[Ord. #84-76]
a.
There is hereby established in the Borough a State uniform construction
code enforcing agency to be known as Little Silver Uniform 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 subsection 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 each such position.
c.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[Ord. #84-76; Ord. #88-77; Ord. #179-81; Ord. #769-2015;
Ord. No. 781-2016]
The fee for a construction permit shall be the sum of the subcode
fees listing in paragraphs a. through o. hereof and shall be paid
before the permit is issued as determined by the construction official.
a.
General. The fees for various permits authorized pursuant to the uniform Construction Code shall be in accordance with the Provision of Chapter 23 Uniform Construction Code of the Administrative Code (N.J.A.C.) 5:23-1.1 et seq. as amended from time to time.
1.
Plan Review. Twenty-five (25%) percent of the fee for a construction
permit which shall be paid at the time of the application.
2.
Construction Permit. The fees shall be the sum of all fees listed
hereinafter, plus any special fees.
3.
The annual construction permit fee shall be the estimated cost of
alterations as contained hereunder
4.
All fees to be rounded off to the nearest full dollars.
b.
Basic Construction.
1.
New Construction and Addition Fees.
[Ord. No. 781-2016]
(a)
New construction and additions in all use groups classification
except for signs and structures or buildings special fees for which
volume cannot be computed. The fees shall be $0.05 per cubic foot
of volume of the building or structure.
[Amended 6-11-2018 by Ord. No. 807-18]
2.
Renovations, alteration, repairs, pre-manufactured construction and
minor work fees.
[Ord. No. 781-16]
(a)
Additions. The fee shall be $0.03 per cubic foot of volume of
the addition. The minimum fee shall be $100 residential, $125 nonresidential.
(b)
Renovations, alterations, installation of pre-manufactured units,
foundation systems and all on-site work for pre-manufactured construction,
repairs and/or minor work. The fee shall be $25 per $1,000 of estimated
cost.
[Amended 6-11-2018 by Ord. No. 807-18]
(c)
Roofing and nonresidential siding. The fee shall be $15 for
each $1,000 dollars or part thereof based upon the value of the work.
[Amended 6-11-2018 by Ord. No. 807-18]
3.
Special Fees: Structures for which volume cannot easily be computed.
(a)
Swimming pools.
(1)
The fee for the installation of a private in-ground swimming
pool at least 24 inches deep or having a surface area of at least
250 square feet shall be $250.
[Amended 6-11-2018 by Ord. No. 807-18]
(2)
The fee for installation of an aboveground swimming pool or
hot tub at least 24 inches deep or having a surface area of at least
250 square feet shall be $125.
[Amended 6-11-2018 by Ord. No. 807-18]
(3)
The fee for the installation and inspection of public in-ground
swimming pools shall be $250.
[Amended 6-11-2018 by Ord. No. 807-18]
(4)
The fee for the installation of a pool compliant fence shall
be $75.
(b)
The permit fee for the installation of wood/coal burning stoves,
fireplaces and /or chimney shall be $75.
[Ord. No. 781-2016; amended 6-11-2018 by Ord. No. 807-18]
(d)
The permit to erect roof-mounted radio or television antennas
exceeding 12 feet in height shall be $100.
(e)
The permit to erect radio, television or other transceiving
equipment shall be $200.
(f)
Elevator fees.
(1)
Elevators, escalators, dumbwaiters and conveying equipment.
The fee shall be set by statute of the State of New Jersey.
(g)
The fee for complete tent permits including electrical, fire/building
permits, for charitable and nonprofit organization shall be $60.
[Ord. No. 781-2016]
c.
Fees for Continued Inspection of Equipment Subject of Limitations
as Per N.J.A.C. 5:23-2.23(i).
1.
Elevators. Fee shall be as set by statute of the State of New Jersey.
2.
Platform Lists. Fee shall be as set by statute of the State of New
Jersey.
3.
Dumbwaiters. Fee shall be as set by statute of the State of New Jersey.
4.
Hazard Uses and Places of Assembly. $150.
5.
Cross-Connections and Backflow Preventers. $75.
6.
Sprinklers. $150.
d.
State of New Jersey Training Fees.
1.
This fee shall be in the amount of $0.0334 per cubic foot volume
of new construction. The fee for alterations and renovations shall
be calculated based on $0.0170 per $1,000 of estimated cost computed
in accordance with N.J.A.C. 5:23-2.28.
e.
Demolition, Removal or Moving of Buildings and/or Structures. The
fee shall be:
[Ord. No. 781-2016]
2.
Removal of a building or structure from a lot within the Borough
of Little Silver to a location outside the borders of the Borough.
The fee shall be $35 for the first $1,000 of estimated costs of removal,
plus $15 for each additional $1,000 of estimated costs or any part
thereof. The minimum for the removal of a building or structure shall
be $75.
[Amended 6-11-2018 by Ord. No. 807-18]
3.
Moving a building or structure from one lot to another or to a new
location on the same lot. The fee shall be $50 for the first $1,000
estimated costs, plus $50 for each additional $1,000 of cost or any
part thereof. Estimated cost shall be the sum of the following: The
cost of moving, plus the cost of the new foundation and all work required
to place the building or structure in its completed condition in the
new locations. The minimum fee shall be $75.
[Amended 6-11-2018 by Ord. No. 807-18]
f.
Estimated Costs: For the purpose of determining estimated costs,
when referred to in this fee schedule, the applicant shall submit
to the department cost data produced by the architect or engineer
of record or by a recognized estimatory firm or by the contractor.
A copy of the contractor's bid shall be submitted when available.
The construction official will make the final decision regarding estimated
cost based upon the recommendations of the appropriate subcode officials.
g.
Fences: The fee for erection of a fence shall be $35 for the first
two hundred (200) lineal feet of fence or any part thereof and ($15)
dollars for each 100 lineal feet or any part thereof thereafter.
h.
Signs, excluding Traffic Control Devices Meeting State Motor Vehicle
Standards. The fee shall be five ($5) dollars per square foot of surface
area of the sign, computed on one side only for double faced signs.
The minimum fee shall be $60.
[Ord. No. 781-2016]
i.
Bulkheads, Dock and Piers for Construction and Repair of the Construction.
Permit fee shall be $40for the first $1,000 of estimated cost and
$20 for each additional $1,000 of estimated cost or part thereof.
j.
Construction Trailers. The permit fee for a construction trailer
to be used at a permitted construction site shall be $75.
k.
Certificate of Occupancy per U.C.C.
1.
The fee for a certificate of occupancy for new construction shall
be $100.
(a)
User Group R-3, per principal dwelling unit shall be $50.
R-3, additions and alterations shall be $50.
R-3, Accessory Uses shall be $25.
Each additional tenant space or separate unit shall be $50.
All other use groups, except Use Group T based fee shall be
$100.
Use Group T shall be $25.
[Amended 6-11-2018 by Ord. No. 807-18]
(b)
The fees for a temporary certificate of occupancy for each structure
shall be $75 for residential and $100 for commercial.
(c)
The fee for a multiple temporary certificate of occupancy shall
be $100 for each unit.
(d)
The fee for a certificate of occupancy permit pursuant to a
change in use shall be $150.
(e)
The fee for a certificate of continued occupancy shall be $100.
l.
Plumbing Subcode Fees.
1.
Fixtures and stacks, including but not limited to sinks, urinals,
water closets, bathtubs, shower stalls, floor drains, laundry tubs,
sump pumps, drinking fountains, hose bibs, water conditioning systems,
humidifiers, dishwashers, garbage disposals, clothes washers, and
similar devices. The fee shall be $20 each.
[Amended 6-11-2018 by Ord. No. 807-18]
(a)
Gas piping to each application. The fee shall be $50.
3.
5.
Special devices, including but not limited to gas fireplaces, pool
drains, grease traps, oil separators, water-cooled air-conditioner
units, pumps and similar pump devices. The fee shall be $75 each.
[Amended 6-11-2018 by Ord. No. 807-18]
7.
Roof Drains: The fee shall be $20 each.
[Amended 6-11-2018 by Ord. No. 807-18]
8.
Backflow Prevention Devices: The fee shall be $75 each.
[Amended 6-11-2018 by Ord. No. 807-18]
9.
Indirect Connections. The fee shall be $50 each.
[Amended 6-11-2018 by Ord. No. 807-18]
12.
Heating Ventilation and Air Conditioning (HVAC); Air-Conditioner
Condensate Drains. The fee shall be:
[Amended 6-11-2018 by Ord. No. 807-18]
13.
Cross Connections. The fee shall be $25 each.
14.
Trench Inspections. The fee shall be $35 each.
[Ord. No. 781-2016; amended 6-11-2018 by Ord. No. 807-18]
m.
Fire Protection Subcode Fees:
2.
Each gas or oil fired appliances such as furnaces, ranges, stove,
generators and fireplaces not connecting to the plumbing system shall
be $50.
[Ord. No. 781-2016]
3.
Special Fixtures and Equipment.
(a)
Fire suppression system, sprinkler systems, hood systems and
all other applications of fire suppression systems. The fees for a
period shall be $200 plus $4 per head.
[Amended 6-11-2018 by Ord. No. 807-18]
(b)
The fee for a permit and inspection of fire pumps shall be $100.
(c)
The fee for a permit and inspection of fire escapes shall be
$60 each.
(e)
The fee for a permit inspection of gas pumps shall be $100 per
nozzle.
[Amended 6-11-2018 by Ord. No. 807-18]
(f)
Standpipes: The fee shall be $150 each.
(g)
Fees for smoke, CO and heat detectors, alarm systems, interconnected
as wired or wireless systems:
(1)
The fee for one to ten detectors shall be $75.
[Amended 6-11-2018 by Ord. No. 807-18]
(2)
The fee for 11-20 detectors shall be $150.
[Amended 6-11-2018 by Ord. No. 807-18]
(3)
The fee for 21-100 detectors shall be $200.
(4)
The fee for 101-500 detectors shall be $300.
(5)
The fee for over 500 detectors shall be $500.
n.
Electrical Subcode Fees. Required for the installation, removal,
alteration and/or replacement of all listed items.
1.
Common electrical fixtures and devices, including but not limited
to lighting outlets, wall switches, fluorescent fixtures, convenience
receptacles, and similar fixtures or devices and are not listed elsewhere
in this schedule and connected to nominal 240/120 VAC, 20 amperes
(or less) branch circuits. The fee shall be:
[Amended 6-11-2018 by Ord. No. 807-18]
(a)
For one to ten fixtures or devices: $35.
(b)
For each increment of 20 additional fixtures and devices: $25.
NOTE: Every gang of a fixture box or outlet box including splice
boxes shall count as a device. Each recessed lighting fixture in an
insulated space shall add one unit to the fixture count.
2.
All other electrical products, not limited to electrical heating,
cooling, service conductors, feeders, disconnect switches, switchboards,
panel boards, motors, control equipment, generators, transformers,
smoke detectors, air conditioners, cooling equipment, lighting standards,
swimming pools, hot tubs, hydromassage bathtubs, spas, and steam baths.
The fee shall be:
[Ord. No. 781-2016; amended 6-11-2018 by Ord. No. 807-18]
(a)
Residential steam room, sauna, indoor installation of hot tub,
and similar devices: the fee shall be $100 each.
(b)
Indoor installations of hydromassage bathtubs: $25 each.
(d)
Circulator, pump, and blower motors that are part of a fossil
fuel furnace system and are rated less than one horsepower: The fee
shall be $20 each.
(e)
Service, feeder and branch circuit trenches: The fee for each
trench shall be $25 for the first 100 feet of trench plus $10 for
each additional 100 feet or part thereof.
(f)
Transformers with 16 ampere or less output for low voltage lighting
or annunciation: The fee shall be $20 each. If greater than sixteen
(16) ampere output, the fee shall be $60 each.
(g)
Swimming pools and hot tubs:
[Amended 6-11-2018 by Ord. No. 807-18]
(h)
Each motor or electrical device less than or equal to ten hp;
and for each transformer, generator, and device less than or equal
to ten kW: The fee shall be $20. Air-conditioning condensers shall
be priced at $20.
[Amended 6-11-2018 by Ord. No. 807-18]
(i)
Each motor or electrical device greater than ten kW and less
than or equal to fifty hp; and for each transformer, generator and
device greater than ten kW or less than or equal to thirty kW: the
fee shall be $40 each. Air-conditioning condensers shall be priced
at $40.
[Ord. No. 781-2016; amended 6-11-2018 by Ord. No. 807-18]
(j)
Each motor or electrical device greater than 50 hp and less
than or equal to 100 hp; and for each transformer, generator and device
greater than 35 kW and less than or equal to 112.5 kW: the fee shall
be $100 each.
[Ord. No. 781-2016]
(k)
Each motor or electrical device greater than 100 hp; and for
each transformer, generator and each device greater than 112.5 kW:
The fee shall be $300 each.
[Ord. No. 781-2016]
(l)
Service panels, subpanels, automated transfer switches (ATS)
or like components. The fee shall be:
|
100 amps or less
|
$100
|
|
100 amps — 200 amps
|
$150
|
|
201 amps — 300 amps
|
$200
|
|
301 amps — 400 amps
|
$250
|
|
401 amps or more
|
$300
|
(m)
Radiant heat (electric): The fee shall be $20 each.
[Ord. No. 781-2016]
(n)
Solar Systems: New installations greater than one kW and less
than or equal to twenty kW — the fee shall be $150. New installations
greater than twenty kW — the fee shall be $300.
[Ord. No. 781-2016]
3.
Protective Signaling Systems. This includes, but is not limited to
fire alarms, smoke alarms, burglar alarms, nurse call systems, video
systems, communication outlets and other monitoring systems. The fee
shall be:
4.
For weekend or other than normal work hour shut-downs and/or inspections
such as service shutdowns: The fee shall be $350.
5.
The minimum electrical subcode fees shall be:
|
Residential
|
$75
[Amended 6-11-2018 by Ord. No. 807-18] |
|
Nonresidential
|
$85
[Ord. No. 781-2016] |
6.
The minimum fee for amending or changing a permit shall be $50.
7.
The minimum fee for a swimming pool or outdoor hot tub and pool-compliant
fence barriers shall be:
[Amended 6-11-2018 by Ord. No. 807-18]
[Ord. #84-76]
The construction official shall, with the advice of the subcode
officials, prepare and submit to the Mayor and Council of the Borough
biannually, a report recommending a fee schedule based on the operating
expenses of the agency; and any other expenses of the Borough fairly
attributable to the enforcement of the State Uniform Construction
Code Act.
[Ord. #84-76]
a.
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 $06 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 quarter ending September 30, December
31, March 31, and June 30, and not later than one month next succeeding
the end of the quarter for which it is due. In the fiscal year in
which The Regulations first become effective, the fee shall be collected
and remitted for the third and fourth quarters only.
b.
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. In the fiscal year in which The Regulations first become effective,
the report shall be for the third and fourth quarters only.
[Ord. #101-77]
The following fire limits are established pursuant to N.J.A.C.
5:23: All of that area in the Borough situate, lying and being within
the B-1 and B-2 Business Zones, P-1 and P-2 Professional Zones, and
I-1 and I-2 Commercial-Industrial Zones as set forth in Chapter XVII,
Zoning, is hereby determined to be within the fire limits of the Borough
of Little Silver.
[Ord. #179-81]
a.
No building or structure except an owner-occupied residence, shall
be occupied or used, in whole or in part, and no building, except
an owner-occupied residence, can be reoccupied after it has once become
vacant until a certificate of occupancy shall have been issued by
the building official and posted on the premises stating the purpose
for which the building may be used in its several parts, the maximum
permissible live loads on the several floors, the number of occupants
that may be accommodated in the building or structure, in case such
number is limited by a provision of law or by the permit and all special
stipulations of the permit, if any. A reinspection shall not be required
if the premises becomes vacant and reoccupied within three months
after a certificate of occupancy is issued; after three months, reinspection
is required.
b.
No certificate of occupancy shall be issued for commercial, school,
multiple dwelling or industrial building until approval is obtained
by the applicant of the fire protection subcode official, board of
health, and the plumbing subcode official, as well as the construction
official.
c.
The Borough construction official shall have the authority and responsibility
for the issuance of all certificates of occupancy.
d.
In the absence of the construction official, the building subcode
official or the Borough Engineer or in cases prescribed by the building
inspector, any other inspection personnel of the Little Silver Uniform
Construction Code Enforcing Agency may act.
e.
A provisional or conditional certificate of occupancy may be issued
provided that proper security is received which is approved by both
the Mayor and Council and the Borough Engineer. Such issuance shall
not give the party any rights nor excuse said party from obtaining
all necessary permits, and such conditional certificates shall automatically
expire upon the next meeting of the Mayor and Council unless the Mayor
and Council approves and extends the time of provisional or conditional
certificate until the next meeting of the Mayor and Council.
As used in this section:
a.
"Building"
shall mean any building or structure heretofore or hereafter constructed
and designed or used for dwelling or other use or occupancy by persons,
either temporary or permanent.
b.
"Sewer"
shall mean any sewer or main designed or used for collection or disposal
of sanitary sewage within the Borough.
c.
"Authority"
shall mean the Northeast Monmouth County Regional Sewerage Authority.
d.
"Connection
date" shall mean the 90th day following the service of a notice from
the Borough that a sewer is available to serve a building, except
that in the case of a building completed subsequently to the availability
of a sewer to the premises on which a building is located, "connection
date" shall mean the date of the initial occupancy of the building
or the date of the issuance of a certificate of occupancy, whichever
of these dates shall be the earlier.
e.
For the
purpose of this section, a property shall be deemed to front on the
system if any of its boundaries abut a street or easement at a point
opposite a sewer in such street or easement which is part of a sewer
of the authority or where a building is located upon a street or easement
in which a sewer is now or hereafter constructed.
Every connection required by this section shall be made in a
manner to discharge into the sewer, all waste and sanitary sewage
originating in the building in accordance with and subject to the
rules and regulations as well as sewer system standards adopted by
the authority, which connection shall be subject to the right of inspection
and approval by the authority. All connection charges, service charges
and inspection fees imposed by the authority under its rules and regulations
or rate schedules, adopted by the authority shall be paid promptly
when due.
The owner of each building located on property which fronts
upon a sewer or is located upon any street in the Borough in which
a sewer is now or hereafter constructed shall connect such building
and property with the sewer prior to the connection date for the purpose
of delivering sewage from each building into the sewer. The connection
shall be subject to and in conformity with the rules and regulations
and sewer system standards adopted by the authority regulating and
providing for the construction of such connections and providing for
the improvement, maintenance and repair of such connections and prescribing
the kind of materials to be used in the original connection and improving
and repairing the same and the method of doing the same. Unless a
toilet is already installed therein, every owner of such building
shall install at least one and connect such building and every toilet
with the sewer.
The Borough clerk shall mail a notice to connect on a form furnished
by the authority to every owner of a building and property located
within the area in the Borough in which a sewer has been installed
and is ready to receive sewage. The Borough clerk shall mail such
notice to connect as soon as possible following receipt of written
notification from the authority, describing the area within which
such sewer is available to receive sewage. The clerk shall forward
a list of the names and addresses of the owners upon whom the notice
to connect has been served to the authority.
If the owner of any property affected by this section shall
neglect, after notice given as provided in R.S. 40:63-52 to R.S. 40:63-64,
inclusive, to make any such sewer connection or installation of toilet,
the Borough may cause such connection or installation to be made under
its direction and supervision or award one or more contracts for the
making of such improvements, and such sewer connection or installation
charge shall bear interest and be a first and paramount lien against
the respective property or properties so connected with the sewer
to the same extent as assessments for local improvements, and shall
be collected and enforced in the same manner, all as provided in R.S.
40:63-54.
This section shall be known as the Property Maintenance Code
of the Borough of Little Silver and maybe referred to herein as the
code.
It is hereby found and declared that there exists in the Borough
premises which are or may become unfit for human habitation or occupancy,
or use, due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such premises or
part thereof, unsafe or insanitary, or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Borough and persons upon or having access to the premises.
It is further found and declared that by reason of lack of maintenance
and progressive deterioration, the condition of certain premises has
the further effect of creating blighting conditions, and that if the
same are not curtailed and removed, the aforesaid conditions will
grow and spread and will necessitate in time the expenditure of large
amounts of public funds to correct and eliminate the same, and that
by reason of timely regulations and restrictions as herein contained,
the growth of blight may be prevented and neighborhood and property
values thereby maintained, the desirability and amenities of premises
and neighborhoods enhanced and the public health, safety and welfare
protected and fostered.
The purpose of this section is to protect the public health,
safety and welfare by establishing minimum standards governing the
maintenance, appearance and condition of premises situated in the
Borough, used or intended to be used or designed to be used, in whole
or in part, for commercial, business, industrial or any other nonresidential
occupancy; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to make such
premises fit for human habitation, occupancy and use; to fix certain
responsibilities and duties upon owners and operators, and distinct
and separate responsibilities and duties upon occupants; to prevent
blighting conditions and deterioration of property values; to authorize
and establish procedures for the inspection of such premises; to fix
penalties for the violations of this code; to provide for the right
of access across adjoining premises to permit repairs; and to provide
for the repair, demolition or vacation or occupancy or use. The code
is hereby declared to be remedial and essential for the public interest
and it is intended that it be liberally construed to effectuate the
purposes as stated herein.
a.
Compliance with Code. Buildings and land affected by the code, each
and every lot in a commercial or business zone and each and every
building and the premises on which it is situated in the Borough,
used or intended to be used or designed to be used, in whole or in
part, for commercial, business, industrial or any other nonresidential
occupancy shall comply with the provisions of the code, whether or
not any such building shall have been constructed, altered or repaired
before or after the adoption of the code, and irrespective of any
permits or licenses which shall have been issued for the use or occupancy
of any such building or premises for the construction, alteration
or repair of any such building or for the installation or repair of
equipment or facilities therein or thereon prior to May 20, 1968.
The code establishes minimum standards for initial and continued occupancy
and the use of all such buildings and premises and does not replace,
modify or lessen standards otherwise established for the construction,
repair, alteration or use of such buildings and premises, equipment
or facilities contained therein or thereon.
b.
Mixed Occupancy. Where there is mixed occupancy of such buildings
and premises, the residential and nonresidential uses shall be regulated
by and be subject to the applicable provisions of both this section
and of all other ordinances of the Borough.
c.
Higher Standards to Prevail in Case of Conflict with Ordinances or
Laws. In any case where the provisions of this section impose a higher
standard than that set forth in any ordinance of the Borough or laws
of the State of New Jersey applicable then the standards as set forth
herein shall prevail, but if the provisions of this section impose
a lesser standard than such other ordinance of the Borough or law
of the State of New Jersey, than the higher standard contained in
such other ordinance or law shall prevail.
d.
Issuance and Renewal of Other Permits and Licenses. All licenses
and permits relating to such buildings and premises which may be issued
or renewed pursuant to any ordinance of the Borough may be issued
or renewed only upon compliance with the code as well as compliance
with the ordinances under which such licenses and permits may be granted
or renewed.
e.
Enforcement and Compliance with Other Ordinances. Compliance with
this section shall not constitute a defense against the violation
of any provision of any other ordinance of the Borough applicable
to any building or premises, nor shall compliance with any provision
of this section relieve any owner, operator or occupant from complying
with any such other provision, nor relieve any official of the Borough
from enforcing any such other provision.
a.
Owner and Operator. Owners and operators shall have all the duties and responsibilities described in subsections 12-3.8 to 12-3.12 and regulations promulgated pursuant thereto; and no owner or operator shall be relieved from such duties or responsibilities nor be entitled to defend against any charge of violation by reason of the fact that the other of or the occupant is also responsible.
b.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed in this section and all regulations promulgated pursuant
thereto; and the occupant shall not be relieved of any such duties
or responsibilities nor be entitled to defend against any charge of
violation thereof by reason of the fact that the owner or operator
or both is or are also responsible.
c.
Contract Not to Alter Responsibilities. Unless expressly provided
to the contrary to this section, the respective duties and responsibilities
imposed hereunder on the owner, operator and occupant shall not be
altered or affected by any agreement or contract to which one or more
of them is a party.
The provisions of this section shall constitute the standards
to guide the public officer and his agents in determining the fitness
of premises for human habitation, use and occupancy; and in determining
whether premises are being maintained in such condition as to not
constitute a blighting effect upon neighboring properties nor an element
leading to a progressive deterioration and downgrading neighborhood
properties with an accompanying diminution of property values.
As used in this section:
a.
"Bathroom"
shall mean any enclosed space which contains one or more of the following:
bathtub, shower, water closet, lavatory, water closet compartment,
washbowl, sink or fixtures serving similar purposes.
b.
"Building"
shall mean any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any out-buildings
and appurtenances.
c.
"Deterioration"
shall mean the condition of a building, or part thereof, characterized
by holes, breaks, rot, crumbling, cracking, peeling, rusting, or other
evidence of physical decay, neglect, lack of maintenance or excessive
wear.
d.
"Exposed
to public view" shall mean any premises, or part thereof, which may
be lawfully viewed by the public, from a sidewalk, street, alleyway,
parking lot or from any adjoining, or neighboring, premises.
e.
"Exterior
of the premises" shall mean any part of the premises not occupied
by any building thereon; any open space on the outside of any building;
or any part of any building which is exposed to the elements.
f.
"Extermination"
shall mean the control and elimination of insects, rodents, and vermin
by eliminating their harborage places; or by removing or making inaccessible
material that may serve as their food; or by poisoning, spraying,
fumigating, trapping or other approved means of pest elimination.
g.
"Garbage"
shall mean the animal and vegetable and other organic waste resulting
from the handling, preparation, cooking and consumption of food or
other products.
h.
"Infestation"
shall mean the presence, on or within a premises, of any insect, rodents
or other pests.
i.
"Mixed
occupancy" shall mean any building containing one or more dwelling
units, rooming units, or hotel or motel accommodations and also having
a portion thereof devoted to non-residential uses.
j.
"Motor
vehicle" includes all vehicles propelled otherwise than by muscular
power, excepting such vehicles as run only upon rails or tracks.
k.
"Nuisance"
shall mean:
1.
Any public
nuisance known at public law or in law or equity jurisprudence, or
as provided by the statutes of the State of New Jersey, or the ordinances
of the Borough.
2.
Any inadequately
protected well, shaft, basement, excavation, abandoned motor vehicle,
structurally unsound fence or building, lumber, trash, debris, or
vegetation such as poison ivy, oak or sumac, or other condition which
is or may be detrimental to the safety or health of persons.
3.
Physical
conditions dangerous to human life or detrimental to health of persons
on or near the premises where the conditions exist.
4.
Whatever
renders air, food or drink or water courses situated in or bounding
the Borough unwholesome or detrimental to the health of human beings.
5.
Fire
hazards.
l.
"Occupancy
unit" shall mean any room or part thereof forming a single usable
unit used or intended to be used, or designed to be used, for nonresidential
purposes, and located within a building used or intended to be used
in whole or in part, for commercial business, industrial or other
nonresidential occupancy.
m.
"Occupant"
shall mean any person including the owner, in actual possession of,
and using an entire building or an occupancy unit in a building.
n.
"Operator"
shall mean any person who has charge, care or control of a premises,
or part thereof, whether with or without the knowledge and consent
of the owner.
o.
"Owner"
shall mean the holder or holders of the title to premises in fee simple.
p.
"Parties
in interest" shall mean all individuals who have interests of record
in a building and any who are in actual possession.
q.
"Person"
shall be given the same meaning as defined in New Jersey Statutes
Annotated 1:1-2.
r.
"Premises"
shall mean a lot, plot or parcel of land, whether or not the same
has buildings situated thereon.
s.
"Public
officer" shall mean the person who is authorized by this section to
exercise powers prescribed by this code.
t.
"Refuse"
shall mean all putrescible and nonputrescible solid wastes (except
body wastes), including but not limited to garbage, rubbish, ashes,
street cleaning, dead animals, abandoned automobiles and solid market
and industrial wastes.
u.
"Rubbish"
shall mean and include all combustible and noncombustible waste material,
except garbage.
v.
"Structure"
shall mean an assembly of materials forming a construction including,
but not limited to, buildings, stadiums, gospel and circus tents,
reviewing stands, platforms, stagings, observation towers, radio towers,
water tanks, trestles, open sheds, bins, shelters, fences and display
racks and signs.
w.
"Translucent"
shall mean the property of admitting the passage of light but diffusing
it so that objects beyond it cannot be clearly distinguished.
x.
"Water
closet compartment" shall mean an enclosure containing a single water
closet.
y.
"Weathering"
shall mean deterioration, decay or damage caused by exposure to the
elements.
z.
"Window"
shall mean an opening in the wall or roof of a building for the admission
of light which opening may be closed to the elements by casements
or sashes containing glass or other transparent material.
aa.
"Window
display area" shall mean that area of a building in proximity to the
inner surface of a window which is designed or used for the viewing
of the interior and the display of items representative of any goods
or services pertaining to the business therein.
The exterior of the premises shall be kept free of litter and
of all nuisances and hazards to the safety of persons having access
to the premises, and free of unsanitary conditions; and any of the
foregoing shall be promptly removed and abated: the word "Hazards"
shall include but is not limited to the following:
a.
Natural Growth. Dead and dying trees and other natural growth which
by reason of rotting or deteriorating conditions, lack of landscaping,
maintenance or storm damage, are or may be unsightly and may, unless
corrected, create a blighted condition, or be dangerous to persons
or property in the vicinity thereof. Trees shall be kept pruned and
trimmed and plant beds, sidewalks, curbs and pavements shall be kept
free of weeds and other obnoxious growth by the use of herbicides
or root removal to prevent such conditions.
b.
Overhangings and Ground Surface Conditions. Loose, overhanging and
projecting object and accumulations of ice and snow which by reason
of location above ground level constitute dangers to persons in the
vicinity thereof. Holes, excavations, breaks, projections, obstructions
and excretion of pets or other animals on paths, sidewalks, walks,
driveways, parking lots and parking areas, and other parts of the
exterior of the premises which are accessible to and used by persons
having access to such premises.
c.
Refuse, trash and other debris.
d.
(Reserved)
e.
Recurring Accumulation of Storm Water. Adequate run-off drains shall
be provided and maintained to eliminate recurrent accumulations of
storm water.
f.
Sources of Infestation.
g.
Foundation Walls. Foundation walls shall be kept structurally sound,
free from defects and damage, and capable of bearing imposed loads
safely.
h.
Chimneys and Flue and Vent Attachments Thereto. Chimneys and flue
and vent attachments thereto shall be maintained structurally sound,
free from defects and so maintained as to capably perform at all times
the functions for which they were designed and constructed. Chimneys,
flues, gas vents and other draft producing equipment, shall provide
sufficient draft to develop the rated output of the connected equipment,
shall be structurally safe, durable, smoke tight, and capable of withstanding
the action of flue gases.
i.
Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior
porches, landings, balconies, stairs and fire escapes shall be provided
with banisters or railings properly designed and maintained structurally
sound, in good repair, well painted or otherwise provided with a prospective
treatment to prevent deterioration, and free from defects.
The exterior of the premises shall be maintained so that the
appearance shall reflect a level of maintenance in keeping with the
standards of the neighborhood or such higher standards as may be adopted
by the Borough and such that the appearance shall not constitute a
blighting effect upon neighboring properties nor an element leading
to a progressive deterioration and downgrading of neighboring properties
with an accompanying diminution of property values including the following:
a.
Landscaping. The landscaping of premises shall be maintained in an
orderly state with lawns, plantings, ground cover, trees and bushes
regularly watered and trimmed and free from becoming overgrown, littered
and unsightly where such would constitute a blighting effect, depreciating
adjoining and nearby property. All dead plant materials shall be removed
or replaced (if such plantings are required under the Land Use and
Development Regulations Ordinance, they shall be replaced only). Open
areas shall be graded evenly to eliminate holes, depressions, gullies,
mounds, accumulations of debris or other unsightly or unsafe conditions.
b.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by the zoning chapter and regulated by the
building code or other regulations or as a lawful nonconforming use
shall be maintained in good repair. Any sign or billboard which has
weathered excessively or faded or the paint on which has excessively
peeled or cracked shall, with its supporting members, be removed forthwith
or put into a state of good repair. All non-operative or broken electrical
signs shall be repaired or shall, with their supporting members, be
removed forthwith.
c.
Windows and Window Display Areas. All windows exposed to public view
shall be kept clean and free of marks and foreign substances. Except
when necessary in the course of changing displays, no storage of materials,
stock or inventory shall be permitted in window display areas ordinarily
exposed to public view unless such areas are first screened by drapes,
venetian blinds or other means of making the windows translucent.
All screening of interiors shall be maintained in a clean and attractive
manner and in good state of repair.
d.
Repair and Painting of Exteriors of Buildings. All store fronts and
the exteriors of all buildings, shall be kept in good repair, reasonably
free of peeling or cracked paint, rust or other unsightly conditions,
painted where required or otherwise provided with protective treatment
sufficient to prevent deterioration and shall not constitute a safety
hazard or nuisance. In the event repairs to a store front become necessary,
such repairs shall be made in harmony with the original design with
the same materials or materials of appearance similar to those used
in the construction of the store front in such a manner as to permanently
repair the damaged area or areas.
e.
Outdoor Storage of Material. No person shall store materials of any
kind outdoors in any district, except for the construction of a structure
to be erected on the premises, unless specifically permitted elsewhere
in this chapter.
f.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
be so maintained as not to constitute a nuisance or a safety hazard.
In the event any such awning or marquee is not properly maintained
in accordance with the foregoing, it shall, together with its supporting
members, be removed. In the event any such awning or marquee is made
of cloth, plastic, or of similar materials, the materials, where exposed
to public view, shall be maintained in good condition and shall not
show evidence of excessive weathering, discoloration, ripping, tearing,
or other deterioration. Nothing herein shall be construed to authorize
any encroachment of an awning, marquee or its accompanying structural
members on streets, sidewalks or other parts of the public domain.
g.
Scaffolding. No temporary painting scaffold or other temporary equipment
used for construction, repair or maintenance shall be permitted to
remain in place beyond a period of three months after erection or
placement without permission of the public officer.
h.
Pavement and Curbing. Potholes and other pavement failures within
paved parking areas shall be repaired on a regular basis, but in no
event shall potholes or pavement failures be left unrepaired for a
period in excess of five days. If such potholes or pavement failures
are hazardous to vehicles, they shall be appropriately barricaded
and marked to warn motorists. Curbing, other pavement edging and sidewalks
shall be maintained free of cracks and holes which would present a
hazard to pedestrians or are unsightly. Unpaved or gravel parking
and pedestrian areas shall be maintained and regularly regraded in
a manner which will keep the area free of holes and other severe grade
changes which would be hazardous to vehicular and pedestrian usage.
i.
Traffic Signs. Paint striping traffic control signs and markings,
and all other signs and graphics shall be maintained in a condition
whereby they can be clearly seen and are legible.
j.
Shopping Carts. All areas of the site shall be kept free of debris
and other materials. All users of shopping carts or similar items
shall provide for the regular pickup of such shopping carts or similar
items from parking areas and other portions of the site at least once
every hour during their business hours. All shopping carts or similar
items shall either be stored indoors or in a location adjacent to
the building specifically set aside for such storage during nonbusiness
hours. Shopping carts shall be marked with the name of the establishment,
title and telephone number of person responsible for maintenance of
the shopping carts, and a notice that they are not to be removed from
the property on which the business is located. If shopping carts are
removed from the property and abandoned, they shall be picked up by
the business to which the cart belongs within 24 hours of notice from
the Borough. Failure to pick up such shopping carts within 24 hours
of notice shall be a violation of this chapter, subject to the penalties
prescribed herein.
k.
Refuse. All refuse stored outdoors shall be kept within containers
having lids, in a manner that the refuse is not visible to pedestrians
or persons within vehicles on or off the site. Such containers shall
not be located to interfere with vehicular or pedestrian circulation.
l.
Outdoor Lighting. All outdoor lighting shall be maintained in a working
condition.
The exterior of every building shall be maintained in good repair
and all exterior surfaces shall be kept painted or otherwise provided
with a protective treatment where necessary for purposes of preservation
and appearance and free from broken glass, loose shingles or siding,
crumbling masonry, excessively peeling paint or other conditions reflective
of deterioration or inadequate maintenance to the end that the building
itself may be preserved, safety and fire hazards eliminated, and adjoining
properties and the neighborhood protected from blighting influences.
a.
Floors. Floors shall be maintained in a structurally sound condition
capable of safely bearing imposed loads and shall be maintained at
all times in a condition so as to be free of hazards.
b.
Bathrooms. Bathroom and water closet compartment floors shall be
surfaced with water resistant material and shall be kept in a dry,
clean and sanitary condition at all times.
c.
Supporting Structural Members. Supporting structural members shall
be kept structurally sound, free from deterioration and capable of
safely bearing imposed loads.
d.
Responsibility. In buildings containing not more than four occupancy
units, it shall be the responsibility of each of the occupants and,
in buildings containing more than four occupancy units, it shall be
the responsibility of the owner and operator to furnish such receptacles
as are needed for the proper storage of garbage and rubbish until
removal and to provide for the periodic removal of all garbage and
rubbish from the premises in accordance with the regulations and ordinances
of the Borough.
e.
Storage. Storage bins, rooms and areas shall not be used for the
storage of accumulated garbage and rubbish unless:
1.
Such garbage is stored in watertight receptacles of metal or other
material approved by the public officer and provided with tight fitting
covers.
2.
Such rubbish is stored in nonleaking receptacles of metal or other
material approved by the public officer:
3.
Such storage bins, rooms and areas are of smooth, easily cleanable
construction and are kept in a sanitary condition.
4.
Such areas, if located outside of a building and visible from any
public walk, street or public parking area, are shielded by a method
approved by the public officer and constructed in compliance with
the applicable provisions of the building code of the Borough.
f.
Rubbish. Rubbish and garbage shall be placed or kept on the property
within the building located thereon or not nearer to the street line
than the building line or nearer to the street line than the face
of the building, whichever distance from the street line is greater,
except during any "clean-up week" proclaimed by the Mayor and Council.
g.
Combustible Materials. Inflammable or combustible materials shall
not be stored on the premises unless they are of a type approved for
storage by regulation of the fire department and then only in such
quantities and in such fireproof storage containers as may be prescribed
by applicable fire department regulations.
h.
Insect Extermination. Every occupant of a single occupancy unit in
a building comprising a single occupancy unit shall be responsible
for the extermination of any insects, rodents, or other pests on the
premises; and each occupant of any occupancy unit in any building
which has more than one occupancy unit shall be responsible for such
extermination whenever his occupancy unit is the only one infested.
Notwithstanding the foregoing provisions of this subparagraph whenever
infestation is caused by failure of the owner or operator to maintain
any such building in a reasonably pest-proof condition, extermination
shall be the responsibility of the owner and operator. Whenever infestation
exists in two or more of the occupancy units in any building or in
the common parts of any building containing two or more occupancy
units, extermination shall be the responsibility of the owner and
operator.
a.
Electric Service Required. Every building shall be provided with
electric service, where required, in accordance with the standards
of the National Electrical Code, as amended.
b.
Water Closet Fixtures. Every bathroom and water closet compartment
shall be provided with permanently installed and operating artificial
lighting fixtures with switches and wall plates so located and maintained
that there is no danger of electrical shock from a simultaneous contact
with a water supply fixture.
c.
Posting of Maximum Fuse Sizes. Maximum fuse sizes as specified by
the National Electric Code as amended, shall be posted conspicuously
on the inside cover of all fuse boxes and no fuse shall be installed
in excess of the stated maximum. Owners and operators shall not be
held responsible for violations in fuse sizes where the correct maximum
size is stated and the fuse box is located within any part of the
building which is the exclusive possession of an occupant other than
the owner.
a.
Report of Violation. Upon discovery by an occupant of any condition
on the premises which constitutes a violation of this code, the occupant
shall report the same to the public officer responsible for enforcement
of this code.
b.
Condition of Premises. All parts of the premises under the control
of an occupant shall be kept in a clean, sanitary and safe condition
by the occupant and the occupant shall refrain from performing any
acts which would render other parts of the premises unclean, unsanitary
or unsafe, or which would prevent the owner or operator from performing
any duty required hereunder.
a.
Code Enforcement Officer to be Public Officer. The code enforcement officer of the Borough is hereby designated as the public officer to exercise the powers prescribed by this code. He may appoint or designate such other public officials or employees of the Borough to perform such of his functions and powers under this code as he deems necessary for the enforcement of this code including the making of inspections and holding of hearings. He may prosecute any violations of subsections 12-3.8 to 12-3.12, both inclusive, of this code and any regulations promulgated pursuant thereto, in the Municipal Court of the Borough of Little Silver.
b.
Inspection of Premises and Prosecution of Violations. All premises
within the Borough covered by this code shall be subject to inspection
by the public officer to determine the condition in order that he
may perform his duty of safeguarding the health and safety of the
persons occupying the same and of the general public. For the purpose
of making such inspections, the public officer is hereby authorized
to enter, examine and survey at all reasonable times all such premises;
provided, however, that such entries are made in such manner as to
cause the least possible inconvenience to the persons in possession.
The owner, operator and persons occupying the same shall give the
public officer free access to the same at all reasonable times for
the purpose of such inspection. Every person occupying such premises
shall give the owner and operator access to that portion of the premises
occupied by or in the possession of such person at all reasonable
times for the purpose of making such repairs, alterations or corrections
as are necessary to effect compliance with the provisions of this
code or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this code.
Should the public officer or his designee, determine that a violation of subsections 12-3.8 to 12-3.12, both inclusive, of this code, he shall cause a complaint to be filed, without prior notice to the owner or occupant of the premises, charging either the owner or the occupant or both the owner and the occupant with violation.
The penalty for violation of any provision of this chapter shall be as set forth in section 5-13 of these ordinances. Each and every day in which a violation exists shall constitute a separate violation.
c.
Determination of Unfitness for Use of Occupancy. For the purposes of this section the public officer may determine that a building is unfit for human habitation, use or occupancy if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of persons occupying or using the same or neighboring buildings or other residents of the Borough. Such conditions may include the following: defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitation facilities; dilapidation; deterioration; disrepair; structural defects; uncleanliness; or failure to comply with the standards established by subsection 12-3.6 of this code.
d.
Charges and Hearing. Whenever a petition is filed with the public
officer by a public authority (as defined in R.S. 40:48-2.4) or by
at least five residents of the Borough charging that any building
is unfit for human habitation or occupancy or use, or whenever it
appears to the public officer that any building is unfit for human
habitation or occupancy or use, the public officer shall, if his preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such building
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the public officer or his designated
agent at a place fixed not less than ten days nor more than 30 days
after the serving of the complaint; and that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person, or otherwise, and give testimony at the place
and time fixed in the complaint; and that the rules of evidence prevailing
in the courts of the State of New Jersey shall not be controlling
in hearings before the public officer.
e.
Finding of Fact and Order. If, after the notice and hearing provided
for in subparagraph d, the public officer determines that the building
under consideration is unfit for human habitation or 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:
1.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order or at the option of the owner to vacate or to have the building
vacated and closed within the time set forth in the order; and
2.
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, the owner shall remove or demolish the building within
a reasonable time as specified in the order of removal.
f.
Failure of Owner to Comply with Order to Repair or Vacate. If the
owner fails to comply with an order requiring him to repair, alter
or improve or, at his option, 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; and 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."
g.
Failure of Owner to Comply with Order to Remove or Demolish. 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.
h.
Lien of Municipality. The amount of:
1.
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 code determined in favor of the Borough
and
2.
The cost of any such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, undertaken pursuant
to subparagraphs f and g, or the amount of the balance remaining after
deduction of the sum, if any, realized from the sale of materials
derived from such building or from any contract for removal or demolition
thereof, shall be a municipal lien against the real property upon
which such cost was incurred.
If the building is removed or demolished by the public officer,
he shall see the materials of such building. There shall be credited
against the cost of the removal or demolition 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 credits or
if the sum total of such costs exceeds the total of credits, a detailed
statement, called the municipal lien certificate of the aforesaid
costs and the amount so due, shall be filed by the public officer
with the municipal tax assessor of the Borough and a copy shall be
forwarded by the public officer to the owner by registered mail. If
the total of the credits exceeds such costs, the balance remaining
shall be deposited with the Clerk of the Superior Court, by the public
officer, and shall be secured in such manner as may be directed by
the 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 the court; provided, however, that nothing contained
in this section shall be constructed to limit or impair 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. Any
owner or party in interest may, within 60 days from the date of the
filing of the municipal lien certificate, proceed in a summary manner
in the Superior Court to contest the reasonableness of the amount
or the accuracy of the costs set forth in the municipal lien certificate.
i.
Certificate of Necessity.
1.
Who May Apply. Where any owner, operator or occupant is required
to make repairs or otherwise improve his property and is unable to
comply with this code without having a right of access to the premises
through or across adjoining premises not owned by him or under his
control, and where right of access has been refused such person required
to make such repair, or where the person empowered to grant such access
cannot be found or located, then upon the filing of an affidavit by
such person with the public officer, setting forth the facts and applying
for a certificate of necessity, the public officer shall serve written
notice of a hearing on the application upon the applicant for such
certificate and upon the owner or person empowered to grant such access.
The notice of hearing shall state the matters to be considered at
the hearing and shall be served in the manner prescribed for the service
of complaints and orders by R.S. 40:43-2.7, except that the public
officer shall not be required to record or lodge a copy of such notice
with the Country of Monmouth. At least ten days' notice of such
hearing shall be given where the address of the owner or person empowered
to grant such access is known. If such address is unknown or cannot
be ascertained by the public officer in the exercise of reasonable
diligence, at least 30 days' notice shall be given, calculated
from the date of the first newspaper publication.
2.
Hearing. On the day fixed for hearing, the public officer shall provide
opportunity for the owner or person empowered to grant such access
to state why access should not be granted.
3.
Issuance of Certificate; Conditions. If the public officer determines
that such access is necessary to accomplish or complete repairs or
improvements necessary for compliance with the code, then the public
officer shall issue a certificate of necessity granting and ordering
access and setting forth therein the person to whom the certificate
shall apply, such conditions as shall be necessary to protect adjoining
property, reasonable time limits during which such certificate shall
operate, precautions to be taken to avoid damage and, where the public
officer deems proper, that a bond be procured at the expense of the
person seeking such access to secure such adjoining property owner
against damage to persons or property arising out of such right of
access. The amount set for the bond shall take into consideration
the extent, nature and duration of the repairs and improvements, their
proximity to the premises over which access has been sought and the
potential risk of damage. The bond, if required, shall be filed with
the public officer.
4.
Refusal to Comply with Certificate. Any refusal to comply with a
certificate issued hereunder, or any interference with the purpose
for which a certificate is issued, shall be a violation of this code,
and, in addition to the penalties provided, the public officer may
upon affidavit, setting forth the facts, apply to the municipal judge
of the Borough for a warrant authorizing access and, if the municipal
judge is satisfied as to the matters set forth in the affidavit, he
shall authorize the issuance of a warrant permitting access.
j.
Service Oaths; Rules and Regulations. Complaints, orders and certificates
of necessity issued by the public officer shall be served and recorded
or lodged for record in the manner prescribed by R.S. 40:48-2.7.
The public officer is hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out the purposes
and provisions of this section including but not limited to the following
in addition to others herein granted: to administer oaths, affirmations
examine witnesses and receive evidence, and, to make and adopt such
written rules and regulations as he may deem necessary, and the Mayor
and Council approves by resolution for the proper enforcement of the
provisions of this section; provided, however, that such rules and
regulations shall not be in conflict with the provisions of this section,
nor in anywise alter, amend, add to or supersede any of the provisions.
The public officer shall file a certified copy of all such rules and
regulations in his office and in the office of the Borough clerk.
k.
Annual Review of Code Provisions and Operations. The public officer
shall in the month of December of each year review with the fire chief,
health officer, Borough Engineer and Borough attorney the procedure
and operation of this section and report to the Borough Council on
or before January 1:
1.
Any recommended amendments, additions or modifications of the provisions
of this section consonant with the field experience of the personnel
charged with enforcement.
2.
A summary of the enforcement experiences indicating number of violations
abated, number of cases processed in the municipal court, number of
inspections made and such other and further pertinent information
as will provide the Mayor and Council with an annual account of the
maintenance of the standards required by this section.
3.
Any further recommendations as to how this section and the procedures
and operations thereunder may be improved.
a.
No person, persons, company, firm, partnership or corporation shall
construct or repair any sidewalk, curb or driveway in a commercial
or business zone without first obtaining a written permit therefor
from the Borough clerk.
b.
Applications shall be obtained from the Borough clerk and filed in
triplicate. The application shall contain a clear and definite description
of the location of the work, together with a sketch showing the proposed
sidewalk, curb and/or driveway, and shall be accompanied by an application
fee of two ($2) dollars, plus the inspection fee required under paragraph
f of this subsection.
c.
No person shall lower the curb or change the grade of a sidewalk
for the purpose of providing a driveway across such sidewalk without
first obtaining a permit therefor from the Borough clerk, as hereinabove
set forth.
d.
All sidewalks, curbs and driveways shall be built to lines and grades
first approved by the Borough Engineer. In no event shall a driveway
opening in the curb line exceed 25 feet in width.
e.
Specifications for the construction or repair of sidewalks, curbs
and driveways shall be as follows:
1.
Sidewalks: 3,000 lb. concrete shall be used; four inches thick with
a minimum width of four feet wide.
2.
Curbs: 3,000 lb. concrete shall be used, with a minimum of 6 x 8
x 16 inch battered curb.
3.
Driveways: from curb to sidewalk: 3,000 lb. concrete shall be used,
6 inches thick and shall extend from the back of the curb where it
shall be a minimum of 16 feet to the property line or back of sidewalk
where it shall be a minimum of 10 feet.
f.
The fee payable by the applicant to the Borough Engineer for his
services for inspecting the line and grade and the inspection of the
complete work shall be twenty-five ($.25) cents per lineal foot of
sidewalk, curb or driveway, with a minimum charge of $25. Any field
survey required by the application shall be done by the Borough Engineer
at the property owner's expense.
g.
The owner or occupant of property abutting any such sidewalk, curb,
or driveway shall maintain such sidewalk, curb or driveway at all
times in a good and passable condition at a grade which will prevent
water accumulating thereon, and shall replace any portion thereof
which becomes broken and shall maintain the same so the joints thereof
are even.
h.
No person shall cause any injury or damage to any sidewalk, curb
or driveway without causing the same to be repaired forthwith.
i.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to a fine not to exceed $500,
or be imprisoned for a term not to exceed 90 days, or both.
(Amended 10/12/68)
a.
Purpose. The purpose of this subsection is to protect the public
health, safety and welfare, and the deterioration of residential property
values, caused by the failure of property owners to maintain residential
property in accordance with the minimum standards hereinafter established.
This subsection is declared to be remedial and essential for the public
interest, and it is intended that it is liberally construed to effectuate
the purposes stated herein.
b.
Applicability. All property zoned for residential use, or used for
residential purposes, vacant or improved, shall comply with the provisions
of this subsection.
c.
Responsibility. The owner, tenant and/or occupant of property subject
to this subsection shall be jointly and severally liable for compliance
with its provisions, and such liability shall not be affected by any
contract or agreement between the parties liable hereunder.
d.
Maintenance: Grass Height. The lawn or grass area of any residential
property shall not be permitted to grow to a height of nine inches
or greater.
e.
Enforcement. The code enforcement officer of the Borough is hereby
designated as the public officer to exercise the powers herein prescribed
and enforce the provisions of this subsection.
f.
Inspection of Property. The code enforcement officer is hereby authorized
to enter upon and examine residential property for the purpose of
investigating and determining compliance with the provisions of this
subsection; provided, however, that such entry shall be at reasonable
times.
g.
Complaint.
Should the code enforcement officer determine that a violation of
this subsection has occurred, he shall cause a complaint to be filed
against the responsible party or parties.
h.
Penalty.
Any person violating any of the provisions of this subsection shall,
upon conviction, pay a fine which shall not exceed $500 or be less
than $100. For any subsequent conviction, the fine imposed shall not
exceed $1,000 or be less than $200 for each such subsequent conviction.
[1]
Editor’s Note: Prior ordinances codified herein include
portions of Ordinance Nos. 9/3/68 and 82-76.
Any building which is unfit for human habitation or occupancy,
or use, due to dilapidation, defects increasing the hazards of fire,
accidents or other calamities, lack of ventilation, light or sanitation
facilities, or due to other conditions rendering such building, or
part thereof, unsafe or insanitary or dangerous or detrimental to
the health or safety or otherwise inimical to the welfare of the residents
of the Borough shall constitute a nuisance.
The building inspector or the chief of the fire department or
the health officer of the board of health shall be designated or appointed
to exercise the powers prescribed by this section.
The public officer may determine that a building is unfit for
human habitation or 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; such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair; structural defects; or uncleanliness.
The public officer shall 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 others
herein granted; (a) to investigate the building conditions in the
Borough in order to determine which buildings therein are unfit for
human habitation or occupancy or use; (b) to administer oaths, affirmations,
examine witnesses and receive evidence; (c) 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; (d) to appoint and fix the duties of
such officers, agents and employees as he deems necessary to carry
out the purposes of the section; and (e) to delegate any of his functions
and powers under the section to such officers and agents as he may
designate.
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Borough charging that
any building is unfit for human habitation or occupancy or use or
whenever it appears to the public officer (on his own motion) that
any building is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer (or his designated agent) at a place
therein fixed not less than seven days nor more than 30 days after
the serving of said complaint; that the owner and parties in interest
shall be given the right to file an answer to the complaint and to
appear in person, or otherwise, and give testimony at the place and
time fixed in the complaint; and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
If, after such notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use he 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:
a.
Requiring the repair, alteration or improvement of the said building
to be made by the owner, within a reasonable time, which time shall
be set forth in the order or at the option of the owner to vacate
or have the said building vacated and closed within the time set forth
in the order; and
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 said building within the
time specified in the order, then the owner shall be required to remove
or demolish the said building within a reasonable time as specified
in the said order of removal.
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."
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.
Complaints or orders issued by a public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the Borough, or, in the absence of such newspaper,
in one printed and published in Monmouth County and circulating in
the Borough. A copy of such complaint or order shall be posted in
a conspicuous place on premises affected by the complaint or order.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Recording Officer of the County of Monmouth.
The amount of: (a) 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 ordinance determined
in favor of the Borough, and (b) such 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. 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,
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal of 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. If the total
of the credits exceed such costs, the balance remaining shall be deposited
in the Superior Court by the public officer, and shall be secured
in such manner as may be directed by such court, and shall be disbursed
according to the order of judgment of the court to the persons found
to be entitled thereto by final order of judgment of such court. Any
owner or party in interest may, within thirty days from the date of
the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or
the accuracy of the costs set forth in the municipal lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Nothing in this section 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, nor is anything in this section intended to limit the authority
of the enforcing agency or construction official under the "State
Uniform Construction Code Act". P.L. 1975, c. 217 (c. 52:27D-119,
et seq.) or any rules or regulations adopted thereunder.
Any person aggrieved by an order issued by a public officer
under this section may, within 30 days after the posting and service
of such order, bring an action for injunctive relief to restrain the
public officer from carrying out the provisions of the order and for
any other appropriate relief. The court may proceed in the action
in a summary manner or otherwise. The remedy herein provided shall
be exclusive, and no person affected by an order of the public officer
shall be entitled to recover any damages for action taken pursuant
thereto, or because of noncompliance by any person with any order
of the public officer.
The following terms whenever used or referred to in this section
shall have the following respective meanings for the purposes of this
section, unless a different meaning clearly appears from the context:
a.
"Governing
body" shall mean the Mayor and Borough Council, or other legislative
body charged with governing the Borough.
b.
"Public
officer" shall mean the officer, officers, board or body who is or
are authorized by the section to exercise the powers prescribed by
such section.
c.
"Public
authority" shall mean any housing authority or any officer who is
in charge of any department or branch of the Borough of Little Silver,
Monmouth County, or the State of New Jersey relating to health, fire,
building regulations, or other activities concerning buildings in
the Borough.
d.
"Owner"
shall mean the holder or holders of the title in fee simple.
e.
"Parties
in interest" shall mean all individuals, associations and corporations
who have an interest of record in a building and any who are in actual
possession thereof.
f.
"Building"
shall mean any building, or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouse, and
appurtenances belonging thereto or usually enjoyed therewith.
As used in this section:
shall mean any parcel of land, or portion thereof, the boundary
lines of which can be ascertained by reference to the maps and records,
or either, in the office of the tax assessor of the Borough or the
office of the Monmouth county clerk.
shall mean to dig, excavate, remove, grade, re-grade, level
or otherwise alter or change the location or contour, transport, fill
or supply, but shall not be construed to include plowing, spading,
cultivating, harrowing or discing of soil or any other operation usually
and ordinarily associated with the tilling of soil for agricultural
or horticultural purposes.
shall mean any earth, top soil, sand, clay, loam, gravel,
humus, rock or dirt without regard to the presence or absence therein
or organic matter.
No person shall move or permit to be moved any soil from, in
or upon any land in the Borough, unless and until a soil permit therefor
shall first have been issued by the building subcode official.
No owner of any land in the Borough shall permit any soil in
or upon such land to be moved from the premises by any other person
until such person has first obtained a soil permit to do so.
No soil permit shall be required in connection with the moving
of any soil from, in or upon any land, as shown upon any subdivision
map approved heretofore or hereafter preliminarily as a major subdivision
or finally as a minor subdivision by the Mayor and Council pursuant
to the land subdivision chapter, provided such moving is performed
in accordance with contours approved under the major or minor subdivision.
Any person, not exempt under subsection 12-5.4 above, desiring to move any soil from, in or upon any lands within the corporate limits of the Borough shall, before commencing work, file a written application for a permit on a form furnished by the Borough, which application shall contain a description of the work to be done, the amount of soil to be moved, the area affected, the purpose of same, the length of time the work will require, the name and address of the owner of the land and such other pertinent data as the Mayor and Council require. When the application provides for the moving of soil of not more than 500 cubic yards, it shall be filed with the building inspector who shall issue a permit upon payment of a permit fee of five ($5) dollars.
Where the application provides for the moving of soil in excess
of 500 cubic yards, on any parcel of land under single ownership,
the same shall be filed with the Borough clerk together with a filing
fee of twenty-five ($25) dollars. After filing, the same shall first
be forwarded to the Borough Engineer for review and recommendation.
Following his review and recommendation, the application shall then
be forwarded to the planning board for review and recommendation.
The application shall be forwarded to the Mayor and Council for final
action. Upon request, the applicant shall be granted a hearing before
the Mayor and Council, in connection with the application. Upon final
approval the Borough clerk shall issue a permit subject to the terms
of this section and any special conditions found necessary in a specific
case. The permit shall expire one year from date of issuance but may
be renewed for an additional six months in the discretion of the Mayor
and Council.
Final action by the Mayor and Council shall be taken under the
above subsection no later than 90 days after the first regular meeting
of the Mayor and Council following submission of the application to
the Borough clerk. If no final action is taken within such time by
the Mayor and Council and unless the delay is caused by the applicant,
the application shall be deemed to have been granted and a permit
shall be issued. The applicant shall be responsible for the transmittal
of the application to the Borough Engineer, planning board and the
Mayor and Council.
In considering and reviewing the application and in issuing
or denying the permit, the Mayor and Council shall be guided by the
general purpose of municipal planning, and shall take into consideration,
the following factors:
a.
Soil erosion by water and wind.
b.
Surface water drainage.
c.
Soil fertility.
d.
Lateral support of abutting street, lots and land.
e.
Public health and safety.
f.
Land values and uses.
g.
Such other factors as may bear upon or relate to the coordinated,
adjusted and harmonious physical development of the Borough.
h.
Water table.
In considering the application, the Borough Engineer, planning
board or the Mayor and Council may require the submission of a map
or maps containing the following data:
i.
Present contour lines and contour grades of the lots and lands.
j.
Proposed contour lines and proposed contour grades resulting from
such intended removal of soil in relation to the adjoining property.
Before any permit under subsection 12-5.6 is issued, the applicant shall file with the Mayor and Council a performance bond with satisfactory surety, the amount to be determined by the Borough Engineer and the Mayor and Council, which bond shall be conditioned upon full and faithful performance by the principal within the time specified in the application of all the proposed work as set forth in the application, and which may be found necessary by the Mayor and Council. In addition, the bond shall be conditioned upon the repair, at the expense of the owner or applicant, of any street damaged by the transportation of soil in connection with the application if, in the judgment of the Mayor and Council, such repairs are deemed necessary. The term expense shall include the cost and supervision incurred by the Borough Engineer in connection with such repairs.
The owner of the premises or the person in charge of the moving
of soil, where a soil permit has been issued, shall not take away
the top layer of arable soil to a depth of six inches but it shall
be set aside for retention on the premises and shall be re-spread
over the premises when the rest of the soil has been removed, pursuant
to levels and contour lines approved by the Mayor and Council where
such approval is required herein. All fill material shall be suitable
sandy material placed to the full width of the cross-section and shall
be compacted by distributing the same uniformly over each succeeding
layer or by rolling with a ten-ton roller. Stumps, trees, rubbish,
bricks, rocks, concrete and other materials unsuitable for drainage
such as clay shall not be utilized in any filling process in the Borough.
In the moving of soil the owner or person in charge shall so
conduct the operations that there shall be no sharp declivities, pits,
depressions or mounts.
The building inspector, Borough Engineer, Mayor or any member
of the Borough Council or planning board shall at all times have the
right to inspect any property where a permit has been issued. The
Borough Engineer, Borough Council and planning board shall also have
the right to inspect the property at any time for the purpose of laying
out roads, drainage, or for any other purpose deemed in the best interest
of the Borough.
Where the amount of soil to be moved exceeds 500 cubic yards for every 15,000 square feet of land, there shall be deposited with the Borough clerk before issuance of the permit, a permit fee computed at the rate of three cents per cubic yard multiplied by the estimated number of yards of soil to be moved within the licensed period as defined in this section, except rock, and six cents per cubic yard on rock, as stated in the application, provided the Mayor and Council may waive or modify this requirement for the entire payment initially, but shall require not less than 10 percent of the total permit fee to be paid with the application. The balance of the fee shall be paid in monthly installments equal to the number of yards moved in each month multiplied by the amount stipulated in this subsection. The monthly installments shall be paid on or before the tenth day of the month following the month in which the soil or rock has been removed. Failure to make payment on this date shall result in suspension of the permit until all arrears have been paid. The permit fee shall be in addition to the filing fee required under subsection 12-5.6.
No oil, gas or electric heating equipment shall be installed
until application has been filed with a permit secured from the plumbing
inspector.
The fee to be paid to the Borough for the permit shall be the
sum of five ($5) dollars; the fee to be paid for the two inspections
to be made in the case of new installations shall be the sum of five
($5) dollars, and shall be paid to the plumbing inspector.
The application shall set forth in detail the specifications
of proposed installation based on the provisions hereinafter prescribed
by this section. The application shall be accompanied by plans drawn
to an indicated scale; these plans shall show in detail location and
method of oil storage and all other features necessary for a complete
description of the oil burning system, and including proposed methods
for protecting combustible material adjacent to the oil burner, gas
or electric heating units.
a.
There shall be no metal pipe or terra-cotta pipe used as a chimney
in any type of building or dwelling in either new or old construction.
All existing metal pipe of flue used as a chimney now in use shall
be replaced by a flue lined chimney within a period of 60 days after
due notice in writing from the plumbing inspector.
b.
The installation of any type of heating system in a crawl space or
unexcavated basement is unlawful.
c.
Heating systems that are installed in a garage, shall be enclosed
in a room that is completely fireproofed.
For the purpose of this section:
a.
"Fuel
oil burners" shall mean any device including burners, motors, piping
valves and other equipment designed and arranged for the purpose,
of burning fuel oil for heating purposes.
b.
"Tanks"
shall mean any container for such fuel oil, having a capacity of 25
gallons and over, directly or indirectly connected with such fuel
oil burners.
c.
"Auxiliary
tanks" shall mean any tank between the storage tank and the burner
delivering oil by gravity or pressure to the fuel oil burners or blower.
d.
"Storage
tank" shall mean any tank for the storage of oil connected through
some approved means of suction feed directly to the fuel oil burner
or indirectly to the fuel oil burner through approved auxiliary tank.
The plumbing inspector shall issue permits for the installation
of only those oil burners which are listed as standard by the National
Board of Fire Underwriters.
a.
When located above ground, inside of buildings, or above ground outside
of aggregate capacity of tanks used in connection with the system
shall not exceed 275 gallons.
b.
Quantities exceeding 275 gallons shall be stored underground.
c.
All tanks other than gravity and pressure tanks shall be installed
with top of tank below the level of the burner. Where conditions are
such that this arrangement is not practicable, adequate provisions
to prevent siphoning shall be provided.
a.
Tanks shall be constructed of galvanized steel, open hearth or wrought
iron of a minimum gage (U.S. Standard depending upon the capacity
as given in Table 1).
|
TABLE 1
| ||
|---|---|---|
|
Capacity Gallons
|
Gage
|
Min. Thickness of Material
lbs. per square foot
|
|
1 to 285
|
16
|
2.50
|
|
285 to 560
|
14
|
3.125
|
|
561 to 1,100
|
12
|
4.375
|
|
1,101 to 4,000
|
7
|
7.50
|
|
4,001 to 12,000
|
1-2 inch
|
10
|
|
12,001 to 20,000
|
5-6 inch
|
12.50
|
|
20,001 to 30,000
|
3-8 inch
|
15
|
|
For tanks of 1,100 gallons and more, a tolerance of ten percent
in capacity shall be allowed. Underground tanks of open hearth or
wrought iron thinner than No. 7 gage shall be galvanized. If adequate
internal bracing is provided, tanks from 12,000 to 30,000 gallons
capacity may be built of one-fourth inch plate.
|
b.
All joints shall be riveted and caulked, brazed, welded, or made
tight by some equally satisfactory process. Shells of tanks shall
be reinforced where connections are made, and all connections made
through top of tank above the liquid level.
c.
Tanks for system under pressure shall be designed for four times
the maximum working pressure and tested to twice the maximum working
pressure.
d.
Underground tanks shall be coated on the outside with tar, asphaltum,
or other suitable rust-resisting material, depending upon the condition
of the soil; where soil contains corrosive substances special protection
shall be required.
e.
All inside, aboveground and auxiliary tanks shall be coated with
a good quality of rust-resisting paint.
Every underground storage tank shall be provided with an open
or automatically operated vent pipe without trap and draining to tank.
a.
All inside, above ground tanks outside aboveground tanks, and auxiliary
tanks shall be provided with open vent pipes.
b.
All vent pipes shall be of ample size to prevent abnormal pressure
in case of fire or when filling and shall in no case be less than
one inch pipe size; lower and shall extend through tank's top
not more than one inch; outer end will terminate outside of building
at a point not less than three feet, measured horizontally or vertically
from any window or other building opening, and be provided with screened
weatherproof hood, and not less than ten feet above the grade.
Filling pipe shall be placed outside of building, so located
as to preclude flow of oil or vapor therefrom through building openings
and so designated that oil will not flow on any part of sidewalk.
The same shall be watertight with lock cap.
a.
Tanks. Tanks shall be buried underground with top of tank not less
than three feet below the surface of the ground and below the level
of any piping to which the tanks may be connected, except that in
lieu of the three feet cover tank may be buried under 24 inches of
earth and a cover of reinforced concrete at least 12 inches in thickness,
provided which shall extend at least two feet beyond the outline of
the tank in all directions; the concrete slab shall be set on a firm,
well tamped earth foundation. Tanks shall be secured, anchored or
weighed in place to prevent floating where special conditions make
it necessary.
b.
Where a tank cannot be entirely buried, it shall be covered with
earth to a depth of at least three feet with a recommended slope on
all sides of not less than three to one, but under no circumstances
shall such slope be less than two to one, depending on the angle of
repose of the earth. Such cases shall also be subject to such other
requirements as may be deemed necessary by the plumbing inspector.
c.
If the tank cannot be set below the level of all piping to which
it is connected, satisfactory arrangements shall be provided to prevent
siphoning or gravity flow in case of accident to the piping. When
it is impractical to bury storage tanks, the plumbing inspector may
allow them to be installed inside of building when completely encased
in 12 inches of concrete and six inches of sand and located in the
lowest story, cellar or basement.
d.
Underground tanks shall be set on a firm foundation and surrounded
with soft earth or sand well tamped in place.
e.
Tanks having a capacity of not to exceed 1,500 gallons, when installed
under buildings shall be surrounded with soft earth and sand well
tamped in place, and the floor immediately above the tank shall be
of reinforced concrete, in thickness capable of withstanding a uniformly
distributed load of 250 pounds per square foot; reinforcement shall
extend at least 24 inches on all sides of tank.
f.
Inside storage, gravity and auxiliary pressure tanks, shall be provided
with securely attached substantial incombustible supports and be securely
bolted to basement floor or otherwise secured to avoid strains on
piping, and shall not be located within ten feet, measured horizontally,
from any fire or source of flame.
a.
Auxiliary supply tanks may be the gravity or pressure type if suitable
automatic safeguards to prevent abnormal discharge of oil at the burner
are provided. No such tank shall have a capacity sufficient for more
than one day's supply and in no case shall exceed 60 gallons.
b.
If located within a building, gravity tank shall not be within five
feet, or pressure tank within ten feet, measured horizontally, from
any fire or flame.
c.
Gravity or pressure tank shall be substantially and rigidly installed
on incombustible supports in such a manner as to insure protection
against mechanical injury.
d.
Auxiliary pressure tanks shall be designated for six times the maximum
working pressure and be tested and proven tight at twice the maximum
working pressure; working pressure shall not exceed 50 pounds. Pressure
tanks shall be provided with a reliable pressure gauge and an automatic
relief valve piped to discharge outside of building.
a.
Auxiliary tanks shall be filled by pumping from the storage tanks.
b.
Tanks shall be provided with an overflow connection, drainage to
storage tank. Overflow pipe shall not be less than one size larger
than supply pipe from an auxiliary.
c.
The overflow pipe from an auxiliary gravity tank shall not be provided
with valves or obstructions; but overflow pipe or auxiliary pressure
tank shall be provided with interconnected valves or other means for
automatically venting tank when filling.
a.
Pumps used in connection with systems where oil is pumped directly
to burner without the use of pressure or gravity tanks shall be so
automatically controlled as to insure their shutting down in case
of abnormal discharge of oil at the burner or rupture in discharge
piping.
b.
Oil pumps used in filling auxiliary tank from the main storage tank
shall be of a type approved by the plumbing inspector and shall be
secure against leaks, with check valves located as close to pump as
convenient. Pumps shall be rigidly fastened in place.
c.
Automatic pumps not an integral part of the oil burner shall be provided
with means of preventing continuous discharge of oil in case of pipe
breakage.
a.
Standard full weight, copper tubing with flared fittings and no sweat
joints. Wrought iron, steel, or brass pipe with standard fittings
shall be used. Installation shall include protection of piping against
mechanical injury from any source.
b.
Piping shall be permanently separated from open wiring by a continuous
and firmly installed iron conductor as required by National Electric
Code.
c.
Supply pipe shall be not less than one-fourth inch iron pipe size,
when oil is pumped to burner, return pipes shall be at least of equal
size.
d.
Pipe connections to tank shall be suitably reinforced and proper
allowances made for expansion and contraction, jarring and vibration.
e.
Opening for pipe through masonry walls below the ground level shall
be made all tight and securely packed with flexible material.
f.
All connections shall be made tight with litharge and glycerine.
Unions shall be used at burners to facilitate removal: they shall
have conically faced joints; obviating use of packing or gasket.
g.
Piping shall be run as directly as feasible, and for pumping system,
so laid that if practicable the pipes will drain toward storage tanks
without traps.
h.
Systems under pressure shall be designed for six times the working
pressure and installed when complete shall be tested and proven tight
at least twice the maximum working pressure.
a.
Readily accessible valves shall be provided near each burner and
also close to the auxiliary tank in the pipe line to burners.
b.
Control valves shall be provided with stuffing box of liberal size,
containing a removable cupped gland designed to compress the packing
against the valve stem, and arranged to facilitate removal. Valves
shall be designed to close against the supply and prevent withdrawal
of them by continued operation of handwheel. The use of packing affected
by oil or heat is prohibited.
Means for remote control of the flow of oil to the burner shall
be provided for use in emergency, and a sign indicating its purpose
shall be located for use in emergency, and a sign indicating its purpose
shall be located at the control device.
a.
The size of the orifice through which the oil is supplied to the
burner shall be limited to furnish only sufficient oil for maximum
burning condition when the control valves are wide open.
b.
Valves shall be arranged so as not to enlarge orifice.
c.
Burners containing chambers which allow the dangerous accumulation
of gases, or oil conveying pipes or parts subject to intense heat
or stoppage due to carbonization are prohibited.
d.
Burners shall be so designed as to permit of ready cleaning and not
allow the leakage of oil.
e.
No burner shall be installed in a pit where water might accumulate,
except such pit be provided with means for removing same.
f.
All burners subject to automatic ignitor shall be provided with permanent
automatic device so designed that oil upon being turned in the combustion
chamber will immediately become ignited or automatically shut off.
a.
Previous to the installation of the burner, the ash door of the furnace
shall be permanently removed or bottom ventilation otherwise provided
to prevent accumulation of vapors within the ashpit unless burner
is of type which mechanically purges ash pit. When ash door is closed,
other furnace doors shall be arranged to swing from top or otherwise
arranged to relieve pressure that might be caused by puffs or backfires
to delayed ignition. All boiler rooms must be properly vented to the
outside through the medium of an opening in the window or elsewhere
of a size at least the area of the smokebreeching or breeching attached
to the furnace fired by oil burners.
b.
Stoves or ranges originally designed for use of fuel other than oil
should not be used in connection with oil burners unless spaces in
which vapors might collect are adequately vented.
c.
Dampers which may entirely close the chimney uptake are prohibited.
In no case shall damper area exceed 80 percent of the internal cross
section area of the uptake.
d.
No combustible material shall be stored within ten feet of furnace
door.
a.
Any woodwork, wooden lath, and plaster partition or other combustible
material within four feet of the sides or back, or eight feet from
the front of the furnace shall be covered with plaster board or other
incombustible material approved by the plumbing inspector. Above the
furnace there shall be constructed a ceiling consisting of plaster
board covered with sheet metal, or cement plaster on metal lath; ceiling
shall extend four feet beyond the sides and back and eight feet from
the front.
b.
At least a 36 inch clearance shall be provided between the top and
sides of breeching, and flues from ceiling, partitions and other combustible
material, unless the breeching and flues are insulated with two or
four inches of incombustible material, in which the clearance may
be reduced to 18 inches.
c.
All electrical installations in connections with oil burner devices
in the Borough shall be installed in accordance with the rules of
the National Electrical Code. Certificate of approval shall be submitted
to the plumbing inspector, and after due record has been made, forwarded
to the owner of the premises in which oil burner equipment has been
installed.
All gas burning heaters shall be installed in accordance with
the rules of the American Standard Installation of gas piping and
gas appliances in buildings, flues or vents on the gas burning heaters
to be approved by a nationally recognized testing agency and to be
vented or flued into a flue lined chimney, with the exception as follows:
In business, industrial or other nonresidential construction gas burning
heating vents of the type known as Van Packer or other types of equal
construction which have received prior approval of the American Board
of Fire Underwriters may be used on all hanging units when the vertical
run of the vent pipe does not exceed ten feet. All flues or vents
running through walls shall be inspected before being enclosed. All
other heaters shall be vented to a flue lined chimney.
One inspection for gas burning equipment shall be required which
shall be made on completion of installation. The plumbing inspector
shall, where he deems it necessary, make a preliminary inspection.
The fee for the permit shall be five ($5) dollars, payable to the
Borough; the fee for inspection shall be five ($5) dollars payable
to the plumbing inspector.
All electric and gas automatic water heaters shall be installed
according to the laws of the National Electrical Code and the American
Standard Installation of gas piping and gas appliances in buildings.
Every installation shall be equipped with a shut-off on the cold water
supply, a drain cock on the bottom of the boiler and a combination
temperature and pressure relief valve.
One inspection for water heaters shall be required. This inspection
shall be made upon completion of installation. The fee for the permit
shall be five ($5) dollars, payable to the Borough; the fee for inspection
shall be five ($5) dollars payable to the plumbing inspector.
Every person, partnership, corporation, joint stock company
or syndicate, which owns, or is in charge or control of, any commercial
building, building with adjacent parking lot for public use, parking
lot for public use, or lot of land for commercial use within the Borough
fronting or abutting on paved sidewalks of public streets, whether
as owner, tenant, occupant, lessee, or otherwise, shall remove and
clear away, or cause to be removed and cleared away, snow and ice
from sidewalks and parking lots within twelve hours of daylight after
the snow and ice shall have been formed or fallen. In the case of
ice which may be frozen as to make removal impracticable, the ice
shall be thoroughly covered with sand, ashes, or salt, within six
hours of daylight after the same shall have been formed.
Any person, firm or corporation violating any of the provisions
of this section shall, upon conviction thereof, be subject to a fine
not to exceed $200. Each day that any violation exists will constitute
a separate offense.
This section shall be known as the "General Property Maintenance
Code" of the Borough of Little Silver.
It is hereby found and declared that there exist in the Borough
structures and vacant lots which are or may become in the future substandard
with respect to structural integrity, equipment of maintenance, and
further that such conditions, including but not limited to structural
deterioration, lack of maintenance or upkeep of essential facilities
and utilities and existence of fire hazards and unsanitary conditions,
constitute a menace to the health, safety, welfare and reasonable
comfort of the citizens and inhabitants of the Borough. It is further
found and declared that, by reason of lack of maintenance and ensuing
progressive deterioration, certain properties have the further effect
of creating blighting conditions and that, by reason of timely regulations
and restrictions as herein contained, the growth of this blight may
be prevented and the neighborhood and property values thereby maintained,
the desirability and amenities of dwellings and neighborhoods enhanced
and the public health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety
and welfare by establishing minimum standards governing the maintenance
and condition of the exterior of residential and nonresidential premises;
to avoid, prevent and eliminate the maintenance of or creation of
hazards to the public health and safety; to avoid, prevent and eliminate
conditions which, if permitted to exist or continue, will depreciate
or tend to depreciate the value of adjacent or surrounding properties;
to prevent the creation, continuation, extension or aggravation of
blight; to fix certain responsibility and duties upon owners, operators
and occupants of property; and to provide for administration and enforcement
of this chapter.
All vacant lots shall comply with the provisions of this code,
and every residential and nonresidential structure used for residential,
commercial, business or industrial occupancy, including vacant structures,
and the premises on which it is situate in the Borough, shall comply
with the provisions of this code, whether or not such structure shall
have been constructed, altered or repaired before or after the enactment
of this code and irrespective of any permits or licenses which shall
have been issued for the use or occupancy of the structure or for
the installation or repair of equipment or facilities prior to the
effective date of this code.
In any case where the provisions of this code impose a higher
standard than that set forth in any ordinance of the Borough or under
the laws of the State of New Jersey, then the standards as set forth
herein shall prevail; but if the provisions of this code impose a
lower standard than any ordinance of the Borough or of the laws of
the State of New Jersey, then the higher standard contained in any
such other ordinance or law shall prevail.
Nothing in this chapter shall limit or impair any existing remedies
of the municipality, or its officers or agencies, relating to the
removal or demolition of any buildings or structures which are deemed
to be dangerous, unsafe or unsanitary.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this section, be defined as follows:
shall mean the condition of a structure, or part thereof,
characterized by holes, breaks, rot crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
shall mean the property maintenance officer or his authorized
representative.
shall mean those portions of a building or structure which
are exposed to public view or are visible from adjoining or adjacent
properties, including all outside surfaces and appurtenances thereto,
and the open space on the premises outside any building or structure
erected thereon.
shall mean the control and elimination of insects, rodents
or other pests by eliminating their harborage places, by removing
or making inaccessible materials that may serve as their food by poison,
spraying, fumigating, trapping or by any other approved pest-elimination
methods.
shall mean anything or any act which increases or may cause
any increase of the hazard or menace of fire to a greater degree than
that customarily recognized as normal by persons in the public service
of preventing, suppressing or extinguishing fire or which may obstruct,
delay or hinder or may become the cause of an obstruction, delay,
hazard or hindrance to the prevention, suppression or extinguishment
of fire.
shall mean animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food.
shall mean any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, any of its agencies or this code. Any physical
condition existing in or on the exterior of any premises which is
potentially dangerous, detrimental or hazardous to the health or safety
of persons on, near or passing in proximity of the premises where
said condition exists.
shall mean any occupant, owner, agent, tenant, lessee, caretaker
or other person or corporation in charge of, residing, living or sleeping
in or on the premises of or having actual possession or use of a business,
dwelling unit or rooming unit or other premises affected by this section.
shall mean any person, persons or entity, not be the owner,
who has charge, care or control of a structure or a part thereof,
with or without the knowledge, consent or authority of the owner.
shall mean any person, persons or entity who shall have legal
or equitable title in any form whatsoever to any premises or part
thereof, with or without accompanying actual possession thereof, or
who shall have charge, care or control of any lot, premises, building,
structure or part thereof, as owner or agent of the owner or as fiduciary,
trustee, receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee, sublessee or assignee of a lessee of any
part of or all of any building, structure or land shall be deemed
to be a co-owner with the lessor for the purposes of this section
and shall have responsibility over that portion of the premises so
sublet, leased or assigned.
shall mean a lot, plot or parcel of land, including the buildings,
structures and improvements thereon.
shall mean all combustible and noncombustible waste materials
other than garbage, including but not limited to the following: paper,
rags, cartons, boxes, wood excelsior, rubber, leather, stumps (whether
loose or inground), tree branches, yard trimmings, tin cans, metals,
mineral matter, glass, crockery and the residue from burning wood,
coal, coke or other combustible material and solid commercial and
industrial waste.
Owners, operators and occupants shall have all the duties, obligations
and responsibilities prescribed in this section, and no such persons
or entity shall be relieved of any such duty, obligation or responsibility
hereunder, nor may any such person or entity assert as a defense against
any charge made under this chapter that another owner, operator or
occupant or any other third person or entity is also responsible therefor
and in violation thereof.
a.
Exterior of Premises. The exterior of all premises shall be kept
free from hazards and nuisances which include, but are not limited
to, the following:
1.
Garbage and rubbish, as defined in this section.
2.
Unsafe structures: structurally unsafe or unsound buildings, structures
or fences or abandoned, uncovered or structurally unsound walls, shafts,
towers, exterior cellar openings, basement hatchways, foundations
or excavations and abandoned septic tanks or cesspools.
3.
Discarded appliances and plumbing fixtures: abandoned refrigerators,
boilers, hot-water heaters, television sets and other similar major
appliances, sinks, bathtubs, commodes and other plumbing fixtures.
4.
Overhangings: loose and overhanging objects, whether natural or man-made,
and accumulations of ice and snow which, by reason of location above
ground level, constitute a threat to the health and safety of people
if caused to fall.
5.
Ground surface hazards: hidden or uncovered ground or surface hazards,
such as holes, sudden depressions, excavations, sharp or jagged projections
or obstructions.
6.
Recurring accumulations of storm water: stagnant surface or ground
water accumulations of water which create or are likely to create
insect breeding areas.
7.
Infestation: rodents, vermin, pest infestations and conditions causing
the same.
8.
Lawn and landscaping: overgrowth or neglect or unreasonable maintenance
of landscape plantings and ground covers, including failure to remove
in a timely manner dead or diseased trees and shrubbery, or parts
thereof.
9.
Inoperable vehicles: vehicles or parts thereof, including boats and
trailers, motorized or not, regardless of whether licensed or registered,
which vehicles or parts thereof have been dismantled or are in a state
of visible disrepair or in an abandoned condition.
10.
Operable vehicles which are visible from the road parked in yards
in other than clearly designated driveway areas as evidenced by curbing
or a paving material such as macadam, concrete or stones.
b.
Structural Soundness. Every structure and accessory structure, and
every part thereof, shall be kept structurally sound and in a state
of good repair to avoid safety, health and fire hazards, including
but not limited to the following:
1.
Foundation walls: inadequate or unsafe foundation walls, piers and
columns and other similarly unsound, damaged or defective load-bearing
components which are incapable of supporting the imposed loads safely
at all points.
2.
Exterior porches, landings, balconies, stairs, ramps and fire escapes:
structurally unsound, loose, dangerous, crumbling, missing, broken,
rotted or unsafe exterior portions of buildings or structures, including
but not limited to porches, landings, balconies, stairways, handrails,
steps, walls, overhangs, roofs, fences, supporting members, timbers,
abutments, fire escapes, signs and eaves, crumbling or falling bricks,
blocks, mortar or plaster.
3.
Projecting surfaces: exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
4.
Windows, doors, etc.: broken glass or windows; rotten, missing or
substantially destroyed window frames and sashes, door frames, exterior
doors or other junior exterior component parts of buildings or structures.
5.
Exterior walls, sidings and roof: exterior walls, sidings, gutters
and leaders and roof shall be kept structurally sound, in good repair
and free from defects.
6.
Exterior chimneys: exterior chimneys shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed.
c.
Steps, Ramps, Walks, Driveways and Parking Lots. Steps, ramps, walks,
driveways, parking areas, parking lots, parking spaces and similar
areas shall be maintained so as to afford safe passage under normal
use and weather conditions. Any holes or other hazards that may exist
shall be filled, or necessary repairs or replacement shall be performed
promptly.
a.
Enforcement Officer. It shall be the duty and responsibility of the
property maintenance code enforcement officer of the Borough to enforce
the provisions of this code as herein provided. Property maintenance
code enforcement officer, throughout this section, shall also mean
subordinates of the property maintenance code enforcement officer.
b.
Coordination of Enforcement. Inspection of premises and the issuing
of orders in connection therewith under the provisions of this code
shall be the exclusive responsibility of the property maintenance
code enforcement officer. Wherever, in the opinion of the property
maintenance code enforcement officer, it is necessary or desirable
to have inspections of any condition of any other department, he shall
arrange for this to be done. No order for correction of any violation
under this code shall be issued without the approval of the property
maintenance code enforcement officer.
c.
Inspections.
1.
The enforcement officer is authorized to enter upon any land at any
reasonable time for the purpose of performing his duty, with the consent
of the property owner.
2.
In the event that a property owner refuses such consent, the enforcement
officer is authorized to apply to the judge of the Little Silver Municipal
Court for an administrative search warrant. The judge may issue such
warrant upon review of an affidavit of the enforcement officer setting
forth the following:
(a)
The precise regulatory purpose of the proposed search.
(b)
The frequency of previous requests for such warrants affecting
the subject premises, if any.
(c)
The exact scope of the search sought, setting forth the area
or areas of the premises to be searched.
(d)
The exact manner in which the search is to be conducted.
3.
All warrants so issued shall be limited to the purpose, scope and
manner of the search as set forth in the affidavit, and all searches
conducted pursuant to this section shall be as strictly set forth
in such warrants.
4.
No search conducted pursuant to such administrative search warrant
shall take place other than during the hours of 8:00 a.m. to 6:00
p.m., unless the enforcement officer demonstrates that an emergency
exists and the public health, safety and welfare requires such search
during earlier or later hours, as the case may be.
5.
The inspections authorized hereunder are in addition to those which
may be authorized by the laws of the State of New Jersey.
d.
Enforcement Procedure. Whenever the enforcement officer determines
that there is or has been a violation of any provision of this section,
he shall give notice of such violation to the person, persons or entities
responsible therefore under this section. Such notice shall be in
writing and shall include a concise statement of the reasons for its
issuance. Such notice shall be deemed to be properly and sufficiently
served if a copy thereof is sent by regular mail to the last known
address of the person or entity upon which the same is served, as
shown by the most recent tax records of the municipality, or a copy
thereof handed to said person or persons or a copy thereof left at
the usual place of abode or office of said persons or entities. Notice
shall be given as aforesaid within or without the municipality. The
notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted within 30 days, seven days in the case
of any vegetative growth, of the date of service of such notice (exclusive
of the date of service); a summons shall be issued for such violation.
The enforcement officer may extend the period for compliance with
the requirements of this section in regard to the violation stated
in the notice for a period in excess of the aforesaid 30 days, seven
days in the case of any vegetative growth, if, in his judgment, the
abatement, removal, prevention, cessation or cure of this condition
violated cannot reasonably be effected within the 30-day period; and
in such cases, the enforcement officer shall state such reasonably
required extended period of notice, which shall then be applicable,
instead of the aforesaid 30 days or seven days in the case of any
vegetative growth. In the event that the violation is not abated,
removed, cured, prevented or desisted from or otherwise fully remedied
within said 30-day period or within such extended period as set forth
in the notice, pursuant to the foregoing, a summons shall be issued
against the person, persons, entity or entities so notified. Any extension
beyond 60 days must be approved by the Mayor and Council of the Borough
of Little Silver.
e.
Emergency Conditions. Whenever the enforcement officer finds that
an emergency condition in violation of this chapter exists, which
condition requires immediate attention in order to protect the public
health or safety, he may issue an order to protect by service of notice
as set forth in paragraph d. above, reciting that such action be taken
by the violator as soon as is reasonably necessary to meet the emergency.
Notwithstanding any other provision of this chapter to the contrary,
such order shall be effective immediately. Any person to whom such
an order is directed shall comply therewith immediately, and such
person shall be afforded a hearing before the governing body of the
Borough as soon as is reasonably possible. After such a hearing and
decision by the governing body as to the existence or nonexistence
of the emergency condition, the governing body may continue such order
in effect or modify or withdraw it, subject to the issuance of a summons
for violation thereof if such order is continued.
a.
Any person or entity who shall violate any of the provisions of this
chapter or any order promulgated hereunder shall, after a summons
is issued under the terms hereof, be punished as follows:
b.
For purposes of this section, each and every calendar day on which
a violation exists may be considered to be a separate and distinct
violation.
a.
Severability. If any section, subsection, paragraph, clause or provision
of this section shall be adjudged invalid, such adjudication shall
apply only to the section, subsection, paragraph, clause or provision
so adjudged, and the remainder of this chapter shall remain in full
force and effect.
b.
Repealer. In any case where a provision of this section is found
to be in conflict with or inconsistent with a provision of any other
ordinance which establishes a lower standard for the promotion and
protection of the safety, health and welfare of the public, those
ordinances, or the appropriate portions thereof, are hereby declared
to be repealed to the extent that they may be so found to be in conflict
with this section.
No owner, occupant, or tenant of residential, educational, religious,
commercial, or industrial properties situated in the Borough of Little
Silver shall connect or maintain the connection or permit to be connected
or permit the maintenance of the connection of any sump pumps, roof
leaders, roof drains, swimming pools, ornamental ponds, water cooled
refrigeration, air conditioning units, fire sprinkler systems, and
any other similar devices with the Northeast Monmouth County Regional
Sewerage Authority's sanitary sewer system.
A certificate of occupancy will not be issued for new units
until the plumbing inspector has completed his inspection pursuant
to this section.
Any person who violates the provisions of this section shall
be subject to a penalty not exceeding the sum of $1,000 and/or by
imprisonment in the county jail for a term not to exceed 90 days.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
[Ord. #759-2014]
shall mean all native and non-native species of bamboo (spreading
or running type).
For purposes of this section a violating property owner shall
mean an owner of property from which the invasive plant(s) originated.
[Ord. #759-2014]
All property owners must control the growth of invasive plants.
Failure to control the spread of such invasive plants beyond the boundaries
of a resident's property is a violation of this section.
[Ord. #759-2014]
All places and premises in the Borough of Little Silver shall
be subject to inspection by the Code Enforcement Officer. Such inspections
shall be performed by the Code Enforcement Officer or any other such
person, persons or agency duly authorized and appointed by the Borough
of Little Silver. An inspection shall be made if that official has
reason to believe that any subsection of this section is being violated.
[Ord. #759-2014]
a.
Whenever an invasive plant is found to have spread beyond the boundaries
of a resident's property to any plot of land, lot or any other
premises or place, a written notice of violation shall be given to
the violating property owner to remove or abate the violation within
such time as shall be specified in such notice.
b.
The cost of abatement shall be borne by the violating property owner.
c.
If the violating property owner fails to comply with such notice
of violation within the time specified therein, the Borough enforcing
official may remove or otherwise control the invasive plant found
beyond the boundaries of the violating property owner's property
and the Borough may thereafter recover the cost of such removal from
the violating property owner and place a lien on the property to recover
the cost of invasive plant removal.
[Ord. #759-2014]
Any person who violates the provision of paragraph c. of this subsection 12-10.4 shall be subject to a penalty, in addition to the reimbursement cost of removal of the invasive plant(s), not exceeding the sum of $1,000 and/or by imprisonment in the county jail for a term not to exceed 90 days. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. No. 788-2016]
As used in this section, the following terms shall have the
meanings indicated:
shall mean as defined in accordance with the Abandoned Properties
Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
Except as provided in Section 6 of P.L. 2003, c. 210 (N.J.S.A.
55:19-83), any property that has not been legally occupied for a period
of six (6) months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by an authorized representative of the Borough of Little Silver that:
The property is in need of rehabilitation in the reasonable
judgment of the Property Maintenance Code Enforcement Officer, and
no rehabilitation has taken place during that six-month period;
Construction was initiated on the property and was discontinued
prior to completion, leaving the building unsuitable for occupancy,
and no construction has taken place for at least six (6) months as
of the date of a determination by the Construction Official pursuant
to this section;
At least one (1) installment of property tax remains unpaid and delinquent on that property in accordance with Chapter 4 of Title 54 of the Revised Statutes (see N.J.S.A. 54:4-1 et seq.) as of the date of a determination by an authorized representative pursuant to this section; or
The property has been determined to be a nuisance by the Construction
Official in accordance with Section 5 of P.L. 2003, c. 210 (N.J.S.A.
55:19-82).
A property which contains both residential and nonresidential space may be considered abandoned pursuant to P.L. 2003, c. 210 (N.J.S.A. 55:19-78 et seq.) so long as two-thirds (2/3) or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six (6) months at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either paragraphs a1 or a4 of this subsection 12-11.1.
Any condition that on its own or combined with other conditions
present would lead a reasonable person to believe that the property
is or has been vacant for three (3) or more months. Such evidence
would include, but is not limited to, evidence of the existence of
two (2) or more of the following conditions at a property: overgrown
or dead vegetation; accumulation of newspapers, circulars, flyers
or mail; past-due utility notices or disconnected utilities; accumulation
of trash, junk or debris; the absence of window coverings such as
curtains, blinds or shutters; the absence of furnishings or personal
items consistent with residential habitation; statements by neighbors,
delivery agents, or government employees that the property is vacant
or abandoned; infestation by insects, vermin, rats or other pests;
windows or entrances that are boarded up or closed off; multiple window
panes that are damaged, broken or unrepaired; doors that are smashed,
broken, unhinged or continuously unlocked; or any uncorrected violation
of a municipal building, housing or similar code during the preceding
year.
Property determined to be "abandoned property" in accordance
with the meaning of such term in the Abandoned Properties Rehabilitation
Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant
property for the purposes of this section.
shall mean any person, persons or entity who is not the owner,
who has charge, care and control of a premises or part thereof, with
or without the knowledge, consent or authority of the owner. "Operator"
shall also include a creditor, as defined in N.J.S.A. 46:10B-38, that
has served a notice of intention to foreclose on a mortgage on a residential
property, and that property has become vacant after the filing of
this intention to foreclose.
shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity subject to the provisions of C. 46:10B-51 (P.L. 2008, c. 127,
§ 17), or any other entity determined by the Borough of
Little Silver to act with respect to the property.
shall mean any building used or to be used as a residence
which is not legally occupied or at which substantially all lawful
construction operations or residential occupancy has ceased for a
period of at least three (3) months, and any commercial property that
has not been legally occupied or at which substantially all lawful
construction operations have ceased for a period of at least three
(3) months, and which exhibits evidence of vacancy such that a reasonable
person would believe that the property is vacant. Any property that
contains all building systems in working order, is being maintained
on a regular basis, has not been cited by the Borough for any violation
of municipal ordinance within such time and is being actively marketed
by its owner for sale or rental shall not be deemed vacant.
[Ord. No. 788-2016]
a.
The owner or operator of any vacant property as defined herein shall, within thirty (30) days after the building becomes vacant property or within thirty (30) days after assuming ownership or operation of the vacant property, whichever is later, file a registration statement for each such vacant property with the Borough of Little Silver on forms provided by the Borough of Little Silver for such purposes. The registration shall remain valid until the end of the calendar year. The owner or operator shall be required to renew the registration annually, no later than January 31, as long as the building remains vacant property and shall pay a registration or renewal fee in the amount prescribed in subsection 12-11.4 of this section for each vacant property registered. The initial and renewal fees shall be prorated and or credited accordingly upon legal occupancy.
b.
Any owner of any building that meets the definition of "vacant property" prior to adoption date of this section (June 10, 2014), shall file a registration statement for that property on or before adoption date of this section (June 10, 2014) plus sixty (60) days. The registration statement shall include the information required under subsection 12-11.3 of this section, as well as any additional information that the Construction Official may reasonably require.
c.
The owner shall notify the Borough of Little Silver within thirty
(30) days of any change in the registration information by filing
an amended registration statement on a form provided by the Borough
of Little Silver for such purpose.
d.
The registration statement shall be deemed prima facie proof of the
statement therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough of Little Silver against
the owner or owners of the building.
e.
Each property having a separate block and lot number as designated
in official records of the municipality shall be registered separately.
[Ord. No. 788-2016]
a.
After filing a registration statement or a renewal of a registration
statement, the owner or operator of any vacant property shall provide
access to the Borough of Little Silver Construction Official if requested,
following reasonable notice, during the period covered by the initial
registration or any subsequent renewal. If an inspection is required
of the interior of the property due to complaints or other cause,
the fee for such inspection shall be the same as that for a Continued
Certificate of Occupancy inspection as provided in the applicable
provisions of the Code of the Borough of Little Silver.
b.
The registration statement shall include the name, street address,
and telephone number of a natural person twenty-one (21) years of
age or older, designated by the owner, owners, or operators as the
authorized agent for receiving notices of code violations and for
receiving process in any court proceeding or administrative enforcement
proceeding, on behalf of such owner, owners, or operators in connection
with the enforcement of any applicable code. The designated agent
must have a contact number that will be available twenty-four (24)
hours per day on an emergency basis. The statement shall also include
the name of the person responsible for maintaining and securing the
property, if different from the designated agent.
c.
An owner or operator who is a natural person and who meets the requirements
of this section as to availability of a contact number on a twenty-four-hour
emergency basis may designate himself or herself as agent.
d.
By designating an authorized agent under the provisions of this section,
the owner or operator consents to receive any and all notices of code
violations concerning the registered vacant property and all process
in any Court proceeding or administrative enforcement proceeding brought
to enforce code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any owner or operator
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purpose of this section until the owner or operator
notifies the Borough of Little Silver of a change of the authorized
agent or until the owner or operator files a new annual registration
statement. The designation of an authorized agent in no way releases
the owner or operator from any requirement of this section.
[Ord. No. 788-2016]
The initial registration fee for each building shall be five
hundred ($500) dollars. The fee for the first renewal is one thousand
five hundred ($1,500) dollars. The fee for second renewal is three
thousand ($3,000) dollars. Any subsequent renewal beyond the second
renewal, the registration fee shall be five thousand ($5,000) dollars.
The initial fee shall be prorated according to the month of registration.
There is no credit when a property becomes legally occupied during
the renewal period. The term for each registration year shall run
from January 1 to December 31 of each year, with all fees due by January
1 of that year.
|
Vacant and Abandoned Property Registration Fee Schedule
| |
|---|---|
|
Registration
|
Fee
|
|
Initial registration
|
$500
|
|
First renewal
|
$1,500
|
|
Second renewal
|
$3,000
|
|
Any subsequent renewal beyond the second renewal
|
$5,000
|
[Ord. No. 788-2016]
The owner or operator of any building that has become vacant
and abandoned property, and any person maintaining, operating or collecting
rent for any such building that has become vacant, shall, immediately:
a.
Post a sign affixed to the inside of the building indicating the name, address and telephone number of the owner or operator, the owner or operator's authorized agent for the purpose of service of process (if designated pursuant to subsection 12-11.3 of this section), and the person responsible for the day-to-day supervision and management of the building, if such person is different from the owner holding title or authorized agent. The sign shall be of a size and placed in such a location so as to be legible from the nearest public street or sidewalk, whichever is nearer, but shall be no smaller than fifteen (15) inches by seventeen (17) inches; and
b.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Code of the Borough of Little Silver and maintain the sign required in subsection 12-11.5a above until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
c.
Make provision for the maintenance of the lawn and yard, including
regular grass cutting as required by the applicable provisions of
the Code of the Borough of Little Silver; and
d.
Ensure that the exterior grounds of the structure, including yards,
fences, sidewalks, walkways, rights-of-way, alleys, retaining walls,
attached or unattached accessory structures and driveways, are well
maintained and free from trash, debris, loose litter and grass and
weed growth; and
e.
Make provision for the cessation of the delivery of mail, newspapers
and circulars to the property, including having the property listed
on the exclusion list maintained by the Borough of Little Silver for
the delivery of circulars and advertisements to the property; and
f.
Make provision for the winterizing of the property by the cessation
of water service to the property and the draining of water lines;
other than buildings with a fire sprinkler system; and
g.
Make provision for the cessation of electric or gas utility services
to the property; other than buildings with a fire sprinkler system.
[Ord. No. 788-2016]
The Borough of Little Silver Mayor and Council shall issue rules
and regulations for the administration of the provisions of this section.
[Ord. No. 788-2016]
a.
Any owner or operator who is not in full compliance with this section
or who otherwise violates any provision of this section or of the
rules and regulations issued hereunder shall be subject to a fine
of not less than five hundred ($500) dollars and not more than $1,000
for each offense. Every day that a violation continues shall constitute
a separate and distinct offense. Fines assessed under this section
shall be recoverable from the owner or operator and shall be a lien
on the property.
b.
For purposes of this section, failure to file a registration statement in time, failure to provide correct information on the registration statement, failure to comply with the provisions of subsection 12-11.5 of this section, or such other matters as may be established by the rules and regulations of the Borough of Little Silver shall be deemed to be a violation of this section.
[Ord. No. 788-2016]
Nothing in this section is intended to nor shall be read to
conflict or prevent the Borough of Little Silver from taking action
against buildings found to be unfit for human habitation or unsafe
structures as provided in applicable provisions of the New Jersey
Statutes Annotated, Code of the Borough of Little Silver and/or the
Uniform Construction Code. Further, any action taken under any such
code provision other than the demolition of a structure shall not
relieve an owner or operator from its obligations under this section.
