[Amended 2-10-2009 by Ord. No. 4176-09]
The 2006 International Property Maintenance Code, together with
any subsequent amendment, change or supplement thereto, is adopted
and incorporated as fully as if set out at length herein, save and
except such portions as are hereinafter deleted, modified or amended,
in and for the Township of Toms River.
The changes, additions and exceptions effective in this municipality
to said code are as follows (section references hereinafter set forth
are to sections as set forth in said code):
A.
Section 101.1 (page 1, second line): insert "Township of Toms River."
B.
Section 102.3 is deleted and replaced with, "Repairs, additions or
alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the State Uniform
Construction Code Act, the State Uniform Safety Act, and any other
standards or procedures required by the laws of State of New Jersey
and by federal law. If none are applicable, repairs, additions or
alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the International
Building Code, International Fuel Gas Code, International Mechanical
Code and the ICC Electrical Code."
C.
Section 103 (the title) is deleted and replaced with "Division of
Code Enforcement."
D.
Section 103.1 is deleted and replaced with, "The Code Enforcement
Officer shall be the supervisor of the Division of Code Enforcement
and act as supervisor of the Housing Inspection Division."
E.
Section 103.2 is deleted and replaced with "Inspections and issuing
orders in connection therewith under the provisions of the 2006 International
Property Maintenance Code shall be the exclusive responsibility of
the Division of Code Enforcement and the Housing Inspection Division."
F.
Section 103.3 is deleted and replaced with:
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103.3 Designees. The Code Enforcement Officer shall
have the authority to designate his duties to those individuals within
the Division of Code Enforcement and the Housing Inspection Division."
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G.
Section 103.5 is deleted.
I.
Section 106.3: replace "misdemeanor" with "ordinance."
J.
Section 106.4 shall also include the following as the last sentence:
"Any person, partnership, limited liability company, corporation or
other entity who shall violate any provision of this code, shall,
upon conviction hereof, be subject to a minimum fine of $100 and be
subject to the maximum fines and penalties established under N.J.S.A.
40:49-5 and 40:69A-29, and as same shall be amended from time to time.
Each and every day a violation of this code shall exist shall constitute
a separate violation."
[Amended 3-10-2015 by Ord. No. 4475-15]
K.
Section 107.2: replace "5. Inform the property owner of the right
to appeal" with "5. Inform the property owner that each day the violation
continues after the date set forth in the notice to cure shall automatically
be deemed a separate violation for each subsequent day."
L.
Section 109.6 is deleted.
M.
Section 110 is deleted and replaced with:
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110.1 Repair, closing, demolition; lien against the premises: The Construction Official of the Township of Toms River is designated
as the "public officer" for the purpose of exercising the powers of
this subsection.
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Whenever a petition is filed with a public officer by a public
authority or by at least five residents of the municipality charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the public officer, on his own motion, that
the building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charge in that respect and containing a notice that a hearing will
be held before the public officer, or his designated agent, at a place
therein fixed not less than 10 days nor more than 30 days after the
serving of said complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person or otherwise, and give testimony at the place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
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If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state, in writing, his findings of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
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1.
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Requiring the repair, alteration and improvement of the said
building to be made by the owner, within a reasonable time, which
time shall be set forth in the order or at the option of the owner
to vacate or have the said building vacated and closed within the
times set forth in the order; and
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2.
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If the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order or removal. A building permit will be required for
the demolition of a structure or for structural repairs or alterations.
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If the owner fails to comply with an order to repair, alter
or remove or, at the option of the owner, to vacate and close the
building, the public officer may cause such building to be repaired,
altered or improved or to be vacated and closed. The public officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
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If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or make contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
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The public officer shall state that the amount of the cost of
the filing of legal papers, expert witnesses' fees, search fees and
advertising charges incurred in the course of any proceeding taken
under this section determined in favor of the municipality, and such
costs of such repairs, alterations or improvements, or vacating and
closing, or removal or demolition, if any, or the amount of the balance
thereof remaining after deduction of the sum, if any, realized from
the sale of materials derived from such building or from any contract
for removal or demolition thereof, shall be a municipal lien against
the real property upon which such cost was incurred. If the building
was removed or demolished by a public officer, he shall sell the materials
of such building. There shall be credited against the cost of the
removal or demolition thereof the proceeds of any sale of such materials
or any sum derived from any contract for the removal or demolition
of the building. If there are no such credits or if the sum total
of such costs exceeds the total of such credits, a detailed statement
of the aforesaid costs and the amount so due shall be filed with the
municipal Tax Assessor or other custodian of the records of tax liens,
and a copy thereof shall be forwarded forthwith to the owner by registered
mail. If the total of the credits exceeds such costs, the balance
remaining shall be deposited in the Superior Court by the public officer,
shall be secured in such manner as may be directed by such court and
shall be disbursed according to the order or judgment of the court
to the persons found to be entitled thereto by final order of judgment
of such court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the municipality
to define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise. Any owner or party in interest
may, within 60 days of the filing of the lien certificate, proceed
in a summary matter in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
liens certificates.
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N.
Section 110.3 is deleted.
O.
Section 111 is deleted and replaced with:
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Section 111
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TOWNSHIP COUNCIL ACTIONS
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111.1 Abatement of nuisance; lien against the premises. The Township, by resolution of the Township Council, may abate a
nuisance, correct a defect or put a premises in proper condition so
as to comply with the requirements of this chapter or applicable statutes,
at the cost of the owner or lessor, and the Township may expend municipal
funds for such purposes and charge the same against the premises,
and the amount thereof, as determined by the Township council, shall
be a lien against the premises and collectible in the same manner
as other municipal liens.
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111.2 Removal of brush, debris, high grass, garbage, etc.;
lien against the premises. Where it shall be necessary and
expedient for the preservation of public health, safety or general
welfare, or to eliminate a fire hazard, the Township council may require
the owner or tenant of land to remove or destroy brush, weeds, including
ragweed, dead and dying trees, roots, obnoxious growths, high grass,
filth, garbage, trash and debris within seven days after notice to
remove or destroy the same. In cases where the owner or tenant shall
have refused or neglected to remove or destroy same in the manner
and within the time provided above, the Township council may provide
for the removal or destruction of the same by or under the direction
of a municipal officer. Where the same is removed or destroyed by
or under the direction of such municipal officer, such officer shall
certify the cost thereof to the Township council, who shall examine
the certificate and, if found correct, shall cause the cost as shown
thereon to be charged against the said land, the amount so charged
shall forthwith become and form part of the taxes next to be assessed
and levied 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.
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P.
Section 302.2 is deleted and replaced with:
[Amended 3-10-2015 by Ord. No. 4475-15[2]]
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302.2 Grading and drainage. All premises shall
be graded and maintained to prevent the erosion of soil and to prevent
the accumulation of stagnant water thereon, or within any structure
located thereon.
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Exception: Approved stormwater management areas
and reservoirs. No sump pump outlet shall drain or be pumped directly
or indirectly onto a sidewalk or public street. A sump pump outlet
must be terminated within the area of the lot on which it is located
and shall not discharge onto adjoining properties.
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[2]
Editor's Note: This ordinance also redesignated former Subsection
P as Subsection Q.
Q.
Section 302.4 (page 9, second line): insert "10 inches."
Ten copies of the said code, entitled the "2006 International
Property Maintenance Code," as prepared and published by the International
Code Council, marked with amendments and deletions hereinabove set
forth, are to be filed in the office of the Township Clerk of the
Township of Toms River and shall remain on file there for use and
examination by the public.
