Editor's Note: See subsection 2-19.4 of this Code for provisions for an All Code Agreement regulating all types of Construction Code inspections. Inspection of rental units and adoption of Property Maintenance Code, see Code Section 4-9.
[Ord. #550, S 24A-1; Ord. #2002-07, S 1]
There is hereby established in the Borough of Point Pleasant, a State Uniform Construction Code Enforcing Agency to be known as the Department of Inspections, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency.
Each official position created in paragraph a. hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one (1) such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
The public shall have the right to do business with the Enforcing Agency at one office location, except in cases of emergencies and unforeseen or unavoidable circumstances.
The Regulations for the New Jersey Uniform Construction Code as promulgated by the Commissioner of the New Jersey Department of Community Affairs, pursuant to the authority of the State Uniform Construction Code Act (P.L. 1975, c. 217, as amended), together with any subsequent amendments, changes or supplements thereto, is hereby adopted in and for the Borough of Point Pleasant.
[Ord. #550, S 24A-3; Ord. #558, S 24A-3; Ord. #688, S 1; Ord. #694, S 1; Ord. #798, S 3; Ord. #90-19, SS 1, 2: Ord. #91-31, S 1; Ord. #91-36, S 1; Ord. #92-53, S 1; Ord. #93-21, S 1; Ord. #97-17, S 1; Ord. #2002-07, S 2; Ord. #2002-15; Ord. #16-2006, S 1; Ord. #2006-27, S 1; Ord. #2007-15, S 1; Ord. #2008-7; Ord. #16-2008; Ord. #2010-19; Ord. #2015-13; Ord. #2015-21, § 1; Ord. #2018-11]
Fees for Construction Permits.
[Ord. No. 2017-16; Ord. No. 2018-11; amended 7-27-2020 by Ord. No. 2020-06]
The building subcode fees shall be as follows:
For new construction: All fees shall be based on the volume of the structure and volume computation shall be made pursuant to N.J.A.C. 5:23-2.28. Use groups and types of construction are to be classified and defined as established in Articles 3 and 4 of the Building Subcode.
New residential construction, alteration, or renovation:
New construction all other use groups:
Large, open volume structures such as barns, silos, greenhouses, warehouses and similar structures: $00.020.
Renovations, alterations and repairs, including uncovered porches, decks, fences > six feet et cetera fee based on the estimated cost of work:
Siding R3 and R5: $150.
Sheds (if applicable).
Fireplace and masonry chimney: $90.00.
Wood burning stoves and chimney: $90.00.
Elevator permits subject to N.J. State Permit Fees.
Temporary structures/other structures that volume cannot be computed:
[Ord. No. 2017-16; Ord. No. 2018-11; amended 7-27-2020 by Ord. No. 2020-06]
Electrical subcode fees shall be as follows:
The Fire Protection Subcode Fees shall be as follows:
Elevator Devices. The fee for elevator devices where applicable shall be in accordance with N.J.A.C. 5:23-12.6. The State of New Jersey, DCA is the Elevator Subcode.
Plan Review Fee:
The Construction Official shall with the advice of the subcode officials, prepare and submit to the Borough Council of the Borough, biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the Borough fairly attributable to the enforcement of the State Uniform Construction Code Act.
In order to provide training, certification and technical support programs required by the State Uniform Construction Code Act and the regulations, the Enforcing Agency shall collect, in addition to the fees specified above, a surcharge fee of $0.0019 per cubic foot of volume of new buildings and additions. Volume shall be computed in accordance with the regulations promulgated under the Uniform Construction Code Act. The fees for all other construction shall be $0.96 per $1,000.00 of value of construction. The surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarters ending September 30, December 31, March 31 and June 30, and not later than one (1) month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, the fee shall be collected and remitted for the third and fourth quarters.
The Enforcing Agency shall report to the Bureau of Housing Inspection annually, at the end of each fiscal year and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, the report shall be for the third and fourth quarters only.
[Ord. #92-60, S 1]
All builders undertaking construction projects in the Borough of Point Pleasant shall, as a prerequisite to the Construction Official's final inspection of the building in question, supply to the Borough Construction Official verified written documentation that debris resulting from said construction has been properly disposed of with the location and method of said disposal being made known therein.
[Ord. #368, S 28-1; Ord. #499, S 28-1]
Whenever it shall be made to appear to the satisfaction of the Zoning and Code Enforcement Officer that there exists in the Borough any building, wall or structure which is or may become dangerous to life or health, or which might tend to extend a conflagration, the Zoning and Enforcement Officer shall prepare to abate same in accordance with Section 2-15 of this Code of the Borough of Point Pleasant.
[Ord. #411, S 55-2; Ord. #501, S 55-2]
For the purpose of this Section, the Zoning and Code Enforcement Officer may determine that a dwelling is unfit for human habitation if he/she finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the Borough. Such conditions may include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities, dilapidation; disrepair, structural defects or uncleanliness.
[Ord. #411, S 55-3; Ord. #501, S 55-3; Ord. #91-26, S 1]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1), the New Jersey State Housing Code, as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office, is hereby accepted, adopted and established as a standard to be used as a guide in determining the fitness of a building for human habitation, occupancy or use. A copy of the New Jersey State Housing Code is annexed to this Section and three (3) copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
Public Water Supply System. It is hereby determined by the Borough Council that the reasonable distance, as defined by the New Jersey State Housing Code, within which a residential, commercial or industrial building located on a public street must connect to the public water supply system is two hundred (200') feet. If the property line of the subject premises is within two hundred (200') feet of the public water supply system a connection conforming with the standards set forth in the Code shall be made thereto.
[Ord. #411, S 55-4; Ord. #501, S 55-4]
Whenever a petition is filed with the Zoning and Code Enforcement Officer by a public authority, as defined in N.J.S.A. 40:48-2.4, or by any resident or any elected or appointed official of the Borough, charging that any dwelling is unfit for human habitation, as herein defined, or whenever it appears to the Zoning and Enforcement Officer, on his own motion, that any dwelling is unfit for human habitation, as herein defined, he/she shall proceed in the manner prescribed by Section 2-15 of this Code of the Borough of Point Pleasant.
[Ord. # 713, S 1]
Each parcel of real estate abutting or bordering upon the public streets in the Borough shall be numbered.
Each parcel shall be known and designated by the number indicated on the current official tax maps of the Borough, adopted and filed in the office of the Tax Assessor.
Such maps are hereby adopted as the official maps of the Borough for the purpose of establishing street numbers, and the numbers shown on the maps are hereby established as the proper numbers of such parcels of real estate.
[Ord. #713, S 2; Ord. # 1998-28, S 1]
The owner of every dwelling house, store or other building which now or hereafter fronts upon a public street on which the proper number is not now placed shall cause the proper number to be placed upon such dwelling house, store or other building. All existing buildings must be appropriately numbered within thirty (30) days of the passage of this section.
The house number shall be placed within two (2') feet of the door fronting upon said public street with respect to each dwelling house, store or other building. Said numbers must be plainly visible from the abutting curb line and must be at least three (3") inches in height. In the event there is no door which fronts upon a public street, said house numbers shall be placed within two (2') feet of the nearest corner of the dwelling house, store or other building which is closest to the curb line.
[Ord. #713, S 3; Ord. #1998-28, S 1]
The owner of every dwelling house, store or other building that may be erected shall cause the proper number to be placed on such dwelling house, store or other building within thirty (30) days after it has been erected.
The house number shall be placed within two (2') feet of the door fronting upon said public street with respect to each dwelling house, store or other building. Said numbers must be plainly visible from the abutting curb line and must be at least two and one-half (2 1/2") inches in height. In the event there is no door which fronts upon a public street, said house numbers shall be placed within two (2') feet of the nearest corner of the dwelling house, store or other building which is closest to the curb line.
[Ord. #713, S 4]
[Ord. #713, S 5]
If the owner of any lot shall desire to renumber such lot he/she shall apply to the Tax Assessor by petition.
The petition shall be accompanied by a properly prepared map showing the changes desired, and clearly showing how the numbers for the entire block would stand if such renumbering is ordered.
The applicant shall present with his petition proof by affidavit that a copy of the petition, together with notice of his intention to apply to the Tax Assessor has been served upon all of the owners of property fronting on the block or published in all the official papers of the Borough at least ten (10) days prior to the date of presentation of the petition.
The Tax Assessor by written direction may order the block to be renumbered in a manner specified in such application or in any manner that he/she may deem best.
Petitioners who are dissatisfied with the Tax Assessor's decision may appeal it to the Mayor and Council for final decision.
If the Tax Assessor orders a change in the numbering of the block, a map duly authenticated shall be filed in his office, where such maps are filed as required by law, showing the changes as made. Upon the map being so filed, the numbers designated thereon shall, as to the block in question supersede those numbers on the original maps referred to in this Section.
[Ord. #713, S 6]
This Section shall be enforced by the Zoning and Enforcement Officer utilizing the enforcement procedures outlined in Chapter II, Section 2-15.
[Ord. #713, S 7]
Any person convicted of a violation of this Section shall be liable for a penalty as established in Chapter I, Section 1-5.
See also Code Section 4-9, Certificate of Occupancy and Inspection on Certain Rental Units; Property Maintenance Code Adopted.
[Ord. #92-48, S 2; Ord. #1999-22, SS 1, 2; Ord. #2003-15, S 2]
Adoption of Code. The 2000 BOCA National Property Maintenance Code, is hereby adopted and incorporated herein, as if fully set forth at length, save and except such portions as are hereinafter deleted, modified or amended, in and for the Borough of Point Pleasant.
Where Code May Be Examined. Three (3) copies of the Building Officials and Code Administrators (BOCA) Basic Property Maintenance Code (2000) have been placed on file in the office of the Borough Clerk and will remain on file there for the use and examination of the public. Copies shall be available for purchase at a cost determined by resolution of the Governing Body of the Borough.
Changes, Additions and Exceptions. 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):
Section PM-101.1 (page 1, second line: Borough of Point Pleasant).
Section PM-105.0 (Duties and Powers of Code Official).
The following subsection PM-105-12 is added:
Reinspection-Change of Occupancy. All buildings and structures, and units thereof, that are leased or rented in the Borough of Point Pleasant and subject to the provisions of this Code shall be inspected by the Zoning and Code Enforcement Officer or his representative on every initial occupancy or change of occupancy after the effective date of this ordinance, but there shall not be more than one (1) such inspection of each leased or rented unit in any calendar year. Upon making such inspection and determining that this Code has been complied with, the Zoning and Code Enforcement Officer shall issue a certificate indicating the date and fact that such buildings or structures, or units thereof, are in full compliance, as indicated by the completed inspection.
The owner of the inspected property shall be responsible for notifying, in writing, the Zoning and Code Enforcement Officer in order that an inspection or reinspection may be made before an initial occupancy or before any actual change of occupancy after the effective date of this ordinance.
The owner of the inspected property shall be responsible for the correction of violations of this Code as indicated in a written notification by the Zoning and Code Enforcement Officer or his representative to the owner.
Upon the correction of the violations, the owner of the inspected property shall notify, in writing, the Zoning and Code Enforcement Officer, in order that a reinspection, for the purpose of requiring correction of the earlier violations, may be made. This procedure shall be followed and repeated until all violations have been corrected.
The owner of the inspected property shall be charged a fee of twenty-five ($25.00) dollars, for the initial inspection and the issuance of the aforesaid certificate, for each separate leased or rented unit inspected for the aforesaid purposes. A fee of twenty-five ($25.00) dollars for each separate leased or rented unit reinspected shall be charged the owner for each reinspection that may be required. The aforesaid fees shall be paid to the Borough of Point Pleasant prior to the aforesaid inspection or reinspection(s).
A copy of the aforesaid certificate shall be posted by the owner of the inspected property in each separate leased or rented unit inspected, prior to an initial occupancy or actual change of occupancy of the particular unit inspected, after the effective date of this ordinance.
The following amendments are hereby made to the respective portions of the BOCA National Property Maintenance Code.
Section PM 105.1. General, is amended by the substitution of the following for the first sentence thereof:
Inspection of premises and issuing of orders in connection therewith under the provisions of this code shall be the exclusive responsibility of the Zoning and Code Enforcement Officer.
Section PM 106.2. Penalty, is amended to read as follows:
PM 106.2. Penalty for violations: Any person, firm, corporation or other entity who shall violate or cause to be violated any provision of this code shall be subject to a fine of not less than three hundred ($300.00) dollars nor more than one thousand ($1,000.00) dollars or imprisonment for not more than ninety (90) days, or both. Each day that a violation continues after due notice has been served may be deemed a separate offense and/or a continuing violation.
Section PM 111.0. Means of Appeal, is deleted in its entirety.
Section PM 109.5 is amended to read as follows:
Section PM 109.5. Abatement of nuisance; lien against the premises:
The Borough, by resolution of the 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 sole cost and expense of the owner or lessor, and the Borough may expend municipal funds for such purposes and charge the same against the premises, and the amount thereof, as determined by the Borough Council shall be a lien against the premises and collectible in the same manner as other municipal liens.
Section PM 109.6 is amended to read as follows:
PM 109.6. Repair, closing, demolition; lien against the premises: The Construction Official of the Borough of Point Pleasant is designated as the "public officer" for the purpose of exercising the powers of this subsection.
Whenever a petition is filed with a public officer by a public authority or by at least five (5) 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 notice in accordance with PM 107.1 et seq. 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 ten (10) days nor more than thirty (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.
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/she 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:
Requiring the repair, alteration and improvement of 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
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.
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, and the owner has not sought and obtained a stay by a court of competent jurisdiction, 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."
If the owner fails to comply with an order to remove or demolish the building, and has not sought and obtained a stay by a court of competent jurisdiction, 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.
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/she 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 certified 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 judgment of such court; provided, however, that nothing in this section shall be construed or 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 sixty (60) days of the filing of the lien certificate, proceed in a summary manner in the Superior Court solely to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificates.
Section PM 109.7 is added to read as follows:
PM 109.7. Removal of brush, debris, 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 Borough Council may require the owner or tenant of land to remove or destroy brush, weeds including ragweed, dead and dying trees, roots, obnoxious growths, filth, garbage, trash and debris within ten (10) days after notice to remove or destroy the same. Notice shall be made as provided for in PM 107.1 et seq. 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 Borough 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 Borough 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. Notice of the amount so charged as a lien against the land shall be forwarded to the owner by certified mail. Any owner or party in interest may, within sixty (60) days of the filing of the lien certificate, proceed in a summary manner in the Superior Court solely to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificates.
The applicable dates referred to in Section PM 304.15 of the BOCA National Property Maintenance Code are to be May 15 to October 1.
The applicable dates referred to in Section PM 602.2.1 of the 1996 BOCA National Property Maintenance Code are to be October 1 to May 15.
The applicable dates referred to in Section PM 602.3 of the 1996 BOCA National Property Maintenance Code are to be October 1 to May 15.
The "Code Official" as referred to in the 1996 BOCA National Property Maintenance Code shall be the Construction Official or his designee including but not limited to the Code Enforcement Officer.
[Ord. #368, S 67-1; Ord. #595, S 1; New; Ord. #90-20, S 1; Ord. #92-48, S 1; Ord. #94-17, S 1; Ord. #2013-17, S 3]
It shall be unlawful for any owner or possessor of any land in this Borough to do any of the following things:
Permit such land to be covered with or contain brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, manure, trash, refuse or debris, mounds of dirt, or any combination of said items, which would either tend to start a fire, increase the intensity of a fire already started when it reaches the land, cause poisoning or irritation to human beings from the obnoxious growths, or cause or tend to cause an unhealthy or obnoxious condition on the land or adjacent property.
Permit such land to be covered with or contain refuse or debris resulting from the construction, demolition or neglect of a building, which refuse or debris has remained on the land for more than thirty (30) days after completion of the construction work or demolition, or after loose boards, shingles or other materials have fallen off a building, and where such refuse or debris is inimical to the preservation of the public health, safety or general welfare of the people of the Borough, or which refuse or debris may constitute a fire hazard.
Permit such land to contain or have an outdoor water closet thereon containing excrement not properly processed to protect human health, not screened or closed sufficiently to exclude flies or not in a clean and sanitary condition, any or all of which conditions are dangerous to public health.
Permit such land to have or contain an improper, inefficient, overflowing or nonfunctioning cesspool or septic tank, attached to a dwelling being used for human habitation, which the cesspool or septic tank and contents or residue from same is dangerous to public health.
Permit on his land an abandoned, unused or unprotected well, cellar or other unnatural declivity in which stagnant water or debris is retained or which is dangerous to a person, including a child, being or coming upon the land.
Permit to be stored or placed on his unenclosed land old lumber, metal, machines or parts of machines, junk, paper, clothes, glass or refuse, or any combination of them, which is either a fire hazard, retains stagnant water, emits foul or obnoxious odor or which is dangerous to a person, including a child, being or coming upon the land.
Permit the sidewalk on his land to become broken, uprooted, damaged or otherwise impaired so that same is unsafe for the traveling public, without promptly making the repair or replacement or remedying same in order that such sidewalk is made and kept safe for the traveling public.
Permit to be stored or placed on his land any boat, vessel or other marine craft where the board, vessel or other marine craft constitutes a safety or health hazard in the discretion of the Zoning and Code Enforcement Officer.
Depositing, maintaining or causing the maintenance or existence of any offensive matter, foul or noxious odors, gases, or vapors which (a) endangers or injures the safety or health of humans or animals; or (b) annoys or disturbs a reasonable person of normal sensitivities; or (c) endangers or injures personal or real property.
Notwithstanding any other provision of the within section or in the Construction Code Ordinance, any individual corporation or other business entity that places a "dumpster" or refuse container upon a property in conjunction with a valid construction permit shall be required to remove said container after a period of six (6) months. If such individual or entity can show a valid reason to extend said time period, they must present the same to the governing body who may either extend it an additional six (6) month period or may require that it be removed as a result of non-use or no construction taking place on a regular basis.
For the purposes of this section, discharged water shall mean water that runs off the land's surface, is transmitted to the subsurface, or is captured by separate storm sewers or other sewerage or drainage facilities, or conveyed by snow removal equipment. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises, including but not limited to basements, pools, crawlspaces and sprinklers, shall be included herein. Water from these facilities shall not be discharged in a manner which is repetitively creating a nuisance to the general public. For the purposes of this section, a nuisance shall mean a significant and unreasonable interference with the public health, the public safety, the public peace, the public comfort or the public convenience. Discharged water to Borough streets create a nuisance problem year-round. In the winter months, serious icing is created on the streets causing a nuisance and safety hazards. Discharged water which flows across the homeowner's property line can create a nuisance for neighbors. Extending a sump pump hose across the public sidewalk is prohibited since it creates an obstruction along a walking path. Any discharge of water onto a public street more than six feet from the curbline is strictly prohibited and is the responsibility of the property owner to abate.
[Amended 3-25-2019 by Ord. No. 2019-08]
[Ord. #368, S 67-2; Ord. #502, S 67-2; Ord. #92-48, S 1]
Any reports of violations of this section shall be filed with the Zoning and Code Enforcement Officer, in accordance with the provisions of Chapter II, Section 2-15.
[Ord. #92-58, S 1; Ord. No. 2016-01]
If the owner, entity, or person in possession of the dwelling or lands in question shall fail to abate the condition complained of within the time period specified after receipt of the notice, the Code Enforcement Officer or his designee shall cause the condition complained of to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall present a report of the work accomplished to the Borough Council, along with summary of the abatement undertaken to secure compliance. He/she or she shall certify the costs of same plus twenty-five (25%) percent, but not less than an administrative fee of one hundred ($100.00) dollars, to the Borough Council, which shall examine the report and certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or lands. A copy of the resolution approving the expenses shall be certified by the Borough Clerk and filed with Tax Collector, who shall be responsible for the collection thereof. The amount so charged shall forthwith become a lien upon the dwelling or lands, and shall be added to and become and form part of the taxes next assessed and levied upon such dwelling and lands, shall bear interest at the same rate as the taxes, and shall be collected and enforced by the same officer and in same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this Chapter.
[Ord. #800, S 2; Ord. #05-2007, S 1]
It is the purpose of this section to prevent safety hazards created by fences which obstruct the view of motorists, to protect the public from unsound or improperly maintained fences and to maintain and improve upon the appearance of the community.
[Ord. #800, S 2; Ord. #92-59, S 1; Ord. #05-2007, S 1]
- shall includes any substantially vertical structure, wall or appurtenance, regardless of material composition, whether supported by a foundation, footing, piling, stage or post or self-supporting, which is intended as a barrier to prevent escape or intrusion, to mark a boundary or the proximity thereof, to ensure privacy.
- REPAIR OR REPLACEMENT OF FENCE
- shall mean any repair or replacement effecting fifty (50%) percent or more of the lineal feet of a fence.
- SEE-THROUGH FENCE
- shall mean a fence which has at least a two (2") inch spacing between its interior components and for which the composition of the fence does not exceed fifty (50%) percent of its surface area. Said "see-through fence" shall include but not be limited to, chain link, post, rail or picket.
- SOLID FENCE
- shall mean any fence which is not a see-through fence.
[Ord. #800, S 2]
Fence standards promulgated hereunder shall apply to both new and pre-existing fences.
[Ord. #800, S 2]
No person shall erect or construct any fence within the Borough of Point Pleasant without first obtaining a permit.
[Ord. #800, S 2; Ord. #91-37, S 1]
Applications for a permit to construct a fence shall be made to the Construction Code Official and shall be accompanied by a permit application fee of twenty ($20.00) dollars.
A plot plan must be submitted for any fence which is to exceed three (3') feet in height. The plot plan shall include such information as may be required by the Zoning and Code Enforcement Officer.
[Ord. #800, S 2; Ord. #1999-23, SS 1, 2]
Except as otherwise set forth herein, no fence, wall or dividing structure within twenty-five (25') feet of the front property line may exceed three (3') feet as measured perpendicularly from the highest point along the fence, wall or dividing structure, to the height of the grade of the front of the property and adjoining properties.
If the property in question borders on a body of water, no fence, wall or dividing structure between the principal structure on the lot and the mean high water line shall exceed four (4') feet in height.
In addition to the requirements set forth herein, no fence, wall or dividing structure shall exceed six (6') feet in height in any residential zone, nor eight (8') feet in height in any nonresidential zone.
All fences shall be symmetrical in appearance, having post separated by identical distances and fencing conforming to a definite pattern, kept free from peeling paint, and maintained in good appearance and clean condition.
The finished side of all fences and walls shall be constructed to face the adjacent property. Any fence or portion thereof that is exposed to the public on both sides shall be constructed with both sides of finished facing.
Roadway clearances shall be maintained within eight and one-half (8 1/2') feet of all roadways. In the case of a corner lot, a twenty-five (25') foot sight triangle shall be maintained to be measured from the property lines on both sides. Within these areas, no fence, wall, dividing structure, hedge or other vegetation or other obstruction shall exceed two and one-half (2 1/2') feet on a horizontal plane through the curbline except that shade trees may be located within these areas provided that limbs are trimmed to a distance of at least seven (7') feet above the curbline.
See-through fences may be erected to a height not exceeding eight (8') feet on all sides of the property for the protection of business premises provided that the same shall not extend beyond the front wall of a building or any side facing a public street.
The following fences and fencing materials are specifically prohibited: Barbed wire fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences at any location on the lot upon which a dwelling or structure is situated, except during construction of such property.
It shall be the responsibility of each property owner maintaining or erecting a fence rather than the Borough to assure that fences do not encroach on neighboring lines.
Height Measurement. The measurement of all heights pursuant to the provisions of this Chapter shall mean when measured from the original grade of the property and shall not include the build-up of the grade or addition of a base upon which any such fence is located. Any build-up or addition to the existing grade shall be considered part of the height.
[Ord. #800, S 2; Ord. #1996-03, S 1]
The provisions of this Section shall not apply to the municipal facilities and buildings, public parks and recreation areas, municipal water and sewage treatment facilities, public school property and public utilities if a determination is made by the Borough Engineer that the provisions are not in the interest of public safety, health and welfare.
If in the opinion of the Code Enforcement Officer fifty (50%) percent or less of a fence is being repaired and/or replaced, the fence may be installed in the same manner as it presently exists, i.e., the more pleasingly aesthetic side of the fence may be installed on the same side as presently exists.
[Ord. #800, S 2]
This Section shall be enforced by the Zoning and Code Enforcement Officer utilizing the enforcement procedure outlined in Chapter II, Section 2-15 of this Code.
[Ord. #800, S 2]
Any person convicted of a violation of this Section shall be liable for a penalty as established in Chapter I, Section 1-5 of this Code.
[Ord. #93-4, S 1]
Any person wishing to appeal the decision of the Zoning and Code Enforcement Officer, with regard to either granting a permit allowing for the construction of a fence or denying a permit application seeking approval to construct a fence, shall be given the right to appeal that decision of the Zoning and Code Enforcement Officer to the Zoning Board of Adjustment of the Borough of Point Pleasant. Said appeal shall be made by the aggrieved person pursuant to and in accordance with the requirements set forth in subsection 19-22.7 (Appeals and Application) of the Codified Ordinances of the Borough of Point Pleasant.
It is the purpose of this section to prevent safety hazards and adverse aesthetic factors created by storage sheds which obstruct the view of motorists, and provide adverse aesthetic impact on the surrounding property owners, as well as an attempt to maintain and improve upon the appearance of the community, and to assure that the view of the water and waterways is not unduly restricted by location of storage sheds in violation of the Codified Ordinances of Point Pleasant Borough.
Applications for a permit to construct a storage shed, whether permanently affixed to the ground or not, shall be made to the Zoning and Code Enforcement Officer and shall be accompanied by a permit application fee of twenty ($20.00) dollars.
A plot plan must be submitted for any storage shed to be constructed or placed upon the property. The plot plan shall include such information as may be required by the Zoning and Code Enforcement Officer.
All storage sheds shall be located on the property so as to not violate or encroach upon the setback requirements, including rear, side and front setback requirements, as set forth in Chapter XIX of the Codified Ordinances of Point Pleasant Borough entitled "Land Use".
It is the purpose of this section to prevent safety hazards created by the improper installation and construction of bulkheads, docks and retaining walls, to protect the public from unsound or improperly maintained bulkheads, docks and retaining walls, to maintain and improve upon the appearance of the community, and to assure that the view of the water and waterways is not unduly restricted by improperly installed bulkheads, docks and retaining walls, and furthermore to insure that the public utilizing and enjoying the water and waterways are not unsafely affected by the improper installation or construction of bulkheads, docks or retaining walls.
Editor's Note: For building subcode fees for bulkheads, docks, wharves and piers, see subsection 8-1.2a, 1(i).
Application. Applications for a permit to construct a bulkhead, dock and/or retaining wall shall be made to the Zoning and Code Enforcement Officer and shall be accompanied by a permit application fee of sixty ($0.60) cents per linear foot of construction, with a minimum permit fee of sixty ($60.00) dollars.
Plot Plan; Survey. A plot plan or survey shall be submitted for the proposed construction. The plot plan or survey shall include such information as may be required by the Zoning and Code Enforcement Officer.
Additional Approvals. In the event that the construction anticipated for a retaining wall, bulkhead or dock requires approval of outside agencies, including but not limited to the County of Ocean, State of New Jersey, or the United States of America, the application shall include copies of all of the aforementioned permits.
[Ord. #2014-07 S 2]
The purpose of this Section is to protect and promote the public health through the control of the growth of invasive plant species.
[Ord. #2014-07 S 3]
As used in this Section, the following terms shall have the meanings indicated:
- INVASIVE PLANTS
- shall mean vegetation which, by its nature, grows beyond the property of its owner, and causes a neighboring property owner potential hardship due to the vegetation being overly competitive, poisonous, allergenic, illegal by State statute, or hazardous to the neighboring property's structures and facilities is deemed to be "invasive" for the purposes of this Section.
[Ord. #2014-07 S 4]
All persons must control the growth of invasive plants. Failure to control the spread of such vegetation beyond the boundaries of a resident's property is a violation of this Section.
[Ord. #2014-07 S 5]
All places and premises in the Borough of Point Pleasant may be subject to inspection by the Zoning Officer of his designee, however, an inspection may only be made of an alleged property if a neighboring property owner files a complaint alleging that any subsection of this Section has been violated.
[Ord. #2014-07 S 6]
Whenever an invasive plant, as defined by this Section, is found on any plot of land, lot or any other premises or place, a violation notice shall be given to the owner, in writing, to remove or abate the violation within such time as shall be specified in such notice.
The cost of abatement shall be borne by the property owner.
If the owner fails to comply with such notice within the time specified therein, the enforcing official may remove or otherwise control the invasive plant species and the Borough may thereafter recover the cost of such removal from the property owner and place a lien on the property to recover the cost of invasive plant removal.
[Ord. #2014-07 S 7]
Any property owner who is in violation of this Section will have one (1) year from the effective date of this Section to have all invasive plants removed from the property.
Editor's Note: Ordinance No. 2014-07, codified herein as Section 8-9, was adopted August 19, 2014.
[Ord. #2014-07 S 8]
Any person, partnership, limited liability company, corporation or other entity who shall violate any provision of this Section shall, upon conviction thereof, 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 Section shall exist shall constitute a separate violation.
[Added 11-23-2020 by Ord. No. 2020-12]
The Borough of Point Pleasant is authorized to regulate buildings used for sleeping, lodging and occupancy for purposes including but not limited to the boarding houses, rooming houses, rental housing or other living units pursuant to N.J.S.A. 40:52-1 et seq. In addition, N.J.S.A. 40:48-2.12a provides that the governing body of a municipality may make, amend and repeal and enforce ordinances to regulate buildings and structures and their use and occupation to prevent and abate conditions therein harmful to the health and safety of the occupants of said building and structures and the general public in the municipality. This section aims to curtail, and in certain circumstances prohibit, the increasingly widespread practice of renting or leasing various types of dwellings, or segments thereof, located primarily in residential neighborhoods, on a short-term basis to transient guests. This practice has been popularized and facilitated by various websites that advertise and broker these rentals. Left unregulated, this practice will transform many residential dwellings into flophouses to the detriment of the health, safety, and quiet enjoyment of the affected neighborhoods.
This section does not apply to lawfully established and operating hotels, motels, rooming houses, boarding houses, and bed-and-breakfast establishments.
As used in this section, the following terms shall have the meanings indicated:
- Any building or portion thereof designed or used exclusively for one or more dwelling units, as delineated below:
- SEGMENTED DWELLING
- A room within or section of a dwelling that constitutes an area less than the entire dwelling.
No dwelling, or segment thereof, may be rented or leased for a term of less than 30 days.
The lease or rental of multiple rooms within a dwelling to a single tenant or separate tenants is prohibited.
The lease or rental of a single room within a dwelling is permitted provided that following conditions are satisfied:
The dwelling has been inspected, issued a rental certificate of occupancy, and complied with all other requirements set forth in § 4-9, Certificate of Occupancy and Inspection on Certain Rental Units; Property Maintenance Code Adopted.
The landlord has filed the appropriate registration with the Borough pursuant to N.J.S.A. 46:8-28.
The dwelling complies with all applicable health, safety, construction, zoning, and fire codes.
The dwelling has a minimum of two bedrooms.
The addition of the tenant does not result in a violation of occupancy limitations.
The owner maintains all required insurances in sufficient coverage amounts and has furnished proof thereof to the Borough.
The dwelling is owner-occupied year-round.
A minimum tenancy of one month, and a maximum of one tenant.
The tenant has unrestricted access to the dwelling's common areas and amenities, including but not limited to kitchens, basements, garages, laundry facilities, patios/porches, pools, assigned closets, assigned bathrooms, and living and dining areas.
Bedroom doors may have privacy locks, but not key locks.
There is sufficient space on the subject property to lawfully provide one on-premises parking space for the tenant's vehicle.
The lease or rental of any dwelling for commercial or corporate purposes is prohibited.
The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling is prohibited.
The print, electronic, or Internet advertisement of any rental that is prohibited by or fails to comply with the provisions of this section or any other applicable provision of the Borough Code is prohibited.
The Point Pleasant Borough Code Enforcement Officer and the Police Department are empowered to enforce this section.
Every person convicted of a violation of a provision of this section shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5 and 40:69A-29, and any subsequent amendments thereto.
Each and every day a violation of this section persists shall constitute a separate violation.
To the extent that conduct prohibited under this section also violates other provisions of the Borough Code, those violations constitute separate offenses subject to additional fines and penalties as prescribed.