a.
There is hereby established in the Borough a State Uniform Construction
Code Enforcing Agency to be known as the "Borough of Island Heights
Construction Code Enforcing Agency," 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.
b.
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
such position.
c.
The public shall have the right to do business with the Enforcing
Agency at one (1) office location except for emergencies and unforeseen
or unavoidable circumstances.
[New; Ord. No. 91-13 § 1; Ord. No. 96-21 § 1; Ord. No. 97-09 § 1; Ord.
No. 98-02 § 1; Ord. No.
2011-06]
The fee for a construction permit shall be the sum of the subcode
fees listed below, and shall be paid before the permit is issued.
a.
Building Subcode Fees. Minimum Building Subcode Fee shall be $75.
1.
New Construction: Fees for new construction shall be based upon the
volume of structure. Volume shall be computed in accordance with N.J.A.C.
5:23-2.28. Use groups and types of construction are as classified
and defined in Articles 3 and 4 of the Building Subcode.
2.
Renovations, Alterations and Repairs and Site Construction Associated
with Premanufactured Construction: Fee based on estimated cost of
the work. To determine estimated cost, the applicant shall submit
to the Construction Official such cost data as may be available produced
by the architect or engineer of record, or by a recognized estimating
firm, or by the contractor. A bona fide contractor's bid if available
shall be submitted. The Construction Official shall make the final
decision regarding estimated cost.
3.
Additions: Fees shall be computed on the same basis as for new construction
for the added portion.
4.
Combination Renovations and Additions: Fees shall be computed separately
in accordance with Items 1 and 2 above.
5.
Temporary Structures: Temporary structures, sheds, towers, fences
greater than six (6) feet in height, open decks not attached to a
principal or accessory structure, and similar structure for which
volume cannot be computed: $35.
6.
Roofing: The fee for roofing or siding in R-3 and R-4 uses shall
be $75.
8.
Bulkheads, Docks, Wharves, Piers: The fees shall be computed as an
alteration.
b.
Plumbing Subcode Fees. Fees are per interlocal agreement with Borough
of Beachwood Construction Inspection Department.
c.
Fire Protection Subcode Fees. Minimum Fire Protection Subcode Fee
shall be $60.
Editor's Note: Smoke detector or sprinkler not needed in attic
or crawl space provided no heat in those areas.
1.
Fire Protection and Other Hazardous Equipment: Sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas
and oil fired appliances not connected to the plumbing system, kitchen
exhaust systems, incinerators and crematoriums:
3.
Standpipe, each: $165.
4.
Independent Pre-engineered System, each: $65.
5.
Gas or Oil Fired Appliance not connected to the plumbing system,
each: $35.
6.
Kitchen Exhaust System, each: $35.
7.
Incinerator, each: $260.
8.
Crematorium, each: $260.
9.
Tank removal or abandonment: $85.
10.
Additional Inspection Fees. In addition to the inspection and fees
required pursuant to the act and the regulations of the Department
of Community Affairs, the following additional inspections and fees
for those uses not defined as life hazard uses shall be required.
The following buildings, uses and premises contained in this section,
other than those that are incidental or auxiliary to the agricultural
use of farm property, are subject to registration and periodic inspection
requirements as hereby established. Where two (2) or more of the same
use or different uses exist at the same building or premises, each
one (1) shall be considered as separate and distinct for the purpose
of the section and shall be registered pursuant thereto.
(a)
Uses.
(1)
Business use as defined in the latest edition of the BOCA Basic
National Building Code, where there is a single tenant;
(2)
If there is a business use as defined above, where there is
more than one (1) tenant, same would result in the use of the schedule
noted below, with the sole exception that an additional $20 fee per
tenant would be charged in each instance.
(3)
Where the building or structure has more than one (1) use which
may include a business use as defined herein, then each individual
use shall be subject to the appropriate fee as set forth in this section.
(4)
Mercantile uses as defined in the latest edition of the BOCA
Basic National Building Code shall be subject to the registration
fee as set forth in the schedule noted below.
(5)
Storage buildings as defined in the latest edition of the BOCA
Basic National Building Code shall be subject to the registration
fee as set forth in the schedule noted below.
(6)
Factory and industrial uses as defined in the latest edition
of the BOCA Basic National Building Code shall be subject to the registration
fee as set forth in the schedule noted below.
|
Square Footage, Total Gross Floor Area Including Basement
|
Registration Fee
|
|---|---|
|
0 to 1,000
|
$30
|
|
1,001 to 2,000
|
$35
|
|
2,001 to 2,500
|
$40
|
|
2,501 to 3,500
|
$45
|
|
3,501 to 4,500
|
$50
|
|
4,501 to 5,000
|
$55
|
|
5,001 to 6,000
|
$60
|
|
6,001 to 7,000
|
$65
|
|
7,001 to 7,500
|
$70
|
|
7,501 to 8,000
|
$90
|
|
8,001 to 9,000
|
$105
|
|
9,001 to 9,500
|
$120
|
|
9,501 to 10,500
|
$140
|
|
10,501 to 11,500
|
$160
|
|
11,501 to 12,000
|
$170
|
|
For each additional one thousand (1,000) square feet or more,
the registration fee is an additional $10.
| |
(7)
Buildings where less than one hundred (100) persons assemble
for the purpose of amusement, entertainment, recreation centers and
health spas the fee shall be $120.
(b)
Required inspection. All uses as listed in the aforementioned
schedule shall be inspected annually for compliance with the provisions
of this section.
(c)
Plan Review. Initial review of a site plan or subdivision is
required to be made. When any alterations or changes are undertaken
by an applicant, which changes the original site plan or subdivision,
the plans must be submitted and reviewed. The fees shall be as set
forth below.
All reviews are valid for a one (1) year period after which
a review will be deemed unacceptable and resubmission will be required.
(d)
Violations and penalties. All penalties as indicated in the New Jersey Administrative Code, Title 5 Chapters 18 and 18B, (Uniform Fire Code) shall be adopted for the purpose of enforcing this section except those penalties imposed as hereinafter provided for violations of this section not included within the Uniform Fire Code or authorized by the Uniform Fire Safety Act. Failure to register non-life hazard uses or pay the appropriate fees for registration concerning non-life hazard uses as defined shall result in the imposition of penalties pursuant to the code.
d.
Electrical Subcode Fees. Fees are per interlocal agreement with the
Borough of Beachwood Electrical Bureau.
e.
1.
Plan Review Fee: Twenty (20%) percent of the amount to be charged
for a new construction permit.
2.
Basic Construction Fee: The sum of the parts computed on the basis
of the volume or cost of construction, the number of plumbing fixtures
and equipment, the number of electrical fixtures and devices, and
the number of sprinklers, standpipes, and detectors (smoke and heat)
at the unit rates provided herein plus any special fees.
3.
Certificates and Other Permits:
(a)
Demolition or Removal Permit:
(b)
Sign Permit: Permit fee to construct a sign shall be in the
amount of $1 per square foot surface area of the sign, computed on
one side only for double-faced signs.
(c)
Certificate of Occupancy: The owner of the premises shall pay
to the Borough a fee of $100 for the issuance of the afore-described
certificate. The fee shall be paid to the Borough prior to the scheduled
inspection.
[Amended 6-28-2016 by Ord. No. 2016-6]
(1)
There shall be a $25 reinspection fee for certificates of occupancy
for rental and resale.
(f)
Elevator Devices: The fee for elevator devices where applicable
shall be in accordance with N.J.A.C. 5:23-12.6.
(g)
Annual Permits:
(1)
Construction Permit—flat fee based upon the number of
maintenance workers who are employed by the facility, and who are
primarily engaged in work that is governed by a subcode. Managers,
engineers and clericals shall not be considered maintenance workers
for the purpose of establishing the annual construction permit fee.
(3)
Training Registration Fee, to be paid prior to issuance of an
Annual Permit, fee shall be submitted (payable to "Treasurer, State
of New Jersey"), per subcode: $140.
(h)
Reinstatement of lapsed permits: $50.
(i)
For cross connections and backflow preventors subject to testing
and requiring reinspection, each device: $40.
(j)
Mechanical Inspections in a use group R-3 or R-4 structure by
mechanical inspector:
First device: $43.
Each additional device: $10.
f.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the Borough Council annually a report recommending
a fee schedule based on the operating expenses of the agency and any
other expenses of the municipality fairly attributable to the enforcement
of the State Uniform Construction Code Act.
g.
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the regulations, the Enforcing Agency shall collect, in addition to
the fees specified above, a surcharge fee of $0.0006 dollars per cubic
foot of volume of new 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. The Enforcing
Agency shall report annually at the end of each fiscal year to the
Bureau of Housing Inspection, and not later than July 31, the total
amount of the surcharge fee collected in the fiscal year.
[New]
The following fire limits are established pursuant to N.J.A.C.
5:23: The fire limits are hereby defined as the entire Borough.
[1975 Code § 55-1]
By resolution duly adopted, the Governing Body of this municipality
has declared and determined that there exists in the Borough a building
or buildings or parts thereof which are unfit for human habitation,
occupancy or use, due to dilapidation; defects increasing the hazards
of fire, accidents or other calamities; lack of ventilation, light
or sanitary facilities; or due to other conditions rendering such
building or buildings or parts thereof unsafe, unsanitary or dangerous
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of this Borough, the resolution having been
adopted pursuant to the provisions of the New Jersey Statutes Annotated.
[1975 Code § 55-2]
As used in this section:
Any building or structure or part thereof, whether used for
human habitation or otherwise, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith.
The holder or holders of the title in fee simple.
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough relating
to health, fire, building regulations or to other activities concerning
buildings in the Borough.
The officer, officers, board or body who is or are authorized
by this section to exercise the powers prescribed by this section.
[1975 Code §§ 55-4, 55-12; Ord. No. 2008-01 § 1]
a.
Designated. The Code Enforcement Official is hereby designated as
the public officer to exercise the powers prescribed by this section.
b.
Authority of Public Officer. The public officer is hereby authorized
to exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
the following powers in addition to the other powers herein granted:
1.
To investigate the building conditions in the Borough in order to
determine which buildings therein are unfit for human habitation,
occupancy, or use.
2.
To administer oaths, affirmations, examine witnesses and receive
evidence.
3.
To enter upon premises for the purpose of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
c.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
[1975 Code § 55-10]
It shall be unlawful for any person to have, keep or maintain
a building that is unfit for human habitation or which is dangerous
or injurious to the health or safety of the occupants of the buildings
or the occupants of neighboring buildings or other residents or people
of or in the Borough, specified in this section.
[1975 Code § 55-3]
No owner or party in interest of any dwelling which is, or may
become, dangerous to human life, safety or health, or dangerous to
adjacent property, or which would be likely to extend a conflagration,
shall permit the same to remain in this municipality.
[1975 Code § 55-5]
Whenever a petition is filed with the public officer by a public
authority or by at least five (5) residents of the Borough charging
that any building is unfit for human habitation, occupancy or use
or whenever it appears to the public officer, on his own motion, that
any building is unfit for human habitation, 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 complaint stating the
charges in that respect and containing a notice that:
a.
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 the complaint.
b.
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.
c.
The rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
[1975 Code § 55-6]
a.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation,
occupancy or use, he 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 owner either to repair, alter or improve the building 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 time set forth in the order.
b.
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 building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
[1975 Code § 55-9]
a.
The public officer may determine that a building is unfit for human
habitation, occupancy or use if he finds that conditions exist in
such building which are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings
or other residents of the Borough.
b.
Without limiting the generality of the foregoing, such conditions
may include the following: defects therein increasing the hazards
of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair; structural
defects; uncleanliness.
[1975 Code § 55-11]
Any complaint or complaints, order or orders issued by the public
officer pursuant to the provisions of this section shall be served
upon persons either personally or by registered mail. If the whereabouts
of such persons is unknown and the same cannot be ascertained by the
public officer in the exercise of reasonable diligence, the public
officer shall make an affidavit to that effect and then the serving
of such complaint or order upon such persons may be made by publishing
the same once each week for two (2) successive weeks in a newspaper
printed and published in the Borough, or, in the absence of such newspaper,
in one (1) printed and published in Ocean County and circulating in
the Borough. A copy of such complaint or order shall be posted in
a conspicuous place on the premises affected by the complaint or order
and shall be duly recorded or lodged for record with the Clerk of
the County of Ocean.
[1975 Code § 55-7]
a.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
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." It shall be unlawful for any person to own, have, keep,
maintain or live in any building on which there has been posted a
placard as herein provided for, or to remove or cause the removal
of any such posted placard.
b.
If the owner fails to comply with an order to remove or demolish
the building, the public officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertisement for and receipt of bids therefor.
[1975 Code § 55-8]
a.
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 and determined in favor of
the municipality, and the amount of the cost 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.
b.
If the building is removed or demolished by the public officer, he
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 Borough Tax Assessor or other custodian
of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by registered mail.
c.
If the total of the credits exceed 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 order or judgment of
such Court; provided, however, that nothing in this subsection shall
be construed to impair or limit in any way the power of the Borough
to define and declare nuisances and to cause their removal or abatement
by summary proceedings or otherwise.
[1975 Code § 55-13]
a.
Any repair, alteration, improvement, removal or demolition, as above
provided, may be performed by the municipality through its proper
officers or employees or the municipality may contract with any person
to render such service on behalf of the municipality, under its control
and direction, and pursuant to specifications showing in detail the
service to be rendered and pursuant to rules and regulations adopted
by the governing body for the same, and upon ample security for proper
performance being given to the municipality.
b.
The procedure to be followed in entering into any such contract shall
be in accordance with N.J.S.A. 40:48-5, as amended and supplemented.
c.
The municipality may recover the cost thereof from the owner by action
at law, which action shall be in addition to any other remedy provided
for by this section, and shall not make void any lien upon real estate
provided for by this section, nor prevent the imposition of any penalty
imposed for violation of this section or any ordinance of this municipality.
[1975 Code § 55-14]
Nothing in this section shall be construed to abrogate or impair
the powers of any department of the Borough to enforce any provisions
of its charter or other statute, or its ordinances or regulations,
nor to prevent or punish violations thereof; and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred by any other ordinance of the Borough.
[1975 Code § 55-15]
Any person violating any of the provisions of this section shall, upon conviction, be punished for each offense by the penalty stated in Chapter I, Section 1-5.
[1975 Code § 82-1]
The numbers of all of the houses and places of business in the
Borough shall correspond with the numbers set forth on overlay sheets
attached to the Borough Tax Map and filed in the office of the Borough
Clerk, and it shall be the duty of all property owners to have their
houses and places of business numbered in accordance with the numbers
set forth on the overlay which identifies the lands owned by the particular
property owner.
[1975 Code § 82-2]
In all cases where any owner or owners shall construct or place
upon any premises in the Borough, a dwelling or business structure,
it shall be the duty of the owner or owners to apply to the Borough
Clerk for the correct number of the dwelling or place of business
as indicated on the overlay. Upon being furnished the correct number
of such property, the owner shall notify the Code Enforcement Official
and use the number in making application for a building permit. Upon
the completion of the dwelling or place of business, the owner shall
place or affix to the front of the dwelling or place of business or
conspicuously display in front of the dwelling or place of business
the corresponding house number as furnished by the Borough Clerk.
[1975 Code § 82-3]
In the event that there is any discrepancy or conflict in the
numbering of dwellings or places of business, corrections or amendments
may be made upon the passage of an appropriate resolution by the Governing
Body of the Borough.
[1975 Code § 82-4]
In order to have some degree of uniformity and to avoid unsightly
signs setting forth house numbers, the numerals to be used on signs
on the dwellings or place of business shall not be more than four
(4") inches in height nor less than two (2") inches in height and
shall be of a reflecting material in a contrasting color so as to
be readily visible from the street in front of the dwelling or place
of business.
[1975 Code § 82-5]
Any person that fails to have the proper number for its principal dwelling house or place of business affixed to the front of such dwelling house or place of business or should fail to conspicuously display the number in front of the dwelling house or place of business within thirty (30) days after written notice to do so has been mailed by regular mail to the property owner's address as recorded in the Tax Collector's office, shall be deemed to be in violation of the provision of this section and shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[4-2-2019 by Ord. 2019-3]
It is the purpose of this section to implement the provisions
articulated under P.L. 2018, c. 49. Under this law, a municipality
may establish a tax on transient accommodation occupancies, targeting,
but not limited to, such accommodations conveyed by transient space
marketplaces.
[4-2-2019 by Ord. 2019-3]
a.
There is hereby established a transient accommodation occupancy tax
in the Borough of Island Heights, which shall be fixed at a uniform
percentage rate of 3% on charges of rent for every occupancy of a
transient accommodation subject to taxation pursuant to P.L. 2018,
c. 49. This tax shall not limit, abridge, or supplant any other tax
lawfully assessed pursuant to the Federal Tax Code, or the laws of
the State of New Jersey, and shall be in addition to any such tax.
[4-2-2019 by Ord. 2019-3]
As used in this section, the following terms shall have the
meanings indicated:
Is hereby defined in comport with P.L. 2018, c. 49, as a
room, group of rooms, or other living or sleeping space for the lodging
of occupants, including but not limited to residences or buildings
used as residences, for any period less than 90 consecutive days.
This section is adopted under the strength of P.L. 2018, c. 49, and
the definition of "transient accommodation" shall be construed within
the intent of that law.
"Transient accommodation" shall not be construed to mean: a
room, group of rooms, or other living or sleeping space used as a
place of assembly, or a hospital, nursing home, or other similar residential
facility of a provider of services for the care, support, and treatment
of individuals that is licensed by the state.
An online marketplace through which a person may offer transient
accommodations or hotel rooms to individuals. A "transient space marketplace"
allows transient accommodations or hotel rooms to be advertised or
listed through an online marketplace in exchange for consideration
or provides a means for a customer to arrange for the occupancy of
the transient accommodation or hotel room in exchange for consideration.
[4-2-2019 by Ord. 2019-3]
a.
This tax shall be collected on behalf of the municipality by the
person collecting receipts, charges or rent from the customer.
b.
Each person required to collect a tax imposed by the ordinance shall
be personally liable for the tax imposed, collected or required to
be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time; provided, however,
that the Chief Financial Officer of the municipality shall be joined
as a party in any action or proceeding brought to collect the tax.
c.
Notwithstanding any other provision of law or administrative action
to the contrary, transient space marketplaces shall be required to
collect and pay on behalf of persons engaged in the business of providing
transient accommodations located in this state the tax for transactions
solely consummated through the transient space marketplace. Such transient
space marketplaces shall also be required to collect and maintain
transactional data pursuant to and as articulated by P.L. 2018, c.
49.
