHEST ADJACENT GRADE
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
HISTORIC STRUCTURE
Means any structure that is:
1. 
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
2. 
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. 
Individually listed on a State inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
4. 
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
(a) 
By an approved State program as determined by the Secretary of the Interior; or
(b) 
Directly by the Secretary of the Interior in states without approved programs.
LOWEST FLOOR
Means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor provided that such enclosure is not built so to render the structure in violation of other applicable non-elevation design requirements.
MANUFACTURED HOME
Means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" shall not include a "recreational vehicle".
MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
Means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
MOBILE HOME
Mobile homes are not permitted by Section XIII, "Land Use and Development Regulations Ordinance of the Borough of Union Beach, Monmouth County, New Jersey."
NEW CONSTRUCTION
Means structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by a community and includes any subsequent improvements to such structures.
NEW MANUFACTURED HOME PARK OR SUBDIVISION
Means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of the flood plain management regulations adopted by the municipality.
PRELIMINARY BASE FLOOD ELEVATION PBFE
Means the elevation shown on the Preliminary Flood Insurance Rate Map (PFIRM) for Zones AE, AH, A1-30, or VE that indicates the water surface elevation resulting from a flood that has a 1% chance of occurring in any given year.
PRELIMINARY FLOOD INSURANCE RATE MAPS (PFIRM)
Means those elevations promulgated by the Federal Office of Emergency Management on January 31, 2015 which more accurately reflect the true 1% annual change in flood hazard elevations as a result of a large storm event.
PRIMARY FRONTAL DUNE
Means a continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves from coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from the relatively steep slope to a relatively mild slope.
RECREATIONAL VEHICLE
Means a vehicle which is (a) built on a single chassis; (b) 400 square feet or less when measured at the longest horizontal projections; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
SAND DUNES
Means naturally occurring accumulations of sand in ridges or mounds landward of the beach.
START OF CONSTRUCTION
Means for other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. No. 97-348) includes substantial improvements and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start shall mean either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STRUCTURE
Means a walled and roofed building, a manufactured home, or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL DAMAGE
Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT
Shall mean any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:
1. 
Any project for improvement of a structure to correct existing violations of State or local health, sanitary or safety code specifications which have been identified by the local code enforcement officer and which are the minimum necessary to assure safe living conditions; or
2. 
Any alteration of a "historic structure", provided that the alteration will not preclude the structure's continued designation as a "historic structure".
VARIANCE
Means a grant of relief from the requirements of this section which permits construction in a manner that would otherwise be prohibited by this section.
[Ord. No. 2016-233]
This section shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Union Beach, Monmouth County, New Jersey.
[Ord. No. 2016-233]
The areas of special flood hazard for the Borough of Union Beach, Community No. 340331, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
a. 
A scientific and engineering report "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)" dated September 25, 2009.
b. 
Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions) as shown on Index and panel numbers 34025C0029F, 34025C0033F, 34025C0034F, 34025C0041F; whose effective date is September 25, 2009.
c. 
Advisory Base Flood Elevations (ABFE) promulgated on December 12, 2012 by the Federal Emergency Management Agency.
d. 
Preliminary Flood Insurance Rate Maps (PFIRM) promulgated on January 31, 2015 by the Federal Emergency Management Agency.
The above documents and designations are hereby adopted and declared to be a part of this section. The Flood Insurance Study and maps are on file at Borough Hall, 650 Poole Avenue, Union Beach, New Jersey 07735.
[Ord. No. 2016-233]
No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this section and other applicable regulations. Violation of the provisions of this section by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined not more than $500 or imprisoned for not more than 30 days, or both, for each violation, and in addition shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the borough from taking such other lawful action as is necessary to prevent or remedy any violation.
[Ord. No. 2016-233]
This section is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this section and other ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.
[Ord. No. 2016-233]
In the interpretation and application of this section, all provisions shall be:
a. 
Considered as minimum requirements;
b. 
Liberally construed in favor of the governing body; and,
c. 
Deemed neither to limit nor repeal any other powers granted under state statutes.
[Ord. No. 2016-233]
The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land outside the area of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This section shall not create liability on the part of the borough, any officer or employee thereof or the federal insurance administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.
[Ord. No. 2016-233]
A development permit shall be obtained before construction or development begins within any area of special flood hazard established in subsection 10-5.7. Application for a development permit shall be made on forms furnished by the construction official and may include, but not be limited to; plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question; existing or proposed structures, fill, storage of materials, drainage facilities; and the location of the foregoing.
Specifically, the following information is required:
a. 
Elevation in relation to mean sea level, of the lowest floor (including basement) of all structures;
b. 
The Base Flood Elevation, Advisory Base Flood Elevation and/or Preliminary Base Flood Elevation made applicable to the subject property by this section.
c. 
The freeboard provided as set forth in subsection 10-5.5 Definitions above.
d. 
Elevation in relation to mean sea level to which any structure has been floodproofed.
e. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in subsection 10-5.17b; and,
f. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
[Ord. No. 2016-233]
The construction official or in his absence the code enforcement officer is hereby appointed as the local administrator to administer and implement this section by granting or denying development permit applications in accordance with its provisions.
[Ord. No. 2016-233]
Duties of the local administrator shall include, but not be limited to:
a. 
Permit Review.
1. 
Review all development permits to determine that the permit requirements of this section have been satisfied.
2. 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
3. 
Review all development permits to determine if the proposed development is located in the floodway.
4. 
Review all development permits in the coastal high hazard area of the area of special flood hazard to determine if the proposed development alters vegetation or sand dunes so as to increase potential flood damage.
5. 
Review plans for walls to be used to enclose space below the greater of the advisory base flood elevation, base flood level or preliminary base flood elevation in accordance with subsection 10-5.18, b, 4.
b. 
Use of other Base Flood and Floodway Data. When base flood elevation, advisory base flood elevation, preliminary base flood elevation and/or floodway data has not been provided in accordance with subsection 10-5.7, "Basis for Establishing the Areas of Special Flood Hazard", the local administrator shall obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source, in order to administer subsection 10-5.17a "Specific Standards", Residential Construction, and 10-5.17b "Specific Standards", Nonresidential Construction.
c. 
Information to be Obtained and Maintained.
1. 
Obtain and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures, and whether or not the structure contains a basement.
2. 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation (in relation to mean sea level); and
(b) 
Maintain the floodproofing certifications required in subsection 10-5.12e.
3. 
In coastal high hazard areas, certification shall be obtained from a registered professional engineer or architect that the provisions of subsection 10-5.18.b, 1 and 2 (a) and (b) are met.
4. 
Maintain for public inspection all records pertaining to the provisions of this section.
d. 
Alteration of Watercourses.
1. 
Notify adjacent communities and the New Jersey Department of Environmental Protection, Flood Control Section and the Land Use Regulation Program prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration.
2. 
Require that maintenance is provided within the altered or relocated portion of said watercourse so the flood carrying capacity is not diminished.
e. 
Interpretation of FIRM and/or PFIRM Boundaries. Make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection 10-5.15.
[Ord. No. 2016-233]
a. 
Appeal Board.[1]
1. 
The planning board as established by the Borough of Union Beach shall hear and decide appeals and requests for variances from the requirements of this section.
2. 
The planning board shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the local administrator in the enforcement or administration of this section.
3. 
Those aggrieved by the decision of the planning board, or any taxpayer, may appeal such decision to the mayor and council, as provided for in subsection 13-3.2 of the "Land Use and Development Regulations Ordinance of the Borough of Union Beach" and from the Superior Court of New Jersey.
4. 
In passing upon such applications, the planning board shall consider all technical evaluations, all relevant factors, standards specified in other sections of this section, and:
(a) 
The danger that materials may be swept onto other lands to the injury of others;
(b) 
The danger to life and property due to flooding or erosion damage;
(c) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
(d) 
The importance of the services provided by the proposed facility to the community;
(e) 
The necessity to the facility of a waterfront location, where applicable;
(f) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage;
(g) 
The compatibility of the proposed use with existing and anticipated development;
(h) 
The relationship of the proposed use to the comprehensive plan and flood plain management program of that area;
(i) 
The safety of access to the property in times of flood for ordinary and emergency vehicles;
(j) 
The expected heights, velocity, duration, rate of rise, and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and,
(k) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and water systems, and streets and bridges.
5. 
Upon consideration of the factors of subsection 10-5.15a, 4 and the purposes of this section, the planning board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this section.
6. 
The local administrator shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.
[1]
Editor's Note: The planning board as established by subsection 13-3.1 exercises the powers of the zoning board of adjustment.
b. 
Conditions for Variances.
1. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, advisory base flood level or preliminary base flood level plus minimum required freeboard, providing items (a) through (k) in subsection 10-5.15a, 4 have been fully considered. As the lot size increases beyond the one-half acre, the technical justification required for issuing the variance increases.
2. 
Variances may be issued for the repair or rehabilitation of historic structures upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.
3. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
4. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
5. 
Variances shall only be issued upon:
(a) 
A showing of good and sufficient cause;
(b) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and,
(c) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in subsection 10-5.15a, 4 or conflict with existing local laws or ordinances.
c. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
[Ord. No. 2016-233]
a. 
General Standards. In all areas of special flood hazards the following standards are required:
1. 
Anchoring.
(a) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse, or lateral movement of the structure.
(b) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include, but are not to be limited to, use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
2. 
Construction Material and Methods.
(a) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(b) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
3. 
Utilities.
(a) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system;
(b) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters;
(c) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding; and
(d) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
4. 
Subdivision Proposals.
(a) 
All subdivision proposals shall be consistent with the need to minimize flood damage;
(b) 
All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage;
(c) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and,
(d) 
Advisory base flood elevation, base flood elevation, and preliminary base flood elevation data shall be provided for subdivision proposals and other proposed development which contain at least 50 lots or five acres (whichever is less).
5. 
Enclosure Openings. For all new construction and substantial improvements having fully enclosed areas below the lowest floor that are usable solely for parking of vehicles, building access or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other covering or devices provided that they permit the automatic entry and exit of floodwaters.
[Ord. No. 2016-233]
In all areas of special flood hazards where base flood elevation, the advisory base flood elevations, or preliminary base flood elevation, data have been provided as set forth in subsection 10-5.7, "Basis for Establishing the Areas of Special Flood Hazard" or in subsection 10-5.14b, "Use of Other Base Flood Data", the following standards are required:
a. 
Residential Construction.
1. 
New construction and substantial improvement of any residential structure shall have the lowest floor, including basement together with the attendant utilities and sanitary facilities including all mechanicals elevated to or above the greater of the base flood elevation, the advisory base flood elevations or preliminary base flood elevation, plus a minimum of two feet of freeboard as set forth in subsection 10-5.5 Definitions;
2. 
Within any AO Zone on the Borough of Union Beach's FIRM or PFIRM or the advisory base flood elevation or preliminary base flood elevation data that all new construction and substantial improvement of any residential structure shall have the bottom of the lowest horizontal structural member of the lowest floor, including basement, elevated at least two feet above the highest adjacent grade as set forth in subsection 10-5.5 Definitions. And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures.
b. 
Nonresidential Construction. In an area of Special Flood Hazard, all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall:
1. 
Either.
(a) 
Have the bottom of the lowest horizontal structural member of the lowest floor, including basement, together with the attendant utilities and sanitary facilities including all mechanicals, elevated to the level of the greater of the base flood elevation, the advisory base flood elevations or preliminary base flood elevation, plus a minimum of two feet of freeboard as set forth in subsection 10-5.5 Definitions; and
(b) 
Within any AO Zone on the municipality's FIRM or PFIRM or the advisory base flood elevation or preliminary base flood elevation data that all new construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the bottom of the lowest horizontal structural member of the lowest floor, including basement, elevated at least two feet above the highest adjacent grade as set forth in subsection 10-5.5 Definitions. And, require adequate drainage paths around structures on slopes to guide floodwaters around and away from proposed structures;
2. 
Or
(a) 
Be floodproofed so that below the greater of the base flood elevation, the ABFE or preliminary base flood elevation plus a minimum of two feet of freeboard as set forth in subsection 10-5.14c,2, the structure is watertight with walls substantially impermeable to the passage of water;
(b) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and,
(c) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in subsection 10-5.14c,2.
c. 
Manufactured Homes.
1. 
Manufactured homes shall be anchored in accordance with subsection 10-5.16a,1.
2. 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the bottom of the lowest horizontal structural member of the lowest floor is at or above the greater of the base flood elevation, the advisory base flood elevations or preliminary base flood elevation, plus a minimum of two feet of freeboard as set forth in subsection 10-5.5, Definitions.
[Ord. No. 2016-233]
Coastal high hazard areas (V or VE, AE and Coastal A Zones) are located within the areas of special flood hazard established in subsection 10-5.7. These areas have special flood hazards associated with high velocity waters from tidal surges and hurricane wave wash; therefore, the following provisions shall apply:
a. 
Location of Structures.
1. 
All buildings or structures shall be located landward of the reach of the mean high tide.
2. 
The placement of manufactured homes shall be prohibited, except in an existing manufactured home park or manufactured home subdivision.
b. 
Construction Methods.
1. 
Elevation. All new construction and substantial improvements shall be elevated on piling or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the piling or columns) is elevated to or above the greater of the base flood elevation, the ABFE or the PBFE base flood level, plus a minimum of two feet of freeboard as set forth in subsection 10-5.5, Definition, with all space below the lowest floor's supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in subsection 10-5.18b,4(b).
2. 
Structural Support.
(a) 
All new construction and substantial improvements shall be securely anchored on piling or columns.
(b) 
The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse or lateral movement due to the effects of wind and water loading values each of which shall have a 1% chance of being equaled or exceeded in any given year (100-year mean recurrence interval).
(c) 
There shall be no fill used for structural support.
3. 
Certification. A registered professional engineer or architect shall develop or review the structural design specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for compliance with the provisions of subsections 10-5.18b,1 and 10-5.18b,2(a) and (b).
4. 
Space Below the Lowest Floor.
(a) 
Any alteration, repair, reconstruction or improvement to a structure started after the enactment of this section shall not enclose the space below the lowest floor unless breakaway walls, open wood lattice-work or insect screening are used as provided for in this section.
(b) 
Breakaway walls, open wood latticework or insect screening shall be allowed below the base flood elevation provided that they are intended to collapse under wind and water loads without causing collapse, displacement or other structural damage to the elevated portion of the building or supporting foundation system. Breakaway walls shall be designed for a safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions.
(1) 
Breakaway wall collapse shall result from a water load less than that which would occur during the base flood: and
(2) 
The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement or other structural damage due to the effects of wind and water load acting simultaneously on all building components (structural and non-structural). Water loading values used shall be those associated with the base flood. Wind loading values used shall be those required by applicable state or local building standards.
(c) 
If breakaway walls are utilized, such enclosed space shall be used solely for parking of vehicles, building access, or storage and not for human habitation.
(d) 
Prior to construction, plans for any breakaway wall must be submitted to the construction official for approval.
c. 
Sand Dunes. There shall be no man-made alteration of sand dunes, within Zones VE and V on community's DFIRM or PFIRM, which would increase potential flood damage.
[Ord. #88; Ord. #2006-80]
The owner, occupant or occupants of each and every dwelling, house, store or other building which now fronts, or hereafter may front, upon any street or public places within the borough, shall cause the same to be properly numbered in accordance with the directions and requirements of this section.
The figures used in numbering shall be at least 2 1/2 inches in height and placed conspicuously on the front of each dwelling, house, store, or other building.
For the purposes of this section, the Raritan Bay from East Point to West Keansburg Line shall be the northerly base or boundary and Locust Street as the westerly base or boundary between Front Street and Ninth Street to Stone Road the westerly boundary will be Chingarora Creek.
The numbering upon all streets and avenues intersection or if extended would intersect the southerly side of the street nearest to the northerly boundary the odd numbers shall be placed on the right hand side or the westerly side of said streets or avenues and the even numbers on the left hand side of the easterly side thereof and shall continue to the end. The numbering of houses upon all streets and avenues intersection or which if extended would intersect the easterly side of the street or avenue nearest the westerly boundary and all streets or avenues running easterly therefrom shall have the even numbers on the right side or the northerly side and shall so continue to the end.
Any person desiring to place numbers upon their respective dwelling, stores, or other buildings or lots shall before so doing apply to the tax collector's office of the borough and obtain from him the proper number for his dwelling, store or other building or lot which number so to be given by the tax collector shall be the same as the number endorsed upon a map of the borough used for the enforcement of this section.
Any person, firm or corporation violating any provision of this section shall upon conviction be liable to the penalty stated in Chapter 3, section 3-1.
[Ord. #335; Ord. #562; Ord. #609; Ord. #2006-80]
[1]
Editor's Note: Regulations Concerning the Disposal of Garbage, Trash and Debris are also contained in Chapter 12; Streets and Sanitation, Section 12-5.
Whenever it shall appear necessary and expedient to the code enforcement officer of the borough, for the protection of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from lands lying within the limits of the borough, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the code enforcement officer shall cause notice to be given to the owner, tenant, occupant or person in control of such lands and the owner, tenant, occupant or person in control shall within 10 days after notice, remove the same.
In case the owner, tenant, occupant or person in control of any such lands shall refuse or neglect to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice, and in the manner required by the code enforcement officer, the same shall be removed by or under the direction of the code enforcement officer of the borough or such officer of the borough as the mayor and borough council may designate.
In cases where the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris are removed from any lands, by or under the direction of the code enforcement officer or such other officer as the mayor and council may designate, the code enforcement officer or such other officer shall certify the cost to the mayor and council, who shall examine the certificate and if found correct, shall cause the cost as shown to be charged against the lands. The amount so charged shall become a lien upon the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
a. 
It shall be unlawful for any person to throw, drop, discard, or otherwise place litter of any nature upon any public or private property, other than a litter receptacle.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof including, but not limited to, any bottle, jar or can, or any top, cap, or detachable tab of any bottle, jar, or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspaper, magazines, glass, metal, plastic or paper containers or other packaging or construction material but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
b. 
Illegal Dumping. It shall be unlawful for any person to discard or dump along any street or road, on or off any right-of-way, any household or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle parts, rubber tires, appliances, furniture, or private property, except by written consent of the owner of said property, in any place not specifically designated for the purpose of solid waste storage or disposal.
c. 
Use of Litter Receptacles. Litter receptacles and their servicing are required at the following public places which exist in the municipality, including: sidewalks used by pedestrians in active retail commercially zoned areas, such that a minimum there shall be no single linear quarter-mile without a receptacle: buildings held out for use by the public, including schools, government buildings, and railroad and bus stations; parks; drive-in restaurants; all street vendor locations; self-service refreshment areas; construction sites; gasoline service stations islands; shopping centers; parking lots; campgrounds and trailer parks; marinas, boat moorage and fueling stations; boat launching areas; public and private piers operated for public use; beaches and bathing areas; and at special events to which the public is invited, including sporting events, parades, carnivals, circuses, and festivals. The proprietors of these places or the sponsors of these events shall be responsible for providing and servicing the receptacles such that adequate containerization is available.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
d. 
Containerization of Sweepings. No person shall sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk in front of his or her premises free of litter. All litter sweepings shall be collected and properly containerized for disposal.
e. 
Open or Overflowing Waste Disposal Bins. It shall be unlawful for any residential or commercial property owner to permit open overflowing waste disposal bins on his or her property.
f. 
Uncovered Vehicles. It shall be unlawful for any vehicle to be driven, moved, stopped or parked, on any public roadway unless such a vehicle is constructed, covered or loaded to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom. Any person operating a vehicle from which any materials which constitute litter have fallen or escaped, which could cause an obstruction, damage a vehicle, or otherwise endanger travelers or public property, shall immediately cause the public property to be cleaned of all such materials and shall pay the costs therefor.
g. 
Construction Sites. It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during, or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas, and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
h. 
Commercial Establishments and Residences. It shall be the duty of the owner, lessee, tenant, occupant or person in charge of any structure to keep and cause to be kept the sidewalk and curb abutting the building or structure free from obstruction or nuisances of every kind, and to keep sidewalks, areaways, backyards, courts and alleys free from litter.
i. 
Distribution of Handbills. It shall be unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
For any and every violation of the provisions of this section, the owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, shall for each and every day that such a violation continues be subject to a fine not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #2007-106]
[1]
Editor's Note: Former section 10-8, BOCA Basic Fire Prevention Code, previously codified herein and containing portions of Ordinance No. 295, was repealed in its entirety by Ordinance No. 2007-105. See section 9-3 for the International Fire Code. 2006.
It is hereby found and declared that the existence or occupation of any building or buildings, or parts thereof, in the Borough of Union Beach which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, or occupancy, or use, are inimical to the welfare and dangerous and injurious to the health and safety of the people of the Borough of Union Beach, and that a public necessity exists for the repair, closing or demolition of such building or buildings, or parts thereof. It is hereby found that there exists in the Borough of Union Beach such building or buildings which are unfit for human habitation or occupancy or use, due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, lack of sanitary facilities, or due to other conditions rendering such building or buildings, or part thereof, unsafe or unsanitary, or dangerous or detrimental to the safety or otherwise inimical to the welfare of the residents of the Borough of Union Beach, and as to which the Borough of Union Beach has the power pursuant to N.J.S. 40:48-2.3, et seq., to exercise its police powers to repair close or demolish, or cause or require the repairing, closing or demolition of such building or buildings, or part thereof, in the manner herein provided.
The following terms whenever used or referred to in this section, shall have the following respective meanings for the purpose of this section, unless a different meaning clearly appears from the context:
a. 
PUBLIC OFFICER - Shall mean the officer who is authorized by this section to exercise the powers prescribed for him.
b. 
PUBLIC AUTHORITY - Shall mean any officer who is in charge of any department or branch of the government of the borough relating to health, fire, building regulations, or to other activities concerning buildings in the Borough of Union Beach, including the mayor and members of the council.
c. 
OWNER - Shall mean the holder or holders of the title in fee simple.
d. 
PARTIES IN INTEREST - Shall mean all individuals, associations or corporations who have interests of record in a building and any who are in actual possession thereof.
e. 
BUILDING - Shall mean any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any accessory buildings, structures or appurtenances belonging thereto or usually enjoyed therewith.
f. 
DWELLING UNIT - Shall mean a building or portion thereof providing living facilities for one or more persons.
The Public Officer shall be the Code Enforcement Officer of the Borough of Union Beach and he shall exercise the powers prescribed by this section.
Whenever a petition is filed with the public officer by a public authority or by at least five residents of Union Beach charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer (on his own motion) that any building is unfit for human habitation or 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 formal complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer (or his designated agent), at a place therein fixed, not less than 10 days nor more than 30 days after the serving of said complaint and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer.
The International Property Maintenance Code, 2006 edition, adopted in section 10-2 of this chapter, pursuant to N.J.S. 40:49-5.1, et seq., the International Fire Code, 2006 edition, adopted in Section 9-3 of Chapter 9, pursuant to N.J.S. 40:49-5.1, et seq., the Uniform Construction Code and the Uniform Fire Code established by the Department of Community Affairs of the State of New Jersey, shall provide the standards by which the public officer may determine that a building or structure is unfit for human habitation, occupancy or use.
If the public officer shall determine after such notice and hearing that the building under consideration is unfit for human habitation or occupancy or use, 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 the parties in interest, an order as follows:
a. 
Requiring the repair, alteration or improvement of the said building to be made by the owner, within a reasonable time, which time, shall be set forth in the order, or, at the option of the owner, to vacate or have the said building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish the said building within a reasonable time as specified in the said order of removal.
If the owner fails to comply with an order to repair, alter or improve, or at the option of the owner, to vacate and close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed provided that the public officer shall not incur any expense to repair, alter or improve any building without approval by resolution of the borough council. The public officer may cause to be posted on the main entrance of any building so closed a placard with the following words:
"This building is unfit for human habitation or occupancy or use: the use or occupation of this building is prohibited and unlawful."
If the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished by borough employees, subject to approval by resolution of the borough council, or may contract for the removal or demolition thereof, subject to approval of such contract by the borough council, after advertisement for and receipt of bids thereof.
The amount of:
a. 
The cost of the filing of legal papers, expert witness' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section determined in favor of the borough, and
b. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal and demolition, if any, or
c. 
The amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof.
Shall be set forth in a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and shall be a municipal lien against the real property upon which such cost was incurred, and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail.
Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
If the building is removed or demolished by the public officer he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered or certified mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court: provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise.
Complaints or orders issued by the public officer pursuant to this section shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons are unknown and the same cannot be ascertained by the public officer in the exercise of reasonable diligence, and the public officer shall make an affidavit to that effect, then the service 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 of Monmouth and circulating in the Borough of Union Beach. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded with the County Clerk of the County of Monmouth.
Any person aggrieved by an order issued by the public officer pursuant to this section may within 30 days after the posting and serving of such order, avail himself of such remedies as are set forth in N.J.S. 40:48-2.8.
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 others herein granted:
a. 
To investigate the building conditions in the Borough of Union Beach in order to determine which buildings therein are unfit for human habitation or 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 manner as to cause the least possible inconvenience to the persons in possession.
d. 
To designate and fix the duties of such officers, agents and employees as he deems necessary to assist him in carrying out the purposes of this section, subject to confirmation by resolution of the borough council.
e. 
To delegate any of his functions and powers under this section to such officers, agents and employees.
This section is adopted to incorporate and supersede former Ordinance No. 170 adopted April 26, 1962, which was inadvertently omitted from the codification of ordinances entitled "The Revised General Ordinances of the Borough of Union Beach, 1980." The former Ordinance No. 170 is hereby repealed. Nothing in this section or in the Property Maintenance Code adopted by the borough 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 acquired or existing, under any act or ordinance hereby repealed as cited in this subsection; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
The adoption of the International Property Maintenance Code, 2006 edition, in section 10-2 of this chapter pursuant to N.J.S. 40:49-5.1. et seq., is intended to supplement and complement this section and prior Ordinance No. 170 and in the event of any inconsistency between alternative or corresponding provisions of this section and the International Property Maintenance Code the code enforcement officer may follow or apply either provision except that in the event of any clear conflict between the provisions of this section and the International Property Maintenance Code the provisions of this section shall control.
Any person who shall violate a provision of this code shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
Each day that a violation continues after due notice has been served shall be deemed a separate offense.
If the violation is of a provision of any housing, building or zoning code and the code enforcement bureau official or other code enforcement officer chooses to impose a fine in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[Ord. #429]
Pursuant to N.J.S.A. 54: 4-3.73 et seq., the first $10,000 of the assessor's full and true value of home improvements for each dwelling unit primarily and directly affected by a home improvement in any dwelling located in the Borough of Union Beach, which is more than 20 years old, shall be exempt from added assessment for a period of five years from the date of the assessment for the year immediately following completion of the improvement.
The assessor shall obtain notices describing the exemption program from the department of community affairs, for distribution to the public and shall cause said notice to be included in the mailing of annual tax bills to each property owner in the Borough of Union Beach.
No exemption shall be granted except upon written application therefor filed with and approved by the assessor, and such application shall be filed with the assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement.
[Ord. No. 2003-27; Ord. No. 2014-216]
The purpose of this section is to supplement the landlord registration requirement set forth in N.J.S.A. 46:8-28, et seq., to require landlords to provide additional information to the Code Enforcement Bureau, which information will facilitate the enforcement of this section and all other applicable statutes, codes and regulations and which will be filed and indexed in such a manner as to comply with this section and N.J.S.A. 46:8-28, et seq.
[Ord. No. 2013-27; Ord. No. 2014-216]
As used in this section
AGENT
Shall mean the individual(s) designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this section. The term does not necessarily mean a licensed real estate broker or salesperson of the State of New Jersey. However, such term may include a licensed real estate broker or salesperson of the State of New Jersey if such person is designated by the owner as the owner's agent.
APARTMENT COMPLEX
Shall mean two or more buildings, each containing two or more apartments/condominiums/ townhouses which are located within close proximity of each other and are owned by the same owner.
APARTMENT OR DWELLING
Shall mean any apartment, condominium, townhouse, bungalow, cooperative, cottage, or any room or rooms in a rooming/boarding house or in any other building which shall be used as a residence, notwithstanding whether the room or one of the rooms is designed or used as an office, for the operation of any business or trade, or any other independent use.
ENFORCING AGENCY
Shall mean all officials of the Code Enforcement Bureau, the Construction Official, the Subcode Officials, the Fire Protection Inspector, the Code Enforcement Officer, Property Maintenance Officer, Zoning Officer, regular or special police officers, and all other officials or officers designated by the Borough Council to enforce the provisions of this section.
INSPECTOR OR CODE ENFORCEMENT OFFICER
Shall mean any member of the Enforcing Agency.
LANDLORD
Shall be synonymous with "owner."
OCCUPANT
Shall mean any person who resides in any rental unit.
OWNER
Shall mean any person or group of persons, firm(s), corporation(s) limited liability company(s) association, trust, any type of partnership, or other entity, which holds title to, or has an interest in, or exercises control over, manages, or supervises any rental facility.
RENTAL FACILITY
Shall mean every building, group of buildings or portion thereof which is kept, used, maintained, advertised or held out to be a place where living accommodations are supplied, whether furnished or unfurnished, for pay or other consideration to one or more individuals and is meant to include apartments and apartment complexes.
RENTAL UNIT
Shall mean a dwelling unit which is available for lease or rental purposes, including, but not limited to, single family homes, two family homes, multi-family homes, individual units located within apartment, condominium or townhouse complexes, and individual rooms or suites located entirely within another dwelling.
RESIDE
Shall mean to use a rental facility by a person for sleeping, eating, bathing or other personal hygiene purposes, housekeeping, storage of clothing or other personal effects, for seven consecutive days. For the purpose of reaching an initial determination that a person resides in a rental facility it shall be sufficient that an Enforcing Officer shall observe the person on seven consecutive days in or about the rental facility or shall observe clothing or personal effects of person in or about the rental facility. Once the Enforcing Officer makes an initial determination that a person resides in a rental facility the burden of proof shall shift to the owner or person to prove by a preponderance of the evidence that the person does not reside in the rental facility.
VIOLATION OF THIS SECTION
Shall also include a violation of any other ordinance, code or regulation which may be enforced pursuant to the provisions of this section.
[Ord. No. 2003-27; Ord. No. 2014-216; Ord. No. 2016-242]
a. 
Each and every rental unit shall hereafter be registered with the Enforcing Agency on forms which shall be provided for that purpose and which shall be obtained from the office of the Enforcing Agency. The annual registration renewal for each calendar year shall be completed no later than February 15th of the subject year.
b. 
No rental unit shall hereafter be rented unless the rental unit is registered in accordance with this section.
c. 
Registration shall be renewed annually, whether the unit is vacant or occupied and at time of certificate of occupancy when ownership or occupancy changes.
d. 
If a tenant vacates a rental unit and it remains vacant either due to repairs, renovation, code enforcement or any other reason, the owner shall notify the Enforcing Agency that the unit is vacant.
e. 
Registration pursuant to this section does not constitute an approval for the use and occupancy of said rental unit. A certificate of occupancy is also required for each unit.
[Ord. No. 2003-27; Ord. No. 2014-216]
The registration form required by this section shall include the following information:
a. 
The name, address and telephone number of each record owner or owners of the property containing the rental unit and each person or entity exercising control over, managing, or exercising supervision of any rental facility. The telephone numbers provided on the form shall be numbers where each such individual can be reached during both day and evening hours. If the record owner or managing/supervising entity is a corporation the names, addresses and telephone numbers of each corporation officer and registered agent of the corporation shall be listed. If the record owner is a partnership the names, addresses and telephone numbers of each general partner shall be listed. If the record owner is a limited liability company the names, addresses and telephone numbers of each person designated in the operating agreement general partner shall be listed.
b. 
If the address of any record owner is not located in Union Beach, the name, address and telephone number of a person who reside in Monmouth County shall be provided, which person will be authorized to accept notices from a tenant or Borough representative, to issue receipts therefor and to accept service of process on behalf of the record owner.
c. 
The name, address and telephone number of any agent of the record owner of the property, if different from the information provided under paragraph a above.
d. 
The name, address, including the dwelling unit number, and telephone number of the superintendent, janitor, custodian or other individual employed by the owner or agent to provide regular maintenance service to the property, if any. The telephone numbers provided on the form shall be numbers where each such individual can be reached during both day and evening hours.
e. 
The name, address and telephone number of an agent of the record owner of the property, if different from the information provided under paragraph a above, who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and the financial resources to effect any repair or incur any expenditure in connection therewith.
f. 
The name, address and telephone number of any recorded mortgage on the property.
g. 
If fuel oil or natural gas is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil or natural gas dealer servicing the building and the grade of fuel oil or natural gas being used.
h. 
As to each rental unit, a specific statement of the exact number of sleeping rooms contained in the rental unit. A floor plan of each rental unit, identifying each room, including both its designed and actual use, the dimensions and location of each room and the rental unit's location within the property, shall be submitted and shall become part of the registration form maintained by the Enforcing Agency.
i. 
Such other information as may be required by the Borough.
j. 
All addresses must include the full accurate street address. A PO Box alone is not sufficient, but may be included, if used, along with the street address.
k. 
The name, date of birth and gender of each occupant of the rental unit, whether the occupant is a formal tenant or not. This information shall be maintained by and be available only to the Enforcing Agency and shall otherwise remain confidential and shall not be available to the public.
[Ord. No. 2003-27; Ord. No. 2014-216]
The Enforcing Agency shall file a copy of the registration form, excepting therefrom the information concerning the occupants and the floor plan of the rental unit, with the Borough Clerk. The Borough Clerk shall index and file the registration forms in compliance with the mandates of N.J.S.A. 46:8-28.1 as amended and supplemented so that the filing of the registration form will simultaneously satisfy the registration requirements of N.J.S.A. 46:8-28, et seq., to the extent that it applies to the property being registered, and the registration requirements of the section.
[Ord. No. 2003-27; Ord. No. 2014-216]
Every person required to file a registration form pursuant to this section shall file an amended registration form within 20 days after any change in the information required to be included therein.
[Ord. No. 2003-27; Ord. No. 2014-216]
a. 
Rental units shall be inspected by persons or agencies duly authorized by the Borough to conduct inspections. Such inspections shall be for the purpose of determining Zoning Ordinance compliance, and to the extent applicable, to determine if the rental facility complies with all laws including the Property Maintenance Code, Uniform Construction Code, Health Code, Building Code, Housing Code and Fire Code.
b. 
If a rental unit is not in compliance with all of the applicable ordinances, codes and regulations, the owner or agent shall be given a notice of noncompliance listing the specific deficiencies or violations. Upon receiving the notice of noncompliance the owner or agent shall cause all required repairs or corrections to be completed within the time prescribed by the applicable code, and if the required repairs and corrections are not made within that time period, the owner shall be deemed in violation of this section. No rental unit deemed in violation of this section may be occupied by a tenant or otherwise used as a residence. Each day that the violation continues shall constitute a separate and distinct violation subject to the penalty provisions of subsection 10-10.16.
[Ord. No. 2003-27; Ord. No. 2014-216]
a. 
All rental facilities, rental units, rooming houses and boarding houses subject to this section are subject to inspections to determine their condition in order to safeguard the health, safety and welfare of the occupants of such rental facilities, rental units, rooming houses and boarding houses and of the general public. At the time of such inspections all rooms in the rental facilities, rental units, rooming houses and boarding houses shall be available and accessible for such inspections, and the owner, operator and occupant are required to provide the necessary arrangements to facilitate the inspections. Inspections shall be made between 8:00 a.m. and 8:00 p.m. with the consent of the occupant, who is of legal age to grant such consent, or with an administrative warrant unless there is reason to believe that a violation exists which is an immediate threat to health or safety requiring inspection and abatement without delay, or where the time taken to apply for and secure the issuance of a warrant would render ineffective the immediate action necessary to abate the condition. Inspection officers shall make reasonable attempts to obtain consent of the occupant prior to application for an administrative warrant.
b. 
Every occupant shall give the owner of the rental facility, rental unit, rooming house and boarding house, and the owner's agent or representative, access to any part of such rental facility, rental unit, rooming house and boarding house either in accord with the written lease between the parties or, if no written lease is currently in effect between the parties, then the tenant shall give the owner, and the owner's agent or representative, access at all reasonable times between 8:00 a.m. and 8:00 p.m. for the purpose of making such repairs and modifications as are necessary to bring the property into compliance with the provisions of this section, any other Borough ordinances or codes, any other statutes or regulations or any lawful order issued pursuant thereto.
c. 
If the Enforcing Agency receives any complaint alleging a violation of this section an Inspector or Code Enforcement Officer shall conduct an inspection of the property and condition complained of within 10 days of receipt of the complaint.
[Ord. No. 2003-27; Ord. No. 2014-216]
Each Inspector and Code Enforcement Officer shall be supplied with official identification and shall exhibit such identification when entering any rental facility, rental unit, rooming house and boarding house or any part of any premises subject to this section. Inspectors and Code Enforcement Officers shall conduct themselves in such a manner as to effectively and expeditiously perform their duties while minimizing inconvenience to the occupants.
[Ord. No. 2003-27; Ord. No. 2014-216]
a. 
If the owner or occupant refuses or hinders access to a rental facility, rental unit, rooming house and boarding house or any part of any premises subject to this section, the Inspector or Code Enforcement Officer may apply to the Judge of the Municipal Court for a search warrant. The grounds for the warrant shall be set forth in an affidavit specifying the conditions and circumstances which support a reasonable belief that a violation of this section exists or may exist on the property. These conditions or circumstances may include one or more of the following:
1. 
The property requires inspection according to the cycle or practice established by the Enforcing Agency or other authority of the Borough for periodic inspections of the type of property involved;
2. 
Actual observation by the person making out the affidavit of an external condition of the property and its public areas which provides a reasonable basis to conclude that a violation exists or may exist;
3. 
Circumstances such as the age of the building, type of building, particular use or other factors indicate that an inspection of the property is desirable in the interest of health and safety.
b. 
If the Judge of the Municipal Court of the Borough is satisfied from the matter set forth in the affidavit that reasonable grounds appear that a violation of this section exists or probably exists on the property, the Judge shall authorize the issuance of a search warrant to the Inspector or Code Enforcement Officer permitting access to the property or that part of the property in which the violation may exist for the purpose of conducting an inspection.
c. 
If the Inspector or Code Enforcement Officer, acting pursuant to a search warrant, is refused entry or access or is otherwise impeded or prevented by the owner, occupant or any other person acting on behalf or purporting to act on behalf of the owner or occupant, such person shall be in violation of this section and subject to the penalties thereunder. This violation shall be separate from and in addition to any violation discovered as a result of the ultimate inspection authorized by the search warrant.
d. 
The Inspector or Code Enforcement Officer, once a search warrant is issued by the Municipal Court Judge, shall, upon request to the Chief of Police, Captain or supervising officer of the shift, be accompanied by an officer of the Police Department to aid in the conduct of the inspection authorized by the search warrant. Before assigning a police officer to accompany and assist the Inspector or Code Enforcement Officer the Chief, Captain or other supervising officer may request to examine the search warrant.
[Ord. No. 2003-27; Ord. No. 2014-216]
No person shall hereafter occupy any rental unit, nor shall the owner permit occupancy of any rental unit within the Borough of Union Beach unless the rental unit is registered in accordance with this section.
[Ord. No. 2003-27; Ord. No. 2014-216; Ord. No. 2017-261]
At the time of the filing of the registration form the owner or agent of the owner must pay a registration fee of $50 per rental unit, but not to exceed $5,000 per rental facility or apartment complex. If the owner of the property is a senior citizen (age 65 years or older) who resides in a unit located on the property and rents out the remaining units, and would otherwise qualify under N.J.S.A. 54:4-8.41 for property tax deductions, there shall be no fee. After the annual registration, the fee for an amended registration in the same year is $50 per rental unit, not to exceed $2,000 per calendar year per rental facility or apartment complex.
[Ord. No. 2003-27; Ord. No. 2014-216]
Every owner shall provide each tenant with a copy of the registration form and shall also post a copy in a public place within the rental facility or apartment complex. If the property is a one to three family rental facility without any common public place the form need not be posted. This requirement shall not apply to a hotel, motel or guest house registered with the State of New Jersey pursuant to the Hotel and Multiple Dwelling Act, N.J.S.A. 55:13A-1, et seq.
[Ord. No. 2003-27; Ord. No. 2014-216]
a. 
The maximum number of occupants shall be posted in a conspicuous area within each rental unit, on a form provided by the Borough, by the owner of each rental unit. It shall be unlawful for any person, including the owner, agent or tenant, to al low a greater number of persons than the posted maximum number of occupants to sleep in or occupy the rental unit. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.
[Ord. No. 2003-27; Ord. No. 2014-216]
a. 
Only those occupants whose names are on file with the Borough as required in this section may reside in the registered premises. It shall be unlawful for any other person to reside in said premises. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.
b. 
Any person, including the owner, agent or tenant, who allows a non-registered person to reside in said premises shall be in violation of this section. Any persons violating this prohibition shall be subject to the penalty provisions of subsection 10-10.16 of this section.
c. 
The conduct engaged in by all occupants who reside in registered premises shall at all times be in full compliance with all applicable ordinances and regulations of the Borough and with all applicable State and federal laws.
[Ord. No. 2003-27; Ord. No. 2006-80; Ord. No. 2014-216]
a. 
Any person who violates any provision of this section shall, upon conviction in the Municipal Court or such other Court having jurisdiction, be liable to a fine not exceeding $1,500 or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days.
b. 
The minimum penalty that shall be imposed for a violation of this section is a fine of $250 each day that a violation occurs shall be deemed a separate and distinct violation.
c. 
Any person convicted of violating any provision of this section within one year of the date of a previous violation, which resulted in a conviction, shall be sentenced to an additional fine or other penalty as a repeat offender. The additional fine imposed by the Court for a repeat offense shall not be less than the minimum fine or exceed the maximum fine permitted by this section, but shall be calculated separately from the fine imposed for the violation of the section.
[Ord. #2010-165]
Definitions pertaining to private storm drain inlet retrofitting ordinance:
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in a plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains (that is owned or operated by the Borough of Union Beach or any other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject or municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in the storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet and combination inlet.
WATER OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface groundwater, whether natural or artificial, within boundaries of the State of New Jersey or subject to its jurisdiction.
No person in control of private property (except residential lot with one single-family house) shall authorize the paving, repairing (excluding the repair of individual potholes) resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen) reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of the solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in the subsection 10-11.3 below prior to the completion of the project.
Storm drain inlet identified in the subsection 10-11.1 above shall conform with the following standard to control passage of solid and floatable through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash and other floating, suspended, or settleable solids. For exemptions to this standards see subsection 10-11.3b below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grate subject to this standard include grates in the grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on the storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
3. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more or clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
b. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g. end of pipe netting facility manufactured treatment device, or catch basin hood) that is designed at a minimum, to prevent delivery of all solid and floatable material that could not pass through one of the following:
(a) 
A rectangular space 4.5 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inch.
3. 
Where flows are conveyed through a task rack that has parallel bars with one-inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c) that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
This section shall be enforced by the Borough of Union Beach Police Department.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed less than $300 nor more than $1,000 for each storm drain inlet that is not retrofitted to meet the design standard.
[Ord. #2010-166]
Definitions pertaining to refuse containers and dumpsters:
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meaning stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in a plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SYSTEM (MS4)
Shall mean a conveyance or system or conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains (that is owned or operated by the Borough of Union Beach or any other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject or municipal jurisdiction.
REFUSE CONTAINERS
Shall mean any waste container that a person controls whether owned, leased, or operated, including dumpsters, trash cans, garbage pails, and plastic trash bags.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage or drainage facilities or is conveyed by snow removal equipment.
WATER OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface groundwater, whether natural or artificial, within boundaries of the State of New Jersey or subject to its jurisdiction.
Any person who controls, whether owned, leased, or operated, a refuse container or dumpster must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing.
Any person who owns, leases or otherwise uses a refuse container or dumpster must ensure that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate storm sewer system(s) operated by the Borough of Union Beach.
a. 
Permitted temporary demolition containers.
b. 
Litter receptacles (other than dumpsters or bulk containers).
c. 
Individual homeowner trash and recycling containers.
d. 
Refuse containers at facilities authorized to discharge stormwater under a valid NJPDES permit.
e. 
Large bulky items (e.g. furniture, bound carpet and padding, white goods placed curbside for pickup).
This section shall be enforced by the Borough of Union Beach Police Department and the Code Enforcement Officer.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $2,000.
[Ord. #2014-204]
OWNER
Shall mean and include the title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions C.46:10B-51 (P.L. 2008, c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity determined by the Borough of Union Beach to have authority to act with respect to the property.
VACANT PROPERTY
Shall mean any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including but not limited to any property meeting the definition of abandoned property in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this ordinance.
Effective June 1, 2014, the owner of any vacant property as defined herein shall, within 30 calendar days after the building becomes vacant property or within 30 calendar days after assuming ownership of the vacant property, whichever is later; or within 10 calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the property maintenance Inspector on forms provided by the borough for such purposes. Failure to receive notice by the municipality shall not constitute grounds for failing to register the property.
a. 
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person 21 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code; and the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firms individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a twenty-four-hour per day, seven-day per week basis. The two entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
c. 
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be pro-rated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 10-13.5 for each vacant property registered. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 10-13.5 for each vacant property registered.
d. 
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than 10 months prior to that date.
e. 
The owner shall notify the clerk within 30 calendar days of any change in the registration information by filing an amended registration statement on a form provided by the clerk for such purpose.
f. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the borough against the owner or owners of the building.
The owner of any vacant property registered under this section shall provide access to the borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. and 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the borough.
a. 
An owner who meets the requirements of this section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
b. 
By designating an authorized agent under the provisions of this section the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough of Union Beach in writing of a change of authorized agent or until the owner files a new annual registration statement.
c. 
Any owner who fails to register vacant property under the provisions of this section shall further be deemed to consent to receive, by posting on the building, in plain view, and by service of notice at the last known address of the owner of the property on record within the Borough of Union Beach by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
The initial registration fee for each building shall be $500. The fee for the first renewal is $1,500, and the fee for the second renewal is $3,000. The fee for any subsequent renewal beyond the second renewal is $5,000.
Vacant Property Registration Fee Schedule
Initial Registration
$500
First Renewal
$1,500
Second renewal
$3,000
Subsequent renewal
$5,000
The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within 30 days thereof:
a. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes; and
b. 
Post a sign affixed to the building indicating the name, address and telephone number of the owner, the owner's authorized agent for the purpose of service of process (if designated pursuant to subsection 10-13.4), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than eight inches by 10 inches; and
c. 
Secure the building from unauthorized entry and maintain the sign until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
d. 
Ensure that the exterior grounds of the structure, including yards, fences, sidewalks, walkways, rights-of-way, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
e. 
Continue to maintain the structure in a secure and closed condition, keep the grounds in a clean and well-maintained condition, and ensure that the sign is visible and intact until the building is again occupied, demolished, or until repair and/or rehabilitation of the building is complete.
a. 
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $100 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and shall be a lien on the property.
b. 
For purposes of this section, failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this section.
[Ord. No. 2015-228]
a. 
The Code Enforcement Officer or other official designated by the Borough Administrator is hereby directed to identify abandoned properties within the municipality, place said properties on an abandoned property list established as provided in Section 36 of P.L. 1996, c.62 (C.55:19-55), as amended by section 28 of P.L. 2003, c210 and provide such notices and carry out such other tasks as are required to effectuate an abandoned property list as provided by law.
b. 
The abandoned property list shall apply to the Borough of Union Beach as a whole.
c. 
The Code Enforcement Officer or other official designated by the Borough Administrator is hereby designated as the public officer for the purpose of carrying out the responsibilities established by this ordinance, and shall have all the responsibilities and powers as provided by law.
d. 
The public officer shall provide a report to the Mayor and Council every six months, with respect to the number and location of the properties on the abandoned property list, the status of those properties, and any action taken by the municipality or by any qualified rehabilitation entity designated by the Mayor and Council with respect to any property on the list or any other abandoned within the Borough of Union Beach.