[Ord. No. 541 § 1;
New]
The International Property Maintenance Code/2009, together with
such revisions, amendments and supplements as have been, or may be,
made thereto, is hereby adopted by reference and is incorporated as
if fully set forth at length herein, except for such portions of the
Code as are hereinafter deleted, modified and amended.
[Ord. No. 541 § 2;
New]
Three copies of the International Property Maintenance Code/2009
and Amendments are filed in the office of the Code Enforcement Official
of the Borough, and will remain on file in such office for use and
examination by the public. Copies of the Property Maintenance Code
shall be available for purchase at a charge to be determined by resolution
of the Borough Council.
[Ord. No. 541 § 3; Ord. No. 548 § 1; Ord. No. 821 § 1; New]
The International Property Maintenance Code/2009, together with
such revisions, amendments and supplements as may be made thereto,
is hereby amended as follows:
a.
Section 100.1 is amended to read as follows: These regulations shall
be known as the Property Maintenance Code of the Borough of Sea Girt,
hereinafter referred to as the "Property Maintenance Code" or the
"Code."
b.
Section 103.1 is amended to read as follows: It shall be the duty
and responsibility of the Code Enforcement Officer, Construction Official,
Building Subcode Official, Health Officer, Police Department, Fire
Chief, or other authorized representatives (hereinafter collectively
referred to as "Code Official") to enforce the provisions of this
Code as herein provided.
c.
Section 106.4 is amended to read as follows: Any person, firm or
corporation violating any of the provisions of this Code shall, upon
conviction thereof, be subject to a fine of not less than $500 nor
more than $2,000 or imprisonment for a term not to exceed 90 days,
or both, at the discretion of the Court having jurisdiction in the
matter. Each day that a violation continues after due notice has been
served, shall be deemed a separate offense.
d.
Section 111.2 is amended to read as follows: In order to protect
existing structures in the jurisdiction by vigorous enforcement of
this Code, the Mayor and members of Council are hereby designated
as the Property Maintenance Code Appeals Board of the Borough, hereinafter
referred to as the "Board."
e.
Section 111.2.1 is amended to read as follows: The filing fee for
an appeal to the Board shall be $500 which must be paid at the time
a petition is filed pursuant to 111.1. The Board shall hear and decide
any such appeal within 30 days after the filing thereof. The failure
of the Board to hear and decide the appeal within the period prescribed
shall constitute an affirmance of the decision of the Code Official.
In the event of the Board's failure to hear and decide the appeal
within the period prescribed herein, the aforesaid filing fee shall
be returned to the petitioner within 30 days.
The appeal shall be filed in writing with the Board and shall
set forth specifically:
1.
A statement of the requirements of the regulation from which the
appeal is made;
2.
A statement of the manner by which strict compliance with the regulation
would result in undue hardship;
3.
A statement of the nature and extent of the undue hardship; and
4.
A statement of feasible alternatives to the requirements of the regulation
which would adequately protect the safety of the occupants or intended
occupants, and the public generally.
f.
Section 110.2.2 is amended to read as follows: The Board shall hear
all appeals relative to the enforcement of this Code, and by a concurring
vote of the majority of its members may reverse or affirm wholly or
partly, or may modify, the decision appealed from, and shall make
such order, determination or grant such relief as in its opinion ought
to be made. Failure to secure such concurring votes shall be deemed
a confirmation of the decision of the Code Official.
Whenever the Board shall reverse, modify or grant relief from
the decision of the Code Official, a written statement of reasons
therefor shall be prepared stating the nature and extent of its determination.
The criteria for decisions of the Board shall be in accordance
with the following:
1.
The Board may reverse or modify the decision of the Code Official
upon a finding that the decision was arbitrary or based upon an erroneous
interpretation of the Code.
2.
Where the applicant seeks a variance to allow a departure from Code
requirements, the Board may grant relief if it is determined:
(a)
That strict compliance with the regulations would result in
undue hardship; and
(b)
That the variance will not be inconsistent with the interests
of the general health, safety and welfare of the occupants of the
structure; and
(c)
That the variance, if granted, will not substantially impair
the intent and purpose of the Code.
g.
Section 107.5 is amended to read as follows;
No person or other entity shall sell, purchase, or rent any
residential property unless its sidewalks, steps and driveways, and
similar paved areas, or any portion thereof, are in a proper state
of repair so as not to constitute a danger to the public safety.
A certificate of occupancy issued by the Borough Code Official
will be required prior to any sale, transfer, or leasing of such property,
which will be issued only after satisfactory on-site inspection of
the premises by the Code Official.
The fee for such inspection and issuance of a certificate of occupancy shall be $100, in addition to the fee required by subsection 13-1.3 and subsection 13-1.4.
In the event repairs are required, necessitating reinspection,
an additional fee of $50 will be charged for each such reinspection.
h.
Section 403.1 is amended to read as follows: Where a sleeping room
is used as the only means of access to other sleeping rooms or habitable
spaces, the door between such sleeping room and the other sleeping
rooms or habitable spaces shall not contain any locking device.
i.
Section 404.2 is hereby amended to read as follows: Every room occupied
as sleeping quarters by one occupant shall contain at least 70 square
feet of floor area, and every room occupied as sleeping quarters by
more than one person shall contain at least 50 square feet of floor
area for each occupant thereof.
j.
Section 404.3 is hereby deleted.
k.
Section 801.9 is hereby deleted.
[Ord. No. 838 § 1]
No owner, tenant or occupant of a dwelling or land in the Borough
shall plant, grow, keep or maintain, or permit to be planted, grown,
kept or maintained upon the front line of any lot, or lots, in the
Borough of Sea Girt, any privet hedge or other fence which shall be
more than three feet in height.
[Ord. No. 838 § 2]
No owner, tenant or occupant of a dwelling or land in the Borough
shall plant, grow, keep or maintain, or permit to be planted, grown,
kept or maintained upon the curbline of any street or upon or over
the sidewalks or footwalks of the Borough, any trees or shrubbery,
the limbs, branches or foliage of which shall be less than eight feet
above the sidewalks or footwalks.
[Ord. No. 838 § 3]
No person shall deposit or permit to be deposited in the gutters
of the streets of the Borough any grass cuttings or other debris or
refuse.
[Ord. No. 838 § 4]
a.
No owner, tenant or occupant of a dwelling or land, in the Borough
shall permit, or cause to accumulate, any trash or debris or overgrowth
of grasses, brush or weeds upon such property which will constitute
a fire hazard or be injurious to the public health, safety, or general
welfare of the citizens of the Borough.
b.
Any accumulated growth of grasses, brush or weeds exceeding the height
of 12 inches, shall be presumed to be injurious to the health, safety,
or general welfare.
[Ord. No. 838 § 5]
This section will be enforced by the Code Enforcement Officer of the Borough who, upon ascertaining a violation of subsection 13-2.4 above, shall serve upon the owner, tenant or occupant a notice requiring removal of the offending material within 10 days of service of the notice. Such notice may be served personally, or by certified mail addressed to the owners or occupants, as shown on the Borough tax duplicates, or by posting the notice in a conspicuous place on the property. The notice shall further provide that upon noncompliance with the notice, that such removal will be performed at the Borough's direction, at the property owner's expense.
[Ord. No. 838 § 6]
Upon the refusal or neglect of the person to whom the notice
was directed to remove or destroy the trash, debris or overgrowth,
within 10 days of notice, under the direction of the Superintendent
of Public Works, the work will be performed. In this event, the Superintendent
of Public Works will certify to the Governing Body the cost of such
removal, and if it be found to be correct by it, such cost will be
charged against the lands and become a lien on the lands and become
a part of the taxes next to be assessed in accordance with the provisions
of N.J.S.A. 40:48-2.14.
[Ord. No. 838 § 7]
Refusal or neglect to remove or destroy such trash or overgrowth
within 10 days after notice of such condition to the owner, tenant,
or occupant of such lands, will constitute a violation of this section
and subject such person or corporation to the penalties hereinafter
provided upon conviction in the Municipal Court.
[Ord. No. 838 § 8]
a.
Upon conviction for violation of this section, a fine of not less than $100 or more than the penalty stated in Chapter 1, Section 1-5, shall be imposed, or in the alternative, or in the event the fine is not paid, confinement in the Monmouth County Jail or a period of community service for a period not to exceed 30 days.
b.
Any person who is convicted of violating this section within one
year of the date of a previous violation of this section and was fined
for the previous violation shall be sentenced by the court to an additional
fine as a repeat offender. The additional fine shall be not less than
the minimum or exceed the maximum fine fixed for violation of this
section but shall be calculated separately from the fine imposed for
the violation of this section.
[Ord. No. 222; Ord. No. 724 § 1]
a.
Duty of Owner to Cut Hedges, Brush and Plant Life. Where the Mayor
and Council shall deem it necessary and expedient for the preservation
of the public safety pursuant to N.J.S.A. 40:48-2.26 through 40:48-2.27,
the owner or tenant of any lands lying within the limits of the Borough
shall cut and keep cut to a height of not more than 2 1/2 feet,
all brush, hedges and other plant life growing within 10 feet of any
roadway and within 25 feet of the intersection of any two roadways,
within 10 days' notice to cut the same.
b.
Failure to Comply; Remedy. If the owner or tenant of any lands lying
within the limits of the Borough of Sea Girt shall refuse or neglect
to cut and keep cut all brush, hedges and other plant life growing
within 10 feet of any roadway and within 25 feet of the intersection
of any two roadways, within 10 days after notice from the Borough
Council to cut same, the Mayor and Council shall cause the same to
be cut under direction of the Borough Superintendent.
c.
Costs to Become Lien. In all cases where brush, hedges and other
plant life are cut from any lands under the provisions of this section
as hereinabove provided, the Borough Superintendent shall certify
the cost thereof to the Governing Body, which shall examine the certificate,
and if found correct, shall cause the cost as shown thereon to be
charged against the lands, or in the event that such cost is excessive,
to cause the reasonable cost thereof to be charged against the lands.
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rate as other taxes and shall be collected and enforced
by the same officers and in the same manner as taxes.
d.
County Roads. The Monmouth County Safety Department is hereby empowered
to carry out the provisions of this subsection on all County roads
and intersections of streets with County roads within the Borough
of Sea Girt.
[Ord. No. 286; Ord. No. 16-2013]
a.
No person shall throw, dump or place any garbage, trash, debris or
other waste material on any public or private property not his own,
within the limits of the Borough.
b.
No person, whether as owner, tenant or otherwise, shall accumulate
or permit or allow the accumulation of garbage, trash, debris or other
waste material upon his or her property, but shall promptly place
the same for removal by the trash and garbage collector if removable
by him, or shall otherwise promptly dispose of same.
c.
Trash and/or recycling receptacles shall not be placed within 10
feet of any window or door of any residential structure on any adjoining
property. All such receptacles must be securely covered at all times.
[Ord. No. 184]
a.
Notice; Removal Required. The owner or tenant of any lands lying
within the limits of the Borough, where it shall be necessary and
expedient for the preservation of the public health, safety, general
welfare or elimination of fire hazards to remove from such lands brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris, shall within 10 days after notice remove
the same.
b.
Failure to Comply; Work Done by Borough. If the owner or tenant shall
refuse or neglect to remove the same within the time provided above,
the Borough, under the direction of the Superintendent of Public Works,
may provide for the removal of the same.
c.
Cost to Become Lien. If the same shall be removed by or under the
direction of the Superintendent of Public Works, the Superintendent
shall certify the cost thereof to the Borough Council, who shall examine
the certificate and, if found correct, shall cause the cost, as shown
thereon, to be charged against the lands, and the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form part of the taxes next to be assessed and levied
upon such lands and to bear interest at the same rate as taxes, and
be collected and enforced by the same officers and in the same manner
as taxes.
