Borough of Bradley Beach, NJ Chapter 350 Property Maintenance and Housing Standards

[HISTORY: Adopted by the Mayor and Council of the Borough of Bradley Beach 6-14-2011 by Ord. No. 2011-12. Amendments noted where applicable.]

§ 350-1 Adoption of standards; availability of copies.

[Amended 3-22-2022 by Ord. No. 2022-2]

Pursuant to N.J.S.A. 40:49-5.1, the International Property Management Code, 2018, published by the International Code Counsel, is hereby accepted, adopted and established as the standard and guide in determining whether dwellings and properties in this municipality are properly maintained in accordance with and in the interest of promoting the health, safety and welfare of the public. A copy of the International Property Maintenance Code (IPMC) is annexed hereto and three copies have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.

§ 350-2 Amendments to Code adopted.

The International Property Maintenance Code as identified above shall be hereby amended and supplemented to read as follows:

A. Section 101.1 Title. These regulations shall be known as the "International Property Maintenance Code of Borough of Bradley Beach," hereinafter referred to as "this code."

B. Section 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the New Jersey Uniform Construction Code. Nothing in this code shall be construed to cancel, modify of set aside any provision of the Borough of Bradley Beach Zoning Code. Any reference to the "International Building Code," "National Electric Code" or the "International Plumbing Code," as found in the International Property Maintenance Code adopted herein, shall be construed to mean and be read in accordance with the New Jersey Uniform Construction Code. Any reference to the "International Fire Code" as found in International Property Maintenance Code adopted herein shall be construed to mean and be read in accordance with the New Jersey International Fire Code.

C. Section 103. This section, including all subparts, is deleted in its entirety.

D. Section 106.4 Violations and penalties. Unless otherwise provided in this Code, any person, persons, other entities, or their agents, who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements hereof, shall be prosecuted within the limits provided by state or local laws and upon conviction thereof shall be subject to the penalties set forth in Borough Ordinance Chapter 1, Article II, General Penalty. Each day that a violation continues after due notice has been served shall be deemed a separate offense. All summons issued in connection with the enforcement of this code, or any rule or regulation adopted pursuant thereto, shall be heard before the Municipal Court of the Borough of Bradley Beach in accordance with the rules of the Municipal Court, as adopted by the Supreme Court.

E. Section 107.7 No notice necessary. No notice of violation need be given to any person or entity prior to the issuance of a summons for the violation of any standards or provisions herein adopted and all requirements as to notice shall be read as being discretionary and permissive only.

F. Section 111. This section, including all subparts, is deleted in its entirety.

G. Section 112.4 Failure to comply. Any person who shall continue any work after having been served with a stop-work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to a fine of not less than $200 or more than $2,000.

H. Section 302.3.1 Snow removal: sidewalks and parking lots. Snow and ice shall be removed from sidewalks and private parking lots within 24 hours after cessation of precipitation.

I. Section 302.4 Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of six inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner, the owner's agent, or other person having charge of a property to cut and destroy weeds after service of a notice of violation, said person shall be subject to prosecution in accordance with Section 106.3 and as otherwise prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the cost of such removal shall be paid by the owner or agent responsible for the property.

J. Section 302.7 Accessory structures. All accessory structures, including but not limited to, detached garages, sheds, outside showers, fences and walls, shall be maintained in structurally sound and in good repair.

K. Section 302.10 Depositing of snow or ice prohibited. No person or other entity shall throw, place or deposit any snow or ice into or on any street in the Borough, and no owner, tenant or occupant shall cause or allow such throwing, placing or depositing to occur, or cause or permit said throwing, placing or depositing of any snow or ice to remain in the street, it being the intent and purpose of this provision to prohibit all such persons and entities from throwing, placing or depositing snow or ice which accumulated on the private property or adjoining sidewalks into the streets of the Borough.

L. Section 304.1.1. This section shall be amended to delete any reference to existing International Building Code.

M. Section 304.3.1 Premises identification. Commercial buildings with rear doors shall have the name of any businesses, address number and unit identification, if applicable, on the outside of said rear doors. Numbers and letters shall be a minimum of three inches high with a minimum width of 0.5 inches.

N. Section 304.6.1 Exterior walls. All exterior walls, including masonry walls, shall be free of chipping, staining and deterioration of paint and all such walls shall be restored to a clean good appearance.

O. Section 304.14 Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation area, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored shall be supplied with approved, tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 millimeters), and every screen door used for insect control shall have a self-closing device in good working condition.

Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.

P. Section 308.3.1 Garbage facilities. The owner of every dwelling shall supply an approved leakproof, covered, outside garbage container, and no option to this requirement shall be permitted.

Q. Section 404.4.1 Room area. Every living room shall contain at least 120 square feet (11.2 m²) and every bedroom shall contain at least 70 square feet (6.5 m²) for the first person and 50 square feet for each additional person.

R. Section 602.3 Heat supply. Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 1 to May 15 to maintain a temperature of not less than 68º F. (20º C.) in all habitable rooms, bathrooms and toilet rooms.

Exceptions:
(1)	When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in National Standard Plumbing Code currently adopted by the NJ-UCC.
(2)	In areas where the average monthly temperature is above 30º F. (-1º C.) a minimum temperature of 65º F. (18º C.) shall be maintained.

S. Sec. 602.4 Occupiable work spaces. Indoor occupiable work spaces shall be supplied with heat during the period from October 1 to May 15 to maintain a temperature of not less than 65º F. (18º C.) during the period the spaces are occupied.

Exceptions:
(1)	Processing, storage and operation areas that require cooling or special temperature conditions.
(2)	Areas in which persons are primarily engaged in vigorous physical activities.

§ 350-3 Supersession of other statutes.

The specific provisions and wording of this chapter, whether amendments, additions or otherwise, shall take precedence over and supersede any provisions and wording as may be found in the IPMC hereby adopted and said specific provisions and wording shall be controlling.

§ 350-4 Elimination of prefacing information.

All prefacing information as may be provided with the IPMC, including but not limited to the sections as to introduction, development, adoption, maintenance, letter designations, marginal markings, italicized words, and otherwise, shall not be considered to be part of this chapter.

§ 350-5 Construction site maintenance standards.

[Added 6-26-2018 by Ord. No. 2018-19]

The following construction site maintenance standards shall be the responsibility of the property owner and/or contractor who shall maintain the entire site in a safe and orderly condition during construction.

A. The following construction site maintenance standards shall apply to any size property where any construction activities are undertaken. These standards shall include, but are not limited to, the following:

(1) Open excavation shall be enclosed by fencing or barricades during nonconstruction hours.

(2) Excavation of previously installed sidewalk and pavement areas shall be clearly marked with signs and barricades. All appropriate permits and Borough approvals for the excavation of previously installed sidewalk and pavement areas shall be obtained. Alternate safe access shall be provided for pedestrians and vehicles. Any excavated sidewalk or pavement areas which will not be repaired within 48 hours shall be covered in a fashion to permit safe pedestrian and/or vehicular traffic with concrete, asphalt-type material or other nonslip approved material by the Code Enforcement Office. Any damage to sidewalks, ramps and signage shall be repaired temporarily within 48 hours to maintain safety, with a substance satisfactory to the Borough Engineer and the use of silt fencing as a temporary measure and that permanent repair be done at the conclusion of construction to the satisfaction of the Borough Engineer.

[Amended 7-23-2019 by Ord. No. 2019-17]

(3) All construction sites shall have a silt fence installed to manufacturer's specifications and maintained during the duration of the construction.

(4) Construction equipment, construction trailers, materials and trucks shall not be stored within 10 feet of occupied buildings and adjoining streets, sidewalks and/or properties during nonconstruction hours.

(5) Portable bathroom facilities shall not be placed within 10 feet of adjoining occupied buildings and adjoining streets, sidewalks and/or properties.

(6) Construction activities which will result in damage to trees and landscaping on occupied lots and/or adjoining properties shall not be permitted. Trees and environmentally sensitive areas shall be protected, at a minimum, by the use of orange construction fencing at the dripline of all trees.

(7) Unsightly construction debris, including scrap materials, cartons, boxes and wrappings must be removed daily at the end of each working day or placed in a dumpster. Dumpsters shall be covered when the construction site is not active.

(8) All locations and activities in the project which present potential hazards shall be marked with signs indicating the potential hazard.

(9) All dumpsters shall meet Chapter 348 and, if possible, storing on public streets shall be avoided. All dumpsters shall be loaded so that no items are protruding out of the top or hanging over the sides. Dumpsters shall be covered when the construction site is not active.

(10) Proper measures shall be taken to prevent the tracking of mud onto public streets or roads or property of third persons. Such measures shall include but are not limited to covering muddy areas on site with clean, dry sand and/or gravel. All ingress/egress points to the site shall be maintained in a dry condition, and any mud tracked onto public streets or roads, or other areas of the building, or property of third parties shall be immediately removed and the affected area cleaned.

(11) Temporary driveways and/or access points to the site which abut a public street must, at a minimum, be constructed of gravel to a point at least 15 feet back from the public street. The sidewalk and apron part of the driveway shall meet the requirement of Subsection A(2) above. The gravel shall be maintained so that it is not dispersed onto any public street and/or sidewalk. Temporary driveways and/or access points to the site shall be where a proposed road to the project and/or driveway to a lot will be constructed, if possible. Further, once heavy equipment is removed from the site which could harm a base coat, the asphalt base coat shall be installed in place of the gravel.

(12) Certificates of occupancy shall not be issued until all machinery, materials, implements, barricades, staging, debris, and rubbish connected with or caused by the work are removed.

(13) Within 10 calendar days after the issuance of a certificate of occupancy or a temporary certificate of occupancy, all contractor and/or developer signs and "for sale" and/or "for rent" signs shall be removed, unless the property receiving such certificate is part of a project and said property is not the last property in the project receiving such certificate.

(14) When a structure is demolished and the construction of a new structure does not commence within one month, grass shall be planted and maintained to prevent soil erosion.

B. Waivers. When any of the requirements are not practicable, a waiver may be applied for. Requests for waivers shall be made, in writing, to the Code Enforcement Office. Said requests shall specifically state which sections of these regulations for which a waiver is requested, why the waiver is needed and what alternate steps will be taken to avoid the outcome which the regulation is intended to prevent. The Code Enforcement Office may only grant the waiver if it finds that the strict enforcement of the regulation presents a unique hardship to the individual requesting the waiver or to the general public and that the proposed alternate steps, or the alternate steps required by the Code Enforcement Office, will adequately address the outcome which the regulation is intended to prevent and will adequately protect the health, safety and welfare of the occupants of the property and/or the project and the general public. The Code Enforcement Office is not authorized to grant a waiver of any specific requirement of a Planning Board or Zoning Board of Adjustment approval which relates to construction site maintenance.

C. Should the property owner and/or contractor fail to maintain the project in a safe and orderly condition, the Borough may, on two days' written notice, or immediately in the case of hazard to life, health, or property, undertake whatever work may be necessary to return the project to a safe and orderly condition. The cost thereof shall be charged against the performance guaranty, or if none has been posted, or if the guaranty is insufficient to cover the costs, the costs shall constitute a lien against the property.

D. Enforcement; violations; penalties.

(1) Enforcement. The provisions of this section shall be enforced by the Department of Code Enforcement.

(2) Violations and penalties. Every person violating the provisions of this section shall, upon conviction thereof, be subject to a fine of $250 plus costs. The property owner and/or contractor shall have 10 calendar days from the date of issuance of a violation to remedy the violation; if the violation is remedied in this time frame, the property owner and/or contractor shall only be subject to a fine of $250 plus costs. If the violation is not remedied in this time frame, the property owner and/or contractor shall be subject to a fine of $250 plus costs, plus an additional fine of $50 per day, calculated from the date of the violation, and continuing until the violation is remedied.

§ 350-6 Responsibility of owner of tenant.

[Added 12-11-2018 by Ord. No. 2018-27]

A. The owner or tenant of lands lying in the Borough is hereby required to remove from such lands any brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, and including areas surrounding fencing, garages, sheds and similar structures.

B. Whenever the Code Enforcement Officer shall deem it necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from any lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris, he shall give notice to the owner or tenant of such lands, which notice shall require the owner or tenant to provide for the removal thereof within 10 days. Such notice may be by personal service or by certified mail to the last known address of the owner of such lands. In the event the condition is not abated within the ten-day period or where the owner or tenant refuses or neglects to remove same in the manner and within the time above provided, it shall be lawful for the same to be removed by or under the direction of any duly authorized employee of the Borough or contractor hired by the Borough.

C. In all cases where brush, weeds, dead and dying trees, stumps, roots, obnoxious growths and filth, garbage, trash and debris are removed from any lands by virtue of this chapter by or under the direction of the Code Enforcement Officer or a borough employee, the Borough Administrator shall certify the cost thereof to the Council, which shall examine the certificate and, if found correct, shall charge the costs against the lands and the amount so charged shall become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 350-7 Salt storage.

[Added 4-10-2024 by Ord. No. 2024-3]

The purpose of this section is to prevent stored salt and other solid de-icing materials from being exposed to stormwater. This section establishes requirements for the storage of salt and other solid de-icing materials on privately owned properties not owned or operated by the Borough of Bradley Beach to protect the environment, public health, safety and welfare, and to prescribe penalties for failure to comply.

A. Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

DE-ICING MATERIALS

Any granular or solid material such as melting salt or any other granular solid that assists in the melting of snow.

IMPERVIOUS SURFACE

A surface that has been covered with a layer of material so that it is highly resistant to infiltration by water.

PERMANENT STRUCTURE

A permanent building or permanent structure that is anchored to a permanent foundation with an impermeable floor, and that is completely roofed and walled (new structures require a door or other means of sealing the access way from wind driven rainfall). A fabric frame structure is a permanent structure if it meets the following specifications:

(1) Concrete blocks, jersey barriers or other similar material shall be placed around the interior of the structure to protect the side walls during loading and unloading of de-icing materials;

(2) The design shall prevent stormwater run-on and run-through, and the fabric cannot leak;

(3) The structure shall be erected on an impermeable slab;

(4) The structure cannot be open sided; and

(5) The structure shall have a roll-up door or other means of sealing the access way from wind driven rainfall.

PERSON

Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.

RESIDENT

A person who resides on a residential property where de-icing material is stored.

STORM DRAIN INLET

The point of entry into the storm sewer system.

B. De-icing material storage requirements. Temporary outdoor storage of de-icing materials in accordance with the requirements below is allowed between October 15 and April 15:

(1) Loose materials shall be placed on a flat, impervious surface in a manner that prevents stormwater run-through;

(2) Loose materials shall be placed at least 50 feet from surface water bodies, storm drain inlets, and/or ditches or other stormwater conveyance channels;

(3) Loose materials shall be formed in a cone-shaped storage pile. If loading or unloading activities alter the cone-shape during daily activities, tracked materials shall be swept back into the storage pile, and the storage pile shall be reshaped into a cone after use;

(4) Loose materials shall be covered as follows:

(a) The cover shall be waterproof, impermeable, and flexible;

(b) The cover shall extend to the base of the pile(s);

(c) The cover shall be free from holes or tears;

(d) The cover shall be secured and weighed down around the perimeter to prevent removal by wind;

(e) Weight shall be placed on the cover(s) in such a way that minimizes the potential of exposure as materials shift and runoff flows down to the base of the pile. Sandbags lashed together with rope or cable and placed uniformly over the flexible cover, or poly-cord nets provide a suitable method. Items that can potentially hold water (e.g., old tires) shall not be used.

(5) Containers must be sealed when not in use; and

(6) The site shall be free of all de-icing materials between April 16 and October 14.

(7) De-icing materials should be stored in a permanent structure if a suitable storage structure is available. For storage of loose de-icing materials in a permanent structure, such storage may be permanent, and thus not restricted from October 15 to April 15.

(8) The property owner, or owner of the de-icing materials if different, shall designate a person(s) responsible for operations at the site where these materials are stored outdoors, and who shall document that weekly inspections are conducted to ensure that the conditions of this ordinance are met. Inspection records shall be kept on site and made available to the municipality upon request.

(9) Residents who operate businesses from their homes that utilize de-icing materials are required to perform weekly inspections.

C. Exemptions.

(1) Residents may store de-icing materials outside in a solid-walled, closed container that prevents precipitation from entering and exiting the container, and which prevents the de-icing materials from leaking or spilling out. Under these circumstances, weekly inspections are not necessary, but repair or replacement of damaged or inadequate containers shall occur within two weeks.

(2) If containerized (in bags or buckets) de-icing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements above. Piles of de-icing materials are not exempt, even if stored in a permanent structure.

(3) This section does not apply to facilities where the stormwater discharges from de-icing material storage activities are regulated under another NJPDES permit.

D. Enforcement. This section shall be enforced by the Code Enforcement Officer.

E. Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall have 72 hours to complete corrective action. Upon conviction for a violation of the provisions of this section, the violator(s) shall be subject to a fine not to exceed $500 for a first offense; $1,000 for a second offense; and $2,000 for a third or subsequent offense.