Egg Harbor City, NJ
Atlantic County
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Table of Contents
Table of Contents
[Adopted 3-25-2010 by Ord. No. 7-2010[1]]
Editor's Note: This ordinance also repealed Ord. No. 9-2007, adopted 6-28-2007, except that § 213-6G (redesignated as § 213-6H by Ord. No. 4-2012), regarding PM-107.6, Occupancy Transfer Certificate, was retained. Also retained were § 213-5.1, Bushes, trees, plants and bamboo, added 7-16-2009 by Ord. No. 12-2009, and § 213-8, Violations and penalties.
[Amended 1-26-2012 by Ord. No. 4-2012; 9-8-2016 by Ord. No. 12-2016]
A certain document, three copies of which are on file in the office of the Egg Harbor Clerk of the City of Egg Harbor, being marked and designated as the "International Property Maintenance Code," most recent edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Egg Harbor, in the State of New Jersey, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuances of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Egg Harbor City Clerk in the City of Egg Harbor are hereby referred to, adopted and made a part hereof, as if fully set out in this article, with the additions, insertions, deletions and changes, if any, prescribed in § 213-6 of this article.
Bushes, trees, and plants. The homeowner is responsible for any bush, tree, or plant growth that may intrude into the neighbor's property or harm and destroy the neighbor's structures or site improvements. Code Enforcement may require complete or partial removal of those bushes, trees, or any other plant growth by the homeowner if the intrusion recurs or harm/destruction occurs.
Bamboo. For existing or new bamboo plantings, the homeowner is responsible for growth that may intrude into the neighbor's property or harm or destroy the neighbor's structures or site improvements. Code Enforcement may require complete or partial removal of all bamboo stands if the intrusion recurs or harm/destruction occurs.
[Amended 1-26-2012 by Ord. No. 4-2012; 6-11-2015 by Ord. No. 8-2015]
Section 101.1: City of Egg Harbor.
Section 103.5: Existing fees to remain in effect.
Section 112.4: (not less than $100 to not more than $1,000).
Section 302.4: 10 inches.
Section 304.14: May 15 to October 15.
Section 602.3: October 1 to May 1.
Section 602.4: October 1 to May 1.
Section PM-107.6, Occupancy Transfer Certificate, is hereby added as follows:
[Amended 9-12-2013 by Ord. No. 13-2013; 6-11-2015 by Ord. No. 8-2015]
PM-107.6 Occupancy Transfer Certificate: Responsibilities of property owners or leaseholders or their agents and prospective occupants shall be as follows:
No owner or leaseholder or his agent shall rent, sell, transfer, grant, lease, let, mortgage with right of occupancy or otherwise dispose of the ownership or occupancy, whether or not for a consideration and whether such disposal of ownership or occupancy is temporary or permanent, of any dwelling unit, hotel, motel, rooming house, rooming unit, boardinghouse or other premises on which a building, whether residential, or nonresidential in character, is located and used for human occupancy, unless an occupancy transfer certificate, certifying that the building and premises are in compliance with the Code and all other ordinances of the City of Egg Harbor City, shall first be obtained from the Code Enforcement Officer of the City.
A nonrefundable inspection fee of $75 for each dwelling unit shall be paid to the City of Egg Harbor at the time of application for such occupancy transfer certificate. Applications forms and certificates will be available through the Code Enforcement Office. All fees outlined in this section cover the cost of the initial inspection and one follow-up inspection. In the event more than on follow-up inspection is needed, there shall be an additional charge of $25 for each additional inspection.
Where pre-occupation inspections are required to be performed by other officers or agencies, the findings of which are acceptable to meet the requirements of this code, the occupancy transfer certificate shall be issued free of charge by the Code Enforcement Officer upon presentation of such documents.
The Code Enforcement Officer of the City of Egg Harbor City shall inspect and verify the working conditions and safety of the following prior to the issuance of any occupancy:
Transfer inspection: cleanliness, walls and ceilings, doors and all handles, knobs and other door structures; windows, storm windows and screens; exterior paint; exterior maintenance; a visual inspection of the roof; basement, including windows and screens; kitchen, including cleanliness and sink; bathroom(s), including cleanliness, sinks, tubs and showers; smoke detectors; carbon monoxide detector; electrical outlets and electrical switches; electrical fuse box cover; electrical outlet and switch covers; sidewalks; exterior lawn, shrubs and trees; maximum bedroom occupancy; and all applicable City of Egg Harbor City Code Ordinances, Zoning Ordinances and Planning Ordinances.
Any property owner that fails to obtain an occupancy transfer certificate required as outlined above shall be subject to a fine of $150.
Nothing in this article or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court or any rights acquired or liability incurred or any cause or causes of action acquired or existing under any act or ordinance hereby repealed as cited in Section 3 of this ordinance,[1] nor shall any just or legal right or remedy of any character be lost, impaired or affected by this article.
Editor's Note: Section 3 of this ordinance specifically repealed Ord. No. 9-2007, except for § 213-6G (redesignated as § 213-6H by Ord. No. 4-2012), regarding occupancy transfer certificates.
Said owner, leaseholder or agent shall, for every refusal or neglect to comply with the provisions of this article, upon conviction thereof, be liable to a fine not exceeding $1,000, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof.