Editor's Note: See also Chapter 31, Rental Housing.
[1]
Editor's Note: Former Section 10-1, State Uniform Construction Code Enforcing Agency, previously codified herein and containing portions of Ordinance Nos. 35-77, 90-85, 90-92, 218-93 and 225-95 was repealed by Ordinance No. 237-96. See subsection 2-50.7 for Interlocal Services Agreement with the City of Cape May for provisions of Construction Code review and inspection services.
[Ord. No. 71-83 § I]
It is hereby found and determined that there exists a substantial
number of buildings, or parts thereof, within the Borough of West
Cape May which are unfit for human habitation, occupancy or use due
to their age, dilapidation, defects increasing the risks of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such buildings, or
a part thereof, unsafe or unsanitary, or dangerous or detrimental
to the health, safety or welfare of the residents of the Borough of
West Cape May and that a public necessity exists for the repair, closing
or demolition of such buildings.
[Ord. No. 71-83 § II]
Pursuant to N.J.S. 40:48-2.3 et seq., as amended, the municipal
Construction Code Official is hereby designated and appointed as the
Public Officer to exercise the powers prescribed by this section.
[Ord. No. 71-83 § III]
Wherever a petition is filed with the Public Officer, either
by any other public official whose duties relate to health, fire or
building regulations or by a group of five or more residents of the
Borough of West Cape May charging that any building is unfit for human
habitation, occupancy or use, or whenever it appears to the Public
Officer on his own that any building is unfit for human habitation,
occupancy or use, the Public Officer shall, if his preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner and all parties in interest in such building a complaint
stating the charges and containing a notice that a hearing will be
held before the Public Officer or his designated agent at a designated
location not less than seven days nor more than 30 days after serving
of the complaint. The complaint shall also notify the owner and all
parties of interest of the right to file an answer to the complaint
and the right to appear in person, or otherwise, and give testimony
and other evidence at the hearing. The complaint shall also state
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the Public Officer.
[Ord. No. 71-83 § IV]
If, after such notice and hearing, the Public Officer determines
that the building or part of a building under consideration is unfit
for human habitation, occupancy or use, he shall state in writing
his findings of fact in support of such a determination and shall
issue and cause to be served upon the owner thereof and all parties
in interest an order:
a.
Requiring the repair, alteration or improvement of the 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 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 building, within the time specified
in the order, then the owner shall be required to remove or demolish
the building within the reasonable time specified in the order of
removal.
[Ord. No. 71-83 § V]
If the owner shall fail to comply with the order to repair,
alter or improve, or, at the option of the owner, to vacate and close
the building, the Construction Code Official may cause such building
to be repaired, altered or improved, or to be vacated and closed;
and 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."
[Ord. No. 71-83 § VI]
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. No. 71-83 § VII]
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 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 cost was incurred. 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 shall be forwarded 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. 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.
[Ord. No. 71-83 § VIII]
In his determination whether a building or any part thereof
is unfit for human habitation, occupancy or use, the Construction
Code Official shall apply the standard of whether or not conditions
exist in the particular building or part thereof which are dangerous
or injurious to the health or safety of the occupants of such building,
or the occupants of neighboring buildings or any other persons. Such
conditions may include, but are not limited to the following, as well
as the specific standards imposed by any applicable building, health
or safety laws applicable to the building; defects increasing the
hazard of fire, accident or other such perils; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural
defects and uncleanliness.
[Ord. No. 71-83 § IX]
The Public Officer or other official designated under this section
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
but not limited to the following powers, in addition to the others
herein granted:
a.
To investigate the building conditions in the Borough of West Cape
May in order to determine which buildings therein are unfit for human
habitation or occupancy or use.
b.
To administer oaths and affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations, in
accordance with applicable ordinances and statutes, provided, however,
that entries shall be made in such manner as to cause the least possible
inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this section.
[1]
Editor's Note: Former Section 10-3, Rental of Apartments and
Dwellings, previously codified herein and containing portions of Ordinance
No. 51-80 was repealed in its entirety by Ordinance No. 460-11.
[Ord. No. 219-94 § I]
In connection with any construction or demolition work within
the Borough of West Cape May, the person, persons or entity performing
any such work shall be responsible for properly and promptly disposing
of all construction materials, construction debris, demolition debris
and generally all such refuse generated by the construction or demolition.
Such refuse shall include, but shall not be limited to, construction
materials, concrete, tree stumps and all demolition materials. Proper
disposal shall mean delivery to a duly authorized County landfill,
transfer station or recycling center.
[Ord. No. 219-94 § II]
Prompt disposal shall mean within a reasonable time considering
the construction or demolition work involved.
[Ord. No. 219-94 § III]
No certificate of occupancy or other required such approval
shall be issued by the Construction Code Official until receipts are
furnished to the Construction Code Official evidencing proper disposal
of all construction and demolition materials or debris involved with
the particular project.
[Ord. No. 219-94 § IV; Ord. No. 233-95]
[Ord. No. 164-90 § 1]
The Board of Commissioners hereby adopts a uniform system for
the numbering of all buildings located within the Borough of West
Cape May.
[Ord. No. 164-90 § 2]
All buildings situated within the Borough of West Cape May,
whether residential, industrial or commercial, shall be numbered in
accordance with this section. This section only applies to those buildings
which constitute the principal use on a lot or parcel of ground and
does not apply to detached garages or other accessory uses which are
incidental to the principal use.
[Ord. No. 164-90 § 3; Ord. No. 523-2017]
Each building within the Borough will be assigned a number by
the Borough Assessor, which shall be displayed on the building. Buildings
which are hereafter constructed shall be assigned a house number by
the Tax Assessor at the time of construction, and the number shall
be prominently displayed on the building as required by this section.
[Ord. No. 164-90 § 4]
The owner and/or occupant of every building in the Borough shall
cause to be placed thereon the number which has been assigned by the
Borough. The placement of the numbers shall be in such a manner as
to be plainly visible from the street or roadway and shall not be
less than three (3") inches in height and shall plainly display the
number of the building.
[Ord. No. 164-90 § 5]
Whenever the building is situated in such an area where rural delivery of mail by the United States Postal Service is in effect, then, in addition to displaying the numbers on the building as required by subsection 10-5.4 hereof, the owner and/or occupant shall also cause such building number to be prominently displayed upon the mailbox where mail delivery is customarily and routinely made.
[Ord. No. 164-90 § 6]
Whenever a building is situated in such a way that it is set back thirty-five (35') or more feet from the roadway, and whenever the building is obscured by a fence, shrubbery, or any other obstacle which impairs visibility from the street, then, in addition to displaying the numbers on the building as required by subsection 10-5.4, each owner or occupant of the property shall cause to be displayed, at or near the front property line, the building number, which shall be set forth in figures at least three (3") inches in height and placed upon a post not to exceed six square inches, having a minimum height of thirty (30') inches and a maximum height of seventy-two (72") inches.
[Ord. No. 164-90 § 8; Ord. No. 233-95]
[Ord. No. 371-06 § 1]
Pile driving activities create a nuisance when conducted during
the peak tourism season. It causes unsightly conditions, excess noise,
excess debris, damage to other property, as well as increasing amounts
of silt, sand, sediment and other debris entering the streets and
gutters within the Borough, clogging and otherwise damaging the water
inlets throughout the Borough.
[Ord. No. 371-06 § 2]
This section prohibits pile driving activities during the summer
months beginning the Friday before Memorial Day and ending the day
after Labor Day of each year within the Borough. It is also the purpose
of this section to regulate the manner in which pile driving operations
are performed in order to prohibit the accumulation of silt, sand,
sediment and other debris in the alleys, streets, gutters and inlets
throughout the Borough, and to require pile driving contractors to
be responsible for those operations, to prevent the accumulation of
sand, silt, sediment and other debris in the gutters, streets and
inlets of the Borough and also to prevent damage to adjoining neighbors,
properties, curbs, sidewalks and streets.
[Ord. No. 371-06 § 3]
Beginning the Friday before Memorial Day and ending the day
after Labor Day of each year, any and all pile driving activities
within the Borough shall be prohibited and no permit for pile driving
shall be issued during this period of time. In the event of an emergency,
or a danger to person or property, as determined by the Construction
Official, a pile driving permit may be issued during the restricted
time period. Nothing herein shall be deemed to apply to waterfront
pile driving activity if it is required to be completed within a specified
time frame by the State of New Jersey Department of Environmental
Protection or any other State or Federal agency.
[Ord. No. 371-06 § 4]
Any contractor performing pile driving operations within the
Borough shall obtain a permit from the Borough prior to the commencement
of work.
[Ord. No. 371-06 § 5]
a.
Any contractor performing pile driving operations within the Borough
shall be responsible for all sand, silt, sediment, debris and water
leaving the site of the pile driving operation. Said person, firm
or corporation shall be responsible to clean and maintain all alleys,
gutters, streets, sidewalks, and inlets prior to completing their
pile driving operations and shall specifically remove or cause to
be removed all sand, silt, sediment, or other debris arising from
the pile driving operation. The contractors performing the pile driving
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 and
adjoining property by the utilization of pile driving equipment.
b.
Prior to performing any pile driving activities, the contractor shall
construct and install silt traps at the inlets located at either end
of the block in which the contractor is performing the pile driving
operations.
Prior to obtaining the pile driving permit the contractor shall
notify the Construction Office of the exact type of silt trap which
shall be utilized. No pile driving permit shall be issued until the
Construction Official is notified and approves the type of silt trap
proposed.
c.
Prior to the commencement of work, the contractor shall notify the
owner of property on either side of the site. The notification shall
be forwarded in writing, by certified mail, at least 14 calendar days
prior to the commencement date of the pile driving activity but not
earlier than 30 days prior. The notification shall be sent to the
adjacent property owner at that property's address and to any mailing
address that may be on file with the Office of the Tax Assessor.
d.
Any contractor performing pile driving activities within the Borough
shall comply with all Borough water and sewer ordinances as well as
any other applicable State and Federal laws. The contractor shall
meter and be responsible for water used during the pile driving activities,
and shall ensure there is adequate backflow protection to prevent
contamination of the water supply.
[Ord. No. 371-06 § 6]
Any contractor performing pile driving activities within the
Borough shall also purchase and maintain a comprehensive general liability
insurance policy covering the contractor for any liability as a result
of death, bodily injury or property damage. This policy shall have
the combined single limit amount of one million ($1,000,000.00) dollars
for damages that result due to the contractor's pile driving activities.
Such coverage shall also include activities conducted by any subcontractors,
employees or by any person for whose acts any of them may be liable.
This insurance policy shall also include premises operations, including
but not limited to, explosions, collapses, underground damage, completed
operations and broad coverage for property damage. Proof of such insurance
with evidence that the Borough will be notified of any cancellation
or change in such policy shall be provided to the Borough prior to
the commencement of any pile driving activities.
[Ord. No. 371-06 § 7]
It shall be the responsibility of the pile driving contractor
to prevent damage to alleys, streets, curbs, sidewalks, gutters, and
adjoining property from pile driving activities.
[Ord. No. 371-06 § 8]
Any person, firm or corporation who violates, fails or refuses
to comply with this section or any part of section thereof shall,
upon conviction in the Municipal Court of the Borough of West Cape
May, be punished for each offense by a fine not to exceed $1,000.
In addition, the Municipal Court Judge shall have the authority to
order restitution for any damage done to property by pile driving
activities. Every such violation or refusal shall be deemed a separate
violation, and each day that the same shall continue shall be deemed
a separate violation.
[Ord. No. 372-06 § 1]
Building demolition activities create a nuisance when conducted
during the peak tourism season. It causes unsightly conditions, excess
noise, excess debris, and damage to other property.
[Ord. No. 372-06 § 2]
This section prohibits building demolition during the summer
months beginning the Friday before Memorial Day and ending the day
after Labor Day of each year within the Borough. It is also the purpose
of this section to regulate the manner in which building demolition
operations are performed.
[Ord. No. 372-06 § 3; Ord. No. 554-2018]
Beginning the Friday before Memorial Day and ending the day
after Labor Day of each year, any and all building demolition activities
within the Borough shall be prohibited and no permit for building
demolition shall be issued during this period of time. In the event
of an emergency, or a danger to person or property, as determined
by the Code Enforcement Officer Construction Official, a building
demolition permit may be issued during the restricted time period.
[Ord. No. 372-06 § 4; Ord. No. 554-2018]
Before any existing building or structure or part of a building
or structure is demolished, an application must be filed with the
Code Enforcement Officer Construction Code Official by the owner or
person authorized by the owner. In addition to the application, the
following information shall be provided:
a.
The full name and residence of each owner of the building or structure
to be demolished.
b.
The name and address of the person or persons who are required to
do the demolition work.
c.
A full description of the building or structure to be demolished.
d.
A statement as to the time in which the proposed demolition will
start.
e.
A statement as to the time in which the proposed demolition will
be complete.
f.
A statement as to the extent of the demolition of the building or
structure.
g.
Any additional information that is required by the Code Enforcement
Offices or Construction Code Official.
[Ord. No. 372-06 § 5; Ord. No. 554-2018]
No permit for building demolition shall be issued until it is
determined whether that building or structure is located within the
Borough of West Cape May Historic District. If the building or structure
is located within a Historic District, all demolition restrictions
as set forth by the Borough of West Cape May Historic Preservation
Commission shall be complied with prior to demolition approval. In
the event of an emergency, or a danger to person or property, as determined
by the Code Enforcement Officer or Construction Official, a building
demolition permit may be issued during the restricted time period.
[Ord. No. 372-06 § 6; Ord. No. 554-2018]
It shall be unlawful to demolish any building or structure or
part of a building or structure unless and until an application has
been filed and approved by the Code Enforcement Officer and Construction
Code Official. Once an application is approved, the Construction Code
Official will issue a written permit. It is in the discretion of the
Code Enforcement Officer and Construction Code Official to approve
or reject any application filed that is incomplete.
[Ord. No. 372-06 § 7]
In all instances where a building or structure is to be totally
demolished or torn down to grade level, it shall be demolished or
taken down to a depth of six inches below grade and backfilled with
six inches of gravel or topsoil and leveled off at grade.
[Ord. No. 372-06 § 8]
If a building or structure is demolished that has a basement,
cellar or other depression, it shall be filled with clean earth.
Any and all contractors and subcontractors responsible for the
demolition of a building or structure shall insure proper removal
of all debris. All debris shall be removed from the site within 10
days of the date that the demolition is complete. In addition, said
person, firm or corporation shall be responsible to clean and maintain
all alleys, gutters, streets, sidewalk and adjacent properties and
shall specifically remove or cause to be removed all debris arising
from the demolition. The contractor or subcontractor performing the
demolition shall also take any and all action necessary to prevent
damage to alleys, streets, gutters, curbs and adjacent properties.
[Ord. No. 372-06 § 10]
Prior to the commencement of work to demolish a structure, the
contractor shall notify the owner of property adjacent to the site.
The notification shall be forwarded in writing, by certified mail,
at least 14 calendar days prior to the commencement date of the demolition
work, but not earlier than 30 days prior. The notification shall be
forwarded to the adjacent property at that property and to any mailing
address file with the Office of the Tax Assessor.
[Ord. No. 372-06 § 11]
Any contractor performing demolition work within the Borough
shall comply with all Borough construction ordinances as well as any
other applicable State and Federal laws.
[Ord. No. 372-06 § 12]
Any contractor performing building demolition within the Borough
shall also purchase and maintain a comprehensive general liability
insurance policy covering the contractor for any liability as a result
of death, bodily injury or property damage. This policy shall have
the combined single limit amount of one million ($1,000,000.00) dollars
for damages that result due to the contractor's building demolition.
Such coverage shall also include activities conducted by any subcontractors,
employees or by any person for whose acts any of them may be liable.
This insurance policy shall also include premises operations, including
but not limited to, explosions, collapses, underground damage, completed
operations and broad coverage for property damage. Proof of such insurance
with evidence that the Borough will be notified of any cancellation
or change in such policy shall be provided to the Borough prior to
the commencement of any building demolition.
[Ord. No. 372-06 § 13]
It shall be the responsibility of the demolition contractor
to prevent damage to alleys, streets, curbs, sidewalks, gutters, and
adjoining property from demolition activities.
[Ord. No. 372-06 § 14]
Any person, firm or corporation who violates, fails, or refuses
to comply with this chapter or any part of section thereof shall,
upon conviction in the Municipal Court of the Borough of West Cape
May, be punished for each offense by a fine not to exceed $1,000.
In addition, the Municipal Court Judge shall have the authority to
order restitution for any damage done to property by demolition activities.
Every such violation or refusal shall be deemed a separate violation,
and each day that the same shall continue shall be deemed a separate
violation.
[Ord. No. 443-10 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of West Cape May so as to protect public health, safety and welfare,
and to prescribe penalties for the failure to comply.
[Ord. No. 443-10 § II]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings 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 the 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.
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 West Cape May or other public body,
and is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 443-10 § III]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, 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:
[Ord. No. 443-10 § IV]
Storm drain inlets identified in subsection 10-8.3 above shall comply with the following standard to control passage of solid and floatable materials 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 standard see subsection 10-8.4c below.
a.
Design engineers shall use either of the following grates whether
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under 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 no more than seven (7.0) square inches, or is no greater
than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on 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.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or reach individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than two (2.0") inches
across the smallest dimension.
c.
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 a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1") 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.
[Ord. No. 443-10 § V]
This section shall be enforced by the Cape May City Police Department,
which provides police protection and enforcement for the Borough of
West Cape May.
[Ord. No. 443-10 § VI]
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 $100 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[1]
Editor's Note: Prior ordinance history; Ord. No. 418-08.
[Ord. No. 516-2017]
The purpose and intent of the regulations contained herein are
as follows:
a.
To define as public nuisances and violations of this section those
conditions which constitute visual blight or which could result in
conditions which are harmful or deleterious to the public health,
safety and welfare;
b.
To develop regulations that will promote the sound maintenance of
property and the enhancement of the livability, community appearance,
and the social, economic and environmental conditions of the community;
c.
To establish guidelines or procedures for the correction of property
maintenance violations and nuisances that afford due process and procedural
guarantees to affected property owners and tenants; and
d.
To provide proper authority guidelines, regulations, administration
and enforcement for the implementation of the purposes and intent
of this section.
[Ord. No. 516-2017]
Shall mean that portion of property between a building and
the back property line.
Shall mean the Borough of West Cape May.
Shall mean any structure having a roof supported by columns
or walls used or intended to be used for the shelter or enclosure
of persons, animals, or property.
Shall mean individuals employed by the Borough whose primary
responsibility is enforcement of this section; and, code enforcement
activities. A Code Enforcement Officer, for the purpose of enforcing
provisions of this Code, shall also include a code enforcement employee,
building inspector, fire safety inspector, street and sidewalk inspector,
water/wastewater inspector, engineering inspector and a Police Officer.
Shall mean the accessway between the street and the garage
or carport.
Shall mean that portion of property between the street and
a building.
Shall mean as used in this section, and unless otherwise
required by the context, shall be deemed to include any person owning,
leasing, renting, occupying, or having charge or possession of any
property in the Borough to and including any person identified as
owning property as shown on the last assessment roll.
Shall mean any individual, partnership, corporation, association,
or other organization, however formed.
Shall mean any real property, or improvements thereon.
Shall mean anything which is or is likely to become injurious to health or safety or offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, or unlawfully obstructs the free passage or use, in the customary manner, of any public park, square, street or highway; and includes a condition of visual blight. Enumeration of such nuisances in subsection 10-9.3 shall not be deemed exclusive.
Shall mean that portion of property between a building and
the side property line.
Shall mean any unreasonable, unsafe, or unlawful condition
or use of premises or of building exterior which by reason of its
appearance as viewed at ground level from public street or from neighboring
premises, is detrimental to the property of others.
[Ord. No. 516-2017; Ord. No. 538-2018]
It is a public nuisance for any person owning, leasing, occupying
or having charge of any property within the Borough to maintain such
property in a condition detrimental to the public health, safety,
general welfare, or is so defective, or in such condition of deterioration
or disrepair that the same causes a material detrimental to proximal
properties and improvements.
The following is a non-exclusive list of example conditions
or activities, any one of which shall constitute a public nuisance
under this section:
a.
Land configuration of which whether in natural state or as a result
of grading operations, excavation or fill, causes erosion, subsidence,
silting of the Borough storm drain system or surface water drainage
problems of such magnitude as to be injurious or potentially injurious
to the Borough stormwater system, public health, safety and welfare
or to adjacent properties
b.
Building exteriors, doors, windows, walls, fences, driveways, curbs,
gutters, sidewalks, walkways and parking areas which are maintained
in such condition as to become so defective or in such condition of
deterioration or disrepair that the same causes an unsafe condition,
interference with public convenience or is materially detrimental
to nearby properties and improvements;
c.
Dead, decayed, diseased trees or overgrown vegetation, likely to
harbor vermin and other nuisances, or causing detriment to neighboring
properties, or causing or adding to a fire hazard.
d.
Obstruction or encroachment of any public property, including but
not limited to any public street, public alley, highway, right-of-way,
park, building, or other land dedicated to public use;
e.
Any violation of the standards, regulation or codes for buildings
and construction adopted by the Borough;
f.
Any condition recognized in law or in equity as constituting a public
nuisance, or any condition existing on property which, in the opinion
of the Code Enforcement Officer, constitutes visual blight;
g.
Any storage of boats, with or without a detachable trailer, that
creates a safety hazard, or is otherwise harmful or deleterious to
the public health, safety and welfare;
[Ord. No. 516-2017]
The Code Enforcement Officer of the Borough of West Cape May
shall act as the officer of the Borough to enforce the provisions
hereof.
[Ord. No. 516-2017]
Should the Code Enforcement Officer determine that a violation
of these provisions exists, he shall cause notice to be given to the
owner or tenant or both, which notice shall describe the violation
and state that unless the described violation is abated, removed and
remedied within 10 days from the date of the giving of the notice
the violation shall be abated, removed and remedied by the Borough
and the cost thereof assessed as a lien against that land.
[Ord. No. 516-2017]
Any notice given under authority of this section shall be served
personally when such service is practical; or it may be mailed, registered
mail and postage prepaid, addressed to the owner at the last known
Post Office address as the same may appear on the Tax Collector's
records.
[Ord. No. 516-2017]
Upon failure of the owner or tenant to abate, remove or remedy
the violation in manner satisfactory to the Code Enforcement Officer
within the 10 days following notification, the Borough may cause the
violation to be abated, removed and remedied.
[Ord. No. 516-2017]
The Borough shall keep an accurate record of all expenses incurred
in causing the abatement or removal; and upon completion of the work
the Code Enforcement Officer shall certify in writing the total costs
thereof.
[Ord. No. 516-2017]
Upon receipt of any such certification, the same shall be examined
by the Governing Body if found to be correct, the Governing Body shall
declare by the passage of a resolution that the costs be certified
to the Tax Collector as a lien against the land in question. Upon
receipt by the Tax Collector of any such resolution and certification
of costs, the same shall be entered upon the Tax Collector's records
as a lien against the property and shall become and form a part of
the taxes next to be assessed and levied upon the property. Thereafter,
if the lien remains unpaid it shall bear interest when it becomes
delinquent at the same rate as other delinquent taxes and shall be
collected and enforced by the same officers and in the same manner
as taxes.
[Ord. No. 518-2017; Ord. No. 546-2018]
The requirements set forth in this section shall apply to all development within the Borough of West Cape May, as defined in Section 27-6.
[Ord. No. 518-2017; Ord. No. 546-2018]
a.
A zoning
permit or building permit shall not be issued until a grading plan,
including a sealed survey, has been reviewed and approved by the Municipal
Engineer, or other Borough official designated by the Borough Commission,
which grading plan shall be in accordance with the provisions of this
section.
b.
The application fee is $100. The escrow fee for grading plan review
is $500. Additional escrow may be required if recommended by the Borough
Engineer. Application and escrow fees shall be paid separately in
cash or certified check made out to "Borough of West Cape May." The
Municipal Engineer, or other Borough official designated by the Borough
Commission, may waive the requirements of this section if substantial
compliance with the purposes and terms of this section are demonstrated
to the satisfaction of the Engineer or official.
c.
All development shall be graded to direct storm water away from adjacent
properties and towards on-site storm water facilities or towards the
street. If impossible to drain directly to the street, it shall be
directed to a system of interior yard drainage approved by the Municipal
Engineer.
d.
All lots, open spaces and planting areas shall be graded to secure
proper drainage and to prevent the collection of storm water. The
grading shall be performed in a manner which will minimize the damage
to or destruction of trees growing on the land. Topsoil shall be provided
and/or redistributed on the surface as cover and shall be stabilized
by seeding or planting and shall comply with the standards for soil
erosion and sediment control in New Jersey. All provisions shall be
approved by the Cape Atlantic Conservation District.
e.
No topsoil shall be removed from the site or used as topsoil. Topsoil
moved during the course of construction shall be redistributed so
as to provide at least six (6") inches or spread cover to all seeding
and shall comply with the standards for soil erosion and sediment
control in New Jersey. In the event that the quantity of topsoil at
the site is insufficient to provide six (6") inches of cover for all
seeding and planting areas, the owner shall provide and distribute
a sufficient quantity of topsoil to provide such a cover in accordance
with the standards for soil erosion and sediment control in New Jersey.
All provisions shall be approved by the Cape Atlantic Soil Conservation
District.
f.
The ground immediately adjacent to the foundation shall be sloped
away from the building at a slope of not less than 5% for a minimum
distance of ten (10') feet measured perpendicular to the face of the
wall. If physical obstructions or lot lines prohibit 10-foot horizontal
distance, a 5% slope shall be provided to an approved alternate method
of diverting water away from the foundation. Swales used for this
purpose shall be sloped a minimum of 2% where located within ten (10')
feet of the building foundation. Impervious surfaces within ten (10')
feet of the building shall be sloped a minimum of 2% away from the
building
g.
The minimum slope for lawns and disturbed areas shall be one and
one-half (1 1/2%) percent measured from the rear lot line to
the top of the curb or sidewalk whichever is highest. For smooth,
hard-finished surfaces other than roadways and parking lots, the minimum
slope shall be a minimum of 0.04%.
h.
All topographic information shall be based on NAVD 88 vertical datum.
i.
Prior to applying for final inspections in reference to obtaining
a certificate of occupancy, an as-built survey showing final grades
and matching the approved plan must be submitted to the Zoning Office
for approval by the Zoning Official or Municipal Engineer.
[Ord. No. 559-2018]
The Borough of West Cape May Board of Commissioners determined
that the health, welfare and safety of the citizens and business owners
of the Borough are promoted by requiring certain structures to have
a key lock box installed on the exterior of the structure to aid the
Borough Volunteer Fire Department in gaining access to or within a
structure when responding to calls for an emergency service, and to
aid access into or within a building that is secured or into which
it is unduly difficult to gain entry due either to being unoccupied
or to the occupants being unable to respond.
[Ord. No. 559-2018]
A secure rapid entry system that is designed to be used by
Fire Department personnel in the event of an emergency to gain entry
into a structure by using the enclosed owner-provided key(s). This
box is usually mounted on the exterior of the building in a location
that is specified by the Code Enforcement Officer or System Administrator.
All boxes shall be UL (Underwriters' Laboratories) certified and approved
by the Code Enforcement Officer or System Administrator.
A member of the Fire Department who is recommended by the
Fire Department with confirmation by the Commissioners of the Borough
of West Cape May who is in charge of the key lock box program.
[Ord. No. 559-2018]
The following structures shall be equipped with a key lock box
installed at a location that is approved by the Code Enforcement Officer
or System Administrator, which shall be at the main entrance or such
other location as required by the Code Enforcement Officer or System
Administrator:
a.
Any structure which has a fire or other alarm system, which reports
a fire and/or carbon monoxide level to a monitoring central station
or reports by its own dialer directly to the police/fire department,
or such structures that are secured in a manner that restricts access
during an emergency;
b.
Any structures that have restricted access through locked doors and
have a common corridor for access to the dwelling units;
c.
Any commercial structure, industrial structure, Government-owned
structures, or assisted-living or nursing-care facilities;
d.
Any other structures as determined by the Code Enforcement Officer
or System Administrator, which determination shall be at the Code
Enforcement Officer or System Administrator's discretion based on
the protection of health, safety, and welfare of residents and occupants,
or, where the need for immediate access is imperative.
[Ord. No. 559-2018]
a.
The owner of the structure shall be responsible for the cost of installation
and maintenance of the key lock box. For the purpose of this section,
"owner" shall mean the individual or legal entity holding title to
the structure or the property upon which the structure is located.
In the case of a condominium, the owner shall mean the condominium
association or, in the event there is no condominium association,
the owner shall mean all of the condominium owners collectively.
b.
All newly constructed structures subject to this section shall have
the key lock box installed and operational prior to the issuance of
a certificate of occupancy. All structures in existence on the effective
date of this section and subject to this section shall have 90 days
from the effective date of this section to have a key lock box installed
and operational.
c.
As used in this section, the term "key lock box" shall mean a type
of key lock box system capable of storing keys for the purposes set
forth in this section, the exact type and manufacturer of which shall
be approved by the Code Enforcement Officer or System Administrator.
d.
The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key or keys in the lock box that will
allow for access to all points of egress capable of being locked,
whether on the interior or exterior of the structure, mechanical equipment
rooms, electrical rooms, elevator controls, fenced or secured areas,
or any other room, enclosure, or area as required by the Code Enforcement
Officer or System Administrator.
e.
The Code Enforcement Officer or System Administrator is authorized
to promulgate administrative rules, regulations, and procedures to
further the purposes of this section and to file same with the City
Clerk.
f.
For the violation of any provision of this section, the penalty,
upon conviction of the violation, shall be a minimum of $100.00 and
not to exceed $1,500.00. Each day that a violation of any provision
of this article exists shall be deemed a separate offense.
[Ord. No. 558-2018]
The Borough of West Cape May Board of Commissioners determined
that the health, welfare and safety of the citizens of the Borough
are promoted by requiring a zoning permit be issued prior to any ordinary
maintenance or repair, including but not limited to maintenance, repair,
or replacement to siding or roofing, on any building within the Borough.
[Ord. No. 558-2018]
Shall mean repair of any deterioration, wear or damage to
a structure or any part thereof in order to return it as nearly as
practicable to its condition prior to the occurrence of the deterioration,
wear, or damage with in-kind material and quality workmanship. Ordinary
maintenance shall also include in kind replacement of exterior elements
or accessory hardware including signs, using the same material and
workmanship, and having the same appearance.
[Ord. No. 558-2018]
a.
Prior to any ordinary maintenance or repair being performed on the
exterior of a building, including but not limited to maintenance,
repair, or replacement of siding or roofing on any building within
the Borough, the applicant, individual, or contractor shall submit
an application for zoning permit to the Zoning Officer and pay the
$35 application fee.
b.
The Zoning Officer shall review the application and determine whether the property is in the Historic Preservation District. If the property is located in the Historic Preservation District, the Zoning Official shall review all permit applications to determine if the application proposes work that constitutes ordinary maintenance and repair as defined in Section 27-19.2. If the Zoning Official determines that the work strictly meets the standards for Ordinary Maintenance and Repair the application may be forwarded to the Construction Official and a permit may be issued. The Zoning Official shall refer the application to the Historic Preservation Commission if he finds that the proposed work does not meet the standards for ordinary maintenance and repair. If the Zoning Official has any doubt as to whether the work constitutes ordinary maintenance and repair, then he shall refer the request to the Commission.
c.
If the property is not located in the Historic Preservation District, or, complies with the requirements of Section 27-19.5, and, the proposed work complies with the Borough Code, the Zoning Officer will issue a zoning permit.
d.
For the violation of any provision of this section, the penalty,
upon conviction of the violation, shall be a minimum of $100 and not
to exceed $1,500. Each day that a violation of any provision of this
article exists shall be deemed a separate offense.
[Ord. No. 558-2018]
The following are specifically exempted from the requirements
of this section: Painting, cleaning, power-washing work, ordinary
maintenance or repair to any steps, deck, or landing not constituting
full replacement.
