[HISTORY: Adopted by the Borough Council
of the Borough of Seaside Heights 2-19-1997 by Ord. No. 97-1. Amendments
noted where applicable.]
It is hereby found and declared that there exist
in the Borough of Seaside Heights structures which are or may become
in the future substandard with respect to structural integrity, equipment
or maintenance, or further, that such conditions, including but not
limited to structural deterioration, lack of maintenance of exterior
premises, infestation and unsanitary conditions, constitute a menace
to the health, safety, morals, welfare and reasonable comfort of the
citizens and inhabitants of the Borough of Seaside Heights. It is
further found and declared that by reason of lack of maintenance and
progressive deterioration, certain properties have the further effect
of creating blighting conditions and that if the same were not curtailed
and removed, the aforesaid conditions will grow and spread and will
necessitate in time the expenditure of large amounts of public funds
to correct and eliminate the same, and that by reason of timely restrictions
as herein contained, the growth of blight may be prevented and the
neighborhood and property values thereby maintained, the desirability
and amenities of dwelling and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
The purposes of this chapter are to protect
the public health, safety, morals and welfare by establishing minimum
standards governing the conditions of occupancy, maintenance of premises
and duties of owners and operators of buildings; to authorize and
establish procedures for the inspection of dwellings and other buildings,
and to fix penalties for the violations of this chapter. This chapter
is hereby declared to be remedial and essential for the public interest,
and it is intended that this code be liberally construed to effectuate
the purposes as stated herein.
The provisions of this chapter shall apply to
every building or structure of any kind located within the Borough
of Seaside Heights.
[Amended 5-5-1999 by Ord. No. 99-11; 11-3-1999 by Ord. No. 99-29; 2-16-2000 by Ord. No. 2000-3]
The Borough of Seaside Heights adopts the following
standards for property maintenance in the Borough of Seaside Heights:
A.
A certain document, three copies of which are on file
in the office of the Borough Clerk in the Borough of Seaside Heights,
being marked and designated as the "Regulations for the Maintenance
of Hotels and Multiple Dwellings," which is Chapter 10 of Title 5
of the New Jersey Administrative Code, be and is hereby adopted as
the Property Maintenance Code of the Borough of Seaside Heights, New
Jersey; the applicable sections of such code to control all properties
within the Borough, including one- and two-family dwellings and commercial
and business properties; and each and all of the regulations, provisions,
penalties, conditions and terms of Chapter 10 of Title 5 as updated
by the State of New Jersey are hereby referred to, adopted and made
a part thereof, as if fully set out in this chapter.
B.
Regulations for the Maintenance of Hotels and Multiple
Dwellings, which is Chapter 10 of Title 5 of the New Jersey Administrative
Code, solely as such standards are adopted as the Property Maintenance
Code of the Borough of Seaside Heights, New Jersey is amended and
revised in the following respects:
(1)
Sections 5:10-1.1-1 through 5:10-1.5 and 5:10-3.1
through 5:10-3.4 are deleted.
(2)
Sections 5:10-25.1 through 5:10-25.5 are deleted.
(3)
Section 5:10-6.4 is amended to add subsection (c),
which shall read in its entirety as follows:
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(c)
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No property owner, tenant or individual in control
of any property within the Borough of Seaside Heights shall store
or maintain or accumulate within the front or side yard setbacks any
debris, junk or construction materials. Any such items stored upon
the property shall be stored in the rear yard in a manner shielded
from the view of the neighboring properties.
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(4)
Section 5:10-13.1 is amended to add subsections (f)
and (g), which shall read in their entirety as follows:
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(f)
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All bathrooms must have a ground fault interrupter
(GFI) electrical receptacle and all kitchen and bathroom electrical
outlets within six feet of a sink must be GFI wired.
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(g)
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Each room used as a bedroom must have at least
one working smoke detector.
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(5)
Section 5:10-7.7(b)2 is amended so as to read in its
entirety as follows:
[Added 2-19-2003 by Ord. No. 03-05]
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Guards shall be constructed so that the area
in the plane of the guard, from the top of the tread or floor to the
top of the guard, is subdivided or filled so that a sphere of 4 inches
in diameter cannot pass through said plane.
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(6)
Section 5:10-22.3 is amended to add the word “non-transient”
prior to dwelling units in Subsection (a) and to add Subsections (e)
and (f), which shall read in their entirety as follows:
[Added 12-20-2006 by Ord. No. 06-19]
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(e)
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In every non-transient dwelling unit other than
a rooming unit, every room occupied or intended to be occupied for
sleeping purposes must have a door or doors so as to make it private
from the rest of the dwelling unit, and it must not be a room that
needs to be passed through in order to get to any other habitable
space within the dwelling unit.
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(f)
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In every transient dwelling unit there shall
be a maximum of two people permitted to sleep in any space that does
not have a door or doors so as to make it private from the rest of
the dwelling unit and/or needs to be passed through in order to get
to any other habitable space within the dwelling unit.
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C.
Any repairs or alterations to a structure, or changes
of use therein, shall be done in accordance with the procedures and
provisions of the building, plumbing and mechanical codes adopted
by the State of New Jersey Department of Community Affairs.
D.
The provisions of this code shall not be construed
to prevent the enforcement of other ordinances or regulations which
prescribe standards other than those provided herein. In the event
of a conflict, the most restrictive provision shall apply.
[Added 3-4-1998 by Ord. No. 98-7[1]]
A.
Registration with Code Enforcement Officer required.
(1)
It shall be unlawful for any property owner to board
up the windows or doors of any building or other structure, or permit
another to do such boarding, without first completing a property boarding
registration form. Such a form can be obtained from the Code Enforcement
Officer during normal business hours at the Municipal Complex.
(2)
Under no circumstances shall the windows or doors
of any building or other structure remain boarded up for more than
six months of a twelve-month period. The applicable twelve-month period
shall run from the date of filing of a property boarding registration
form.
(3)
If a window or door of a property must be boarded
up on an emergent basis, such as, but not limited to, a threat of
imminent damage due to extreme weather conditions, a property boarding
registration form must be filed within seven days of attaching boards.
(4)
Any boarding of property must be done in a professional
workmanlike manner, all boarding material must be of a type made for
exterior use, all windows and doors must have a custom fit, with boards
being securely attached within the door or window frames, and all
bonding material must be white or of the same color as the building
being boarded.
[Amended 11-3-1999 by Ord. No. 99-29]
[Added 5-2-2001 by Ord. No. 2001-10]
Emergency lighting fixtures, to be operational
upon the failure of the electrical power supply, shall be installed
by the property owner on all buildings which front upon the Boardwalk.
The governing body shall, by resolution, designate specifications
for the amount, placement and type of emergency lighting to be installed.
[Added 11-3-1999 by Ord. No. 99-29[1]]
Whenever the Code Official determines that there
has been a violation of this code or has reasonable grounds to believe
that a violation has occurred, or whenever the Code Official has condemned
any structure or equipment, notice shall be given to the owner or
the person or persons responsible therefore in the manner prescribed
below. Such notice shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient
for identification.
C.
Include a statement of the reason or reasons why the
notice is being issued.
D.
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this code.
[Added 11-3-1999 by Ord. No. 99-29]
Such notice shall be deemed to be properly served
upon such owner if a copy thereof is delivered to the owner personally;
or by leaving the notice at the usual place of abode, in the presence
of someone in the family of suitable age and discretion who shall
be informed of the contents thereof; or by regular mail addressed
to the owner at the last known address.
When the time provided for in the notice of
violation for curing of violating condition shall have passed without
the responsible person curing the violating condition, the Code Enforcement
Official shall serve a summons, specifying the section of the property
maintenance code adopted in this chapter or other applicable municipal
ordinance violated and shall serve such summons upon the person responsible.
The summons shall also set forth the date and place when the person
named in the summons shall appear in the Municipal Court of the Borough
of Seaside Heights to be heard on the summons.
[Added 11-3-1999 by Ord. No. 99-29; amended 12-20-2006 by Ord. No. 06-19]
Such service shall be deemed to be properly
served upon such owner if a copy thereof is delivered to the owner
personally; or by leaving the summons at the usual place of abode,
in the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by regular mail
addressed to the owner at the last known address; or if the letter
is returned, by posting a copy thereof in a conspicuous place in or
about the structure affected by such summons, and at least one publication
of such summons in a local newspaper of general circulation.
[Added 6-5-2019 by Ord. No. 2019-09[1]]
Where it is necessary and expedient for the preservation of
the public health, safety, or general welfare, or to eliminate a fire
hazard, an owner or tenant of real property within the Borough of
Seaside Heights shall remove from such lands brush, weeds, dead and
dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
and debris within 10 days after notice to remove the same from the
designated official of the Borough of Seaside Heights.
[Added 6-5-2019 by Ord. No. 2019-09]
If an owner or tenant who has received notice in accordance with the provisions of § 171-11 fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, or fails to cut any brush, hedges, shrubs or other obstructions for which said person was cited within 10 days of notice to remove the same, then, and in that event, the Borough shall have the right to provide for the removal of the same by or under the direction of an officer of the municipality.
[Added 6-5-2019 by Ord. No. 2019-09]
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are removed,
or any brush, hedges, shrubs or other obstructions are cut by the
Borough under the provisions of this chapter, the municipal officer
of the municipality in charge of the removal of said material shall
certify the cost thereof to the governing body. Upon receipt of the
certificate of cost, the governing body shall examine the same and,
if found correct, shall cause the cost as shown thereon to be charged
against the property from which said material was removed. The amount
so charged shall become a lien upon such lands and shall be added
to and become and form part of the taxes next to be assessed and levied
upon said lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced by the Tax Collector of
the Borough in accordance with the provisions of N.J.S.A. 40:171-2.27.
[Amended 11-3-1999 by Ord. No. 99-29; 12-20-2006 by Ord. No. 06-19]
A.
Any person violating or failing to comply with any
of the provisions of this chapter shall, upon conviction thereof,
be punishable by a fine of no less than $100 and no more than $1,250,
by imprisonment for not to exceed 90 days or by community service
of not more than 90 days or any combination of fine, imprisonment
and community service, as determined in the discretion of the Municipal
Court Judge. The continuation of such violation for each successive
day shall constitute a separate offense, and the person or persons
allowing or permitting the continuation of the violation may be punished
as provided above for each separate offense.
B.
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
