[Ord. #17-79, § 1; Ord. #89-4, § 1; Ord.
#89-27, § 1; Ord. #92-16, § 1]
a.
There is hereby established in the City of Ocean City a State Uniform Construction Code Enforcing Agency, consisting of a Construction Official, Building Subcode Official, Fire Protection Subcode Official, 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 a Construction Board of Appeals pursuant to Chapter 217 of the Laws of New Jersey 1975 and Title 5, Chapter 23, of the New Jersey Administrative Code.
b.
The Construction Official shall be the Chief Administrator of the
Enforcing Agency.
c.
Reference to Construction Board of Appeals is "Cape May County Board
of Appeals".
d.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, C.
217 as amended at N.J.A.C. 5:23, provided that, in lieu of any particular
subcode official, an on-site inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person; provided that such person is qualified
pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such
position.
e.
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. #1164, § 1; Ord. #17-79, § 2; Ord.
#89-4, § 2; Ord. #89-27, §§ 2, 3; Ord. #92-16,
§ 1]
Refer to Chapter 30, "Municipal Fees" of the Revised General Ordinances of the City of Ocean City.
[Ord. #1164, § 1; Ord. #17-79, § 2]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the City Council bi-annually, a report
recommending a fee schedule based on the operating expenses of the
agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[Ord. #1164, § 1; Ord. #17-79, § 2]
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
The Regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $.0006 per cubic foot
of volume of new construction. This surcharge fee shall be remitted
to the Bureau of Housing Inspection, Department of Community Affairs,
on a quarterly basis for the fiscal quarter ending September 30, December
31, March 31 and June 30, and not later than one month next succeeding
the end of the quarter for which it is due.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal
year.
[Ord. #1164, § 2a]
a.
There is hereby established a Construction Board of Appeals to hear
appeals from decisions by the enforcing agency. Such Board shall consist
of five (5) members. At least one Board member shall be a registered
architect or licensed professional engineer of building construction
experience, and at least one board member shall be as qualified as
a Plumbing Subcode Official, and one as qualified as an Electrical
Subcode Official. No more than two (2) Board members shall be selected
from the same business or profession. Each Board member shall have
had at least three (3) years experience in construction, design or
supervision as a licensed engineer or registered architect; or, in
the alternative, five (5) years experience in construction, design
or supervision as an architect or engineer with a bachelors degree
in architect or engineering, respectively, from an accredited institution
of higher education; or, as a further alternative, ten (10) years
experience in construction, design or supervision as a journeyman
in a construction trade or a construction contractor, subcontractor
or inspector.
b.
The City shall appoint the Board members and any alternate members.
For the members first appointed, the City shall designate the appointees'
terms so that one shall be appointed for a term of one year, one for
a term of two (2) years, one for a term of three (3) years, and two
(2) for a term of four (4) years. At the expiration of such terms
and thereafter, appointments shall be made for terms of four (4) years.
Vacancies shall be filled for the unexpired term.
The City shall appoint such number of alternates, as may be
appropriate, for terms not to exceed four (4) years; or may in the
alternative, appoint alternates on a case by case basis.
No regular or alternate Board member may be a member of the
enforcing agency, the decisions of which are subject to the review
of the Board.
[Ord. #85-12, § 1; Ord. #2016-20 § 1]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.) the "New Jersey State Housing Code (1980 Revision)," as approved by the Department of Community Affairs and filed in the Secretary of State's Office is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three (3) copies of the "New Jersey State Housing Code (1980 Revised)," have been placed on file in the Office of the City Clerk and are available to all persons desiring to use and examine the same.
[Ord. #85-12, § 2; Ord. #2016-20 § 1]
The powers prescribed by this section shall be exercised by
the Municipal Code Enforcement Officer, Building Subcode Official,
Electrical Subcode Official, Fire Subcode Official, Planning Subcode
Official, and Municipal Engineer.
[Ord. #85-12, § 3]
The officials listed in subsection 12-3.2 are hereby authorized and directed to make appropriate inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the City of Ocean City in order that they may perform their duty of safeguarding the health and safety of the occupants of the dwellings and of the general public. For the purpose of making such inspections they are hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units, and premises. The owner or occupant of every dwelling, dwelling units, and rooming units, or the person in charge thereof, shall give the appropriate inspectors free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Each occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such dwelling or dwelling unit, or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[Ord. #85-12, § 4]
a.
Notice Requirements. Whenever the inspectors listed in subsection 12-3.2, may determine that there are reasonable grounds to believe that there has been a violation of any provision of this section, or any rule or regulation adopted pursuant thereto, they shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided. Such notice shall (a) be put in writing, (b) include a statement of the reasons why it is being issued; (c) allow a reasonable time for the performance of any act it requires; and (d) be served upon the owner or his agent, or the occupant, as the case may require; provided that such notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address, or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will affect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
b.
Hearing. Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Ocean City Construction Code Official, provided that such persons shall file in the office of the Ocean City City Clerk, a written petition requesting such hearing and setting for a brief statement of the grounds therefor within ten (10) days after the day of notice was served. Upon receipt of such petition the Ocean City Construction Code Official shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon the application of the petitioner the Ocean City Construction Code Official may postpone the date of the hearing for a reasonable time beyond such ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement. After such hearing the Ocean City Construction Code Official shall sustain, modify, or withdraw the notice, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted thereto have been complied with. If the Ocean City Construction Code Official sustains or modifies the notice, it shall be deemed to be in order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Ocean City City Clerk within ten (10) days after such notice is served. The proceedings at such hearing, including the findings and decision of the Ocean City Construction Code Official shall be summarized, reduced to writing, and entered as a matter of public record in the office of the Ocean City City Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Ocean City Construction Code Official may seek relief therefrom in any court of competetent jurisdiction, as provided by the laws of this State. Whenever the appropriate inspectors listed in subsection 12-3.2 find that an emergency exists which requires immediate action to protect the public health, or safety he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Ocean City Construction Code Official shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Ocean City Construction Code Official shall continue such order in effect, or modify it, or revoke it.
[Ord. #85-1, § 5]
The inspectors listed in subsection 12-3.2 are hereby authorized and empowered to make and adopt such written rules and regulations as they may deem necessary for the proper enforcement of the provisions of this section, provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in anywise alter, amend, or supersede any of the provisions thereof. The appropriate inspectors listed in subsection 12-3.2 shall file a certified copy of all rules and regulations which they may adopt in their office and in the office of the City Clerk.
[Ord. #85-12, § 6]
No person shall occupy as owner occupancy or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform with the provisions of the "New Jersey
State Housing Code (1980 Revision)," established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[Ord. #85-12, § 7]
[Ord. #162, § 2; Ord. #826, § 1]
a.
For the numbering of houses or other buildings in this City the following
system is adopted: On all streets or highways running parallel with
the Atlantic Ocean, the even numbers shall be on the westerly or Bay
side of the streets, avenues or highways, and the odd numbers on the
opposite side of the streets, avenues or highways. On all streets,
avenues or highways running at right angles with the Atlantic Ocean,
the even numbers shall be on the southerly side of the streets, avenues
and highways, and the odd numbers on the northerly side of the streets,
avenues or highways.
The initial or starting point for numbering on all streets or
highways running parallel with the Atlantic Ocean shall be First Street,
and running from thence southerly, allowing two (2) numbers for each
lot as laid out on the map or plan of Ocean City, and one hundred
(100) numbers for each square or block and beginning with an even
hundred at the beginning of each square or block. The initial or starting
point for numbering on all streets or highways running at right angles
with the Atlantic Ocean shall be Bay Avenue and running from thence
towards the Atlantic Ocean allowing two (2) numbers for each lot.
b.
The numbering system for buildings in the City shall be in accordance
with a map entitled "Official Building Numbering Map of the City of
Ocean City, N.J. dated November 22, 1952" on file in the office of
the Building Inspector, City Hall.
[Ord. #826, § 2]
It is unlawful to use any number on any building unless it is
a number designated for use on this map for the particular location
of the building.
[Ord. #826, § 3]
Any person now the owner of any interest in a building, or who
may hereafter acquire any such interest, is charged with the obligation
to change any number or numbers in use on any building if inconsistent
with the numbering system as contained on this map.
[Ord. #826, § 5]
In order to avoid the unlawful use of building numbers the Construction
Official is authorized to issue a "Building Number Certificate" for
any new or existing building. This certificate shall be issued without
charge or the payment of any fee, and the possession thereof by an
owner shall be conclusive proof of full compliance with all provisions
of this section; but nothing contained in this section shall prohibit
the building inspector from making any changes or corrections provided
the same are made on due notice.
[Ord. #826, § 6]
The use of any building number without first obtaining a certificate as described in subsection 12-4.4 shall be at the sole risk of the owner or owners of the building where used.
[Ord. #826, § 7]
In case any building is located or constructed in such manner
as would permit the use of a choice of numbers, or more than one (1)
number, then such number or numbers shall be determined by the Construction
Official and his decision shall be final. Any question relating to
the proper number to be used shall be so determined by the Construction
Official.
[Ord. #826, § 8; Ord. #04-18, § 1]
The size, manner of placement and location of the numbers shall
be such as will permit them to be clearly visible from the street
and alley if such property is located on an alley.
[Ord. #02-35, § 2]
Each commercial building on the Ocean City boardwalk shall be
required to have its building number placed on both the boardwalk
and street sides of the building. Each number shall be at least four
(4") inches in height and shall be located adjacent to an exit door
of the building. In the event the building does not have an exit door
on the street side of the building, the building number shall be placed
at least six (6') feet above the building's first floor elevation.
[1]
Editor's Note: Prior ordinances which adopted provisions of
previous Property Maintenance Codes include portions of Ordinance
Nos. 23-81, 85-42, 87-13, 40-23, 96-1, 98-09 and 99-07.
[Ord. #99-07, § 1; Ord. #2016-20; Ord. No. 2016-28]
The 2012 Edition of the International Property Maintenance Code
is hereby adopted as the Property Maintenance Code for the City of
Ocean City subject to the following:
a.
Sections 107.2(5), 109.6, and 111.1 through 111.8 inclusive shall
not be adopted.
b.
Section 102.6 is not adopted. The provisions of this Code shall be
mandatory for buildings and structures designated as historic.
c.
Section 602.3 shall be amended to read as follows:
Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory, or guest
house on terms, either expressly or implied, to furnish heat to the
occupants thereof shall supply heat during the period from October
1st to May 1st, maintain a temperature of not less than 68 degrees
Fahrenheit in all habitable rooms, bathrooms and toilet rooms.
d.
Section 602.4 shall be amended to read as follows:
Indoor occupiable work space shall be supplied with heat during
the period from October 1st to May 1st to maintain a temperature of
not less than 68 degrees Fahrenheit during the period the space is
occupied.
Exceptions:
e.
Violation Penalties shall be amended to read as follows:
Any person who shall violate a provision of the 2012 Edition
of the International Property Maintenance Code, or fail to comply
herewith, or with any other requirements thereof, shall be subject
to a fine for each offense, not to exceed $500.00, and/or imprisonment
not to exceed 90 days. Each day that a violation continues after due
notice has been served shall be deemed a separate offense.
[Ord. #84-21, § 1]
The demolition, removal, or razing of buildings, structures
or improvements to real property shall be prohibited from the Friday
before Memorial Day to the Monday following Labor Day of each year
within the City of Ocean City. No demolition permit shall be issued
during this period of time.
[Ord. #84-21, § 2]
Notwithstanding subsection 12-7.1 in the event of an emergency, or in the event of danger to person or property, as determined by the Code Enforcement Officer, a demolition permit may issue during the period in question.
[Ord. #13-14]
Notwithstanding the general prohibition against demolition of
buildings, structures or improvements to real property from the Friday
before Memorial Day to the Monday following Labor Day, and the prohibition
against the issuance of demolition permits during that time period,
demolition of buildings, structures or improvements to real property
damaged by Super Storm Sandy shall be permitted during the entire
summer of 2013. However, from the Friday before Memorial Day to the
Monday following Labor Day, no demolition shall be permitted from
Friday at 5:00 pm through Monday at 8:00 am; additionally, no demolition
shall be permitted from July 3 at 5:00 pm through July 5 at 8:00 am.
[Amended in entirety 1-26-2023 by Ord. No. 23-01. Prior ordinance history
includes portions of Ord. Nos. 85-8; 96-37; 04-26; 03-15; 303-15;
07-22; Ord. #2016-17.]
[Amended 1-26-2023 by Ord. No. 23-01]
a.
A mercantile license (See Section 5-2) and a construction permit are required for piling installation and for demolition.
b.
Applications for permits to perform pile driving for upland foundations
shall be accompanied by placement of upland foundation piling as well
as the manner in which such materials shall be incorporated into the
upland foundation piling.
[Amended 1-26-2023 by Ord. No. 23-01]
Any firm or corporation performing pile installation operations
within the City shall be responsible for all sand, silt, sediment,
debris and water leaving the site of the pile installation operation.
Said person, firm or corporation shall be responsible to clean and
maintain all alleys, gutters, streets, sidewalks and inlets and prior
to completing their pile driving operations shall specifically remove
or cause to be removed all sand, silt, sediment, or other debris arising
from the pile driving operation. The persons, firms or corporation
performing the pile installation operation shall also take any and
all actions or steps necessary to prevent the accumulation of sand,
soil, sediment and other debris upon any adjoining property, and to
likewise take whatever action necessary to prevent damage to alleys,
streets, gutters, curbs, adjoining property, infrastructure and other
improvements by the utilization of pile driving equipment.
Prior to performing any pile installation activities involving
jetting, the contractor shall construct and install silt traps at
the stormwater inlets located at both ends of the block in which the
contractor is performing the pile installation operations. Prior to
obtaining the pile installation permit the contractor shall notify
the Construction Code Office of the exact type of silt trap which
shall be utilized. No pile installation permit shall be issued unless
the Code Enforcement Office is notified and approves of the type of
silt trap which shall be utilized. Silt traps which shall be permitted
are those attached to Ordinance #85-8 located in the City Clerk's
Office, as Exhibit "A", or similar device approved by the Construction
Code Official.
Pile installation activities are also subject to the Performance Standards set forth at subsections 25-1400.3.1 through 25-1400.3.3.
[Amended 1-26-2023 by Ord. No. 23-01]
As used in this section, the following terms shall have the
meanings indicated:
Earth borne oscillations occurring in discrete pulses at
less than 60 per minute.
Continuous earth borne oscillations. Discrete pulses occurring
60 or more times per minute are usually considered steady-state vibrations.
[Amended 1-26-2023 by Ord. No. 23-01]
a.
Vibration, as used in these performance standards, refers to ground-transmitted
oscillations. They shall be measured with a seismograph or complement
of instruments capable of recording vibration displacement and frequency
particle velocity or acceleration simultaneously in three (3) mutually
perpendicular directions.
b.
Maximum permitted vibration levels. Table I designates the applicable
columns of Table II that apply on or beyond adjacent lot lines within
the zone and on or beyond appropriate district boundaries. Vibration
shall not exceed the maximum permitted particle velocities of Table
II. Readings may be made at points of maximum vibration intensity.
|
Table I
| ||
|---|---|---|
|
Zone
|
Adjacent Lot Line
(within zone)
|
Adjacent Lot Line
(If adjacent lot has an Historic Structure)
|
|
Historic District
|
B
|
A
|
|
All other
|
C
|
A
|
|
Table II
Maximum Peak Particle Velocity (inches/second)
| |||
|---|---|---|---|
|
Vibration
|
A
|
B
|
C
|
|
Steady state
|
0.02
|
0.05
|
0.10
|
|
Impact
|
0.35
|
0.50
|
0.75
|
c.
For purposes of these performance standards, steady-state vibrations
are vibrations which are continuous or vibrations in discrete impulses
more frequent than sixty (60) per minute. Discrete impulses which
do not exceed 60 per minute shall be considered impact vibrations.
d.
During impact vibration operations, vibration monitoring must occur
in accordance with N.J.A.C. 12:190-7.26.
e.
For all upland piling vibration monitoring must be performed using
a seismograph with a triaxial geophone that records particle velocity
displacement in three (3) mutual perpendicular directions (vertical
and two (2) horizontal directions). The seismograph must have a peak
particle velocity dynamic range of up to ten inches (10") per second
and a sample rate of 1,024 samples per second per component. The seismograph
must continuously record and store the highest peak particle velocity
at a minimum of three-second intervals. A caution level of seventy-five
percent (75%) of the maximum level shall be established for each job
site. If ground vibrations reach the caution level, the seismograph
must record a waveform event in order to measure the frequency of
the vibration and the particle velocity. All vibration monitoring
must be performed by an individual trained in vibration monitoring
that is under the direct supervision of a New Jersey licensed engineer.
f.
The installer of the pilings, sheet piling, foundation pilings and
other pilings of any kind shall submit a record of the recordings
to the Construction Office within five (5) days of completing the
work.
[Amended 1-26-2023 by Ord. No. 23-01]
a.
Prior to the commencement of work to install upland foundation piling
or demolish a structure, the contractor shall notify the owner of
all properties contiguous to the subject property for which the piling
are to be installed. All notifications shall be in writing and shall
include the name, address and telephone number of the piling installation
contractor and the owner of the property, the street address, lot
and block of the property and the date(s) on which the piling installation
is to be done and shall be delivered at least ten (10) calendar days
prior to the commencement date of the pile installation activity,
and shall be forwarded by either personal delivery to the owner(s)
or certified mail.
b.
Notification shall be forwarded to the property's mailing address
as set forth on the Ocean City tax bill for each property. Proof of
such notification to contiguous property owners shall be furnished
to the Construction Office prior to the commencement of pile driving.
[Amended 1-26-2023 by Ord. No. 23-01]
All piling and demolition contractors prior to issuance of a
permit shall present to the Construction Office proof of insurance
coverage by way of an insurance certificate indicating that the contractor
has personal injury and property damage liability insurance in a minimum
amount of one million ($1,000,000.00) dollars per occurrence. Such
insurance coverage must be in effect during the duration of the permit.
The City of Ocean City as an interested party shall be notified of
the cancellation or lapse of any policy. In the event that said policy
is cancelled or lapsed and is not immediately renewed or replaced,
the permit issued hereunder shall be revoked.
[Amended 1-26-2023 by Ord. No. 23-01]
It shall be the responsibility of the pile installation contractor
in the case of pile installation, or a demolition contractor in the
case of demolition of structures, to prevent damage to alleys, streets,
curbs, sidewalks, gutters, adjoining property, infrastructure and
other improvements from pile installation and/or demolition construction.
[Amended 1-26-2023 by Ord. No. 23-01]
Dust and debris control at the site shall be the responsibility of the demolition contractor during the course of demolition. The contractor shall obtain, pay for, and transport water from its own source as required for dust control. Demolition activities may be limited if weather conditions warrant as determined by the Construction Official. Debris generated by demolition shall be confined to the site. All debris that leaves the site must be collected immediately. Demolition activities are also subject to the Performance Standards set forth at subsections 25-1400.3.1 through 25-1400.3.3.
[Amended 1-26-2023 by Ord. No. 23-01]
Pile installation activity shall only be permitted within the
City of Ocean City as follows:
a.
From July 1st to August 31st of each year from 10:00 a.m. to 3:00
p.m., Monday through Friday.
b.
During the remainder of the year from 8:00 a.m. to 4:00 p.m., Monday
through Friday. During this time period set up shall not be permitted
before 8:00 a.m.
c.
Pile driving activities shall be prohibited on the following holidays:
Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, and New
Year's Day.
[Amended 1-26-2023 by Ord. No. 23-01]
Every pile driving construction site in Ocean City shall have
a sign eighteen inches (18") in width and twenty-four inches (24")
in height posted at the site which shall contain a phone number given
to the contractor by the City of Ocean City advising people to call
if they believe any violation of this section has occurred.
[Amended 1-26-2023 by Ord. No. 23-01]
a.
Any person, firm or corporation convicted of a violation of this
section shall be subject to a fine not to exceed one thousand two
hundred fifty ($1,250.00) dollars per violation as determined by the
Municipal Court Judge. Each day of violation shall be considered a
separate offense. Additionally, the Municipal Court Judge shall have
the authority to order restitution for any damage done to the property
by a pile driving or demolition contractor.
b.
In addition to the penalties or fines imposed in Municipal Court, any time there is a good faith basis to believe that pile driving, as defined in subsection 12-8.4 above, has occurred during prohibited hours, the contractor may be subject to a suspension or permanent revocation of the Ocean City mercantile license for pile driving. Following a second violation in the Ocean City Municipal Court an administrative hearing may be conducted, at the option of Ocean City, with an administrative officer chosen by Ocean City. The administrative hearing shall be conducted in accordance with the Administrative Procedure Chapter N.J.S.A. 52:14B-1 et seq., which shall specifically allow the contractor to:
1.
Call any witnesses on their behalf;
2.
Cross examine any witness called or offered by Ocean City;
3.
Be represented by an attorney.
|
If the administrative officer determines by a preponderance
of the credible evidence that a violation of this section has occurred
the contractor's mercantile license for pile driving may be suspended
for a period up to one (1) year upon a second violation and may be
revoked upon a third violation.
|
[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 85-42, 87-13 and 90-23.
[Ord. #92-30, § 1]
a.
This section is enacted pursuant to all power, expressed and implied
contained within the New Jersey Constitution and all applicable laws,
and the police powers. This section is declared necessary for the
public safety, health and welfare of residents and people within the
City of Ocean City, New Jersey.
b.
The City of Ocean City hereby declares and finds that there exists
in the municipality a building or buildings or parts thereof which
are unfit for human habitation or occupancy or use, due to dilapidation,
defects increasing the hazards of fire, accident or other calamities,
lack of ventilation, light or sanitary facilities, or due to other
conditions rendering such building or buildings or part thereof, unsafe
or unsanitary or dangerous or detrimental to the health or safety
or otherwise inimical to the welfare of the residents of the municipality.
[Ord. #92-30, § 1]
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes any outhouses,
and appurtenances belonging thereto or usually enjoyed therewith.
See subsection 12-9.5.
Shall mean a building or structure which is wholly or partly
used or intended to be used for living or sleeping by human occupants.
Shall mean a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Shall mean the City Council.
See subsection 12-9.7.
Shall mean any principal wall, not including sides of sheds,
porch enclosures or similar enclosures.
See subsection 12-9.8, paragraphs a and b
Shall mean any person including an owner or operator living
and sleeping in a dwelling unit or rooming unit.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any persons, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean any person who files a complaint or joins with
others for that purpose.
Shall mean a lot, plot or parcel of land including the buildings
and structures thereon.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of this municipality
relating to health, fire, building regulations, or to other activities
concerning buildings in the municipality.
Shall mean the officer, officers, board or body authorized
to exercise the powers enacted by laws and ordinances relating hereto.
Shall mean any dwelling, or that part thereof containing
one or more rooming units, in which space is let.
Shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
[Ord. #92-30, § 1]
The public officer is authorized to determine that a building
is unfit for human habitation or occupancy or use if he finds that
conditions exist in such building which are dangerous or injurious
to the health or safety of the occupants of such building, the occupants
of neighboring buildings or other residents of this municipality;
such conditions may include the following (without limiting the generality
of the foregoing); defects therein increasing the hazards of fire,
accident or other calamities; lack of adequate ventilation, light
or sanitary facilities; dilapidation; disrepair, structural defects
or uncleanliness.
[Ord. #92-30, § 1]
All minimum requirements established by law or by codes of any
department of the State of New Jersey which have been or may hereafter
be adopted by this City are adopted as standards under this Ordinance.
All ordinances of this City now enacted, or which may hereafter
be enacted, which impose greater restrictions, standards and provisions
applicable to any subject matter covered by this section are adopted
as standards under this section.
[Ord. #92-30, § 1]
A "dangerous" building is hereby defined to be any building
or structure found and determined to have one or more of the following
defects:
a.
One whose walls or other vertical structural members list, lean or
buckle to such an extent that a plumb line passing through the center
of gravity falls outside of the middle third of its base.
b.
One which, exclusive of the foundation, shows thirty-three (33%)
percent or more, of damage or deterioration of the supporting member
or members, or fifty (50%) percent of damage or deterioration of the
non-supporting enclosing or outside walls or covering.
c.
One which has improperly distributed loads upon the floors or roofs
or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
d.
One which has been damaged by fire, wind or other causes so as to
have become dangerous to life, safety, morals, or the general health
and welfare of the occupants or the people of the City of Ocean City,
New Jersey.
e.
One which has become or is so dilapidated, decayed, unsafe, unsanitary
or which so utterly fails to provide the amenities essential to decent
living that it is unfit for human habitation, or is likely to cause
sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
f.
One having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
g.
One having inadequate facilities for egress in case of fire or panic
or one having insufficient stairways, elevators, fire escapes or other
means of communication.
h.
One which has parts thereof which are so attached that they may fall
and injure members of the public or property.
i.
One which because of its condition is unsafe, unsanitary or dangerous
to the health, morals, safety or general welfare of the people of
this City.
j.
A building existing in violation of any provision of the Building
Code of this City or other ordinances of this City.
[Ord. #92-30, § 1]
a.
Every dwelling shall contain within its main walls and every dwelling
unit shall contain within its walls:
1.
Lavatory Facilities. A room, separate from the habitable rooms, which
affords privacy and which is equipped with a flush water closet.
2.
Basin. A lavatory basin located in the same room as the required
flush water closet.
3.
Bathtub or Shower. A room, separate from the habitable rooms, which
affords privacy to a person in the room and which is equipped with
a bathtub or shower, which may be contained in the same or a room
separate from the one containing lavatory and basin facilities.
4.
Kitchen Sink. A kitchen sink.
b.
Water Line Connections. Every kitchen sink, lavatory, basin and bathtub
or shower required by this section shall be properly connected with
both hot and cold water lines. The hot water lines shall be connected
with supplied water-heating facilities which are capable of heating
water to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin and bathtub
or shower.
1.
Plumbing Fixtures. All plumbing fixtures required by this section
shall be properly connected to an approved water system and to an
approved sewerage system.
The requirements of this section shall be in addition to and
shall supersede those prescribed by any code, law or ordinance whenever
by the within section any greater requirement is imposed.
[Ord. #92-30, § 1]
Any structure or building may be found to be "imminently dangerous"
when it is:
a.
Unfit for human habitation or occupancy or use, or,
b.
Dangerous to the health and safety of persons on or near it, or,
c.
Dangerous to the health, safety and general welfare of people within
this City, and
d.
The building or structure is also found to be in such condition that
it cannot be reasonably repaired and, or otherwise cannot be made
to comply with the standards applicable to it.
[Ord. #92-30, § 1]
[Ord. #92-30, § 1]
a.
A "public officer" shall be designated by the Mayor and such person
shall thereby become empowered to exercise the powers prescribed by
law and by this section.
b.
The said public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to the other powers herein granted;
1.
To investigate the building conditions in the City of Ocean City
in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
2.
To administer oaths, affirmations, examine witnesses and receive
evidence.
3.
To enter upon premises for the purpose of making examinations; provided,
that such entry shall be made in such manner as to cause the least
inconvenience to the persons in possession.
4.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section; and
5.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[Ord. #92-30, § 1]
Whenever a petition is filed with the public officer by (a)
a public authority or (b) by at least five (5) residents of the municipality
charging that any building is unfit for human habitation or occupancy
or use or (c) 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 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 ten (10) days nor more
than thirty (30) days after the serving of said complaint; 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.
[Ord. #92-30, § 1]
a.
If, after such notice and hearing the public officer determines that
no reasonable basis for a complaint exists and that the building or
structure should not be further considered a basis for complaint or
any further action hereunder, he shall state his findings in writing,
dismiss the complaint, if any, and all proceedings hereunder and notify
the petitioner, if any, and the owner.
b.
If, after such notice and hearing, the public officer determines
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 parties in interest an order:
1.
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
2.
If the building is in such 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.
[Ord. #92-30, § 1]
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. The public officer
may also 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."
[Ord. #92-30, § 1]
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 or may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefor.
[Ord. #92-30, § 1]
The amount of:
a.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the municipality, and
b.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or 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 a municipal lien
against the real property upon which such costs was incurred. If the
building is removed or demolished by the public officer, he shall
sell the materials of such building and 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 City Clerk in triplicate, and he shall retain
a copy, file one (1) with the Tax Collector and forthwith forward
a copy to the owner by registered mail. If the total of the credits
exceed 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. Any owner or party in interest may, within sixty (60) 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.
[Ord. #92-30, § 1]
Immediately following the expiration of said sixty (60) day
period after the filing of the lien certificate, the lien shall be
due and payable; and any part remaining unpaid following a period
of ninety (90) days from said filing shall be delinquent. Said lien
or any unpaid balance shall bear interest from and after the date
of delinquency at the same rate established for interest on unpaid
taxes in this municipality.
[Ord. #92-30, § 1]
The Tax Collector is authorized and directed to enforce the
lien by a sale of the land in manner provided by law at the earliest
date permitted by law.
[Ord. #92-30, § 1]
Complaints or orders issued by the public officer pursuant hereto
shall be served upon persons either personally or by registered mail,
but if the whereabouts of such persons is 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 serving of such complaint or order upon such persons
may be made by publishing the same once each week for two successive
weeks in a newspaper printed and published in this municipality. A
copy of such complaint or order shall be posted in a conspicuous place
on premises affected by the complaint or order. A copy of such complaint
or order shall be recorded with the county clerk of Cape May County.
[Ord. #92-30, § 1]
If after notice and hearing of any complaint or matter as previously
described, the public officer affirmatively finds and determines that
the building or structure under consideration is "imminently dangerous"
and as such is a nuisance, as herein defined, and he has stated his
findings of fact in writing in support of his determination, then
and in every such case all further proceedings touching upon said
matter shall be under the authority of the general police powers and
as hereinafter provided.
[Ord. #92-30, § 1]
The public officer designated under authority of this section
is hereby empowered to cause any nuisance to be abated in a manner
hereinafter provided.
[Ord. #92-30, § 1]
Whenever any building or structure is found to be imminently
dangerous the public officer shall:
b.
Give notice to any occupant to vacate the premises, and take all
necessary legal action to require any occupant to vacate who fails
to do so.
c.
Direct the owner to barricade any area considered necessary to protect
the public or cause the same to be done if owner cannot be directed
to do so or fails to obey the directive.
[Ord. #92-30, § 1]
Whenever any building or structure is found to be imminently
dangerous and therefore a nuisance, the public officer is authorized
to issue an order to the owner to demolish the building or structure
and to begin and complete the work within such time and times as specified
by the order. If the owner, in any respect, fails to obey the order
the public officer is authorized to cause the building or structure
to be demolished and to clear the land of the debris.
[Ord. #92-30, § 1]
Whenever the public officer determines that a nuisance exists on land, or any lot or lots of land, as defined in subsection 12-9.8b, the public officer shall use every reasonable method to notify the owner to immediately abate the nuisance, but if such notice cannot reasonably be given or the person notified does not comply with the order to abate the nuisance, then the public officer is authorized to cause the nuisance to be abated.
[Ord. #92-30, § 1]
[Ord. #92-30, § 1]
The public officer shall report to the governing body of this
City by a statement in writing showing the costs and expenses of abatement,
together with a description of the land, or the lot or lots whereon
any nuisance was abated, and the names of the owner or owners. When
the report has been approved by the governing body, it shall be filed
in the City Clerk's office in triplicate, and said Clerk shall record
the report in such book in the Tax Collector's office where municipal
liens are recorded and shall mail a copy to the owner by registered
mail, and the lien shall be thereafter enforced and collected in the
manner as provided by law.
[Ord. #92-30, § 1]
Any repair, alteration, improvement, removal or demolition,
as herein provided, may be performed by the municipality, through
its property officials or employees, or the municipality may contract
with any person to render such service on behalf of the municipality,
under its control and direction, and pursuant to specifications showing
in detail the service to be rendered and to rules and regulations
adopted by the governing body for the same, and upon ample security
for proper performance being given to the municipality. The municipality
may recover the cost thereof from the said owner by action at law,
which action shall be in addition to any other remedy provided for
by this section, and shall not make void any lien upon real estate
provided for by this section, nor prevent the imposition of any penalty
imposed for violation of this or any ordinance of this municipality.
[Ord. #92-30, § 1]
Nothing in this section shall be construed to abrogate or impair
the powers of any department of the City of Ocean City to enforce
any provisions of its charter or other statute, or its ordinances
or regulations, nor to prevent or punish violations thereof; and the
powers conferred by this section shall be in addition and supplemental
to the powers conferred by any other ordinance of the City of Ocean
City.
[Ord. #92-30, § 1]
No person shall occupy as owner-occupant or shall let to another
for occupancy any building or structure, dwelling, rooming house,
dwelling unit, or rooming unit which does not comply with the minimum
standards hereby adopted and, or, established by this section, or
in violation of any order issued under authority hereof.
[Ord. #92-30, § 2]
In the event that any provision or provisions of this section
as applied to any persons or circumstances is held to be invalid,
the remaining provisions of this section and the application of such
provisions to persons or circumstances other than those to which it
is held invalid shall not be affected thereby.
[Ord. #92-30, § 3]
a.
Any person violating any of the provisions of this section declared
to be unlawful shall upon conviction in the Municipal Court of Ocean
City be punished for each offense by a fine not to exceed two hundred
($200.00) dollars, or by imprisonment for any term not exceeding ninety
(90) days in the County Jail or in any place provided by the municipality
for the detention of prisoners, or both. The Municipal Court Judge
before whom any person is convicted of violating this section, shall
have power to impose any fine or term of imprisonment not exceeding
the maximum fixed in this section.
b.
In default of the payment of any fine imposed hereunder, any persons
convicted of any violation may, in the discretion of the Municipal
Court Judge by whom he was convicted, be imprisoned in the County
Jail or place of detention provided by the municipality, for any term
not exceeding ninety (90) days.
c.
Each day [twenty-four (24) hours] any violation continues shall be
deemed a new and separate offense.
d.
Any person who aids, assists or abets in the violation of any of
the provisions of this section shall be subject to the penalties herein
provided for.
[Ord. #00-28, § 1]
a.
The last few years have seen a significant increase in residential
construction in the City of Ocean City. Frequently the construction
activity is associated with the demolition of older one and two-family
dwelling units and with the construction of new two-family dwelling
units. New two-family dwelling units have frequently converted to
condominium ownership and each unit of the duplex is sold separately.
As a result, it is commonplace to have two (2) separate owners occupying
each unit of the new two (2) unit dwelling.
b.
It is customary to have separate electrical and gas service to each
unit when electric and gas service is provided to the dwelling. As
a result, each unit will have a separate electric meter and a separate
gas meter if gas service is provided to the building.
c.
Each duplex structure must have water service. In some but not all
instances, separate water meters are supplied to each of the two (2)
units in the duplex structure. If a separate water meter or similar
device is not installed for each of the units the owners of the units
must agree to allocate the cost of water between their respective
uses. This has the possibility to cause conflict between the unit
owners which is unnecessary and can be avoided by the installation
of separate water meters for each unit.
d.
It is determined to be in the best interests of the City of Ocean
City and its new residents that a separate water meter for each unit
of a new two-family dwelling be installed.
[Ord. #00-28, § 2]
Every newly constructed duplex or two-family dwelling in Ocean
City shall have installed two (2) water meters, one (1) for each unit.
[Ord. 00-28, § 3]
This section shall be effective and apply to all applications
for building permits received on and after January 1, 2001.
[Ord. #12-14, § 1]
Shall mean a device which prevents the reverse flow of water
or other substances through a plumbing cross connection into the treated
water distribution system.
Shall mean any assemblage of components, materials or special
equipment which is designed, constructed and installed for controlled
dispensation of water for the purpose of irrigating landscape vegetation
or control of dust and erosion on landscaped areas.
Shall mean actual or potential connection between a potable
and nonpotable or unapproved water supply.
Shall mean an electronic device which measures naturally
occurring moisture.
Shall mean an electronic device which measures field capacity
and the actual soil moisture in the root zone soil at any given time.
[Ord. # 12-14, § 2]
[Ord.# 12-14, § 2]
All contractors installing, repairing and/or maintaining irrigation
systems including winterization shall hold a valid Landscape Irrigation
Contractor's license issued by the NJDEP in order to construct, repair,
maintain, improve or alter a landscape irrigation system in accordance
with P.L. 1991, c.27 (C.45:5AA-3) and shall display their NJDEP license
number on their vehicles. This requirement does not apply to replacing
heads damaged during lawn mowing or grounds maintenance, nor when
making incidental repairs. Notwithstanding the foregoing, plumbing
contractors as defined in N.J.S.A. 45:14C-2 are exempt from this requirement.
[Ord.# 12-14, § 2]
It shall be unlawful to install, repair or replace a back flow
preventer without first obtaining a permit from the City of Ocean
City Construction Office.
All back flow preventers shall be field tested [when installed]
by a tester with a certification from an agency recognized by the
New Jersey Department of Environmental Protection, Bureau of Safe
Drinking Water.
[Ord.# 12-14, § 2]
Any person, firm or corporation who shall violate any of the
provisions of this section shall, upon conviction, be punished by
a fine in the amount of two hundred fifty ($250.00) dollars for the
first offense; and five hundred ($500.00) dollars for each subsequent
offense.
[Ord. #2015-14]
Shall have the meaning of such term in the Abandoned Properties
Rehabilitation Act, N.J.S.A. 55:19-78, et seq. An abandoned property
shall also be deemed to be vacant property for the purposes of this
ordinance.
Shall 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 provision of C.46:10B-51 (P.L.2008, c. 127,
sect. 17) or any other entity determined by the City of Ocean City.
As defined in N.J.S.A. 55:19-80, who is responsible for executing
the provisions of this chapter, shall be designated by the Mayor.
[Ord. #2015-14]
The City of Ocean City hereby grants to itself all powers granted
to municipalities by the State of New Jersey for the rehabilitation
of abandoned property. Such powers are set forth, inter alia, in the
"Abandoned Properties Rehabilitation Act" N.J.S.A. 55:19-78 et seq.
and in applicable portions of the "New Jersey Urban Development Corporation
Act" N.J.S.A. 55:19-1 et seq. These statutes are collective referred
to herein as "the enabling statutes."
[Ord. #2015-14]
The Public Officer shall designate a property as an "abandoned
property" if said property meets the criteria set forth in N.J.S.A.
55:19-81 (abandoned property criteria) and/or N.J.S.A. 55:19-82 (nuisance
property criteria). The Public Officer's designation is limited by
the provisions of N.J.S.A. 55:19-83.
[Ord. #2015-14]
The Public Officer shall establish an abandoned property list
pursuant to N.J.S.A. 55:19-55. An interested party (as that term is
defined in N.J.S.A. 55:19-105a) may request that the Public Officer
include a property on the abandoned property list, pursuant to N.J.S.A.
55:19-105.
[Ord. #2015-14]
The owner of a property on the abandoned property list has such
rights designated to said owner by the enabling statutes. Such powers
include but are not limited to:
[Ord. #2015-14]
The City of Ocean City shall have such powers and rights regarding
abandoned properties as set forth in the enabling statutes. Such powers
include but are not limited to:
a.
Sale of tax lien, pursuant to N.J.S.A. 55:19-56;
b.
Special tax sales, pursuant to N.J.S.A. 55:19-101;
c.
Foreclosing the right to redemption, pursuant to N.J.S.A. 55:19-58;
d.
Recourse directly against property owner, pursuant to N.J.S.A. 55:19-100;
e.
Possession and control of property, pursuant to N.J.S.A. 55:19-84
to 55:19-92 et seq.;
f.
Rehabilitation and reuse of property, while in possession and control,
pursuant to N.J.S.A. 55:19-90;
g.
Borrowing money and making applications for rehabilitation of property,
while in possession and control, pursuant to N.J.S.A. 55:19-91;
h.
Sale of property, pursuant to N.J.S.A. 55:19-96;
i.
Purchase of property, pursuant to N.J.S.A. 55:19-96;
j.
Recover rehabilitation costs by lien on property, pursuant to N.J.S.A.
55:19-98;
k.
Clearance, development, redevelopment or repair of property through
power of eminent domain, pursuant to N.J.S.A. 55:19-56, 55:19-102.
[Ord. #2015-14]
Electric and natural gas utilities are granted such rights to
abandoned properties as are set forth in N.J.S.A. 55:19-106.
[Ord. #2015-14]
Nothing in this section is intended nor shall be read to conflict
or prevent the City from taking action against buildings found to
be unfit for human habitations or unsafe structures as provided in
applicable provisions of the Administrative Code of the City of Ocean
City and as provided by State law. Further, any action taken under
any such code provision or State law other than the demolition of
a structure shall not relieve an owner from its obligations under
this section.
