[HISTORY: Adopted by the Borough Council of the Borough of Seaside Heights as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-18-2013 by Ord. No. 13-28]
The purpose of this article is to promote the public health, safety and welfare by requiring the installation of privacy fencing around abandoned construction sites within the Borough of Seaside Heights.
As used in this article, the following terms shall have the meanings indicated:
- PRIVACY FENCE
- Sight-obscuring fence of opaque material having qualities as to constitute a visual barrier from neighboring properties or public rights-of-way. Privacy fences required under this article shall be no less than eight feet in height.
- Opaque or having such qualities as to constitute a visual barrier to persons outside the perimeter of the sight-obscuring object.
- SUBSTANTIAL ABANDONMENT
- The cessation of construction activity for a period of at least 30 days.
A sight-obscuring privacy fence of at least eight feet in height and constructed of a solid material is required completely surrounding any construction project which has been substantially abandoned for a period of at least 30 days.
The sight-obscuring privacy fence must be constructed in a professional and workmanlike manner and kept in good repair and be made of traditional fencing materials such as wood, plastic or vinyl, masonry, brick, stone, cinder block. The privacy fence must be fully opaque. If any open fencing material is used, it must be backed by a solid material. Under no circumstances will plywood, non-fencing-quality plastic material or paper be permitted as a backing material.
The Construction Code Official and the Code Enforcement Officer are hereby designated as the Public Officer(s) authorized to enforce the provisions of this article.
Any person violating or failing to comply with any other provision of this article shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, by imprisonment 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.