[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 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.
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:
Sections 5:10-1.1-1 through 5:10-1.5 and 5:10-3.1 through 5:10-3.4 are deleted.
Sections 5:10-25.1 through 5:10-25.5 are deleted.
Section 5:10-6.4 is amended to add subsection (c), which shall read in its entirety as follows:
Section 5:10-13.1 is amended to add subsections (f) and (g), which shall read in their entirety as follows:
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]
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]
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.
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]
Registration with Code Enforcement Officer required.
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.
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.
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.
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]
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:
Be in writing.
Include a description of the real estate sufficient for identification.
Include a statement of the reason or reasons why the notice is being issued.
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]
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]
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.
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.