The following types of properties and improvements are hereby
found to be subject of the potential to endanger or be likely to endanger
persons or property and, therefore, are subject to the maintenance
requirement of this article:
A. Buildings which are found by the Code Enforcement Officer or the
Building Department of the Borough of Beach Haven to violate applicable
building codes.
B. Buildings which are found by the Code Enforcement Officer or the
Building Department of the Borough of Beach Haven to be in such state
of disrepair as to endanger or be likely to endanger persons or property.
C. Retaining walls and structures which are found by the Code Enforcement
Officer or the Building Department of the Borough of Beach Haven in
such state of disrepair as to permit the fill or material intended
to be retained to spill through or leak through the said retaining
walls or structures.
D. Fences and walls found by the Code Enforcement Officer or the Building
Department of the Borough of Beach Haven in such state of disrepair
and lack of maintenance so as to be a danger to or likely to endanger
persons or property.
E. Bulkheads on the waterways of the Borough of Beach Haven found by
the Code Enforcement Officer or the Building Department of the Borough
of Beach Haven to be in such state of disrepair as to permit the earth
or fill behind the bulkhead to wash into the tidal waters abutting
the bulkhead.
F. Bulkheads abutting the tidal waters of the Borough of Beach Haven
found by the Code Enforcement Officer or the Building Department of
the Borough of Beach Haven to be in such state of disrepair as to
permit sink holes or depressions to develop behind the bulkhead.
G. Bulkheads abutting the tidal waters of the Borough of Beach Haven
found by the Code Enforcement Officer or the Building Department of
the Borough of Beach Haven to be in such state of disrepair so as
to be in danger of collapse into the waterways upon which they abut.
H. Bulkheads found by the Code Enforcement Officer or the Building Department
of the Borough of Beach Haven to be in such state of disrepair as
to endanger or to be likely to endanger persons or property.
I. Docks found by the Code Enforcement Officer or the Building Department
of the Borough of Beach Haven to be in such state of disrepair and
lack of maintenance as to be in danger of collapse or to endanger
the safety of persons walking on or otherwise utilizing said docks
or to otherwise endanger or be likely to endanger person or properties.
J. Depressions or holes found by the Code Enforcement Officer or the
Building Department of the Borough of Beach Haven existing or created
behind bulkheads and retaining walls as a result of disrepair of such
bulkheads or retaining walls which may endanger or be likely to endanger
persons or property.
K. The storage of permitted materials found by the Code Enforcement
Officer or the Building Department of the Borough of Beach Haven to
be stored in such manner as to endanger or to be likely to endanger
persons or property.
L. The storage of boats found by the Code Enforcement Officer of the
Borough of Beach Haven to be stored in such a manner as to endanger
or to be likely to endanger persons or property.
M. Curbs and sidewalks found by the Code Enforcement Officer or the
Building Department to be in such a state of disrepair by not being
maintained free from hazardous conditions.
[Added 4-10-2017 by Ord.
No. 2017-9C]
Where the Code Enforcement Officer or the Building Department of the Borough of Beach Haven finds a violation of any of the maintenance requirements hereinabove set forth in §
151-12, the said Code Enforcement Officer or the Building Department of the Borough of Beach Haven shall cause written notification to be served on the owner of the property where the violation exists by regular mail and certified mail or equivalent, such notice giving the property owner 30 days within which to correct the situation and further advising the property owner that for a failure to do so a summons shall be issued for each day thereafter for which the violation is permitted to exist and that for a failure to correct the situation the Borough of Beach Haven shall make the required correction and charge all costs associated therewith to the owner as hereinbelow set forth in §
151-14.
Where a violation noticed by the Code Enforcement Officer or
the Building Department of the Borough of Beach Haven exists beyond
the 30 days provided for in the notice sent by the Code Enforcement
Officer or the Building Department of the Borough of Beach Haven to
the property owner where the violation exists, a report shall be immediately
forwarded to the Borough Manager who shall cause advertisement for
bids to correct the violation and, upon receipt of bids, the bids
shall be forwarded to the counsel of the Borough of Beach Haven who
shall authorize the award of a contract to the lowest responsible
bidder to correct the situation and the cost thereof shall then be
assessed against the owner of the property in such manner as taxes
are assessed and the cost of the requisite repairs shall be a lien
on the property in the same manner as taxes. The cost shall include
not only the award of the contract to the successful bidder but shall
also include the entire cost of the abatement including any and all
attorneys fees for preparation of any required documents and any and
all costs and fees incurred for advertising for public bid.
[Amended 8-13-2012 by Ord. No. 2012-12C]
Any violation of Chapter
151 shall be punished as prescribed in the following penalties:
A. Penalties.
As an accommodation to the taxpayers, residents and visitors to the
Borough of Beach Haven, the Property Maintenance Ordinance will be
enforced, in the first instance, by the imposition of civil penalties
assessed by the Code Enforcement Officer of the Borough of Beach Haven
or any police officer of the Beach Haven Police Department. A civil
penalty notice issued by any of these enforcing officials shall bear
a civil penalty of $100 for the first violation and $200 for the second
violation. Third and subsequent violations shall be prosecuted in
the Municipal Court of the Borough of Beach Haven by the issuance
of a summons and complaint issued by any of the two above-named officials.
B. Where any civil penalty assessed as provided in Subsection
A above has not been paid and satisfied within 30 days of assessment, a summons issued from the Municipal Court of the Borough of Beach Haven shall be issued to the property owner of the offending property. The summons may be issued by the Code Enforcement Officer of the Borough of Beach Haven and any such summons shall be signed in the presence of the Court Clerk of the Municipal Court or by any officer of the Beach Haven Police Department. Upon conviction, a defendant shall be subject to a fine not to exceed $1,000 or incarceration in the Ocean County jail for a term not to exceed six months, or both such fine and imprisonment.