[Adopted 10-9-1984 by Ord. No. 842]
[Amended 5-8-1991 by Ord. No. 994-91]
Any owner and/or applicant for a certificate
of occupancy, a certificate of continued occupancy, permit, license,
variance, subdivision of land, construction permit, subcode permit,
easement or any other relief that can be granted by the governing
body or any official, officer, board, agency or subagency, regarding
any real estate or activity upon or in any real estate located in
the Borough of Atlantic Highlands, as a condition for the issuance
or renewal of any of the aforementioned permits, licenses, etc., shall
secure in writing from the appropriate Borough officer, a statement
that all real estate taxes, water charges, sewer charges and assessments
have been paid to a current basis for the property on which the activity
or business in question is to take place. In the event that property
taxes or assessments are unpaid to a current basis, no permits or
licenses shall be issued until all such payments have been made by
or on behalf of the property owner.
No relief referred to in §
323-1 of this article shall be issued by the governing body, board, agency, subagency, officer or employee unless all real estate taxes, water charges and/or sewer bills have been paid through the calendar year quarter of the time of the application.
[Amended 5-8-1991 by Ord. No. 994-91]
Whenever a property owner has failed to pay
the taxes due on the property for at least three consecutive quarters,
the Borough may, upon notice to the licensee and property owner, revoke
or suspend any license or permit until the payment of the delinquent
taxes and assessments is made. Upon payment of the delinquent taxes
or assessments, the license or permit shall be restored.
[Amended 5-8-1991 by Ord. No. 994-91]
The provisions of this article shall not apply
to nor include any alcoholic beverage license or permit issued pursuant
to the Alcoholic Beverage Control Act.
[Amended 5-8-1991 by Ord. No. 994-91]
The provisions of this article shall apply to
all other permits and licenses issued by, or requiring approval of,
the Borough of Atlantic Highlands, or any of its Boards or Agencies
or Offices, including but not limited to:
A. Permits required pursuant to the Uniform Construction
Code.
B. Certificates of occupancy, provided, however, that
if a certificate of occupancy is needed for closing of title, a conditional,
temporary certificate of occupancy may be issued upon delivery of
executed contracts to the Borough Clerk for the sale of said property.
The conditional, temporary certificate of occupancy shall be contingent
upon the payment of all taxes at the time of closing of title; and
if not paid at closing, the conditional, temporary certificate of
occupancy shall be deemed revoked.
C. Food establishment licenses.
[Adopted 12-13-1995 by Ord. No. 9-95]
The Legislature has determined that various statutes authorized
by N.J.S.A. Const. Art. 8 § 1, par. 6, permitting municipalities
to grant, for periods of up to five years, exemptions from taxation
in areas in need of rehabilitation, have proven to be effective in
prompting construction and rehabilitation of residential and commercial
structures threatened with economic decline. The Legislature adopted
Chapter 441 of the Laws of 1991 (N.J.S.A. 40A:21-1 et seq.) so as
to consolidate and make more coherent the most useful features of
such statutes. Chapter 441 provides that if the governing body determines
that there are trends in the municipality toward deterioration which
it believes will, unless countered by such incentive, inexorably tend
toward further deterioration, the governing body may adopt an ordinance
granting tax exemptions throughout the municipality to the same extent
as if the municipality's neighborhoods had been determined to be in
need or rehabilitation. It is the opinion of the Council that in the
present economic times there exists an unwillingness of owners of
property to properly maintain and improve their properties arising
from the perception that the making of such improvements will cause
taxes to rise. These feelings create a circle whereby repairs and
improvements are delayed, deterioration begins to set in, and the
neighborhood itself begins to deteriorate. The Borough Council believes
that by exempting for a limited period a portion of such improvements
from taxation, much of the unwillingness and fear noted would be dissipated
and owners and investors would be encouraged to rehabilitate and improve
properties. By doing so, they would improve the Borough and preserve
the Town for the future. The Council, being cognizant of these facts,
does hereby grant the tax exemptions set forth in this article.