[Adopted 3-25-2010 by Ord. No. 7-2010[1]]
[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Editor's Note: This ordinance also repealed Ord.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.
A.
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.
B.
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]
A.
Section
101.1: City of Egg Harbor.
B.
Section
103.5: Existing fees to remain in effect.
C.
Section
112.4: (not less than $100 to not more than $1,000).
D.
Section
302.4: Eight inches.
[Amended 8-11-2022 by Ord. No. 9-2022]
E.
Section
304.14: May 15 to October 15.
F.
Section
602.3: October 1 to May 1.
G.
Section
602.4: October 1 to May 1.
H.
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]
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PM-107.6 Occupancy Transfer Certificate: Responsibilities of property owners or leaseholders or their agents
and prospective occupants shall be as follows:
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1.
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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.
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2.
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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.
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3.
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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.
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4.
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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:
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(a)
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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.
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5.
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Any property owner that fails to obtain an occupancy
transfer certificate required as outlined above shall be subject to
a fine of $150.
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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.
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.
