[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.
