Borough of Oceanport, NJ
Monmouth County
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Table of Contents
Table of Contents
[Adopted 10-3-2013 by Ord. No. 920[1]]
Editor's Note: This ordinance also repealed former Ch. 295, Property Maintenance, adopted 10-18-2007 by Ord. No. 831, as amended.
[Amended 3-21-2019 by Ord. No. 996]
A certain document, three copies of which are on file in the office of the Borough Clerk of Oceanport, being marked and designated as the "International Property Maintenance Code, 2017 edition," or hereinafter published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Oceanport, 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 issuance 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 Oceanport Borough 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 § 295-2 of this article.
[Amended 3-21-2019 by Ord. No. 996]
The following sections of the International Property Maintenance Code are hereby revised:
Section 101.1. Insert: Borough of Oceanport.
Section 103.5. Insert: Schedule A: Fees.[1]
Editor's Note: Schedule A is included as an attachment to this chapter.
Section 111, Means of Appeal, is hereby deleted.
Section 112.4. Insert: $100, $1,000.
Section 113, Certificate of Occupancy, is hereby added as a new section to read as follows:
[Amended 10-17-2019 by Ord. No. 1010]
113.1. Certificate of occupancy required for rental/resale and transfer of title; forms; fees; conditional approval: No owner, owner of rental properties, agent of owner, real estate agent or broker, firm, company, partnership, corporation or person or persons shall sell, rent, transfer, grant, lease, let or mortgage with right of occupancy or otherwise dispose of the ownership or occupancy thereof, whether or not for a consideration and whether such disposal of ownership or occupancy be temporary or permanent, any dwelling unit, hotel, motel, rooming unit, boardinghouse or premises on which a building is located and is used for human occupancy unless a certificate of occupancy certifying that the building and premises are in compliance with all other ordinances of the Borough of Oceanport. Such certificate of occupancy shall be granted or denied within 21 days from the date of the application for same. All applications are subject to review for open permits or outstanding violations, which shall be satisfactorily addressed prior to any inspection by the Housing Inspector being scheduled.
1. The Housing Inspector shall cause to be prepared appropriate application forms, including a copy of the lease between owner and tenant, for such certificate of occupancy, which forms shall be available in the Building Department. The Housing Inspector shall also cause to be prepared appropriate forms of such certificate of occupancy.
2. A charge of $65 for rentals and transfers of ownership, to cover the cost of inspection in connection with such applications, shall be paid to the Building Department at the time the application is filed and shall not be refundable. A charge of $50 for each reinspection related to temporary certificate or nonoccupancy certificate shall be paid to the Building Department prior to issuance of a final certificate of occupancy. A charge of $125 will apply to any request for applications eligible for an expedited certificate.
3. Whenever the Housing Inspector shall have made an inspection of any property as herein provided in connection with a proposed sale of such property and upon determining that one or more violations of this code exist, the Housing Inspector shall, upon request of the owner of such property, distinguish between those violations that may endanger the public health or safety and those which do not. All public health and safety violations shall be corrected immediately. Upon receipt of a letter signed by any prospective purchaser of such property acknowledging the existence of those violations which do not endanger the public health or safety and accepting responsibility for the corrections of such violations, the Housing Inspector may issue a conditional certificate of occupancy enumerating the violations remaining to be corrected and specifying the time within which such violations should be corrected, which time shall be commensurate with the nature of the violations to be corrected.
113.2. Short-term rental property prohibited uses. Notwithstanding anything to the contrary contained in the Borough Code, it shall be unlawful for an owner, lessor, sublessor, any other person(s) or entity(ies) with possessory or use rights in a dwelling unit, their principals, partners or shareholders, or their agents, employees, representatives and other person(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, or advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of 90 days or less. Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit for a rental period of more than 90 days.
113.3. Sublease of any rental property. Any conditions pertaining to subleasing of rental property will require a new certificate of occupancy and full disclosure from the property owner.
113.4. Violations and penalties. Any person or organization that shall violate any provision of this article shall be subject to a penalty as set forth below:
Unless another penalty is expressly provided by New Jersey statute, any person, firm or corporation in violation of this section may be subject to a penalty of $500.
A second offense of this section may be subject to a fine of $1,000.
A third offense of this section may be subject to a fine of $2,000.
Chapter 2, Definitions.
[Amended 3-21-2019 by Ord. No. 996]
Section 202 General Definitions
ADVERTISE or ADVERTISING — Any form of solicitation, promotion and communication for marketing, used to solicit, encourage, persuade or manipulate viewers, readers or listeners into contracting for goods and/or services in violation of this ordinance, as same may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this ordinance.
[Added 10-17-2019 by Ord. No. 1010]
CODE OFFICIAL — The official who is charged with the administration and enforcement of this code, or any duly authorized representative. The duly authorized representative for certificates of occupancy for rentals and transfers of title shall be known as the "Housing Inspector."
CONSIDERATION — Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration, including a promise or benefit, a quid pro quo, rent, fees, other form of payment or thing of value.
[Added 10-17-2019 by Ord. No. 1010]
DWELLING UNIT — Any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guests, for consideration for a period of 90 days or less.
[Added 10-17-2019 by Ord. No. 1010]
GROUNDWATER — Water that is found underground in the cracks and spaces in soil, sand and rock.
HOUSEKEEPING UNIT — Constitutes a family-type situation involving one or more persons living together that exhibit the kind of stability, permanency and functional lifestyles equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.
[Added 10-17-2019 by Ord. No. 1010]
MUNICIPAL SEPARATE STORM SEWER SYSTEM — A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough or other public body and is designed and used for collecting and conveying stormwater.
OCCUPANT — Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessor rights within a dwelling unit.
[Added 10-17-2019 by Ord. No. 1010]
OWNER — Any person(s) or entity(ies), association, limited-liability company, corporation or partnership or any combination who legally uses, possesses, owns, leases, subleases or licenses (including an operator, principal, shareholder, director, agent or employee, individual or collectively) that has charge, care, or control of or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, or occupancy agreement or any other agreement.
[Added 10-17-2019 by Ord. No. 1010]
PERSON — An individual, firm, corporation, association, partnership, limited liability company, association, entity and any person(s) and/or entity(ies) acting in concert or any combination therewith.
[Added 10-17-2019 by Ord. No. 1010]
RESIDENTIAL OCCUPANCY — The use of a dwelling unit by an occupant(s).
[Added 10-17-2019 by Ord. No. 1010]
SEEPAGE PIT — A chamber or tank constructed below grade for the purpose of recharging water into the ground. The chamber may be preformed of composite materials or built to suit. The chamber shall hold at least 50 gallons and shall have perforated bottom and sides.
STORMWATER — Water resulting from precipitation (including rain and snow) that runs off the surface of the land, is transmitted to the subsurface, and is captured by storm sewers or other drainage facilities.
SUMP PIT — A space into which a sump pump is installed, designed to provide sufficient depth and volume for proper performance of the pump.
SUMP PUMP DISCHARGE — The end of the pipe from the sump pump where water becomes unconfined and reverts to gravity flow.
SUMP PUMP — A pump, with related valves, pipe and fittings, installed for the purpose of evacuating water, usually from a basement area.
Section 302.4. Insert: 12 inches.
Section 304.14. Insert: May 1 to October 1.
Chapter 5, Plumbing Facilities and Fixture Requirements.
[Added 3-21-2019 by Ord. No. 996]
Section 508, Sump Pumps, is hereby added as a new section, to read as follows:
Section 508 Sump Pumps
508.1 Installation. All residential and commercial structures having a storage or habitable area below grade may install there a sump pit and a sump pump upon approval by the Borough plumbing subcode official. All sump pumps shall be installed and inspected in compliance with the plumbing and building codes of the Borough and the requirements of this article. All necessary permits must be obtained and fees paid before installation commences.
508.2 Location. A sump pump must discharge through permanent, rigid piping. The sump pump discharge shall be located no less than 10 feet from the building unless the Borough Engineer determines in advance in a particular case that compliance with this requirement is not practicable and for this reason approves, in writing, an alternative location.
508.3 Discharges. A sump pump shall not discharge water, either directly or indirectly: [i] into the sanitary sewer system; [ii] onto any public right-of-way (sidewalk or roads), unless approved in advance and in writing by the Borough Engineer; or [iii] into the municipal separate stormwater sewer system, unless also approved in advance and in writing by the Borough Engineer. In connection with any such advance approvals, the Borough Engineer may require that water be routed to a seepage pit with only the overflow discharging to the public right-of-way or municipal separate stormwater sewer system.
508.4 Approval by Engineer. In connection with required approvals by the Borough Engineer, the person requesting the approval shall make the request through submission of a street right-of-way opening application. All recommendations for approval by the Borough Engineer shall be forwarded to the Borough Clerk for issuance of a street right-of-way opening permit.
508.5 Inspections. The Borough reserves the right to use whatever tests are available to determine the existence of illicit connections. It also reserves the right to inspect properties in order to enforce these prohibitions. If a test is used which might cause some discomfort if an illicit connection exists, it shall be recognized that any discomfort, or other effect of the test, is of less value and importance than the effects of such illicit connection on the health, comfort and welfare of the residents of the Borough, and, consequently, there shall be no cause for action against the Borough in law or in equity.
508.6 Violations. Any owner or occupant of a property found to have caused or permitted a discharge or to have constructed, installed or permitted the construction or installation of a sump pump in violation of this article shall be subject to a minimum fine of $100 per day for each day a violation continues, beginning on the 14th day from service of notice of the violation. Each day a violation continues shall be deemed a separate offense.
Section 602.3. Insert: October 1 to May 1.
Section 602.4. Insert: October 1 to May 1.