[Adopted 2-21-1984 by Section 1 of Ord. No. 8401]
[Amended 7-10-1997 by Ord. No. 9711]
This article shall apply where it is found that
there exist in the City of Ventnor premises that are or may be substandard
with respect to site, structure, equipment or maintenance or, further,
that such conditions, including, but not limited to, structural deterioration,
lack of maintenance, deteriorating appearance of the structure or
premises, infestation and existence of fire or other hazards, are
generally a menace to health, safety and the general welfare or when
it is further found that such premises, due to their lack of maintenance
and progressive deterioration, have the additional effect of creating
blighting influences and initiating deterioration and that if the
same are not curtailed or removed, the aforesaid conditions will grow
and spread to affect premises and neighborhoods in standard condition
and will necessitate the expenditure of public funds to correct and
to eliminate the same by reason of regulations and restrictions as
contained herein, whereby the growth of slums and the spread of blight
can be prevented and the neighborhood and property values thereby
maintained, the desirability and amenities enhanced and the public
health, safety and welfare protected and fostered.
[Amended 7-10-1997 by Ord. No. 9711]
The purpose of this article is to protect the
public health, safety and welfare by establishing minimum standards
governing the maintenance, appearance, condition and occupancy of
all premises, to fix certain responsibilities and duties upon owners,
operators and occupants; to authorize procedures for the inspection
of nonresidential premises; to fix penalties for the violation of
this article; to provide for the right of access across adjoining
premises to permit repairs; and to provide for the repair of premises
unfit for occupancy or use. This article is declared to be remedial
and essential for the public interest.
The following terms, wherever used in this article,
shall have the respective meanings assigned to them unless a different
meaning clearly appears from the content:
A structure, the use of which is incidental to that of the
main building and which is located on the same lot.
A portion of a building located partly underground, but having
less than half its clear floor-to-ceiling height below the average
grade of the adjoining ground.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use.
A portion of a building located partly or wholly underground
and having half or more than half of its clear floor-to-ceiling height
below the average grade of the adjoining ground.
Any premises or any part thereof or any building or part
thereof which may be lawfully viewed by the public from a sidewalk,
street or alleyway or from any adjoining or neighboring premises.
Open space on the premises outside of any building therein.
The control or elimination of insects, rodents or other pests
by eliminating their harborage places, by removing or making inaccessible
materials that may serve as food or by any other recognized and legal
pest elimination methods approved by the Health Office.
Any device or condition likely to cause fire and which is
so located as to endanger either persons or property; the creation,
maintenance or continuance of any physical condition through which
there exists a use, accumulation or storage of combustible or explosive
material sufficient in amount or so located or in such a manner as
to put in jeopardy, in event of ignition, either persons or property;
and the obstruction to or of fire escapes, ladders which may be used
as escapes, stairways, aisles, exits, doors, windows, passageways
or halls likely, in the event of fire, to interfere with the operations
of the Fire Department or in the safety and ready egress of the occupants.
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
A building arranged or used for the sheltering, sleeping
or feeding, for compensation, of more than 20 individuals.
The presence of any insects, rodents, vermin or other pests.
Any public annoyance known at public law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or in the
ordinances of the City of Ventnor City, including the following:
Any attractive "nuisance" which may prove detrimental
to the health or safety of children, whether in a building, on the
premises or upon an unoccupied lot. This includes, but is not limited
to, abandoned wells, shafts, basements, excavations, abandoned iceboxes,
refrigerators, motor vehicles, any structurally unsound fences or
structures, lumber, trash, fences, debris or vegetation, such as poison
ivy, oak or sumac, which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of any code of the City of Ventnor City.
Insufficient ventilation or illumination in
violation of any code of the City of Ventnor City.
Inadequate or unsanitary sewage or plumbing
facilities in violation of any code of the City of Ventnor City.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of any code of the
City of Ventnor City.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
Fire hazards.
Any person who has charge, care or control of a building
or a part thereof.
Any person who alone, jointly or severally with others shall
have the legal title to any property, with or without accompanying
actual possession thereof, or shall have charge, care or control of
any property as "owner" or agent of the "owner" or as executor, executrix,
administrator, administratrix, trustee or guardian of the estate of
the "owner." Any such person thus representing the actual "owner"
shall be bound to comply with the provisions of this article and the
rules and regulations adopted pursuant thereto to the same extent
as if he were the "owner."
Includes all of the following supplied facilities and equipment:
water pipes, garbage disposal units, waste pipes, water closets, sinks,
installed dishwashers, lavatories, bathtubs, shower baths, installed
clothes-washing machines, catch basins, drains, vents and any similar
supplied fixtures, together with all connections to water, sewer or
gas lines.
A lot, plot or parcel of land, including the buildings or
structures thereon.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping.
Any combustible and noncombustible waste materials, except
garbage, including the residue from the burning of wood, coal, coke
and other combustible material, paper, rags, cartons, wood, excelsior,
rubber, leather, tree branches, grass trimmings, tin cans, metals,
mineral matter, glass, crockery and dust.
Churches, private schools and veterans' and other clubs which
serve the public, but which are privately rather than publicly operated.
An assembly of materials forming a construction for occupancy
or use, including, among others, buildings, stadiums, gospel and circus
tents, reviewing stands, platforms, stagings, observation towers,
radio towers, water tanks, trestles, piers, wharves, open sheds, coal
bins, shelters, fences and display signs.
The supply and removal of air by natural or mechanical means
to and from any space.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs or showers,
or both, and which shall also include toilets, lavatories or fixtures
serving similar purposes.
Deterioration, decay or damage caused by exposure to the
elements.
A.
Whenever the words "accessory structure," "building,"
"premises," "room," "rooming unit" or "structure" are used in this
article, they shall be construed, unless expressly stated to the contrary,
to include the plurals of these words and as if they were followed
by the words "or any part thereof."
B.
The word "shall" shall be applied retroactively as
well as prospectively.
A.
Nonresidential buildings. Every nonresidential building and the premises on which it is situated in the City used or intended to be used for commercial, semipublic or industrial occupancy shall comply with the provisions of this article, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this article, and irrespective of any permits, certificates of occupancy or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this article. This article establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building, equipment or facilities contained herein, except as provided in Subsection B. Where there is mixed occupancy, any residential or nonresidential use therein shall be nevertheless regulated by and subject to the provisions of this article.
B.
Higher standard to prevail in case of conflict with
other laws or ordinances. In any case where the provisions of this
article impose a higher standard than set forth in any other ordinances
of the City or under the laws of the State of New Jersey, then the
standard as set forth herein shall prevail, but if the provisions
of this article impose a lower standard than any other ordinances
of the City or of the laws of the State of New Jersey, then the higher
standard contained in any such other ordinance or law shall prevail.
C.
Issuance and renewal of other permits and licenses.
After the date of enactment hereof, all licenses and permits, wherever
applicable, shall be issued upon compliance with this article as well
as compliance with the ordinances under which licenses and permits
are granted.
D.
Enforcement of and compliance with other ordinances.
No license or permit or other certification of compliance with this
article shall constitute a defense against any violation of any other
ordinance of the City applicable to any structure or premises, nor
shall any provision herein relieve any owner, operator or occupant
from complying with any such other provision or any official of the
City from enforcing any such other provision.
A.
Owner and operator. Owners and operators shall have
all the duties and responsibilities as prescribed herein and the regulations
promulgated pursuant thereto, and no owner or operator shall be relieved
from any such duty and responsibility or be entitled to defend against
any charge of violation thereof by reason of the fact that the occupant
is also responsible therefor and in violation thereof.
B.
Occupant. Occupants shall have all the duties and
responsibilities as prescribed herein and all the regulations promulgated
pursuant thereto, and the occupant shall not be relieved from any
such duty and responsibility or be entitled to defend against any
charge of violation thereof by reason of the fact that the owner or
operator is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly
provided to the contrary in this article, the respective obligations
and responsibilities of the owner and operator on one hand and the
occupant on the other shall not be altered or affected by any agreement
or contract by and between any of the aforesaid or between them and
other parties.
D.
Duties and responsibilities of owner and operator.
(1)
Maintenance of exterior of premises. The exterior
of the premises and all structures thereon shall be kept free of all
nuisances and any hazards to the safety of occupants, pedestrians
and other persons utilizing the premises and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards, which include but are not limited
to the following:
(a)
Refuse: brush, weeds, broken glass, stumps,
roots, obnoxious growths, filth, garbage, trash, refuse and debris.
(b)
Natural growth: dead and dying trees and limbs
or other natural growth in rotting or deteriorating condition or storm
damaged which constitute a hazard to persons in the vicinity thereof.
Trees shall be kept pruned and trimmed to prevent such conditions.
(c)
Overhangings: loose and overhanging objects,
such as signs, awnings and accumulations of ice and snow, in locations
above ground level constituting a danger of falling on persons in
the vicinity thereof.
(d)
Ground surface hazards or unsanitary conditions:
houses, excavations, breaks, projections, obstructions, icy conditions,
uncleared snow and the excretions of pets and other animals on paths,
walks, driveways, parking lots and parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
All such holes and excavations shall be filled and repaired, walks
and steps replaced and other conditions removed where necessary to
eliminate hazards or unsanitary conditions with reasonable dispatch
upon their discovery.
(e)
Recurring accumulations of stormwater. Adequate
runoff drains shall be provided and maintained in accordance with
the requirements of the City of Ventnor City to eliminate any such
recurrent or excessive accumulation of stormwater.
(f)
Sources of infestation.
(2)
Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(3)
Chimneys and all flue and vent attachments thereto
shall be maintained structurally sound, free from defects and so maintained
as to capably perform at all times the functions for which they were
designed. Chimneys, flues, gas vents or other draft-producing equipment
shall provide sufficient draft to develop the rated output of the
connected equipment and shall be structurally safe, durable, smoke-tight
and capable of withstanding the action of flue gases.
(4)
Exterior porches, landings, balconies, decks, stairs
and fire escapes shall be provided with banisters or railings properly
designed and maintained to minimize the hazard of falling, and the
same shall be kept structurally sound, in good repair and free from
defects. When porches, balconies and decks are above the first-floor
level, the rail height shall be 42 inches above the walking surface
for security and safety purposes.
[Amended 6-16-1988 by Ord. No. 8814]
E.
Appearance of exterior of premises and structures.
(1)
The exterior of the premises and the condition of
all structures shall be so maintained that their appearance shall
reflect a high level of maintenance, a standard physical condition
and shall not constitute a blighting influence on adjoining property
owners or any element leading to the deterioration and downgrading
of the neighborhood or the reduction of property values.
(2)
Where the premises are landscaped, lawns, hedges,
bushes, planter tubs or other containers shall be kept trimmed, free
from becoming overgrown and unsightly and generally in a healthy,
attractive condition.
(3)
All signs, as permitted by the City's Zoning Ordinance
and Building Code,[1] shall be maintained in a state of good repair. Any signs
which are weathered or faded, have cracked or peeling paint or members
in a state of disrepair and broken or nonoperative electrical signs
shall be repaired or shall be removed in their entirety. In relation
to stands or any other seasonal businesses that are closed during
the off-season period, their signs shall be professionally lettered
on durable material and shall be solidly affixed in their position.
(4)
All windows that are exposed to public view shall
be kept clean and free of marks and foreign substances. No storage
of materials, stock or refuse shall be permitted in window display
areas exposed from the view unless said areas are first screened from
the public view by drapes, blinds or other suitable material which
renders the windows opaque to the public view. All screening of windows
shall be maintained in a clean and attractive manner and in a state
of good repair.
(5)
All store structures and stands shall be kept in good
repair, painted where required and shall not constitute a safety hazard,
nuisance or blighting influence on adjoining properties or in the
neighborhood generally. In the event that repairs to a store or stand
become necessary, such repairs shall be made with the same or similar
materials used in the construction of the structure in such a manner
as to permanently repair the deteriorated or damaged area. Any cornice
visible above a storefront shall be kept painted, where required,
and in a state of good repair.
(6)
Except for "for rent" and "for sale" signs, any temporary
sign or other paper advertising material glued or otherwise attached
to a window or windows or otherwise exposed to public view shall be
removed at the expiration of the event or sale for which it was prepared
or within 60 days after its display, whichever shall take place sooner.
(7)
Any awning or marquee and its accompanying structural
members which extend over any street, sidewalk or other portion of
the premises shall be maintained in good repair and shall not constitute
a nuisance or a safety hazard. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event that said awnings or marquees are made of cloth, plastic
or of similar materials, said cloth or plastic, where exposed to public
view, shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks or other parts of the public domain.
F.
The exterior of every structure or accessory structure,
including fences, signs and storefronts, shall be maintained in good
repair, and all surfaces thereof shall be kept painted where necessary
for purposes of preservation and appearance. All surfaces shall be
maintained free of broken glass, loose shingles, crumbling stone or
brick, excessive peeling paint or other conditions reflective of deterioration
or inadequate maintenance to the end that the property itself may
be preserved, safety and fire hazards eliminated and adjoining properties
and the neighborhood protected from blighting influences. All reconstruction
of walls and sidings shall be of standard quality as permitted by
the City's Building Code and of an appearance commensurate with the
character of the properties in the same block and on both sides of
the street on which the premises fronts, such that the materials used
will not be of a kind that their appearance under prevailing appraisal
practices and standards will depreciate the values of neighboring
and adjoining premises as aforesaid.
G.
All parts of the premises shall be maintained in a
clean and sanitary condition so as to prevent infestation, be free
of nuisances and free of hazards to health, safety and fire.
(1)
No obstruction from garbage, refuse or rubbish shall
be permitted on common areaways, stairways, hallways, basements or
cellars, except that rubbish or garbage stored in proper containers
may be set out for removal pursuant to the requirements of the City
of Ventnor City.
(2)
Removal of garbage or rubbish shall be the duty of
the owner and operator.
(3)
Floors, interior walls and ceilings of every structure
shall be in sound condition and maintained in a clean and sanitary
condition. Floors shall be considered to be sound when they are capable
of safely bearing their imposed loads free from breaks, cracks and
other hazards.
(4)
Washroom and bathroom floors shall be surfaced with
water-resistant material and shall be kept in a dry, clean and sanitary
condition at all times and adequately ventilated according to the
requirements of the City of Ventnor City.
H.
Storage bins, rooms and areas shall not be used for
accumulated garbage or refuse. Flammable or combustible liquids or
other materials may not be stored on the premises unless they are
of a type approved for storage by the regulations of the Fire Department
and the City's Building Code, and then only in such quantities and
in such fireproof storage containers as may be prescribed by the regulations.
I.
All premises shall be properly connected to and provided
with electrical power through safely insulated conductors conforming
to the requirements of the City of Ventnor City.
A.
Construction Official to be inspecting officer. The
Construction Official is hereby designated to serve as the inspecting
officer hereunder, and all inspections, regulations, enforcement and
hearings on violations of the provisions of this article, unless expressly
stated to the contrary, shall be under his direction and supervision.
He may appoint or designate such other public officials or employees
of the City to perform duties as may be necessary to the enforcement
of this article, including the making of inspections and holding of
hearings.
B.
When inspections are to be made. All buildings and
premises subject to this article are subject to inspections by the
enforcing officer. At the time of such inspections, all parts of the
premises must be available and accessible for such inspections, and
the owner and operator are required to provide the necessary arrangements
to enable such inspections. Such inspections shall be made during
regular business hours, unless the violation is of an emergency type
which requires abatement without delay.
C.
Identification and conduct of inspectors. Inspectors
shall be supplied with official identification and, upon request,
shall exhibit such identification when entering any building, rooming
unit or any part of any premises subject to this article. Inspectors
shall conduct themselves so as to avoid intentional embarrassment
or inconvenience to occupants.
D.
Where entry by inspectors is refused.
(1)
Penalties. Where the Construction Official or his
agent is refused entry or access or is otherwise impeded or prevented
by the owner or operator from conducting an inspection of the premises,
such person shall be in violation of this article and subject to the
penalties hereunder.
(2)
Search warrant or access warrant. In addition to the provisions of Subsection D(1), the Construction Official may, upon affidavit, apply to the Municipal Court of the City of Ventnor City or such other court that may have jurisdiction, for a search warrant, setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this article exists on the premises, and, if the Judge is satisfied as to the matter set forth in the said affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation exists. Warrant for access may be issued by the court having jurisdiction upon affidavit of the Construction Official establishing grounds thereof.
E.
Procedure where violation is discovered. Except as provided in Subsection E(8), where a violation of this article or the regulations hereunder is found to exist, a written notice from the Construction Official shall be served on the person or persons responsible for the correction thereof.
(1)
Contents of notice. The notice shall specify the violation or violations committed, what must be done to correct same, a reasonable period of time, not to exceed 30 days, to start to correct or abate the violation and a reasonable time period to complete the correction of said violation, the right of the person served to request a hearing and that the notice shall become an order of the public officer 10 days after service, unless a hearing is requested pursuant to Subsection E(3).
(2)
Service of notice. Notice may be served personally
or by certified mail, with postage prepaid, addressed to the last
known address of the person to be served. In the case of an occupant,
notice may be posted upon the door of his dwelling unit or rooming
unit. Where it is ascertained that the owner does not reside on the
premises, the last known address shall be the address of the owner
as shown in the office of the Tax Collector. If the last known address
cannot be ascertained, the notice may be posted on the outside front
entrance of the building. The Construction Official shall file and
provide notice to any owner, operator or occupant of any violation
at any address other than the last known address provided hereunder
if such other address is filed with the Construction Official personally
or by certified mail addressed to the Construction Official. Service
upon an owner, operator or occupant may also be attained by service
of any notice upon a member of the family of the owner, operator or
occupant. Date of service of the notice shall be determined where
service is by mail as the day following the day of mailing for notices
to addresses within the City and as the fourth day after the day of
mailing for notices to addresses outside the City. Where the day of
service would fall upon a Sunday or other day when mail is not ordinarily
delivered, then the day of service shall be the next regular delivery
day, notwithstanding any other provision herein contained.
(3)
Notice to become an order unless hearing requested.
Within 10 days of the date of service of a notice, the notice shall
constitute a final order, unless any person affected by the notice
requests a hearing thereon by serving a written request within the
ten-day period in person or by certified mail on the Construction
Official. Such request for a hearing shall set forth briefly the grounds
or reasons on which the request for a hearing is based and the factual
matters contained in the notice of violation which are to be disputed
at the hearing. The Construction Official, upon receipt of the request,
shall, within 30 days therefrom and upon five days' notice to the
party aggrieved, set the matter down for hearing.
(4)
Determination at hearing. At any hearing provided
hereunder, the Construction Official shall be vested with all the
powers provided by law to compel the attendance of witnesses and parties
in interest by issuance and service of subpoena, to require by subpoena
the production of books, records or other documents at any such hearing
which may be pertinent to matters to be determined by him and to enforce
any such subpoena or secure any order for the enforcement of any such
subpoena as provided by law. Determination shall be made within 10
days of the completion of the hearing. The Construction Official shall
issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
(5)
Extensions of time. The Construction Official may
extend the time for correction or abatement of the violations for
an additional period of time not to exceed 30 days, except where major
capital improvements or renovations are involved, in which instance
the time for completion may be extended for a period not to exceed
90 days beyond the expiration date of the original notice.
(6)
Summary abatement in emergency; notice and hearing
not required. Where the violation or condition existing on the premises
is of such a nature as to constitute an immediate threat to life and
limb unless abated without delay, the Construction Official may either
abate the violation or condition immediately or order the owner, operator
or occupant to correct the violation or condition within a period
of time not to exceed three days, and, upon failure to do so, the
Construction Official shall abate the condition immediately thereafter.
(7)
Referral of violations. Any violation of any related
ordinance other than this article discovered by an Inspector shall
be reported to the Construction Official, who shall refer the alleged
violation to the official or agency responsible for the enforcement
of such other ordinance.
(8)
Where the Construction Official, after hearing, shall
determine that there was a violation and a notice was served upon
the owner, operator or occupant, whether or not said violation was
abated prior to the issuance of an order, if thereafter within the
space of one year (one year being defined as 365 days of the date
of the first violation notice) there shall be a second violation by
the same owner, operator or occupant of the same provision of this
article discovered on the same premises, the offender may be prosecuted
on the second violation without the Construction Official first giving
notice and opportunity for a hearing to the owner, operator or occupant
by the filing of a complaint by the Construction Official in the Municipal
Court. Where the Construction Official has on two different occasions
found violations by the same owner, operator or occupant on the same
premises and has issued notices on each and has held at least one
hearing and issued an order thereon, upon discovering a third or subsequent
violation by the same owner, operator or occupant on the same premises
within the space of one year, whether of the same sections or of any
other sections of this article, he may thereupon prosecute the offender
by filing a complaint in the Municipal Court of said third or subsequent
violation occurring within said period of one year without first providing
notice and opportunity for a hearing by the Construction Official.
[Amended 7-10-1997 by Ord. No. 9711]
(9)
Effect of notice on owner. For the purpose of enforcement
of this article, the service of a notice on an owner, whether or not
the owner is also the operator, shall constitute notice of violations
set forth therein until said violations are abated in conformity with
this article and the other applicable ordinances of the City of Ventnor
City.
The repeal of any provisions of any other ordinances
by this article shall not affect any action for prosecution or abatement
under any such ordinance or any notice, complaint or order issued
by any officer or agency of the City prior to the effective date hereof
or concerning which any prosecution or other steps of enforcement
have been taken or are being taken within any administrative agency
or in the Municipal Court for enforcement thereof.
A.
Adoption of rules and regulations by Construction
Official. The Construction Official is hereby authorized and empowered
to promulgate such written rules and regulations as may be necessary
for the proper interpretation and administration of the provisions
of this article, provided that such rules and regulations do not conflict
with this article and conform to the general standards prescribed
by this article. The Construction Official shall file copies of such
rules and regulations with the City Clerk, Health Officer, City Engineer
and Fire Chief and shall make available in the Construction Official's
office a copy for inspection by members of the public during regular
business hours. Such rules and regulations shall have the approval
of the Health Officer, City Engineer and Fire Chief, respectively,
where the provisions thereof relate to matters which are also in the
jurisdiction of and supervision of each officer. In case of conflict,
the rule or regulation may be promulgated by direction of the Mayor.
Such rules and regulations shall have the same force and effect as
the provisions of this article, and the violations thereof shall be
enforced as violations of the express provisions of this article,
as herein provided.
B.
Premises located in area of expected public action.
The Construction Official shall have the power to modify the strict
enforcement of this article where premises subject to this article
are contemplated for acquisition or are within an area where acquisition
is contemplated by a public agency having the power of eminent domain
and there is a reasonable likelihood that the said premises will be
acquired within a period of two years and the strict enforcement of
the provisions of this article would require repairs and improvements
estimated to exceed $2,000 in cost and there is an alternative means
satisfactory to the Construction Official to be used which will eliminate
violations of this article constituting hazards to the health, safety
and welfare of the occupants of the premises and persons in the immediate
vicinity thereof; provided, however, that any waiver of the provisions
of this article permitted under this subsection shall be canceled
and the Construction Official shall strictly enforce the article if
it shall be ascertained subsequent to the granting of the waiver that
the premises are in fact not to be acquired for any public use or
purpose. Notwithstanding the above, no such waiver granted shall be
in violation of any laws of the State of New Jersey or any other public
body.
C.
Right to hearing where application denied. Upon denial
of any such application, the owner, operator or occupant may request
a hearing with the Board of Appeals for the Building, Housing and
Maintenance Codes of the City of Ventnor City, which shall be held
in accordance with procedures of said Board.
(1)
Application not to constitute a defense or stay. Such
application shall not constitute a defense of any violation of this
article concerning which any proceedings are pending in the Municipal
Court when the application is filed, nor shall any variance or modification
allowed hereunder constitute a vested right against any ordinance
enacted hereinafter by the City Commission compelling strict enforcement
of any provisions of this article.
(2)
Record of variations or modifications granted. Where
variations or modifications of any section of this article are approved
by the Board of Appeals for the Building, Housing and Maintenance
Codes of the City of Ventnor City or by action of any court, a written
record thereof stating the name of the applicant, the address of the
premises, the variation or modification approved, the date of approval
and the reasons therefor, satisfying the provisions contained herein,
shall be prepared by the Construction Official and filed both under
the section or sections of this article to which the variation or
modification applies and under the address of the premises, and such
files shall be available for public inspection in the office of the
Construction Official during regular business hours.
D.
Annual review of article provisions and related activity.
The Construction Official shall, in the month of December of each
year, review with the Fire Chief, Health Officer, City Engineer and
the City Commission, the procedure and operation of this article and
report to the Mayor and City Commission on or before January 1:
(1)
Any recommended amendment, addition or modification
of provisions of this article consonant with the field experience
of the personnel charged with enforcement.
(2)
A summary of the enforcement experience, indicating
number of violations abated, number of cases processed in the Municipal
Court, number of inspections made and such other and further pertinent
information as will provide the Mayor and City Commission with an
annual account of progress in securing the standards required by this
article.
(3)
Any further recommendation as to how the article and
the procedure and operations thereunder can be improved.
