[Amended 11-14-2023 by Ord. No. 2023-12]
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 Office" consisting of a Construction Official, Deputy Construction Official, Technical Assistant(s) to the Construction 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 Construction Office.
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 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(s).
c. 
The public shall have the right to do business with the Construction Office at one location except for emergencies and unforeseen or unavoidable circumstances.
[Ord. No. 2000-08; Ord. No. 91-13 § 1; Ord. No. 96-21 § 1; Ord. No. 97-09 § 1; Ord. No. 98-02 § 1; Ord. No. 2011-06; amended 11-14-2023 by Ord. No. 2023-12]
Under the provisions of this chapter all permit fees charged shall be rounded to the nearest dollar in accordance with standard mathematical practices (i.e., $105.44 becomes $105, and $198.67 becomes $199). The following construction permit fee schedules are hereby established:
a. 
Plan Review. The plan review fee shall be 25% of the total cost of the construction permit. The minimum plan review fee shall be $100. The amount paid as the plan review fee will be deducted from the total permit fee upon issuance. The plan review fee is nonrefundable.
b. 
State of New Jersey Training Fee. The State of New Jersey training fee shall be collected at the rate in effect at the time of permit issuance per N.J.A.C. 5:23-4.19(b) and shall be rounded to the nearest whole dollar.
c. 
UCC Building Subcode Code Permit Fees: Permit Fees shall be as follows:
1. 
Minimum Building Subcode Permit Fee: Permit Fee $75.
2. 
Review of Documentation or Change of Contractor: Permit Fee $75.
3. 
New Construction. The permit fee shall be based upon the volume of the structure. The volume computation shall be determined by N.J.A.C. 5:23-2.28. Use groups and types of construction are classified and defined in the currently adopted Building Subcode:
(a) 
New Residential Construction. Per cubic feet of volume: fee $0.043; Minimum Permit Fee $100.
(b) 
New Construction, All Other Use Groups (per cubic foot of volume):
(1) 
Use Groups A-1, A-2, A-3, A-4, B, F, S-1, S-2 and H: Permit Fee $0.040; Minimum Permit Fee: $100.00
(2) 
All other use groups: Permit Fee $0.030; Minimum Permit Fee: $100.00.
(3) 
Modular and premanufactured building and moving houses, basic unit set on footing and foundation: Permit Fee $250.
4. 
Renovations, Alterations and Repairs. Permit fees shall be based on the estimated cost of work. (for the purpose of determining the estimated cost, the applicant shall submit to the Construction Official such cost data as may be available produced by an architect or engineer of record or by a recognized estimating firm or by the general contractor. The Construction Official shall make the final decision regarding the estimated cost:
(a) 
Minimum Permit Fee: $75.
(b) 
$1 to $50,000 (per thousand): Permit Fee $75.
(c) 
$50,001 to $100,000 (per thousand): Permit Fee - Add $35.
(d) 
Over $100,000 (per thousand): Permit Fee - Add $25.
(e) 
For the combination of addition and renovation, the sum of the fees shall be computed separately as additions and renovations.
5. 
Retaining Walls - Four Feet in Height or Above:
(a) 
Up to fifty linear feet: Permit Fee $150.
(b) 
Fifty-one linear feet to 100 linear feet: Permit Fee $225.
(c) 
One hundred-one linear feet or more: Permit Fee - $300.
6. 
Fireplaces (not to include natural gas or propane fireplaces), Masonry Chimneys, Wood Stoves and Chimneys.
(a) 
Minimum Permit Fee: $75.
7. 
Installation of Swimming Pools and Spas.
(a) 
Aboveground units up to 500 square feet: permit fee $100.
(b) 
Aboveground units over 500 square feet: permit fee $200.
(c) 
In-ground units: permit fee $225.
(d) 
Public and commercial units: permit fee $400.
8. 
Installation of Temporary Structures and Other Structures for Which Volume Cannot be Computed.
(a) 
Minimum Permit Fee: $75.
(b) 
Sheds more than 200 square feet: Permit Fee $100.
9. 
Demolition of Structure.
(a) 
Use Group R, less than 5,000 square feet and 30 feet high or less: Permit Fee $75.
(b) 
All others: Permit Fee $125.
10. 
Signs.
(a) 
Per Sign: Permit Fee $100.
(b) 
Sign Demolition: Permit Fee $75.
11. 
Installation of Elevator Devices.
(a) 
Minimum Permit Fee $200.
12. 
Asbestos Removal.
(a) 
Minimum Permit Fee: $75.
(b) 
Certificate of occupancy after the completion of asbestos abatement: Permit Fee $100.
13. 
Tanks - Removal and Installation.
(a) 
Tank capacity of up to 250 gallons: Permit Fee $100.
(b) 
Tank capacity of 251 to 500 gallons: Permit Fee $150.
(c) 
Tank capacity of 501 or more gallons: Permit Fee $300.
14. 
Lead Hazard Abatement.
(a) 
Per Structure: Permit Fee $100.
15. 
Certificate of Occupancy (UCC):
(a) 
One or two family structures (Use Group R of Building Subcode) of less than 35 feet in height: Permit Fee: $100.
(b) 
All other use groups, basic building, excluding individual tenant occupancies: Permit Fee $100.
(c) 
Individual tenant occupancies - per unit: Permit Fee $100.
(d) 
Change of use certificate of occupancy: Permit Fee $100.
(e) 
Temporary Certificate of Occupancy (TCO) - Permit Fee $100.
16. 
Application for a Variation.
(a) 
For Class I, II and III structures: Permit Fee $75.
(b) 
Resubmission Fee: Permit Fee $75.
17. 
Reinstatement of a Lapsed Building Subcode Permit.
(a) 
First Reinstatement: Permit Fee: $75.
(b) 
Second Reinstatement: Permit Fee: $150.
(c) 
Third Reinstatement: Permit Fee: $250.
(d) 
Fourth or Additional Reinstatement: Permit Fee: $400.
18. 
Lead Abatement Clearance Certificate: Permit Fee $100.
d. 
UCC Electrical Subcode Permit Fees. Permit Fees shall be as follows:
1. 
Minimum Electrical Subcode Permit Fee: Permit Fee $75.
2. 
Review of Documentation or Change of Contractor: Permit Fee $75.
3. 
Electrical Fixtures and Devices; including but not limited to; lighting outlets, wall switches, fluorescent fixtures, convenience receptacles, smoke and/or carbon monoxide detectors, voice and data outlets, devices and motors less than one horsepower or one kilowatt that are not listed elsewhere in this schedule and connected to nominal 240/120 VAC 20 amp or less branch circuits, permit fees shall be as follows:
(a) 
One to 25 fixtures or devices for lighting and ceiling fans, bathroom exhaust fans only: Permit Fee $75.
(b) 
For each additional increment of 25 fixtures or devices: Permit Fee $50.
(c) 
For each dedicated 20 amp - 120 volts circuit: Permit Fee $25.
(d) 
Circulator pumps and blower motors that are a part of a furnace and are rated at less than one horsepower: Permit Fee $20.
(e) 
Utility load management device (ATS): Permit Fee $65.
(f) 
Time of day relay switch for electrical water heaters: Permit Fee $25.
(g) 
All other devices or fixtures not listed in the foregoing: Permit Fee $65.
4. 
Special Electrical Fixtures and Devices:
(a) 
Electric heating, cooking: Permit Fee $65.
(b) 
Service conductors, feeders, switches, switchboards and panel boards: Permit Fee $65.
(c) 
Motors, control equipment generators, transformers: Permit Fee $65.
(d) 
Smoke detectors: Permit Fee $65.
(e) 
Air conditioners, cooling equipment: Permit Fee $65.
(f) 
Lighting standards: Permit Fee $65.
(g) 
Swimming pools, hot tubs, hydro massage tubs, spas, steam baths and similar fixtures or devices: Permit Fees $65.
(h) 
Residential steam rooms, sauna, indoor installation of hot tubs and similar devices: Permit Fee $65.
(i) 
Indoor installation of hydro massage (no heating unit): Permit Fee $50.
(j) 
Aboveground swimming pool and installation of hot tubs with 120 volts service: Permit Fee $75.
(k) 
In-ground swimming pool and installation of hot tubs with 240 volts service: Permit Fee $125.
(l) 
All other special fixtures or devices not listed: Permit Fee $65.
5. 
Motor or Electrical Devices:
(a) 
Greater than one horsepower to five horsepower: Permit Fee $12.
(b) 
Greater than five horsepower to 10 horsepower: Permit Fee $35.
(c) 
Greater than 10 horsepower to 50 horsepower: Permit Fee $55.
(d) 
Greater than 50 horsepower to 100 horsepower: Permit Fee $75.
(e) 
Greater than 100 horsepower: Permit Fee $250.
6. 
Furnace Replacement/Heat Conversions: Permit Fee $65.
7. 
Central Air Conditioning Condenser: Permit Fee $65.
8. 
Commercial Cooking Hood Systems with Make-Up Air: Permit Fee $75.
9. 
Transformers and Generators.
(a) 
Greater than one kilowatt to five kilowatts: Permit Fee $25.
(b) 
Greater than six kilowatts to 10 kilowatts: Permit Fee $65.
(c) 
Greater than eleven kilowatts to 45 kilowatts: Permit Fee $85.
(d) 
Greater than 46 kilowatts to 112 kilowatts: Permit Fee $200.
(e) 
Greater than 112 kilowatts: Permit Fee $450.
10. 
Swimming Pool (above or in-ground), including filter motor, switch and receptacle: Permit Fee $125.
11. 
Annual Commercial Pool Inspection: Permit Fee $100.
12. 
Pool Bonding: Permit Fee $75.
13. 
Spa, Hot Tub or Fountain: Permit Fee $125.
14. 
Motors or similar devices requiring concurrent installation of individual controls, relays and switches: The Permit Fee shall be based only upon the rating of the motor or device.
(a) 
Up to 200 amps: Permit Fee $150.
(b) 
Two 201 to 300 amps: Permit Fee $200.
(c) 
Three hundred-one to 400 amps: Permit Fee $250.
(d) 
Each additional 100 amps over 400: Additional Permit Fee $75.
15. 
Service Meter Equipment, Subpanel, Feeders and Sub-Feeders:
(a) 
One amp to 50 amps: Permit Fee $50.
(b) 
Fifty-one amps to 100 amps: Permit Fee $75.
(c) 
One hundred-one amps to 150 amps: Permit Fee $125.
(d) 
One hundred fifty-one amps to 200 amps: Permit Fee $175.
(e) 
Over two hundred amps: Permit Fee $400.
(f) 
Over two hundred amps: Permit Fee $600.
16. 
Service Feeders, Ranch Circuits and Trenches:
(a) 
Each trench for first 1,000 feet: Permit Fee $50.
(b) 
Each additional 1,000 feet of trench or part thereof: Additional Permit Fee $15.
17. 
Electrical Signs:
(a) 
Permit Fee for Each: $75.
18. 
Electrical Discharge Lighting System:
(a) 
Up to 3,000 watts: Permit Fee $90.
(b) 
Each additional 1,000 watts: Additional Permit Fee $9.
19. 
Protective Signaling System; including, but not limited to; fire alarms, burglar alarms, nurse call systems, video systems, communications, intercom systems, outlets and other monitoring systems, permit fees shall be as follows:
(a) 
One to 50 devices: Permit Fee $75.
(b) 
Each additional 25 devices: Additional Permit Fee $45.
20. 
Solar Devices:
(a) 
Photovoltaic Systems - Permit Fees shall be based on the designated kilowatt rating of the solar photovoltaic system, as follows:
(1) 
One kilowatt to 50 kilowatts: Permit Fee $150.
(2) 
Fifty-one kilowatts to 100 kilowatts: Permit Fee $300.
(3) 
Greater than 100 kilowatts, for each additional 100 kilowatts: add $300 to the Permit Fee.
(b) 
Inverters - Permit Fees shall be based on the kilowatts of the unit as follows:
(1) 
Microinverters (inverters with a rating of less than one kilowatt): Permit Fee $75 (regardless of the number of microinverters).
(2) 
From one kilowatt to 10 kilowatts: Permit Fee $35.
(3) 
From 11 kilowatts to 45 kilowatts: Permit Fee $75.
(4) 
Over 45 kilowatts: Permit Fee $200.
(c) 
Disconnects and Combiner Panels - Disconnect and Combiner Box Panel Permit Fees are based on the ampere rating as follows:
(1) 
One amperes to 100 amperes: Permit Fee $75.
(2) 
Greater than 100 amperes to 225 amperes: Permit Fee $180.
(3) 
Greater than 225 amperes to 600 amperes: Permit Fee $275.
(4) 
Greater than 600 amperes to 1,000 amperes: Permit Fee $650.
(5) 
Greater than 1,000 amperes: Permit Fee $750.
21. 
Reactivation of Electrical Service: Permit Fee $100.
22. 
Vehicle Battery Charger: Permit Fee $100.
23. 
Reinstatement of Lapsed Electrical Subcode Permit:
(a) 
First reinstatement: Permit Fee $75.
(b) 
Second reinstatement: Permit Fee $150.
(c) 
Third reinstatement: Permit Fee $250.
(d) 
Fourth or Additional Reinstatement: Permit Fee $400.
24. 
Change of Use Group: Permit Fee $100.
25. 
Certificate of Continued Occupancy: Permit Fee $100.
e. 
UCC Plumbing Subcode Permit Fees. All fees charged pursuant to this chapter shall be rounded to the nearest dollar in accordance with standard mathematical practices. For plumbing fixtures and equipment, the fees shall be as follows:
1. 
Minimum Plumbing Subcode Permit Fee: Permit Fee $75.
2. 
Cross-connections and backflow preventors: subject to testing, requiring reinspection every 12 months - for each device annually: Permit Fee $100.
3. 
Fixtures and Stacks. The permit fee for fixtures, appurtenances, stacks, admittance valves, (devices not equipped with test ports) or appliances connected to the plumbing system, except as otherwise listed, shall be:
(a) 
For use R-3, R-4, or R-5: Permit Fee $18 per item.
(b) 
For all other uses: Permit Fee $21 per item.
4. 
Piping Replacement; piping repairs or replacement of piping not resulting in additional fixtures, appliances, equipment or special devices: Permit Fee $75.
5. 
Special Devices; including but not limited to; grease traps, oil separators, furnaces, generators, refrigeration units, sump pumps, backflow prevention devices, steam boilers, sewer pumps, ductwork systems, pool heaters, coils and associated drains for air-conditioning systems, steam boilers and hot water boilers and similar and other special devices not listed: Permit Fee $100.
6. 
Hot Water Heaters: installation of a water heater:
(a) 
New construction in use groups R-3, R-4 and R-5: Permit Fee $150.
(b) 
All other uses (including direct replacement): Permit Fee $75.
7. 
Heating and Cooling Equipment:
(a) 
Furnance Install - Permit Fee $100.
(b) 
Air Conditioning Condenser Install - Permit Fee $45.
(c) 
Air Conditioning Coil Install - Permit Fee $25.
(d) 
Split Cooling/heat pump units - Permit Fee $135 - Additional Heads - Permit Fee $25 each.
8. 
Appliances:
(a) 
Each appliance connected to the natural gas, propane or oil piping system: Permit Fee $15 each.
9. 
Public Utilities Connections; including public water connection and public sewer connection:
(a) 
For use group R-3, R-4 and R-5: Permit Fee $150.
(b) 
For all other uses: Permit Fee $200.
10. 
Private Wells; connections to a private well or an inspection of a pump on a private well: Permit Fee $100.
11. 
Gas Piping: new gas piping systems or alterations of an existing system shall be charged based on the number of outlets on the system, even if those outlets are for future appliances. The permit fees shall be:
(a) 
Minimum gas piping Permit Fee $85.
(b) 
Medical gas piping: Permit Fee $25 per outlet.
(c) 
All other natural gas, propane and oil piping: Permit Fee $25 per outlet.
12. 
Swimming Pool, Spas or Hot Tub Drains and Vacuum Release Valves; main drains and associated vacuum release valves:
(a) 
R-3, R-4 and R-5 uses: drain lines: Permit Fee $30 each drain inlet.
(b) 
Vacuum release: Permit Fee $60 for each device.
(c) 
All other uses: drain lines: Permit Fee $75 for each drain inlet.
(d) 
Vacuum release: Permit Fee $150 per device.
13. 
Ongoing Inspections; annual inspection or review of a certification of a cross-connection control device performance test: Permit Fee $150.
14. 
Devices and/or Fixtures Not Listed in the Foregoing: Permit Fee $65.
15. 
Reinstatement of a Lapsed Plumbing Subcode Permit:
(a) 
First Reinstatement: Permit Fee $75.
(b) 
Second Reinstatement: Permit Fee $150.
(c) 
Third Reinstatement: Permit Fee $250.
(d) 
Fourth or Additional Reinstatement: Permit Fee $400.
f. 
UCC Fire Subcode Permit Fees. All fees charged pursuant to this chapter shall be rounded to the nearest dollar in accordance with standard mathematical practices.
1. 
Minimum fire subcode permit fee: Permit Fee $75.
2. 
Appliance - oil or gas (excluding furnace) - R-5: Per Connection - Permit Fee: $25.
3. 
Appliance - oil or gas (excluding furnace) - other than R-5: Permit Fee: $45.
4. 
Dry pipe valve and compressor: Permit Fee: $250.
5. 
Elevator smoke detector recall system: Permit Fee: $150.
6. 
Fire alarm control panel - other than R-5: Permit Fee: $175.
7. 
Fire alarm control panel - Residential: Permit Fee $75.
8. 
Fire alarm, carbon monoxide detection:
(a) 
Smoke and carbon monoxide detectors; one to 20 units - Permit Fee $75.
(b) 
Twenty-one or more units - for each additional up to 20 units: Additional Permit Fee $50.
9. 
Fire sprinklers:
(a) 
One to 20 heads: Permit Fee $75.
(b) 
Twenty-one or more heads - each additional up to 20 heads: Additional Permit Fee $50.
10. 
Gas or oil fired appliance not connected to plumbing system (each appliance): Permit Fee $75.
11. 
Tank installation: Permit Fee $85 each.
12. 
Tank removal: Permit Fee $150 each.
13. 
Fireplace or wood burning stove: Permit Fee $75.
14. 
Underground fire main/water tanks: Permit Fee $250.
15. 
Suppression Systems Other than Sprinklers:
(a) 
Local application systems - pre-engineered (per system): Permit Fee $150.
(b) 
Total flooding systems: Permit Fee $180.
16. 
Commercial Kitchen Exhaust Hoods/Ducts - Per Linear Foot: Permit Fee $75.
17. 
Residential Kitchen Exhaust Hoods/Ducts - Per Linear Foot: Permit Fee $25.
18. 
Standpipe Systems - Per Unit: Permit Fee $240.
19. 
Fire Pumps (each): Permit Fee $235.
20. 
Devices/Fixtures Not Listed in the Foregoing: Permit Fee (each) $65.
21. 
Reinstatement of lapsed Fire Subcode Permit:
(a) 
First Reinstatement: Permit Fee $75.
(b) 
Second Reinstatement: Permit Fee $150.
(c) 
Third Reinstatement: Permit Fee $250.
(d) 
Fourth or Additional Reinstatement: Permit Fee $400.
g. 
UCC Mechanical Subcode Fees.
1. 
The Mechanical Inspector, or in the absence of a Mechanical Inspector, the Plumbing Subcode Official, shall have the responsibility for the enforcement of provisions of the code, except electrical, for the installation and replacement of heating or cooling equipment or water heaters or other mechanical equipment such as refrigeration, air-conditioning or ventilating apparatus, gas piping or hearing systems, or standby power generators, in existing buildings of use R-3 or R-5.
2. 
Minimum mechanical subcode fee: Permit Fee $75.
3. 
Mechanical Permit Fee $15 for the first device and $25 for each additional device.
4. 
Special Devices/Fixtures not listed in the foregoing: Permit Fee (each) $65.
h. 
Report to the Governing Body. The Construction Official shall, with the advice of the subcode officials, as appropriate and periodically, prepare and submit to the Mayor and Council, a report recommending an updated fee schedule based on the operating expenses of the Office and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
i. 
Training Fee:
1. 
In order to provide for the training, certification and technical support programs required by the State Uniform Construction Code Act and its regulations, as amended, the Borough Construction Office shall collect, in addition to the fees specified herein, a surcharge fee of $0.0006 per cubic foot of volume of new construction. Said surcharge fee shall be remitted to the New Jersey Department of Community Affairs, on a quarterly basis no later than one month next succeeding the end of the quarter for which it is due.
2. 
The Borough Construction Office shall report annually to the Bureau of Housing Inspection, of the New Jersey Department of Consumer Affairs, the total amount of the surcharge fee collected for 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:
BUILDING
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.
OWNERS
The holder or holders of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
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.
PUBLIC OFFICER
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:
TRANSIENT ACCOMMODATION
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.
a. 
"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.
TRANSIENT SPACE MARKETPLACE
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.