[New]
This book shall be known and may be cited as "The Code of the Borough of Avalon, 2013," and is herein referred to as the "Code."
[2000 Code §§ 1:1-2, 2:1-2; New]
For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as a particular chapter may provide or as the context may otherwise require:
shall mean the Borough of Avalon in the County of Cape May and State of New Jersey.
shall mean the Mayor-Council Plan B of the Optional Municipal Charters Law (hereinafter "OMCL") and all applicable provisions of the general law.
shall mean the Borough Clerk duly appointed pursuant to law.
shall mean the duly elected Councilmembers of the Borough of Avalon.
shall mean the individual appointed by the Mayor and confirmed by Council pursuant to the Charter and this Code or Acting Administrator temporarily serving in place of the Business Administrator.
shall mean the Code of the Borough of Avalon.
shall mean the County of Cape May.
shall mean calendar days.
shall mean a basic organizational unit of the Borough government established or designated by ordinance or this Code as a department in accordance with applicable law.
shall mean the Deputy Clerk appointed pursuant to law.
shall mean the administrative head of a department appointed by the Mayor and confirmed by the Council.
shall mean an organizational unit within a department.
shall mean a person who has managerial responsibility for a particular division within a department. A division head works under the supervision of the department director.
shall mean licensed in accordance with the appropriate section or chapter of this Code.
shall mean a calendar month unless otherwise specifically provided.
shall mean the Borough of Avalon in the County of Cape May, State of New Jersey.
applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
shall be construed as if the words "of the Borough of Avalon" followed it unless otherwise specifically stated.
shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
shall mean any owner, part owner, joint owner, tenant in common, joint tenant, tenant by the entirety, partner in a partnership or limited partnership of the whole or of a part of a building or land.
shall mean any individual, natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations, limited liability companies or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
shall severally be construed to mean any and every public ground, public square, public park or other public place within the Borough.
shall mean an action expressing the sense or will of the Municipal Council on a matter of special or temporary interest. It shall be written and may be adopted at the meeting at which it is introduced, without publication or public hearing.
shall mean that portion of a public right-of-way between the curb line and the adjacent property line which has been paved with concrete or other approved material and is intended for the use of pedestrians.
shall mean the State of New Jersey.
shall mean any road, highway, public way, public alley, easement or other right of way accepted or maintained by the Borough as a public street, as well as any state or county road or highway over which the Borough has acquired jurisdiction by agreement.
shall mean seven (7) days.
shall mean a calendar year unless otherwise specifically provided.
[2000 Code § 1:1-3; New]
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
Shall is mandatory and May is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
Writing and Written includes printing, typewriting and any other modes of communication using paper or similar material which is in general use, as well as legible handwriting.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
shall mean one of the major divisions of this Code, identified by an Arabic number, and divided by subject matter.
shall mean a major subdivision of a chapter.
shall mean a subdivision of a section, identified by a decimal number following the section number.
shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.
[2000 Code § 1:1-4]
If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
a.
For violation of any provision of this Code or other ordinance of the Borough of Avalon, unless a specific penalty is otherwise provided in connection with the provision violated, the maximum penalty upon conviction of the violation shall be by one (1) or more of the following: imprisonment in the County Jail or in any place provided by the Borough for the detention of prisoners, for any term not exceeding ninety (90) days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding ninety (90) days.
b.
Unlawful Solid Waste Disposal. The Borough Council may prescribe that for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding two thousand five hundred ($2,500.00) dollars or a maximum penalty by a fine not exceeding ten thousand ($10,000.00) dollars.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
The Borough of Avalon may prescribe that for the violation of any particular provision of this Code or of any particular ordinance at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding one hundred ($100.00) dollars.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
The Court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or in such ordinance.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
Any person who is convicted of violating this Code or any ordinance within one (1) year of the date of a previous violation of the same provision of this Code or of the same ordinance and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the ordinance or Code provision, but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
Any municipality that chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance or Code provision may waive the additional fine by ordinance or resolution.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding ninety (90) days, or be required to perform community service for a period not exceeding ninety (90) days.
[N.J.S.A. 40:49-5; N.J.S.A. 40:69A-29]
If the municipality chooses to impose a fine in an amount greater than one thousand two hundred fifty ($1,250.00) dollars upon an owner for violations of housing or zoning codes the municipality shall provide a 30-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
[New]
If provided by specific ordinance, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough of Avalon exists shall constitute a separate violation.
[New]
The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[New]
It shall be the duty of the Borough Clerk or someone authorized and directed by the Borough Clerk to keep up-to-date the certified copy of the book containing "The Code of the Borough of Avalon, 2013" required to be filed in the office of the Clerk for the use of the public. All changes in the Code and all ordinances adopted by the Borough Council subsequent to the adoption of the Code, which the Borough Council shall adopt specifically as a part of this Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to the Code, at which time such supplements shall be inserted therein.
[New]
Copies of the Code book containing the "Code of the Borough of Avalon, 2013" may be purchased from the Borough Clerk upon the payment of a fee to be set by resolution of the Borough Council, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.
[New]
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Borough of Avalon to be misrepresented thereby.
[Added 2-28-2024 by Ord. No. 871-2024]
[Added 2-28-2024 by Ord. No. 871-2024]
a.
Unless a specific method of appeal is established by statute, ordinance, contract, the Borough's Polices and Procedures Manual, or collective negotiations agreement, any administrative decision may be appealed as herein provided.
b.
There is hereby created a Borough Appeals Tribunal which shall consist of not less than three members consisting of the following:
1.
The Business Administrator or designee.
2.
An attorney who is appointed as Special Counsel pursuant to Resolution of the Borough Counsel. In the event that more than one Special Counsel has been appointed, the appointee to serve shall be designated by the Mayor.
3.
Director of Revenue and Finance or designee.
c.
If the appeal concerns a decision of a member of the Appeals Tribunal, such member shall not participate in the appeal and such member shall be replaced by: (1) the Mayor or his designee. Other members comprising the Tribunal shall remain unchanged. In the event of other recusals (i.e., due to a conflict of interest — actual or perceived) from a particular appeal, the substituted members shall be in the following order: (1) the Zoning Official; or (2) Human Resource Officer.
The nonparticipating member(s), while not participating in the appeal decision process, shall be afforded the right to offer testimony and/or produce documents bearing on the issues on appeal.
The membership of the Appeals Tribunal may be changed by Resolution of the Borough Council upon the recommendation of the Mayor or on the initiative of Borough Council.
The Borough Solicitor shall attend the appeal hearing and provide legal advice and guidance to the Appeals Tribunal. Such hearing shall be recorded.
d.
Exception. Since specific provisions and procedures for appeal currently exist for certain matters, this section shall not apply to any of the following:
1.
Personnel matter(s) including promotions, demotions, dismissal from employment, employee discipline, assignment, grievances, and other similar issues related to or affecting the terms and conditions of an employee's employment. All such matters shall be determined in accordance with the Borough Employee Personnel Handbook, any controlling collective negotiations agreement, or as provided by law;
2.
Any decision of the Construction Official or Subcode Officials under the New Jersey Uniform Construction Code;
3.
Any decision under the New Jersey Uniform Fire Code;
4.
Any decision of the Floodplain Administrator;
5.
Any decision of the Zoning Official or Zoning Enforcement Officer;
6.
Any decision of the Code Enforcement Official or Officers;
7.
Any decision of the Borough Council whether legislative in nature or otherwise; or
8.
Any other matter in which an appeal process is established by State Statute or municipal ordinance, or by rule or regulations of the State of New Jersey or the United States or any agency thereof, or in which jurisdiction for hearing and deciding appeals is vested by law in a specific agency or tribunal.
e.
Procedure.
1.
The procedure shall begin by the person aggrieved by an Administrative Decision filing a letter of appeal with the Borough Clerk within 10 business days following the event complained about. Such letter must state the specific reasons or grounds for the appeal and shall provide any supporting documents upon which the appellant intends to rely. Upon receipt of such an appeal, the Borough Clerk shall forward a copy of the letter of appeal (without supporting documents) to the members of the Appeals Tribunal. The Business Administrator or designee shall then convene a meeting of the Appeals Tribunal which shall convene initially within 10 business days following notification from the Borough Clerk.
2.
Once the meeting date is established, the Borough Clerk shall then forward to the members of the Tribunal any supporting documents filed in support of the appeal.
3.
The appellant shall have notice of the meeting date and shall have the right to attend and testify and present witnesses. The appellant may also be represented by an attorney.
4.
The Appeals Tribunal shall render its final decision in the appeal within 20 days following the conclusion of the appeal hearing.
5.
Time limits may be extended by mutual consent of the parties or due to extenuating circumstances beyond either party's control.
f.
Further appeal.
1.
If dissatisfied with the decision of the Appeals Tribunal, the appellant or other aggrieved party may appeal the decision to the Borough Council by filing a notice of appeal with the Borough Clerk within 30 days following the decision of the Appeals Tribunal.
2.
Such notice must be in writing, specify the reasons and grounds for such appeal. Upon the filing of such an appeal the Borough Council may choose one of the following:
(a)
Refer the matter to a Hearing Officer who shall conduct a hearing substantially following the procedure for administrative hearings in New Jersey. The Hearing Officer shall then submit his/her findings and conclusions with 15 business days after the close of the Hearing. Borough Council may then accept, reject, or modify the decision of the Hearing Officer based on the record developed before the Hearing Officer; or
(b)
Borough Council may select an ad hoc committee of its membership to hear and decide the appeal; or
(c)
Borough Council may, in its discretion, decide to have the full Council decide the matter.
(d)
Following the exhaustion of such administrative remedies, any aggrieved person or entity may pursue a further appeal to a Court of competent jurisdiction subject to the Rules of such Court.