[2000 Code § 2:1-1]
This Article shall be known as the "Borough of Avalon Administrative
Code."
[New]
The terms and phrases as defined in Chapter 1 of the Code of the Borough of Avalon shall apply to the Administrative Code
[New]
For the purpose of the Administrative Code and any other ordinances or resolutions heretofore or hereafter adopted, except as the context may otherwise require. The construction provisions of Chapter 1 of the Code of the Borough of Avalon shall apply.
[2000 Code § 2:1-4]
It is the intent of the Council in enacting the Administrative
Code to exercise fully the powers delegated by the Charter to organize
and regulate the internal affairs of Borough government. The provisions
of this Administrative Code shall be construed liberally to accomplish
that objective.
This Administrative Code shall be interpreted and administered
so as to maintain the separation of legislative and administrative
powers as provided in the Charter.
[2000 Code § 2:2-1; amended 4-8-2020 by Ord. No. 801-2020]
a.
The Council shall hold an annual reorganization meeting during the
first week of July of each year to elect a President and a Vice President
from among its members to serve for one year. The Council shall then
conduct such other business as may come before it.
b.
To be eligible for election to the office of Vice President or President,
a member of Council shall have served on Borough Council for a minimum
of 12 consecutive months. The President shall have first served as
Vice President; and following service as Vice President, the Vice
President shall automatically assume the office of President at the
next annual reorganization meeting, that is, in July next.
c.
The offices of President and Vice President shall be rotated among
the members of Council in such a manner that a Council member shall
not hold either office for more than one year during such member's
four-year term. The most recently elected or appointed member of Council
shall be the last in line of rotation for such offices. When two or
more members are elected in the same election, the rotation shall
be assigned based on the number of votes cast in such election, with
the member receiving the lower vote being assigned the lower seniority,
or as Borough Council may otherwise agree.
d.
Borough Council shall retain the right to alter the rotation whenever
circumstances, such as illness, temporary disability, resignation,
retirement, or other like occurrence, would so require it in order
to achieve the described rotation, giving effect to the eligibility
requirement established in this section.
[2000 Code § 2:2-2]
Members-elect of the Council shall be notified of all Council
meetings to be held between election day and the date of organization,
the same as incumbents. They shall be entitled to attend all such
meetings and to participate in all pre-meeting conferences without
vote.
[2000 Code § 2:2-3]
a.
Legislation. Except as may be otherwise provided by general law,
the Council shall exercise the legislative power of the Borough, including
the legislative powers of the Board of Health.
b.
Inquiry. The Council may, be majority vote of the whole Council,
require any municipal officer to prepare and submit sworn statements
regarding the performance of his official duties and may otherwise
investigate the conduct of any department, office or agency.
c.
Administration. The Council and individual members thereof shall
deal with officers and employees of the Borough only through the Mayor
or the Director of the Department. This does not apply to formal inquiries
by the Council as specified herein. This provision shall also not
apply to communication between the Council and the Borough Attorney
or Borough Engineer. Those communications may be direct and without
limitation or restriction.
d.
Removals. The Council may, by majority vote of the whole Council
and for cause, remove any municipal officer except the Mayor or a
Council member, upon notice and an opportunity to be heard in public.
e.
Appointments. On request of the Mayor, the Council shall receive
and consider in executive session any nomination for appointment requiring
Council advice and consent. Executive sessions shall be held in accordance
with N.J.S.A. 10:4-6 et seq. Candidates shall be formally nominated
at any regular meeting and may be confirmed or rejected at the same
meeting, but in any case no later than the next regular meeting. Multiple
appointments to any body shall be confirmed individually.
[2000 Code § 2:2-4]
a.
Public Meetings. All meetings, including pre-meeting conferences,
shall be public and held at times and places fixed by the Council,
in accordance with the Open Public Meetings Act (N.J.S.A. 10:4-6 et
seq.). Exceptions, if any, shall be authorized therein.
b.
Regular Meetings. The Council shall hold its regular meetings and
work sessions as per a resolution to be adopted at each yearly reorganizational
meeting. This resolution may be amended or modified by subsequent
resolutions duly adopted.
c.
Pre-meeting Conferences. The Council may hold pre-meeting conferences
in preparation for regular meetings as permitted by law.
d.
Special Meetings. Special meetings of Council may be called by the
Mayor, or the President of Council, or the Vice-President in the absence
of the President. Such special meetings shall also be called upon
written request of a majority of the whole Council. Special meetings
shall be conducted in accordance with the provisions and limitations
established in the Open Public Meetings Act.
e.
Special Meetings: Declaration of Emergency by Mayor. A special meeting
of the Council shall be called whenever the Mayor declares a state
of emergency affecting the public health or safety. The call for such
meeting may be filed within the Borough Clerk three hours before the
meeting. Upon receipt of the notice, the Borough Clerk shall forthwith
notify each member and member-elect, make copies of the call available
to the press and post at least one copy in a prominent place in the
Borough Clerk's office.
[2000 Code § 2:3-1; N.J.S.A. 40A:9-133]
The Council shall appoint a Borough Clerk to serve for a three-year
term. The term of the Borough Clerk shall be deemed to have begun
as of the actual date upon which a person serving as Borough Clerk
is appointed. No person shall be appointed to the office of Borough
Clerk unless such person shall hold a registered municipal clerk certificate
issued by the State of New Jersey and otherwise possesses the training
and qualifications established by N.J.S.A. 40A:9-133 et seq. as the
same may be hereafter be amended and supplemented.
[2000 Code § 2:3-2]
The Borough Clerk shall be Clerk of the Council and may select
subordinate personnel with the advice and consent of the Council to
such positions as the Council may authorize and shall:
a.
Act as secretary to the municipal corporation and as custodian of
the municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the municipal corporation. The governing body
may, however, provide by ordinance that any other specific officer
shall have custody of any specific other class of records.
b.
Act as secretary to the governing body, prepare meeting agendas at
the discretion of the governing body, be present at all meetings of
the governing body, keep a journal of the proceedings of every meeting,
retain the original copies of all ordinances and resolutions, and
record the minutes of every meeting.
c.
Serve as the chief administrative officer in all elections held in
the municipality, subject to the requirements of Title 19 of the New
Jersey State Statutes.
d.
Serve as chief registrar of voters in the municipality, subject to
the requirements of Title 19 of the New Jersey State Statutes.
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where statute or municipal ordinance has delegated
that responsibility to some other municipal officer.
f.
Serve as coordinator and records manager responsible for implementing
local archives and records retention programs as mandated pursuant
to Title 47 of the New Jersey State Statutes.
g.
The Borough Clerk shall compile and index all ordinances and resolutions
adopted during the year. At the close of each year, the Borough Clerk
shall index and bind the originals of all ordinances and resolutions
and preserve them as permanent public records.
h.
The Borough Clerk may also provide for codification of ordinances
as directed by the Council and with the assistance of the Municipal
Attorney or Legislative Counsel.
i.
Serve as Registrar of Vital Statistics.
j.
Perform such other duties as are now or hereafter imposed by statute,
regulation or by municipal ordinance or regulation.
k.
Perform such other duties as the Council may assign and as are prescribed
by general law and Charter.
[2000 Code § 2:303; New]
The Borough Council may appoint a qualified individual to the
position of Deputy Borough Clerk for an initial term of three years
and for subsequent terms of three years. The Deputy Borough Clerk
shall, in the absence of the Borough Clerk, be authorized to perform
all of the duties and responsibilities assigned to the Borough Clerk.
The Deputy Borough Clerk shall perform such further and additional
duties as may be prescribed by the Council.
a.
The administrative branch shall consist of the following:
[2000 Code § 2:4-2; N.J.S.A. 40:59A-40 and 40:69A-43;
New; amended 6-22-2022 by Ord. No. 845-2022]
The Mayor may approve the organization and reorganization of
departments, divisions, officers, boards, and agencies either on his
own initiative or on recommendation of the head thereof or on recommendation
of the Business Administrator and subject to available appropriations,
provided that any plan calling for changes in the number of departments,
divisions or in personnel strength or the classification and pay of
employees shall be submitted to the Council at least 14 days prior
to a regular meeting. Borough Council may waive such time requirement.
The Council may, by way of resolution at the next regular meeting,
approve or reject the plan or return it for revision.
[2000 Code § 2:4-3]
a.
Appointment and Term. The Mayor shall appoint the directors of all
departments with the advice and consent of the Council, to serve during
his term and until appointment and qualification of their successors.
b.
Removal. The Mayor, in his discretion, may remove any department
head after giving him notice and an opportunity to be heard. Prior
to removing the department head, the Mayor shall file a written notice
of his intention with the Council and such removal shall become effective
on the 20th day after filing of the notice unless the Council prior
thereto adopts a resolution by a 2/3 vote of the whole membership
of the Council disapproving the removal.
c.
Powers and Duties. The Director:
1.
Shall appoint subordinate officers and employees within his department
and may, with the approval of the Mayor, remove such officers and
employees.
2.
Shall plan and supervise the work of the department.
3.
Shall assign and may modify the functions and duties of subordinates.
4.
May delegate to subordinate employees, in writing, such supervisory
powers as he may deem necessary for efficient administration.
5.
Shall report at least monthly to the Mayor and Council on the work
of his department in such form as the Mayor and Council shall specify.
6.
Shall authorize all purchase requisitions or provide for their authorization
and shall certify the correctness and property of all payrolls and
vouchers or provide the certification.
7.
Shall perform such other duties as may be assigned by the Mayor and/or
Council.
d.
Other Employees. Each department, office and agency shall have such
employees as the Council may authorize. Employees shall be appointed
and may be removed pursuant to Charter, statute, and the Borough's
personnel rules and shall be paid in accordance with the annual Salary
Ordinance.
[2000 Code § 2:5-1]
The executive power of the Borough shall be exercised by the
Mayor pursuant to this Code and general law.
[2000 Code § 2:5-2]
The Mayor, elected as provided by the Charter for four years
beginning July 1, 1979, and quadrennially thereafter, shall be paid
an annual salary as provided for in the Salary Ordinance in the same
manner as all other officers and employees.
[2000 Code § 2:5-3]
The Mayor shall be the Chief Executive of the Borough and shall:
a.
Enforce the Charter and ordinances and all applicable general laws
of the Borough of Avalon.
b.
Supervise all departments of the Borough government.
c.
Require each department to make an annual report and such other reports
of its work as the Mayor may deem desirable.
d.
Submit an annual budget to Council on or before January 15 of each
calendar year.
e.
From time to time make such recommendations for action by the Council
as the Mayor may deem to be in the public interest.
f.
Report annually, in January, to the Council and to the public on
the work of the previous year and the conditions and requirements
of the Borough government for the current year.
[Amended 3-24-2021 by Ord. No. 818-2021]
a.
The Mayor shall appoint the Business Administrator and all other
department heads, with the advice and consent of the Council. Each
department head shall serve during the term of office of the Mayor
appointing him and until the appointment and qualification of his
successor.
[2000 Code § 2:5-4; 2013 Code § 2-5.4]
b.
The Mayor shall have such further appointing power with the advice
and consent of the Council, or otherwise, as is provided by this Code
or by general law.
[2000 Code § 2:5-4; 2013 Code § 2-5.4]
c.
The Mayor may in his discretion remove any department head and, subject
to any general provisions of law concerning term of office or tenure,
any other municipal executive officer who is not a subordinate departmental
officer or employee, after notice and an opportunity to be heard.
Prior to removal the Mayor shall first file written notice of his
intention with the council, and such removal shall become effective
on the 20th day after the filing of such notice unless the Council
shall prior thereto have adopted a resolution by a two-thirds vote
of the whole number of the Council, disapproving the removal.
[N.J.S.A. 40: 69A-43(c); Ord. No. 767-2018 § 5]
d.
The Mayor
may, in the exercise of his discretion, and whenever in his judgment
the circumstances warrant, appoint any Department or Division Head,
or any Assistant Department or Division Head, temporarily or in an
"acting" capacity for such term and under such conditions as the Mayor
shall deem appropriate. The Mayor may, but shall not be required,
to seek Borough Council's endorsement of such temporary appointments.
Any person appointed to a position in an "acting capacity" must have
all of the required qualifications as well as all licenses and certifications
required by law for appointment to such position. No acting appointment
shall be made, however, whenever state law expressly prohibits such
an appointment.
[Added 3-24-2021 by Ord.
No. 818-2021]
[2000 Code § 2:5-5; N.J.S.A. 40:69A-41]
The Mayor may attend meetings of Council and may take part in
discussion of Council, but shall not vote except in the case of a
tie on the question of filling a vacancy in the Council, in which
case the Mayor may cast the deciding vote.
[2000 Code § 2:5-6; N.J.S.A. 40:69A-41]
All ordinances adopted by the Council shall be submitted to
the Mayor and he shall, within 10 days of receiving an ordinance,
either approve the ordinance by affixing his signature thereto or
return it to the Council by delivering it to the Borough Clerk, together
with a statement setting forth his objections to the ordinance or
to any item or part thereof. No ordinance or any item or part thereof
shall take effect without the Mayor's approval, unless the Mayor fails
to return the ordinance to the Council within 10 days after it has
been presented to him, or unless Council, upon reconsideration thereof
on or after the third day following its return by the Mayor, shall,
by a vote of 2/3 of the members, resolve to override the Mayor's veto.
[2000 Code § 2:5-7]
The Mayor shall designate the Business Administrator, any department
head, or the Borough Clerk to act as Mayor whenever the Mayor shall
be prevented, by absence from the Borough, disability, or other cause,
from attending to the duties of his office. During such time, the
person so designated by the Mayor shall possess all of the rights,
powers and duties of the Mayor. Whenever the Mayor has been unable
to attend the duties of his office for a period of 60 days for any
of the above-stated reasons, an Acting Mayor shall be appointed by
the Council, who shall then succeed to all of the rights, powers and
duties of the Mayor or the Acting Mayor.
[Ord. No. 767-2018 § 3]
The previously existing position of Public Information Officer
who was heretofore appointed by Executive Order or Appointment of
the Mayor, and who continues to serve in that position at the adoption
of this chapter, is hereby confirmed, ratified, continued in existence
and codified as part of the Code of the Borough of Avalon, 2013.
[Ord. No. 767-2018 § 3]
The Office of Public Information shall consist of the Public
Information Officer and such other contractor(s), vendors or consultants
as may be approved by Mayor and Borough Council.
[Ord. No. 767-2018 § 3]
a.
The Public Information Officer shall hereafter be appointed by the
Mayor with the advice and consent of the Borough Council.
b.
The Public Information Officer shall be a Municipal Executive Officer
who shall be subject to removal, for cause, by the Mayor pursuant
to N.J.S.A. 40:69A-43(c) or by Borough Council which retains, pursuant
to its Legislative Power, the right to remove any municipal officer
for cause pursuant to N.J.S.A. 40:69a-36(e). In the absence of cause,
the person appointed Public Information Officer shall continue to
hold office during periods of good behavior and efficiency.
c.
Compensation for the Public Information Officer shall be fixed by
Executive Order of the Mayor pursuant to N.J.S.A. 40:69A-43a.
d.
The Public Information Officer may hold, concurrently, one or more
other positions with the Borough of Avalon with the approval of the
Mayor provided that such duties can be performed efficiently and without
neglecting the duties of any one office or position. In the event
that the Public Information Officer shall be appointed to more than
one position concurrently, the compensation for all such positions
shall be fixed by the Mayor who may fix one salary for any number
of positions held.
Cross reference: See Avalon Code § 5-12.2 (Authority of Mayor to Fix Salaries).
e.
The incumbent Public Information Officer at the time of adoption
of Ordinance No. 767-2018 shall continue to hold that Office and shall
be deemed to have been confirmed in that Office and shall not be subject
to further confirmation. The provisions of this chapter shall apply
to any successor to the present incumbent.
f.
The Public Information Officer may perform public information services
on behalf of other local governments or agencies thereof with the
approval of the Mayor.
[Ord. No. 767-2018 § 3]
The Public Information Officer shall be qualified by education,
training and experience to discharge the duties and responsibilities
of the position.
[Ord. No. 767-2018 § 3]
The Public Information Officer shall have the duty and responsibility
to:
a.
Keep residents and visitors informed on a current and on-going basis
of emergency and weather-related issues related to the Federal Emergency
Management Agency (FEMA); the State, County, and Local Offices of
Emergency Management; the Borough's Code Red Program (Reverse 9-1-1
Program); National Weather Service;
b.
Provide public information and public relations services for all
Borough Departments, the Avalon History Center; the Avalon Public
Library; the Avalon Elementary School as requested;
c.
Provide public service announcements of community interest to keep
the public fully informed of on-going and upcoming events of community
interest;
d.
Maintain the Borough's official website and social media outlets,
and publish news of the Borough, including news items pertaining to
the Mayor, Borough Council, Borough Departments, the Planning and
Zoning Board; the Environmental Commission; and importantly, issues
involving public safety, health and welfare; and other similar activities;
e.
Organize all Borough-sponsored internal and external marketing efforts
exclusive to the Borough or in partnership with other Borough organizations
and entities;
f.
Write and issue all Borough press releases, and prepare all Power
Point or similar presentations in behalf of Mayor, Council, or Borough
departments;
g.
Maintain and utilize all Borough standard and emergency communication
systems, including the reverse 911 emergency alert system contracted
by the Borough;
h.
Serve as the media liaison for all emergent and non-emergent communications
and messaging to traditional and non-traditional media outlets;
i.
Host any Borough special event functions and activities as directed
by Mayor or Borough Council;
j.
Provide or coordinate photography and video services in behalf of
the Borough;
k.
Such other duties and responsibilities as may be directed by the
Mayor or Borough Council.
[Ord. No. 767-2018 § 3]
[2000 Code § 2:6-1]
The Department of Administration shall be headed by the Business
Administrator who shall administer and supervise all Borough administrative
functions and enforce all Borough policies.
a.
Qualifications. The Business Administrator shall be a college graduate
with previous municipal experience in a responsible administrative
or executive capacity. At the time of appointment, he need not be
a resident of the Borough of Avalon and during his tenure may reside
outside the Borough with Council approval.
[2000 Code § 2:6-2]
b.
Powers and Duties. Under the direction and supervision of the Mayor,
the Business Administrator shall:
1.
Supervise and coordinate the administration of all departments, divisions
and offices of the Borough government, in accordance with written
delegation of authority by the Mayor.
2.
Prescribe and enforce rules for efficient management and operation
of the Borough government and for administrative reporting to the
Mayor and Council.
3.
Plan and direct the work of the Department of Administration.
4.
Direct the preparation and administration of the annual operating
and capital budgets and maintain a continuing review analysis of budget
operations, work programs and costs.
5.
Report periodically to the Mayor and Council on administration of
the Borough government, including notable efficiencies, economies
and savings.
6.
Perform such other duties as the Mayor may prescribe or as may follow
the functions prescribed by the Council for the Department of Administration.
[2000 Code § 2:6-2]
c.
Removal of or Failure to Reappoint Business Administrator. Pursuant
to N.J.S.A. 40:69A-43 (c), in the event of the removal or failure
of reappointment of the Business Administrator, that administrator
shall be entitled to a three-months' written notice of the removal
or non-reappointment, or if the Mayor determines that the removal
shall be immediate, then the Administrator shall be paid any unpaid
balance of his salary plus his salary for a maximum of the next three
(3) calendar months following the effective date of the Mayor's action
unless the removal is for good cause. For the purposes of this subsection,
"good cause" shall mean conviction of a crime or offense involving
moral turpitude, the violation of the provisions of Sections 17-14,
17-15, 17-16, 17-17, or 17-18 of P.L. 1950, c. 210 (C. 40:69A-163
through 40:69A-167), or the violation of any code of ethics in effect
within the municipality.
[N.J.S.A. 40: 69A-43(c); Ord. No. 767-2018 § 4]
[Ord. No. 724-2015 § 1]
a.
Appointment and Term.
1.
The Assistant Business Administrator shall be appointed by the Mayor
or, in the alternative, by the Business Administrator with the express
consent and approval of the Mayor. Such appointment shall be made,
or confirmed, by Executive Order of the Mayor and subject to municipal
budgetary appropriation. The Assistant Business Administrator may
reside outside the Borough at the time of appointment and during the
term of appointment.
2.
The Assistant Business Administrator shall serve during the term
of the Mayor appointing him/her and until the appointment and qualification
of a successor.
b.
Qualifications.
The Assistant Business Administrator shall have the following
qualifications:
1.
S/he shall be a college graduate with previous municipal experience
in one or more of the following areas: (a) Setting program or organizational
goals and objectives, (b) establishing organizational structure or
determining the need for and developing plans for organizational changes,
(c) setting policy for the organization or program managed by establishing
program emphasis and priorities and developing operating and procedural
guidelines, and (d) directing the work of the organization or program
through subordinate levels of supervision.
2.
Possess knowledge of the problems involved in the administration
of municipal affairs, in the integration and coordination of departmental
activities, and all phases of municipal business operation; of management
principles, practices, methods and techniques, and of administrative
processes.
3.
Have the ability to provide heads of departments and others with
needed advice and assistance when required and to see that proper
operational procedures are followed and that desired municipal objectives
are achieved.
The Assistant Business Administrator shall:
c.
Duties.
1.
Assist the Business Administrator in the administration of municipal
affairs, and in integrating and coordinating activities of the various
departments;
2.
Assist the Business Administrator in the preparation and review of
the budget.
3.
Act for and in place of the Business Administrator in his absence
and perform such other functions, powers, and duties as may be assigned
as herein provided.
4.
Assist the Business Administrator in advising the Mayor and Borough
Council on matters of policy.
5.
Assist the Business Administrator in advising the Mayor and Borough
Council on issues of personnel and administrative organization.
6.
Prepare comprehensive reports to the Mayor, Borough Council and Business
Administrator when requested or required to do so.
7.
Supervises or assists in the establishment and maintenance of suitable
records and files as requested or required to do so.
8.
Perform such additional duties as directed by the Mayor, Borough
Council or Business Administrator.
[2000 Code § 2:6-3; New; Ord. No.
724-2015]
The Department of Administration shall have the following functions:
a.
Assist in the preparation of the budget.
b.
Administer a centralized purchasing system and other central services.
c.
Be responsible for the development and administration of a sound
personnel system.
d.
Supervise, subject to the direction of the Mayor, the administration
of each of the departments established by ordinance. For this purpose,
the Business Administrator shall have power to investigate the organization
and operation of any and all departments, and to consult with the
heads of the departments under his jurisdiction; provided that with
respect to any Department of Law or Department of Revenue and Finance,
the authority of the Business Administrator under this section shall
extend only to matters of budgeting, personnel and purchasing.
e.
Direct the activities of all divisions within the department.
f.
Administer the public relations and public affairs of the Borough.
g.
Administer all Borough insurance programs.
h.
Oversee generally, to the extent required or permitted by general
law, the proper functioning of the independent and quasi-independent
boards, agencies and commissions of the Borough.
i.
Perform such other duties Council may prescribe.
[2000 Code § 2:6-4; Ord. No. 724-2015]
The Department of Administration shall be organized pursuant to a plan approved by the Mayor. Such plan shall also be filed with the Borough Clerk as required by § 2-4.2, Organization of Departments.
[2000 Code § 2:7-1—2:7-5; New; Ord. No. 724-2015; Ord. No. 731-2015 § 1]
The following divisions shall be part of the Department of Administration.
a.
Division of Construction Code Enforcement.
[Amended 4-8-2020 by Ord.
No. 801-2020]
1.
Construction Official; appointment.[1] The Division of Construction Code Enforcement is the local
enforcing agency ("LEA") in the Borough for all matters pertaining
to the State Uniform Construction Code. The LEA shall control all
matters concerning construction, alterations, additions, repair, removal,
demolition, use, location and occupancy of all buildings and structures
and their service equipment, which shall apply to all new and existing
buildings and structures. The Construction Official is the chief administrator
of the LEA. The Construction Official shall be appointed by the Mayor
and with the advice and consent of the Borough Council in accordance
with N.J.S.A. 52:27D-126.
2.
Construction Official duties. The Construction Official shall have
the following duties and responsibilities:
(a)
Coordinate the activities of all the personnel assigned to the
LEA, including the management of private on-site inspection agencies;
(b)
Review permit and certificate applications;
(c)
Oversee permit and certificate issuance;
(d)
Review violation notices prior to issuance and assign penalties
when appropriate;
(e)
Communicate with architects, engineers and contractors as well
as assist and educate the public;
(f)
Deal with complaints from the public regarding construction
activities within the Borough;
(g)
Establish and enforce LEA policies to assure compliance with
the Uniform Construction Code;
(h)
Be responsible for budget preparation for the LEA and proper
accounting of the annual budget and reporting periodically to the
Borough Council regarding the fee schedule, as well as enforcement
of Borough policies which affect the LEA;
(i)
Perform such other duties as contained in the job description
for the position of Construction Official as approved by the Borough,
the laws of New Jersey pertaining to the Uniform Construction Code,
and the rules and regulations promulgated by the New Jersey Department
of Community Affairs ("NJDCA") or other agency or department having
jurisdiction;
(j)
Perform such other duties as may be directed by the Mayor, Borough
Council, or the Business Administrator.
3.
Assistant Construction Official. The Borough may appoint an Assistant
Construction Official. Any such appointment shall be made by the Mayor
and with the advice and consent of the Borough Council in accordance
with N.J.S.A. 52:27D-126.
4.
Assistant Construction Official duties. The Assistant Construction
Official shall perform such duties as are assigned or delegated by
the Construction Official and as generally described in the job description
for such position as approved by the Borough. The Assistant Construction
Official shall perform the duties of the Construction Official in
the absence of the Construction Official or when called upon to do
so.
5.
License required. As a requirement for appointment, the Construction
Official and the Assistant Construction Official must be licensed
as a Construction Official by the New Jersey Department of Community
Affairs.
6.
Subcode officials.
(a)
There are five subcode official positions in each jurisdiction:
Fire Prevention Subcode Official, Electrical Subcode Official, Plumbing
Subcode Official, Building Subcode Official, and Elevator Subcode
Official. Each subcode official is required to be licensed by the
New Jersey Department of Community Affairs.
(b)
The Construction Official or Assistant Construction Official
may hold one or more of the subcode positions, provided that the Construction
Official or Assistant Construction Official must possess the appropriate
subcode official license and will be required to possess a technical
license of the appropriate level (HHS, ICS, RSC) in a specified discipline
(building inspector, electrical inspector, fire protection inspector,
plumbing inspector, or elevator inspector).
7.
Technical Assistant and other personnel.
(a)
The Borough may appoint one or more individuals to the position
of Technical Assistant. Such appointment shall be made by the Mayor
with the advice and recommendation of the Construction Official. The
Technical Assistant shall provide technical assistance in the issuance
of construction permits in order to assure compliance with the provisions
of the New Jersey Uniform Construction Code. In addition, the Mayor,
as the appointing authority, may establish positions other than those
provided in N.J.A.C. 5:23-5 as are deemed necessary, subject to the
right of the Commissioner to establish categories of certification
for such positions. The Construction Official or appropriate subcode
official shall be responsible for the supervision of such personnel.
(b)
The Borough may, in its discretion, employ a mechanical inspector
to perform plan review and mechanical inspection, with oversight by
a designated subcode official, for Use Group R-3 or R-4 structures.
Alternatively, the Construction Official may assign mechanical inspector
duties to the Plumbing Subcode Official. Any such appointment shall
be made by the Mayor under the general appointment power of the Mayor
under the Borough Code.
(c)
The Mayor may also appoint inspectors, secretaries and trainees
as need and as circumstances may require. All such appointments shall
be subject to the rules and regulations of the New Jersey Department
of Community Affairs and/or such other department or agency having
jurisdiction.
8.
Identification of personnel. The Borough shall provide the Construction
Official, each subcode official and each inspector with personal identification,
which includes, at a minimum, the name of the municipality, and the
name, title and photograph of the individual, and the identification
shall be validated by the Borough.
b.
Bureau of Flood Damage Prevention.
[Amended 4-8-2020 by Ord.
No. 801-2020]
1.
This Bureau shall be directed by the Construction Official, who has,
by virtue of such appointment, been designated by the State of New
Jersey, Department of Community Affairs, as the Floodplain Administrator,
unless another individual with suitable training and experience is
appointed to the position. The Bureau may also have a Deputy Floodplain
Administrator. In addition, there shall also be appointed a Floodplain
Coordinator and a Community Rating System Coordinator (CRS). Each
of the foregoing individuals shall be appointed by the Mayor with
the advice and consent of Borough Council and shall be qualified by
training and experience to discharge the duties of the position. Compensation
for these individuals who are non-department heads shall be determined
by the Mayor consistent with and subject to the parameters established
by this code.
2.
The Deputy Floodplain Administrator shall, when called upon to do
so, perform all of the duties of the Floodplain Administrator as well
as such other duties as prescribed by law and including those duties
described in the job description or as may otherwise be assigned by
the Mayor, Borough Council, the Floodplain Administrator or the Business
Administrator.
3.
The Floodplain Coordinator shall assist the Floodplain Administrator
in administering the Borough's Floodplain management program and shall,
among other assigned duties, perform the following duties and responsibilities:
(a)
Provide contractors and homeowners with the floodplain development
permit application for projects consisting of new construction, additions
and house raises.
(b)
Review elevation certificates for completeness and correctness.
(c)
Attach a completeness and correctness form to each submitted
elevation certificate that is to be signed by the Floodplain Manager/Administrator.
(d)
Maintain records of all elevation certificates submitted within
a year, to be sent to FEMA for review for the Community Rating System
(CRS) Program.
(e)
Gather all elevation certificates and stormwater management
reports for new construction and house raises for the three-year cycle,
to be submitted to FEMA for the CRS Program.
(f)
Identify repetitive loss properties.
(g)
Complete a National Flood Insurance Program (NIFP) Repetitive
Loss Update Worksheet to be sent to FEMA to remove the property from
the repetitive loss list.
(h)
Send out the annual flyer to property owners within the Borough
to provide information for flood hazards, how to prepare for flooding,
and how to floodproof the property.
(i)
Assist contractors and homeowners in identifying in which flood
zone the individual property is located.
(j)
Assist the Floodplain Administrator and the CRS Coordinator
in ongoing efforts to maintain a favorable community rating class
under the National Flood Insurance Program and assist in the development,
certification and periodic recertification of the Borough's Floodplain
Management Plan and such other duties related thereto.
(k)
Perform such other duties as may be assigned by the Floodplain
Administrator, the Mayor, Borough Council, or the Business Administrator.
4.
CRS Coordinator. This individual has the responsibility to:
(a)
Provide guidance to Borough officials in implementing local
procedures which are compliant with FEMA guidelines and regulations;
(b)
Assemble documents necessary for the Borough to submit as part
of a local Floodplain Management Plan;
(c)
Advise the Borough on needed ordinance amendments and supplements
to conform with FEMA and state requirements;
(d)
Assist the Borough which must undergo periodic recertification
examinations;
(e)
Assist the Borough in obtaining the maximum number of points
from FEMA which serve as the basis for the flood rating. (Currently,
the Borough has been awarded a Class 3 rating, and the Borough expects
to maintain that rating and to improve upon it. The class rating determines
the flood insurance premiums paid by homeowners; and the lower the
rating, the more reduction in flood insurance premiums.)
5.
The Bureau shall administer and enforce the provisions of Chapter 19, entitled "Flood Damage Prevention," of the Code of the Borough of Avalon and any and all other applicable laws, regulations and ordinances pertaining to flooding and flood damage prevention, except where enforcement has been reserved to and vested in another agency or individual.
6.
Nothing contained herein shall prevent the Borough from using a third-party
consultant to serve as either Floodplain Administrator, Deputy Floodplain
Administrator, Floodplain Coordinator or CRS Coordinator, provided
that such consultant, or an officer or employee of such consultant,
is qualified by training and experience to discharge the duties and
responsibilities of the Bureau.
c.
Bureau
of Licenses and Permits.
[Added 2-8-2023 by Ord. No. 855-2023[2]]
1.
This Bureau shall operate within the Division of Construction Code
Enforcement in the Department of Administration and shall be administered
under the direction of the Licensing Clerk.
2.
Except as hereinafter specified, the Licensing Clerk shall issue all licenses and permits which are issued by the Borough, including those licenses and permits specified in Chapter 10 of the Avalon Borough Code, except for those which are expressly assigned to the Borough Clerk or to another designated municipal officer as hereinafter specified. In addition, the Licensing Clerk shall be responsible for the issuance of the following:
3.
All other licenses and permits which may hereafter be assigned.
(a)
Whenever the applicable Borough ordinance requires prior approval
of the Borough Council as a condition for the issuance of any license
or permit, no license or permit shall be issued unless and until the
same is approved by resolution of the Borough Council. Whenever the
Borough ordinance establishes conditions for the issuance of a license
or permit, all such preconditions shall be satisfied and fulfilled
to the satisfaction of the Borough prior to the issuance of a license
or permit.
(b)
Exception. The License Clerk shall not be authorized to issue
any license or permit whenever the issuance of such has been specifically
reserved to another official by state law or Borough ordinance including
the following:
(1)
Construction permits issued by the Construction Official;
(2)
Certificates of occupancy issued by the Construction Official;
(3)
Zoning permits and certificates of approval issued by the Zoning Officer (Zoning Review and Permitting); and all approvals or certificates issued pursuant to Chapter 19 (Flood Damage Prevention), as amended by Ordinance No. 849-2022;
(5)
Permits for water and sewer service installations issued by the Zoning Officer upon receipt of cost estimates received from Utility Service Affiliates, Inc., as required by Chapter 14 of the Avalon Borough Code as supplemented by Ordinance No. 851-2022;
(6)
Alcoholic beverage licenses issued by the Borough Council by resolution and signed and sealed by the Borough Clerk as municipal agent designated by the municipal issuing authority (Borough Code § 11-3.5);
(8)
Marriage licenses issued by the Borough Clerk;
(10)
Special events permits issued by the Director of the Division of Recreation subject to the approval process set forth in Chapter 10 of the Avalon Borough Code (§ 10-7.3). [NOTE: All permits for special events require the express approval of the Mayor or his designee (Business Administrator). Upon approval, the Business Administrator must report such approval to Borough Council at its next regular meeting. Any event involving the possession, sale, or consumption of alcoholic beverages on Borough property or facilities must also receive the approval of Borough Council by resolution. The Mayor and/or Borough Council may waive any requirement when circumstances warrant (§ 10-7.4).];
[2]
Editor's Note: This ordinance also redesignated former paragraphs
c through h as paragraphs f through k, respectively.
d.
Bureau
of Fire Prevention.
[Added 2-8-2023 by Ord. No. 855-2023]
1.
This Bureau
shall function within the Division of Construction Code Enforcement
in the Department of Administration and shall be administered under
the direction of the Fire Official.
e.
Division
of Purchasing; Office of the Qualified Purchasing Agent (QPA). (NOTE:
Previously, the QPA was assigned to but not part of the Department
of Public Works and Utilities. Under a plan of reorganization for
various divisions approved by resolution of Borough Council on December
14, 2022, the Office of the QPA became a division in the Department
of Administration.)
[Added 2-8-2023 by Ord. No. 855-2023]
1.
Qualified Purchasing Agent. There is hereby created the position
of Qualified Purchasing Agent within the Borough of Avalon Department
of Administration, the statutory position established pursuant to
the New Jersey Local Public Contract Law, N.J.S.A. 40A:11-1 et seq.,
and N.J.A.C. 5:32-4 et seq.
2.
Appointment and term. The position of Qualified Purchasing Agent
shall be appointed by the Mayor with the advice and consent of the
Borough Council. Such individual shall serve for a term as contractually
agreed between the Borough of Avalon and the appointee.
3.
Compensation. The Qualified Purchasing Agent shall receive such salary
as may be established within the guides of the prevailing Salary Ordinance
of the Borough or as designated by contract.
4.
Qualifications. The Qualified Purchasing Agent shall possess professional
certification as a Qualified Purchasing Agent as recognized and promulgated
by the Division of Local Government Services within the State of New
Jersey Department of Community Affairs pursuant to N.J.S.A. 40A:11-9.
In addition to such certification, the Borough of Avalon may qualify
such an employee based on their professionalism, knowledge, and proven
dedication to the community.
5.
Duties and responsibilities of the QPA:
(a)
Work to ensure the Borough of Avalon's compliance with
the provisions of the New Jersey Local Public Contracts Law.
(b)
Develop and recommend comprehensive purchasing procedures for
use by the Borough of Avalon and its agencies.
(c)
Develop and recommend comprehensive guidelines for vendors or
other entities seeking to do business with the Borough of Avalon.
(d)
Develop and recommend methods to continually modernize and update
the procurement systems and techniques used by the Borough of Avalon.
(e)
Work cooperatively with Borough departments, personnel, and
contracted professionals to ensure the effective and timely delivery
of goods and services.
(f)
Oversee and execute all procurement functions on behalf of the
Borough of Avalon, including, but not limited to:
(1)
Finalizing bid specifications.
(2)
Finalizing proposal solicitation documents.
(3)
Reviewing quotes as received by end-user departments.
(4)
Receiving bids on behalf of the Borough.
(5)
Reviewing bid documentation as received.
(6)
Recommending action on publicly bid items.
(7)
Researching cooperative and other group purchasing opportunities.
(g)
Oversee compliance with all rules, regulations, and directives
of the State of New Jersey, Department of Community Affairs, Division
of Local Government Services, pertaining to issues related to the
Local Public Contracts Law of New Jersey (N.J.S.A. 40A:11-1 et seq.).
(h)
Fulfill those duties and responsibilities imposed upon Qualified
Purchasing Agents by the laws of the State of New Jersey and the rules
and regulations of state agencies having jurisdiction.
(i)
Perform such other duties as may be assigned to the QPA by the
Mayor and Council.
f.
Division of Zoning Review and Permitting; Division of Zoning Enforcement
and Inspections.
[Added 12-18-2019 by Ord.
No. 795-2019]
1.
ZONING ENFORCEMENT OFFICER
ZONING OFFICER
ZONING ORDINANCE
Definitions. As used in this section, the following terms shall have
the meaning indicated:
That individual appointed by the Mayor to serve as the Division
head of the Division of Zoning Enforcement and Inspections and charged
with the duty to perform those functions and responsibilities herein
specified or as otherwise fixed by law.
That individual appointed by the Mayor to serve as the Division
head of the Division of Zoning Review and Permitting and charged with
the duty to perform those functions and responsibilities herein specified
or as otherwise fixed by law.
All land use ordinances of the Borough of Avalon, including Zoning (Chapter 27 of the Avalon Code), Subdivision and Site Plan Review (Chapter 26 of the Avalon Code), Land Use Procedures (Chapter 25 of the Avalon Code), plus any and all other ordinances that govern and control the construction and alteration of any buildings or structures, but excluding the provisions of Chapter 16 of the Avalon Code pertaining to property maintenance.
2.
Division of Zoning Review and Permitting.
(a)
The Division of Zoning Review and Permitting shall be charged
with the responsibility of plan review and the issuing of zoning permits.
The Division head shall be the Zoning Officer, who shall be appointed
by the Mayor.
(b)
The primary responsibility of the Division of Zoning Review
and Permitting shall be:
(1)
To review all plans and documents submitted by an applicant
for a construction permit to ensure that the proposed construction
complies with the Zoning Ordinance of the Borough and, once determining
that the particular application complies with the Zoning Ordinance,
to issue a zoning permit. A zoning permit shall be a required prior
approval before a construction permit shall be issued by the Construction
Official. This includes all new construction as well as alterations
to existing buildings and structures.
(2)
In those cases where an applicant has sought and received approval
from the Planning and Zoning Board either for major or minor subdivisions,
site plan approval, approval for variance(s) or any other approved
development application, the Division shall review all plans and other
documents to confirm that the proposed construction complies with
the Zoning Ordinance or with the terms of the approval granted by
the Planning and Zoning Board.
(c)
A copy of the zoning permit, once issued, shall be forwarded
forthwith to the Division of Zoning Enforcement.
3.
Division of Zoning Enforcement and Inspections.
(a)
The Division of Zoning Enforcement and Inspections shall be
charged with the responsibility of enforcing the Zoning Ordinance.
The Division head shall be the Zoning Enforcement Officer, who shall
be appointed by the Mayor. The Zoning Enforcement Officer shall hold
the dual office of general Code Enforcement Official or Officer. The
Zoning Enforcement Officer shall also hold the position of Assistant
Zoning Officer and shall perform the duties of the Zoning Officer
in her/his absence.
(b)
The primary responsibility of the Division of Zoning Enforcement
and Inspections shall be:
(1)
The inspection and monitoring of all building and construction
sites to ensure that such building and construction complies with
the Zoning Ordinance and the terms of the zoning permit and for compliance
with the terms and conditions of any and all approvals granted by
the Planning and Zoning Board.
(2)
In certain instances, the Zoning Enforcement Officer shall work
in concert with the Planning and Zoning Board Engineer, who shall
have ultimate responsibility for ensuring that all building and construction
complies with site plan approval or other approvals granted by the
Board.
4.
Jurisdiction.
(a)
The Zoning Enforcement Officer shall have the primary duty and
responsibility to issue zoning violation notices and, when appropriate,
to institute municipal prosecutions in the Municipal Court, or other
court of competent jurisdiction, for violations of the municipal land
use ordinances. Although the Zoning Enforcement Officer shall have
the primary duty and responsibility in such matters, both the Zoning
Officer and the Zoning Enforcement Officer shall have concurrent and
equal jurisdiction in such matters.
g.
Division of Municipal Engineering. The Division of Municipal Engineering
shall be headed by the Borough Engineer, who shall be a duly licensed
professional engineer of the State of New Jersey and qualified by
training and experience, and particularly a minimum of five years
experience as a licensed engineer. The Borough Engineer shall be appointed
to a term of one year. The Borough Engineer shall:
1.
Perform all appropriate functions associated with the engineering
needs of the Borough of Avalon.
2.
Make examinations, prepare surveys, levels, plans, profiles, measurements,
delineations, estimates, specifications and contracts for the construction
and repair of streets, culverts, drains, sewer, sidewalks and other
public works and improvements undertaken by the Borough.
3.
Supervise all such public works and furnish certificates upon their
partial or final completion when directed to do so by the Mayor or
Business Administrator.
4.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to all public works and facilities owned or operated
by the Borough, except as otherwise directed by the Business Administrator
or the Mayor.
5.
Provide technical and engineering advice and assistance to other
Borough Departments as needed, and perform all other services which
may properly be performed by a Civil Engineer and of which the Borough
has need, unless such services are specifically delegated to some
other officer or department of the Borough.
6.
Be aware or know that all papers, documents, memoranda, reports,
original maps and tracings and other materials shall remain the property
of the Borough. Upon the termination of his service with the Borough,
the Borough Engineer shall immediately surrender to the Borough or
his successor any and all such property.
h.
Division of Recreation. (Note: The Department of Recreation is not
a department of Borough government but is a division within the Department
of Administration. It is commonly referred to as the "Recreation Department"
and in this subsection the terms "Department" and "Division" are used
interchangeably to refer to the Division of Recreation.)
[Amended 6-22-2022 by Ord. No. 845-2022]
1.
There shall be a Division of Recreation (commonly known as the "Recreation
Department"). The Division of Recreation is assigned to and is part
of the Department of Administration. The Division shall perform the
following functions:
(a)
Administer and operate the Borough's playgrounds and playing
fields, facilities for indoor and outdoor sports and athletic and
recreational programs and activities for children and adults.
(b)
Administer and operate the Borough's social centers and
recreational functions and activities relating thereto.
(c)
Sponsor and administer cultural activities with other public
and private agencies and organizations when such activities have been
approved by the Mayor and Council.
(d)
Report to Borough Council on the status of all public works
projects and attend meetings of the Borough Council as required.
(e)
Use and operate public school property upon the approval and
agreement of the Board of Education to the extent that such property
may be adaptable and available for recreational programs of the Borough.
(f)
Plan and develop recreational areas and facilities, excluding
marina facilities; promote and direct a program of leisure activities
for children, youth, and adults of the Borough; and stimulate the
constructive use of leisure time of residents of the Borough.
(g)
Make recommendations to the Mayor and Council with regard to
the implementation of programs and recommend fees to be charged therefor;
evaluate existing programs and recommend to the Mayor and Council
improvements pertaining to such programs; under appropriate circumstances
to recommend to the Mayor and Council the elimination of certain programs.
2.
Director; Division Head. The Division of Recreation shall be headed
by the Director of Recreation who shall be the Division Head.
3.
Qualifications and Duties of the Director.
(a)
Education.
(1)
The Director of the Department of Recreation shall preferably
have a minimum of a bachelor's degree from an accredited college,
university, or institution; or
(2)
The Director shall have at least five years of supervisory experience
in planning, promoting, organizing, and/or administering a comprehensive
recreational program for the community, including the maintenance
of parks, playgrounds, or other recreational facilities.
(b)
License.
(1)
The Director may be required to possess a valid certification
as a recreation director issued by the New Jersey Board of Recreation
Examiners.
(2)
The Director shall have, and maintain in good standing, a valid
New Jersey driver's license since the operation of a motor vehicle
is necessary to perform the essential duties of the position.
(c)
Duties. The Director of Recreation is responsible for the vision
of facilities, recreation programs, and cultural programs. The Director
shall perform such duties as may specified in the appropriate job
description as approved by the Borough and as the same may be amended
from time to time. Those duties shall include, but shall not be limited
to:
(1)
Provides leadership and direction of short- and long-range plans.
(2)
Coordinates department activities with other departments and
agencies as needed.
(3)
Plans, coordinates, and directs a diversified recreation program
for both youth and adults.
(4)
Coordinates the recreation programs with Borough departments,
school, library, and other various community-based organizations.
(5)
Develops and implements policies, procedures, and standards
for effective operation and maintenance of department operations.
Assures compliance with all policies and procedures.
(6)
Promotes interest in sports and recreation through public advertisements
and public contact.
(7)
Prepares annual budget, maintains cost control, and monitors
revenues to ensure proper fiscal control.
(8)
Prepares a variety of studies, reports, and related information
for decisionmaking purposes.
(9)
Maintains all necessary operating records for all facilities
equipment reports and maintenance recordings.
(10)
Supervise the control of, and is responsible for, materials
and supplies used. Evaluates and purchases new and replacement equipment.
(11)
The supervision and oversight of all subordinate coordinators,
and all subordinate employees.
(12)
Oversee and monitor performance by all third-party contractors
performing service for the Borough in any and all matters pertaining
to the recreation and its functions.
(13)
Supervise all budgetary and financial management tasks of the
recreation, including submitting annual budget requests, in consultation
with other management personnel, for the operation of the Department
and, upon approval of the budget, to monitor expenditures and purchases
within the Department of Recreation to comply with established budgetary
appropriations and authorizations and, in this regard, to work closely
with the Borough's Chief Financial Officer; to approve all purchase
orders issued by the Department of Recreation and require same to
be processed in accordance with Borough procedures.
(14)
Make recommendations to the Human Resource Officer/Business
Administrator as to the hiring, promotion, transfer, and dismissal
of Department personnel and the periodic and timely completion of
all departmental employee performance reviews; providing documentation
on a current basis for the timely and current update of employee personnel
files.
4.
Administrative Coordinator - Department of Recreation.
(a)
Appointment. There is hereby authorized an Administrative Coordinator for the Borough, Department of Recreation. This Coordinator shall be appointed by the Mayor, who shall also determine the salary in accordance with N.J.S.A. 40:69A-39 (Executive Power) and 40: 69A-43a (Salaries) and Code §§ 2-5.4 and 5-12.2. Under appropriate circumstances in the opinion of the Mayor, the Administrative Coordinator may be appointed to the position of Administrative/Program Coordinator. (NOTE: Such title was created under a supplemental reorganization plan for the Division of Recreation dated October 1, 2022, and approved by Borough Council on November 14, 2022, pursuant to Resolution No. 217-2022.)
[Amended 2-8-2023 by Ord. No. 855-2023]
(b)
Qualifications. The Administrative Coordinator shall have a
minimum of three years of recreation management, supervisory experience.
The Administrative Coordinator shall also possess a current valid
New Jersey driver's license. In addition, the Administrative
Coordinator shall have and possess such other experience and qualifications
as described in the job description approved by Borough Council as
the same may be amended and supplemented from time to time.
(c)
Duties. Under the direction of the Director of Recreation, the
Administrative Coordinator shall, to a lesser degree and subject to
the direction of the Director, perform the duties established under
the position of the Director and oversee the day-to-day supervision
and direction of various administrative functions of the Department.
The Administrative Coordinator, as a key member of the Department,
reports to the Director and assists in the planning, promoting, organizing,
and administering the use of our facilities for special events, recreation
services for the community, as well as being responsible for supervising
all part-time employees working in the Borough's Recreation Center.
The Administrative Coordinator will also administer, organize, and
act as a liaison at conferences, meetings, other functions, and related
duties.
(d)
Knowledge and abilities. Should have at least cursory knowledge
of the philosophy of activities for a community recreation program.
General knowledge of budget estimates, requisition, and maintenance
of recreation equipment, materials, and supplies. Ability to assist
in organizing, developing, and coordinating recreation activities
of the Borough. Possess the ability to assist administration of area
and facilities comprising a recreation system. Possess the ability
to give assignments and instructions, and supervise subordinates.
Have the ability to establish and maintain cooperative working relationships
with local governing authorities, agencies, and individuals.
5.
Operations Coordinator - Department of Recreation.
(a)
Appointment. There is hereby authorized an Operations Coordinator for the Borough, Department of Recreation. This Coordinator shall be appointed by the Mayor, who shall also determine the salary in accordance with N.J.S.A. 40:69A-39 (Executive Power) and 40: 69A-43a (Salaries) and Code §§ 2-5.4 and 5-12.2. Under appropriate circumstances in the opinion of the Mayor, the Administrative Coordinator may be appointed to the position of Operations/Program Coordinator. (NOTE: Such title was created under a supplemental reorganization plan for the Division of Recreation dated October 1, 2022, and approved by Borough Council on November 14, 2022, pursuant to Resolution No. 217-2022.)
[Amended 2-8-2023 by Ord. No. 855-2023]
(b)
Qualifications. The Operations Coordinator shall have a minimum
of three years of recreation management, supervisory experience. In
addition, the Operations Coordinator shall have and possess such other
experience and qualifications as described in the job description
approved by Borough Council as the same may be amended and supplemented
from time to time. The Operations Coordinator shall also possess a
current valid New Jersey driver's license.
(c)
Duties. Under the direction of the Director of Recreation, the
Operations Coordinator shall, to a lesser degree and subject to the
direction of the Director, perform the duties established under the
position of the Director and oversee the day-to-day supervision and
direction of various administrative functions of the Department. The
Operations Coordinator, as a key member of the Department, reports
to the Director and assists in the planning, promoting, and organizing
of the Department and shall be responsible for supervising all employees
working in the Borough's satellite facilities (8th St Tennis,
39th St. Tennis, and Bay Park Marina). The Operations Coordinator
will also oversee the groups operating camps etc., other functions,
and related duties as required.
(d)
Knowledge and abilities. Should have at least cursory knowledge
of the philosophy of activities and the supervision in programs of
individuals working for a community recreation program. General supervisory
skills and knowledge of organizations, budgets, and operating problems.
Knowledge of the policies, procedures, and programs of the Department/Borough.
Ability to comprehend, interpret, and apply basic laws and regulations
to specific situations. Ability to comprehend, interpret, and apply
budget procedures. Ability to design and execute organization analysis
for various purposes. Ability to design and execute detailed staffing
and task analysis. Ability to maintain records and files. Possess
the ability to assist in supervising employees within the operational
facilities that comprise the recreation system. Possess the ability
to give assignments and instructions, and supervise subordinates.
Have the ability to establish and maintain cooperative working relationships
with local governing authorities, agencies, and individuals.
6.
Other personnel. The Division shall have such other subordinate personnel
as may be deemed necessary and recommended by the Recreation Director
and subject to the approval of the Business Administrator and appointment
by the Mayor and such personnel shall perform such duties as may be
prescribed by the Director.
i.
Division of Licenses and Inspections. [Deleted by Ordinance No. 731-2015]
This section which was previously designated as subsection 2-6.5e
is deleted by Ordinance No. 731-2015 and redesignated as the Bureau
of Licenses within the Division of Construction Code Enforcement.
j.
Division of Human Resources.
[Added 2-9-2022 by Ord.
No. 832-2022]
1.
The Division of Human Resources shall be charged with the responsibility
for all issues pertaining to human resources and personnel acting
under the direction of the Business Administrator or his/her designee.
The Human Resource Officer ("HRO") is the Division Head in charge
thereof. The HRO shall be appointed by the Mayor and with the advice
and consent of Borough Council.
2.
Human Resource Officer duties.
(a)
The Human Resource Officer (HRO) shall have those duties and
responsibilities as may be specifically assigned and directed by the
Mayor or Business Administrator and consistent with those duties specified
in the job description for the HRO as approved by Borough Council
and subject to amendment from time to time.
(b)
Unless expressly reserved to the Business Administrator, those
duties formerly assigned to and performed by the Business Administrator
as "Personnel Officer" shall now be assigned to and performed by the
HRO.
(c)
HRO shall perform such further or additional duties as may be
directed by the Mayor, Business Administrator, Assistant Business
Administrator, or Borough Council.
3.
Nothing herein shall be construed as prohibiting or preventing the
Mayor from appointing and contracting with a third-party entity or
individual to provide such human resource (HR) services, provided
that any such contract is subject to the approval of Borough Council.
k.
Division of General Code Enforcement. (This was previously a division
within the office of the Construction Official and was separated out
and made an independent division within the Department of Administration
in accordance with Organizational Chart dated 2/4/2016.)
[Added 6-22-2022 by Ord.
No. 845-2022]
1.
There is established within the Department of Administration the
Division of General Code Enforcement consisting of the Code Enforcement
Official who shall be the Division Head together with one or more
Code Enforcement Officers. The Code Enforcement Official and Officers
shall be appointed by the Mayor at a salary established by the Salary
Ordinance of the Borough.
2.
The Code Enforcement Official and Officers shall enforce all Borough
ordinances except where such enforcement is specifically delegated
to another enforcement official or agency pursuant to state law or
Borough ordinance. Included in such enforcement powers are the following:
(l)
Such further and additional enforcement matters as assigned
by ordinance or otherwise.
[2000 Code § 2:7-6; Ord. No. 724-2015]
The Division Heads within the Department of Administration shall
be appointed by the Business Administrator except where otherwise
provided by law.
[2000 Code §§ 2:8-1 — 2:8-5;
Ord. No. 733-2016; Ord. No. 767-2018 § 1]
Editor's Note: Department of Law transferred to the Office of
Legal Counsel by Ordinance No. 767-2018.
[Ord. No. 767-2018 § 2]
There is hereby created the Office of Legal Counsel within the
Department of Administration.
[Ord. No. 767-2018 § 2]
a.
The Office of Legal Counsel shall consist of the following appointees:
1.
Borough Solicitor.
2.
Labor Attorney.
3.
Bond Counsel.
4.
Special Environmental Counsel.
5.
Tax Appeal Counsel.
6.
Municipal Prosecutor.
7.
Legislative Counsel.
8.
Special Litigation Counsel.
9.
Such other attorneys/law firms shall be appointed as needed and circumstances
warrant (subject to the approval of Mayor and Borough Council).
10.
Independent Hearing Officer.
11.
Special Conflicts Counsel in the event of recusal by any of the above
appointees.
[Ord. No. 767-2018 § 2]
[2000 Code § 2:8-2; 2013 Code § 2-7.2; Ord. No. 767-2018 § 2]
The Borough Solicitor shall be a licensed New Jersey attorney
and qualified by training and experience with a minimum of three years
experience as a practicing attorney.
[2000 Code § 2:8-3; 2013 Code § 2-7.3; Ord. No. 733-2016; Ord.
No. 767-2018 § 2]
The Borough Solicitor or Borough Attorney and sometimes referred
to as the Municipal Attorney shall perform the following duties and
functions:
a.
Provide legal advice to the Mayor, department heads and members of
Council of the Borough in all matters of law when so requested.
b.
Represent the Borough in all judicial and administrative proceedings
in which the Borough or any of its officers or agencies may be a party
or have an interest therein, except as otherwise provided in this
Code.
c.
Give legal counsel and advice when required by the Mayor, except
as otherwise provided by this Code.
d.
Conduct appeals from orders, decisions or judgments, affecting any
interest of the Borough as may be deemed necessary and desirable,
subject to the approval of the Council.
e.
Enter into any agreement, compromise or settlement of any litigation
in which the Borough is involved, subject to the approval of the Council.
f.
Render opinions, in writing, upon any question of law submitted to
him/her by the Council, Mayor and Business Administrator.
g.
Maintain a record of all actions, lawsuits, proceedings and matters
which relate to the Borough's interest and report thereon as the Mayor
and Council may require.
h.
Review and approve contracts, deeds, documents and instruments prior
to the execution thereof by or on behalf of the Borough.
i.
(Reserved)
[Deleted by Ord. No. 733-2016]
j.
Make recommendations to the Mayor and Council whenever, in his/her
judgment, it is necessary to do so.
k.
Draft or approve ordinances where requested by the Mayor or Council.
l.
Assist, when requested, in negotiating contracts on behalf of the
Borough.
m.
(Reserved)
[Deleted by Ord. No. 767-2018]
n.
Serve as Legislative Counsel should the Borough Attorney be so appointed.
[2000 Code § 2:8-4; 2013 Code § 2-7.4; Ord. No. 767-2018 § 2]
In the event that a conflict or dispute should arise between
the Mayor and the Council which is of such a nature that independent
advice of counsel to either the Mayor or Council, or both, is required,
then either the Mayor or the Council, or both, shall be permitted
to select independent counsel to represent each. Payment of counsel
shall be made by the Borough consistent with the rate schedule contained
in the contract of the Borough Solicitor.
[2000 Code § 2:8-5; 2013 Code § 2-7.5; Ord. No. 767-2018 § 2]
All papers, documents, memorandums, reports and other materials
relating to the administration of the former Department of Law (now
Office of Legal Counsel) shall be and remain the property of the Borough.
Upon termination of his service with the Borough, the Borough Solicitor
and each and every other attorney or law firm appointed by this section
shall forthwith surrender to his/her/its successor all such property,
together with a written consent to substitution of any successor in
all legal actions and proceedings then pending to which the Borough
is a party. However, the Mayor, with the advice and consent of the
Council, may permit the former Borough Solicitor to remain as attorney
of record to represent the Borough in those matters to which the Mayor
believes the best interests of the Borough will be served by retaining
the former Attorney.
[Ord. No. 767-2018 § 2]
[2000 Code § 2:9-1; New]
There may be a Legislative Counsel appointed, for a term of
one year. Legislative Counsel appointments shall be made by resolution
of the Council. The Legislative Counsel shall be an Attorney-at-Law
of the State of New Jersey and qualified by training and experience
and possessing a minimum of three (3) years experience as a practicing
attorney.
[2000 Code § 2:9-2]
The Legislative Counsel shall perform the following duties:
a.
Attend all regular and special meetings of the Council.
b.
Prepare ordinances and resolutions for any member of Council when
and as requested by members of Council.
c.
Render legal opinions, in writing, upon any question of law submitted
to him by Council or the Borough Clerk.
d.
Give legal advice to Council or the Borough Clerk when requested.
e.
Represent Council in litigation where the interest of the Mayor and
Council are not identical or when so requested by the Mayor or Council.
f.
Perform such other or additional duties as may, from time to time,
be assigned by the Council.
g.
Serve as Borough Attorney should he be so appointed.
See also Chapter 2, Article 6, Public Safety Divisions and Assignments.
[2000 Code § 2:10-1]
The Department of Public Safety shall be headed by the Director
of Public Safety.
[2000 Code § 2:10-2; Ord. No. 724-2015]
a.
Qualifications. The Director of Public Safety shall be qualified
by training and experience of at least five years in police and public
safety administration and management, which may be inclusive of experience
in the field or Emergency Management at either the state, county or
municipal level in this or any other state. The Director of Public
Safety may be the Chief of Police. The Director of Public Safety may
also be the Mayor with the advice and consent of the Borough Council
and provided that the Mayor possesses the requisite qualifications.
b.
Duties. The Director of Public Safety shall be the supervisor of
all Divisions created in the Department. He shall prescribe and enforce
rules and regulations designated to maximize and ensure the public
safety. Whenever the Director is an individual other than the Mayor,
the Director shall serve as liaison on behalf of the Mayor to each
Division and shall perform such other duties as the Mayor may prescribe.
[Ord. No. 742-2016 § 1]
a.
Appointment and Term.
1.
The Assistant Director of Public Safety shall be appointed by the
Mayor. Such appointment shall be made by Executive Order of the Mayor
and subject to departmental budgetary appropriation. The Assistant
Director of Public Safety may reside outside the Borough at the time
of appointment and during the term of appointment.
2.
The Assistant Director of Public Safety shall serve during the term
of the Mayor appointing him/her and until the appointment and qualification
of a successor.
b.
Qualifications.
The Assistant Director of Public Safety shall have the following
qualifications:
1.
She/he shall have a minimum of six years of supervisory public safety
experience involving the protection of persons, safeguarding of property,
knowledge of the law and apprehension of law breakers, and related
experience; and shall possess a valid New Jersey Driver's License
in addition to the following:
(a)
Knowledge of methods likely to be useful in providing citizens
and others with public safety information, service, and protection;
(b)
Knowledge of the preparation of Department budgets; knowledge
of the purchase of equipment, materials, and supplies.
(c)
Ability to analyze and interpret laws, ordinances, rules, regulations,
standards, and procedures, and to apply them to specific situations
and cases;
(d)
Ability to organize work in such a manner as to provide needed
services and protection;
(e)
Ability to formulate rules and regulations;
(f)
Ability to give assignments and instructions to individuals
and groups, provide them with needed advice and assistance when difficult
and unusual problems arise, and check their work to see that proper
procedures are followed, that reasonable standards of workmanship,
conduct, and output are maintained, and that desired objectives are
achieved;
(g)
Ability to see that members of the Department treat citizens
and others with uniform courtesy and consideration and provide them
with proper information and services.
(h)
Ability to take and maintain a firm and correct stand when controversies
and differences of opinion arise.
(i)
Ability to prepare and supervise the preparation of clear, sound,
accurate, and informative reports.
(j)
Ability to direct the establishment and maintenance of public
safety records and files.
(k)
Ability to utilize various types of electronic and/or manual
recording and information systems used by the agency, office, or related
units.
(l)
Ability to cooperate with and coordinate with other municipal
departments in all matters pertaining to the public health, safety
and welfare in order that proper operational procedures are followed
and that desired municipal objectives are achieved.
c.
Duties.
The Assistant Director of Public Safety shall:
1.
Assist the Director of Public Safety in the administration of departmental
affairs, and in integrating and coordinating activities of the Department
with other departments of municipal government;
2.
Assist the Director of Public Safety in the preparation and review
of the Department budget.
3.
Act for and in place of the Director of Public Safety in his absence
and perform such other functions, powers, and duties as may be assigned
as herein provided.
4.
Assist the Director of Public Safety in advising the Borough Council
on matters of policy.
5.
Assist the Director of Public Safety on issues of personnel and administrative
organization.
6.
Prepare comprehensive reports for the Mayor, Borough Council and
Business Administrator when requested or required to do so.
7.
Supervise or assist in the establishment and maintenance of suitable
records and files as requested or required to do so.
8.
Perform such additional duties as directed by the Mayor / Director
of Public Safety Borough Council or Business Administrator.
[2000 Code § 2:10-3; New; Ord.
No. 742-2016 § 1]
The Department of Public Safety shall consist of the following
divisions:
a.
Division of Police which shall be directed by the Chief of Police
who shall be the Division Head.
b.
Division of Beach Patrol which shall be directed by the Chief of
Beach Patrol who shall be the Division Head.
[Amended 3-24-2021 by Ord. No. 818-2021]
c.
Division of Emergency Management Services which shall be directed
by the Chief of Emergency Management Services who shall be the Division
Head.
d.
Division of Rescue Squad — Emergency Medical Services which
shall be directed by the Chief of Police who shall be the Division
Head.
[2000 Code §§ 2:10-4, 2:10-5; New; Ord. No. 742-2016]
a.
The Division of Police shall perform the following functions:
1.
Provide all aspects of police protection, including the maintenance
of peace and order within the jurisdictional limits of the Borough
and in the suppression and eradication of crime therein.
2.
Regulate vehicle and pedestrian traffic.
3.
Direct and supervise school-crossing duties and any school-crossing
guards, should any be appointed.
4.
Supervise animal control activities.
5.
Remove nuisances from the streets and other public places.
6.
Maintain civil defense and disaster control facilities in conjunction
with the Emergency Management Coordinator.
7.
Operate a centralized radio communication system.
8.
Supervise and direct the Marine Unit.
9.
(Reserved)
10.
Perform such other and additional duties as may be imposed by the
laws of the State of New Jersey or the ordinances of the Borough.
b.
The Division of Beach Patrol shall perform all appropriate functions
associated with:
1.
Maintaining a safe beach.
2.
Supervising the use of the beach consistent with Borough ordinances.
3.
Maintaining a competent and diligent lifeguard force for the beach.
4.
Providing for the safety of bathers using the beach.
5.
Enforcing all laws or ordinances pertaining to the use of the beach
where such enforcement authority has been authorized by ordinance
and in accordance with the policies and procedures governing the Beach
Patrol as contained in the "Avalon Beach Patrol Operating Procedures
and Training Program."
[Ord. No. 742-2016]
c.
The Division of Emergency Management Services shall perform functions
appropriate to the Division.
[2000 Code §§ 2:11-1 through 2:11-7; amended 1-13-2021 by Ord. No. 814-2021]
The Department of Public Works and Public Utilities shall be
headed by the Director of Public Works and Public Utilities ("DPWU").
a.
Qualifications.
1.
The Director of the Department of Public Works and Public Utilities
(DPWU) shall have a minimum of five years of management and supervisory
experience, and preferably in the public sector, and shall have the
ability to manage and administer all aspects of the various functions
of the DPWU. In addition, the Director shall have and possess such
other experience and qualifications as set forth in the Borough's
job description for this position as that may be amended and supplemented
from time to time.
2.
The Director of Public Works and Public Utilities may hold and possess
a certification as a Certified Public Works Manager ("CPWM" or "certification")
but such certification is not a requirement for appointment provided
that at least one other employee of the DPWU holding a supervisory
position holds such certification.
3.
While the Director is not required to possess a CPWM certification,
it is nonetheless desirable that the Director pursue the requirements
to obtain such certification in a timely manner.
b.
Duties. The Director of the DPWU is responsible for oversight of
all aspects of the DPWU including overseeing all administrative, supervisory,
and operational functions of the Department including, but not limited
to, the following:
1.
The supervision and oversight of all subordinate coordinators, division
heads, foremen, and all subordinate employees.
2.
Oversee and monitor performance by all third-party contractors performing
service for the Borough in any and all matters pertaining to the DPWU
and its functions.
3.
Supervise all budgetary and financial management tasks of the DPWU
including submitting annual budget requests, in consultation with
other management personnel, for the operation of the Department and,
upon approval of the budget, to monitor expenditures and purchases
within the DPWU to comply with established budgetary appropriations
and authorizations and, in this regard, to work closely with the Borough's
Chief Financial Officer; to approve all purchase orders issued by
the DPWU and require same to be processed in accordance with Borough
procedures;
4.
Recommend and participate in the development of the Borough's Capital
Budget for Public Works Projects;
5.
Management of all human resources aspects of the DPWU including recommendations
to the Business Administrator/Personnel Officer as to the hiring,
promotion, transfer and dismissal of Department personnel and the
periodic and timely completion of all departmental employee performance
reviews; providing documentation on a current basis for the timely
and current update of employee personnel files; and the approval of
weekly payroll, including overtime, and the approval of vacations,
approved leaves, time off, and other similar issues;
6.
The imposition of minor discipline when appropriate;
7.
Make recommendation to the Business Administrator and the Mayor concerning
the imposition of any major discipline that is deemed necessary;
8.
Recommend projects that are routine in nature as well as capital
projects; and recommendations for dealing with unanticipated or emergent
situations caused by weather events and otherwise; and attend and
provide input at all meetings pertaining to planning for Borough projects.
9.
Develop policies and procedures for the internal operation of the
DPWU.
10.
Perform all duties required of all Department Directors as specified in Avalon Borough Code § 2-4.3c as well as other ordinances of the Borough and as required by general law.
11.
The performance of such further and additional duties as the Mayor
shall direct including those additional duties and responsibilities,
if any, as described in the job description approved by Borough Council
as the same may be amended and supplemented from time to time.
This position and job title are hereby abolished pursuant to
Ordinance 814-2021.
a.
Appointment. There is hereby authorized an Administrative Coordinator
for the Borough Department of Public Works and Utilities (DPWU). This
Coordinator shall be appointed by the Mayor who shall also determine
the salary.
b.
Qualifications
1.
The Administrative Coordinator shall have a minimum of five years
of Public Works management/supervisory experience and shall possess,
at the time of appointment, a certification as a New Jersey Certified
Public Works Manager and must continue to maintain such certification
as a condition of continued employment. The failure to maintain such
certification, or the loss of such certification, for whatever reason,
shall be cause for termination by the Borough.
2.
The Administrative Coordinator shall also possess a current valid
New Jersey Driver's License and a New Jersey CDL License.
3.
In addition, the Administrative Coordinator shall have and possess
such other experience and qualifications as described in the job description
approved by Borough Council as the same may be amended and supplemented
from time to time.
c.
Duties. The Administrative Coordinator will, under the direction
of the Director of DPWU:
1.
Oversee the day-to-day supervision and direction of various administrative
functions of the Department;
2.
Provide input on all spending/budgets of the Department to the Director;
manage some internal operations of the Department including the timely
processing of purchase orders and vouchers;
3.
Ensure that all operational hours of Public Works facilities are
satisfied to the Director's directed schedule;
4.
Provide input and participate in meetings with various professionals
regarding various Department-related contracts and special activities;
5.
Attend seminars and meetings; meet with citizens and follow up on
complaints and work orders; provide oversight for the operations of
the Department;
6.
Review payroll and provide timely guidance and clarifications to
the Director regarding various overtime, time accrued, and time used
for the Director's review and potential approval; report any reported
or observed human resource-related issues or violations immediately
to the Director; and
7.
Perform such further and additional duties as the Director of DPWU
shall direct including those additional duties and responsibilities,
if any, as described in the job description approved by Borough Council
as the same may be amended and supplemented from time to time.
a.
Appointment. There is hereby authorized an Operations Coordinator
for the Borough Department of Public Works and Utilities (DPWU). This
Coordinator shall be appointed by the Mayor who shall also determine
the salary.
b.
Qualifications.
1.
The Operations Coordinator shall have a minimum of five years of
Public Works management/supervisory experience and shall possess,
at the time of appointment; a certification as a New Jersey Certified
Public Works Manager and must continue to maintain such certification
as a condition of continued employment. The failure to maintain such
certification, or the loss of such certification, for whatever reason,
shall be cause for termination by the Borough.
2.
The Operations Coordinator shall also possess a current valid New
Jersey Driver's License and a New Jersey CDL License.
3.
In addition, the Operations Coordinator shall have and possess such
other experience and qualifications as described in the job description
approved by Borough Council as the same may be amended and supplemented
from time to time.
c.
Duties. The Operations Coordinator will, under the direction of the
Director of DPWU:
1.
Oversee the training of employees in the Department of Public Works;
2.
Manage the day-to-day field operations of the Department;
3.
Provide input on all spending/budgets of the Department to the Director;
4.
Inspect the construction of all public works projects and assigned
Borough-owned equipment, ensuring assigned personnel are performing
their tasks;
5.
Attend seminars and meetings;
6.
Meet with citizens and follow up on complaints and work orders;
7.
Provide oversight for contractor operations; report any reported
or observed human-resource-related issues or violations immediately
to the Director;
8.
In consultation with the Director, coordinate all public works projects,
and the scheduling and completion thereof; and
9.
Perform such further and additional duties as the Director of DPWU
shall direct including those additional duties and responsibilities,
if any, as described in the job description approved by Borough Council
as the same may be amended and supplemented from time to time.
The Department of Public Works and Utilities (DPWU) shall have
at least one individual within the managerial ranks who holds and
possesses the certification of New Jersey Certified Public Works Manager
or its state-approved equivalent. Such certification shall be held
at all times by one or more of those individuals designated as either
Director, Administrative Coordinator, or Operations Coordinator.
The Department of Public Works and Public Utilities shall consist
of the following divisions:
[Amended 2-8-2023 by Ord. No. 855-2023]
Each Division of the Department shall have such supervisory
and other personnel as may be deemed necessary by the Director, subject
to the approval of, and appointment by, the Mayor, and such personnel
shall perform such duties as may be prescribed by the Director. Without
limiting the generality of the foregoing, other personnel may include
any or all of the following (NOTE: An approved plan of reorganization
for various departments, dated November 1, 2022, and approved by Borough
Council on December 14, 2022, pursuant to Resolution No. 228-2022,
and scheduled to become effective on or after January 1, 2023, and
subject to the adoption of required ordinance, included the Department
of Public Works and Utilities.):
a.
Supervisor
of Public Works.
b.
Working
foreman for each of the Divisions within the Department.
c.
Various
classes of mechanics (Classes 1 through 3) and senior mechanic.
d.
Various
classes of streets and roads workers (Classes 1 through 3) and senior
streets and roads worker.
e.
Various
classes of property maintenance workers (Classes 1 through 3) and
senior property maintenance worker.
f.
Various
classes of laborers (Classes 1 through 3).
The Department of Public Works and Public Utilities shall perform
all appropriate functions associated with:
a.
Maintaining, constructing and reconstructing streets and drainage
facilities.
b.
Maintaining public buildings, marinas, boardwalk, grounds, including
parks, recreation areas and gardens and shade trees, beaches and beach
paths.
c.
Maintaining motorized equipment.
d.
Installing, repairing and maintaining traffic signals, signs, electronic
equipment and street lights.
e.
Supervising animal disposal activities.
f.
Supervising solid waste collection, disposal and recycling.
g.
Supervising snow removal.
h.
Maintaining warehouse and warehouse inventory.
i.
Maintaining and operating a sanitary sewer collection system.
j.
Maintaining and operating a water treatment system.
k.
Maintaining and operating a water distribution system.
l.
Supervising the activities of any private contractor or contractors
who are designated by the Borough to perform any of the functions
that would otherwise be associated with the Department.
m.
Such other duties as the Mayor may prescribe or which Borough Council
may, by ordinance or resolution, direct.
[2000 Code § 2:12-1; New]
a.
Established. The Department of Revenue and Finance shall be headed
by the Director of Revenue and Finance.
b.
Qualifications. The Director of Revenue and Finance shall have previous
municipal experience in an executive capacity dealing with finance
and revenues. The Director shall be certified as a Municipal Finance
Officer. The Director may also serve as the Chief Financial Officer
of the Borough provided, however, that in the event the Director is
also the Chief Financial Officer, the Director may acquire tenure
only in the position of Chief Financial Officer and may not acquire
tenure in the position of Director of Revenue and Finance.
c.
Duties. The Director of the Department of Revenue and Finance, subject
to the direction and supervision of the Mayor, shall:
1.
Account for and pre-audit and control all Borough revenues and expenditures.
2.
Install and enforce a uniform system of accounts, including forms,
standards and procedures, for the use of agencies expending Borough
funds.
3.
Be responsible for the collection and payment of all payroll deductions.
4.
Be responsible for the safety and investment of Borough funds, the
management of the Borough debt, the development of financial policies
for recommendation to the Mayor and Council and the safeguarding of
the Borough's financial interest to the fullest extent.
5.
Have custody of all investments and invested funds of the Borough
or in its possession in a fiduciary capacity, except as otherwise
provided by law, and have the safekeeping of all bonds and notes for
transfer, registration or exchange, and invest and deposit all moneys
not required for current operation in interest bearing accounts.
6.
Be responsible for implementing the provisions of the section of
the Administrative Code pertaining to the payment of claims and payroll.
7.
Be responsible for supervising and directing the activities of the
Chief Financial Officer in implementing the provisions of the Administrative
Code pertaining to the Cash Management Plan.
[2000 Code § 2:12-2; New]
The Department of Revenue and Finance shall consist of the following
divisions:
[2000 Code § 2:12-3]
In addition to the other appointees, there shall be a Chief
Financial Officer who shall be licensed by the State of New Jersey.
The Chief Financial Officer may acquire tenure in such position. Nothing
contained herein shall prevent the Chief Financial Officer from also
serving as the Director of Revenue and Finance but the Chief Financial
Officer shall not acquire tenure in the position of Director of Revenue
and Finance.
[2000 Code § 2:12-4]
a.
Division Head. The Director shall appoint a Division Head who shall
possess a certification as a Municipal Finance Officer.
b.
Functions of Division. The Division of Accounts and Control shall
perform the following functions under the direction and supervision
of the Director of Revenue and Finance:
1.
Maintain and operate the Borough's central bookkeeping and records
according to sound accounting principles and in accordance with the
requirements of the Director of the State Division of Local Government
Service.
2.
Audit all receipts and disbursements of the Borough government and
of each of its Departments and pre-audit all bills, claims and demands
against the Borough, including payrolls, and require each department
head to certify that any materials, supplies and equipment have been
received and accepted as specified and that the services have been
duly rendered.
3.
Control all expenditures to assure that budget appropriations are
not exceeded and maintain such books and records as may be required
for the proper exercise of such budgetary control, and to assure adherence
to the system established by this Administrative Code for the payment
of vouchers, claims and warrants; and establishing the procedures
to be following in the payment of claims against the Borough.
4.
Review each proposed expenditure and commitment under an encumbrance
system to be made on behalf of any Department in conformity with State
law, the Charter and the ordinances of the Borough and authorize only
such expenditures and commitments as conform to all of the requirements
of the Administrative Code.
5.
Install, operate and maintain a central payroll system and all Social
Security, pension and insurance records for personnel of all departments.
6.
Supervise, administer and audit the collection of all revenues, except
tax and utility collections, within the Borough.
7.
Submit a monthly report to the Mayor and Council of revenues, expenditures,
including payroll expenditures, cash balances and investments held,
including, in the case of cash balances and investments, the name
of the depositories, type of account or investment, date of maturity,
interest rate and location of investments held for safe-keeping.
8.
Report to the Mayor and Council any defaults, delinquencies or official
misconduct on the part of any officer or employee of the Borough.
9.
Audit and examine the accounts of any officer or employee who by
law is or may be authorized to receive or disburse any funds of the
Borough upon the death, resignation, removal or expiration of the
term of office of such officer or employee and report the condition
of such office to the Mayor and Council.
10.
Administer the procedures dealing with purchasing and the payment
of claims as established by this Administrative Code.
11.
Maintain and operate one or more payroll accounts.
[2000 Code § 2:12-5; amended 11-16-2020 by Ord. No. 811-2020]
a.
Division Head; Tax Assessor. The Tax Assessor shall be the head of
the Division of Tax Assessment.
b.
Appointment; Term; Certification. The Tax Assessor shall be appointed
by the Mayor with the advice and consent of Borough Council. The Tax
Assessor shall hold office for a term of four years from the first
day of July next following his/her appointment. Vacancies other than
due to expiration of term shall be filled by appointment for the unexpired
term. The Tax Assessor shall hold a Tax Assessor's Certificate provided
for in N.J.S.A. 54:1-35.25 as the same may be amended and supplemented.
c.
Qualifications. The Tax Assessor must possess all of the educational
and other qualifications and attributes established by the State of
New Jersey as a prerequisite for being issued a Certified Tax Assessor
Certificate (CTA).
d.
Assistant Division Head; Deputy Tax Assessor. The Deputy Tax Assessor
shall be the assistant head of the Division of Tax Assessment.
e.
Appointment; Term; Certification. The Deputy Tax Assessor shall be
appointed by the Mayor with the advice and consent of Council for
a term of four years from the first day of July next following his/her
appointment. Vacancies other than due to expiration of term shall
be filled by appointment for the unexpired term in accordance with
N.J.S.A. 40A:9-148.
f.
Qualifications of Deputy Tax Assessor. The Deputy Tax Assessor must
possess all of the educational and other qualifications and attributes
as the Certified Tax Assessor as established by the State of New Jersey
as a prerequisite for being issued a Certified Tax Assessor Certificate
(CTA).
g.
Duties of Deputy Tax Assessor. The Deputy Tax Assessor shall act
under the direct supervision of and assist the Tax Assessor as required
by law (N.J.S.A. 40A:9-148.1) and shall assist the Tax Assessor in
the administration and functioning of the Division and shall perform
all the duties of the Tax Assessor to the extent that such duties
may be assigned by the Tax Assessor together with such additional
duties that may be assigned by the Director of Revenue and Finance,
the Tax Assessor or the Mayor or Borough Council. In the absence of
the Tax Assessor (Division Head) the Deputy shall perform and discharge
all of the duties and responsibilities of the Tax Assessor.
h.
Functions of the Division of Tax Assessment. The Division of Tax
Assessment shall perform the following functions under the direction
and supervision of the Tax Assessor:
1.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted for the purpose of general taxation.
2.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of the Division of Engineering and other Divisions and Departments
as may be required.
3.
Perform such further and additional duties as required under the
laws of the State of New Jersey and the Rules and Regulations of the
Department of Community Affairs, Division of Local Government Services
and the laws of the Borough.
[2000 Code § 2:12-6; amended 11-16-2020 by Ord. No. 811-2020]
a.
Division Head; Tax Collector. The Tax Collector shall be head of
the Division of Revenue and Tax and Utility Collections.
b.
Appointment; Term; Certification. The Tax Collector shall be appointed
by the Mayor with the advice and consent of Council. The Tax Collector
shall hold office for a term of four years from the first day of January
next following his/her appointment. Vacancies other than due to expiration
of term shall be filled by appointment for the unexpired term. The
Tax Collector shall hold a valid certification as tax collector issued
by the State of New Jersey at the time of appointment. The Tax Collector
shall also be designated as the Collector of Utility Payments.
c.
Qualifications. The Tax Collector must possess all of the educational
and other qualifications and attributes established by the State of
New Jersey as a prerequisite for being issued a Certified Tax Collector
Certificate (CTC).
d.
Duties of Certified Tax Collector (CTC).
1.
The Tax Collector shall carry out the duties set forth below, along
with such other duties as are required by law:
(a)
With respect to billing, the Tax Collector shall be responsible
for:
(1)
Ascertaining the amount of taxes due from each taxpayer and
informing each taxpayer of this fact;
(2)
Understanding the process by which taxes are determined;
(3)
Cooperating with the Municipal Tax Assessor, the County Board
of Taxation, and other financial authorities;
(4)
Designing and implementing an efficient method of issuing bills;
and
(5)
Having a working knowledge of property tax exemptions, abatements,
and deductions, along with electronic data processing of tax rolls
and tax billing.
(b)
With respect to the collection of monies, the Tax Collector
shall be responsible for:
(c)
With respect to enforcement, the Tax Collector shall be responsible
for initiating and carrying out procedures for enforcing the timely
payment of taxes by the taxpayers, including but not limited to the
application of interest on delinquent accounts, tax liens, and tax
sales. The Tax Collector shall also assist in the foreclosure of municipally
held tax sale certificates.
(d)
As appropriate to the form of government, the Tax Collector
shall be responsible for providing the governing body and appropriate
municipal officials with regular reports on the activities of his
or her office including, but not limited to, billings, adjustments,
collections, and balances.
(e)
The Tax Collector shall ensure compliance with all statutes,
rules, regulations, and directives pertaining to municipal tax collection.
2.
The Tax Collector may be assigned certain secondary duties that are
not specifically prohibited by law such as, but not limited to, tax
search officer, collector of utility accounts, municipal treasurer,
and treasurer of school monies and, in addition, perform such further
and additional duties as required under the laws of the State of New
Jersey and the Rules and Regulations of the Department of Community
Affairs, Division of Local Government Services and the laws of the
Borough.
Source: New Jersey Department Of Community Affairs - Duties
and Qualifications of Tax Collector.
e.
Assistant Division Head; Deputy Tax Collector. The Deputy Tax Collector
shall be the assistant head of the Division of Revenue and Tax and
Utility Collections.
f.
Appointment; Term; Certification.
1.
The Deputy Tax Collector shall be appointed by the Mayor with the
advice and consent of Council for a term of three years from the date
of appointment. Vacancies in the position shall be filled for the
full term. The Deputy Tax Collector shall be, at the time of appointment,
certified by the State of New Jersey as a Certified Tax Collector.
2.
The Deputy Tax Collector may also be designated as the Deputy Collector
of Utility Payments if so appointed by the Mayor.
g.
Qualifications. The Deputy Tax Collector must possess all of the
educational and other qualifications and attributes as the Certified
Tax Collector as established by the State of New Jersey as a prerequisite
for being issued a Certified Tax Collector Certificate (CTC).
h.
Duties of Deputy Tax Collector.
1.
The Deputy Tax Collector shall assist the Tax Collector in the administration
and functioning of the Division and shall perform all the duties of
the Tax Collector to the extent that such duties may be assigned by
the Tax Collector together with such additional duties that may be
assigned by the Director of Revenue and Finance, the Tax Collector
or the Mayor or Borough Council.
2.
In the absence of the Tax Collector (Division Head) the Deputy shall
perform and discharge all of the duties and responsibilities of the
Tax Collector.
i.
Functions of Division. The Division of Revenue and Tax and Utility Collections shall perform, in addition to the duties set forth in Subsection d hereof, the following functions:
1.
Receive and collect all monies assessed or raised by taxation or
assessment and other municipal charges, including collecting of all
water and sewer utility payments.
2.
Keep proper records and report to the Director at least once a month
on all receipts and deposits made by him.
3.
Account for all moneys for which he is responsible.
4.
Keep a current record of all tax title liens and advise the Director
when such liens become subject to foreclosure under the law.
5.
Enforce the payment of delinquent taxes by the means provided by
law as soon as they become delinquent.
6.
Perform such other duties as are prescribed by law and municipal
ordinance.
7.
Be responsible for all tax searches required to be furnished relating
to the property taxes and other municipal charges or liens of the
Borough.
j.
Office
of Utility Collections. [NOTE: This position was created in a plan
of reorganization for various departments (including the Office of
the Tax Collector) dated November 1, 2022, and approved by Borough
Council on December 14, 2022, pursuant to Resolution No. 228-2022,
and scheduled to become effective on or after January 1, 2023, and
subject to the adoption of required ordinance.]
[Added 2-8-2023 by Ord. No. 855-2023]
1.
There is hereby created within the Division of Revenue and Tax Collections
the Office of Utility Collections, which shall be managed by the Collector
of Utility Payments.
2.
The Collector of Utility Payments shall be appointed by the Mayor
at an annual compensation as may be determined. The individual appointed
to this position shall not have a fixed term of office but shall service
during periods of good behavior and efficiency.
3.
The Certified Tax Collector (CTC) may be appointed as Collector of
Utility Payments in addition to and concurrent with the usual duties
and responsibilities as CTC, but the duties of Collector of Utility
Payments shall remain separate and apart from the duties as CTC. In
the event the CTC is appointed to the position of Collector of Utility
Payments, the CTC shall not acquire tenure in such position.
4.
The Collector of Utility Payments shall:
(a)
Perform the functions associated with the billing and collection
of all water and sewer charges and payments and enforce collection
of all delinquent charges in the manner provided by law, including
the municipal lien law.
(b)
Perform, to the extent applicable, those duties specified in
the subsection entitled "Functions of Division."
(c)
Perform such further and additional duties as may be prescribed
in the job description for such position as approved by the Borough
Administration or as specified in the ordinances and Code of the Borough
now in effect or hereafter adopted.
5.
Other personnel. Unless otherwise provided, all other personnel in
the Division of Revenue and Tax Collections under the Collector of
Utility Payments shall be assigned to work and divide their work hours
between the function of tax collections and utility collections.
[2000 Code § 2:12-7]
a.
Appointment. The Director of Revenue and Finance shall be appointed
by the Mayor with the advice and consent of the Borough Council. Unless
tenured, the Chief Financial Officer shall be subject to the same
appointment provisions as a Director of Revenue and Finance.
b.
Functions of the Division. The Office of the Director of Revenue
and Finance shall perform the following function:
1.
Perform those functions assigned to the Chief Financial Officer by
general law or Borough ordinance except where those functions have
been specifically assigned to another person or agency pursuant to
this Administrative Code.
2.
Perform all duties established by this Administrative Code pertaining
to purchasing and payment of claims; payroll and the Cash Management
Plan.
3.
Obtain a minimum of three (3) quotations before investing funds in
commercial banks, savings banks, savings and loans, or other similar
institutions and invest at the institution offering the highest effective
rate.
4.
Determine which type of legal investment will best serve the needs
of the Borough and to place the funds in any such legal investment,
unless otherwise instructed by the governing body.
5.
Report monthly all investment transactions as required by N.J.S.A.
40A:5-14 to the Mayor and Council.
[Added 4-26-2023 by Ord.
No. 859-2023]
Municipal office areas in Avalon Borough Hall, 3100 Dune Drive
and at the Avalon Department of Public Works, 1401 Dune Drive, which
have been determined by the Business Administrator to contain records
and documents that include confidential information have been secured
and such offices are not open to the public for the purpose of protecting
documents, digital data and other written, copied and printed materials
that are not subject to the Open Public Records Act, N.J.S.A. 47:1A-1,
et seq., which may include, but are not limited to, personally identifiable
information that is protected by the Statutes of the State of New
Jersey and the Federal laws of the United States.
[Added 4-26-2023 by Ord.
No. 859-2023]
The Borough of Avalon shall be required to post signs outside of offices which have been designated as restricted access consistent with the intent of subsection 2-12.1 of this Chapter. The signs shall state "Authorized Personnel Only."
[Added 4-26-2023 by Ord.
No. 859-2023]
Persons that trespass into these posted, restricted and protected
areas may be subject to prosecution may be subject to prosecution
under N.J.S.A. 2C:18-3.
