Questions about eCode360? Municipal users Join us daily between 12pm and 1pm EDT to get answers and other tips!
City of Wildwood, NJ
Cape May County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Editor's Note: The Administrative Code provisions previously contained herein were repealed and replaced by Ord. No. 4-83, as amended. See Chapter 1A for the current Administrative Code.
There is hereby established a payroll account in the City of Wildwood. At the first meeting of the city council in January of each year, there shall be approved an account to be designated the City of Wildwood Payroll Account and from time to time the chief financial officer, upon receipt of a warrant for the amount due to the payroll account, shall deposit the same to the credit of the payroll account, charging the appropriate budgetary accounts with that amount. The chief financial officer shall thereafter draw checks on the payroll account to the employees entitled to payment from this account and shall sign such checks in his capacity as chief financial officer. Payroll checks shall only require the signature of the chief financial officer.
The city financial officer shall present bimonthly to the city council for approval, warrants drawn to the order of the City of Wildwood Payroll Account as follows:
a. 
In advance, for all employees whose salaries are on an annual, monthly, bimonthly or weekly basis, when those salaries are due and payable prior to the next regular meeting of the city council.
b. 
In advance, for all employees whose compensation is on an hourly basis, when the compensation has been approved by the director of the appropriate department and has been certified to the chief financial officer.
At each regular meeting of the city council, the chief financial officer shall submit for approval or ratification, as the case may be, the necessary payrolls for the amount due to the officers and employees of the city for compensation. The payroll shall be considered by the city council in due course and approved if found to be correct. In case of error or adjustment in the payroll, the chief financial officer shall promptly correct any error or make the adjustment and make an appropriate record of the correction or adjustment.
The local assistance board shall consist of five members appointed by the city council. One member of the board shall serve for a term of one year, and that member may be a member of the city council. At least one of the five members of the board shall be a woman. Four members shall serve for staggered terms of four years each. Members of the board of assistance shall serve without compensation. The local assistance board shall have all of the powers, duties and responsibilities prescribed for such a board by general law and ordinance and shall appoint a director of welfare in accordance with state law.
There shall be a civil defense and disaster control council pursuant to the provision of Chapter 438 of the 1956 Laws of New Jersey (N.J.S.A. App. A:9-41), a director of the civil defense and disaster control council and an assistant director of the civil defense and disaster control council. The bureau of police and all departments of the city government shall cooperate with and assist the council as required.
a. 
Grant. The Central Station Alarm Equipment Company is hereby granted the right to install at its own expense at police head-quarters a master alarm monitor panel to be equipped to receive burglar and fire alarm service for direct wire operation from subscribers.
b. 
Installation; Responsibility. The monitor board installed, or to be installed, will remain the property of Central Station Alarm Equipment Company. All alarm systems connected to the master alarm monitor panel will operate in a uniform manner and in accordance with the specifications of the manufacturer of the master alarm monitor panel, with the least amount of attention to be required by the dispatcher. Central Station Alarm Equipment Company shall assume the responsibility for the installation of the master alarm monitor panel, the coordination of transference of existing connections and the obligation of all subsequent maintenance and performance, together with being responsible for any relocation, recustomizing or expansion to the facility when necessary, and to make connection facilities available to all alarm companies having the permission of the city to make the connections for their subscribers. Each person having a connection with the monitor board shall pay a fee to the Central Station Alarm Equipment Company for installation of not more than fifty ($50.00) dollars and shall pay a rental fee of five ($5.00) dollars per month, and any charges required to be paid to any utility furnishing the service by wire to the subscriber. All persons desiring to have alarm installations at the police headquarters are hereby required to connect to the monitor panel.
c. 
Term of Franchise. This franchise is hereby granted to Central Station Alarm Equipment Company for the period of ten years and shall continue for that term so long as the alarm service is maintained in accordance with the requirements herein set forth. If there is a failure to furnish burglar and fire alarm service to subscribers upon the payment of the required fees hereinabove mentioned, this franchise may, at the discretion of the city council, be revoked.
CARD CHECK AGREEMENT
Shall mean an agreement between a labor organization and employer whereby an expedited process of a simple majority showing by the employees of employer through a petition or signed authorization card requesting union representation. This as opposed to an NLRB election, would precede collective bargaining.
COLLECTIVE BARGAINING AGREEMENT
Shall mean a contractual agreement between employer, employees and a Labor Organization which sets the terms and conditions of employment.
ECONOMIC ACTION
Shall mean any form of action against an employer to heighten public awareness or destabilize business practices, including but not limited to, picketing, boycotting, informational picketing, counter advertising, work slowdown or stoppage.
LABOR CONFLICT
Shall mean an unresolved issue pertaining to employment which might or might not result in economic action.
LABOR ORGANIZATION/UNION
Shall mean an organization chartered under Section 2 (5) of The National Labor Relations Act of 1935.
PROPRIETARY INTEREST
Participation directly in a restaurant or hotel/motel business venture through ownership or land acquisition, and development by the city would make the city an interested party to the overall success of said venture. Leases in which the city is lessor shall only be included in this definition when they relate to a restaurant or hotel/motel operation.
a. 
In the course of managing assets or real property that it owns, or in otherwise carrying out its functions in the public interest, Wildwood (hereinafter "the city") will occasionally participate in real property development, acting as owner and ultimately face the same risks and liabilities as other business entities participating in such ventures.
b. 
In such situations, the city must make prudent business decisions to ensure efficient and cost-effective management and to minimize risk. One source of risk is the possibility of labor/management conflict arising out of labor union organizing campaigns causing delays in completion of projects, and/or by reducing revenues or increasing costs of the projects when they are completed.
c. 
These risks are heightened in the hotel and restaurant industry because they are so closely related to tourism, and Wildwood's economy. To minimize the risk of circumstances where costly labor conflicts may arise, the city enacts this section which requires that certain employers in the hotel and restaurant industry, who manage or lease properties in which the city is directly involved, agree to non-confrontational and expeditious procedures by which these hospitality workers can register their preference regarding union representation.
d. 
To reduce risk where the city has a proprietary or developmental interest in a hotel or restaurant project, and as a condition of the city's investment, the employers operating or managing such projects shall agree to a lawful, nonconfrontational process for resolving a union organizing campaign. This process is herein called a "card check," wherein employee preference regarding whether or not to be represented by a labor union to act as their exclusive collective bargaining representative is determined by a simple majority of employees, based on signed authorization cards.
e. 
This section is not enacted to favor any particular outcome in the determination of employer preference regarding union representation, nor to skew the procedures in such a way as to favor or hinder any party to such a determination. Likewise, this section is not intended to enact or express any general policy regarding labor/management relations, or to regulate those policies in any way, but is intended to only protect the city's proprietary interest in certain prescribed circumstances where the city commits its economic resources and/or its related interests are put at risk by certain forms of labor/management conflict.
f. 
This section only applies to hotel/motel and restaurant projects in which the city is an owner or lessor. It does not apply to other hotel/motel or restaurant operations in the City of Wildwood.
g. 
This section shall not apply to properties sold by the city which are subsequently utilized to operate a hotel/motel or restaurant operation.
a. 
General Policy. The Wildwood Commission declares as a matter of general policy that when the city retains or acquires a proprietary interest in a hotel or restaurant project, it is essential for the protection of the city's investment and/or business interests to require employers operating said hotel or restaurant in such hotel or restaurant project, to agree to abide by card check procedures for determining employee preference on the subject of labor union representation, as specified in this section.
b. 
Primary Obligations. Pursuant to the policy stated in paragraph a., the following requirements are imposed:
1. 
Employers. An employer of employees working in a hotel or restaurant in a hotel or restaurant project in which the city has proprietary interest, shall:
(a) 
Enter into a card check agreement, as specified in this section, with a labor organization which requests such an agreement for the purpose of seeking to represent those employees before executing the lease, subcontract or city contract pursuant to which it will operate a hotel or restaurant in said project;
(b) 
If the parties are unable to agree to the terms of a card check agreement within 60 days of the commencement of such negotiations, they must enter into expedited binding arbitration in which the terms of a card check agreement will be imposed by an arbitrator. In such proceedings, to be conducted by an experienced arbitrator selected by the rules of the American Arbitration Association or equivalent organization, the arbitrator shall consider the attached (Exhibit A[1]) model card check agreement provided and/or prevailing practices in the same or similar industries;
[1]
Editor's Note: Exhibit A may be found on file in the office of the city clerk.
(c) 
Comply with the term of that card check agreement and this section; and
(d) 
Include in any subcontract with a subcontractor a provision requiring that same comply with the requirements provided in this section. This provision shall be a prerequisite and mandatory term of such Agreement, binding on all successors and assigns.
Notwithstanding, the requirements provided in paragraphs (a) through (d), an employer who has in good faith fully complied with those requirements will be excused from further compliance as to a labor organization which has taken economic action, after the effective date of this section, against that employer at that site in furtherance of a campaign to organize that employer's employees. This clause shall not be interpreted, however, to apply to economic action against an employer at other locations where that employer does business, nor shall economic action by one labor organization excuse an employer from the obligations of this section or a card check agreement as to a different labor organization.
2. 
Developers and manager/operators. Any developer or operator of a hotel or restaurant project in which the city retains or acquires a proprietary interest must:
(a) 
To the extent it employs employees in a hotel or restaurant in a hotel or restaurant project in which the city regains a proprietary interest, abide by the requirements of subsection 2-8.3a1.
(b) 
Include the provision specified in subsection 2-8.3a1(d) in any subcontract;
(c) 
Refrain from executing a lease, contract, subcontract or operating agreement by which an employer subject to subsection 2-8.3a1 is authorized or permitted to operate a hotel or restaurant in a hotel or restaurant project, in which the city has retained a proprietary interest, until said employer has entered into a card check agreement with a labor organization, as required in subsection 2-8.3a1.
(d) 
Notify the local labor council(s) and/or federation(s) of any hotel or restaurant and/or employer that will operate a hotel or restaurant in a hotel or restaurant project which may be subject to subsection 2-8.3.1, as soon as the developer or manager/operator identifies such project, but in no event later than 30 days before requiring an employer to sign a lease, contract, subcontract or management agreement.
(e) 
Inform any prospective lessor, subcontractor, management provider that if the same act as an employer subject to the requirements of subsection 2-8.3a1, it must enter into a card check agreement pursuant to this section before it may execute the contract or agreement and as a condition precedent to any rights or obligations under such document.
(f) 
Take reasonable steps to enforce the terms of any contract or agreement requiring compliance with this section. To the extent that an employer has aided, abetted or encouraged a subcontractor's failure to comply with such a provision or the terms of this section, either by action or inaction, that developer or manager/operator shall be jointly and severally liable for all damages awarded.
3. 
The city.
(a) 
City contracts. Any city contract executed under the authority of any commission, department, authority or office of the city, which contemplates the use or operation of a hotel or restaurant, in which the city is the owner or lessor, must include a provision requiring that any developer or operator/manager of said hotel or restaurant project pursuant to that city contract and any employer operating in such project, agree to comply with the requirements imposed in subsections 2-8.3b1 and 2, as essential consideration for the city entering into the city contract.
(b) 
Requests for Proposals (RFPs). Any commission, department, authority or office of the city which issues a request for proposals or invitation to bid or similar document regarding development of city property which could result in a proposal contemplating operation of a hotel or restaurant project after the effective date of this section, must include in such document a summary description of and reference to the policy and requirements of this section. This shall not apply if the city is offering the property for sale.
Failure to include description or reference to this section in a RFP or similar document shall not exempt any manager/operator or employer otherwise subject to the requirements of this section.
c. 
Applicability of this Section. The policy and obligation established above shall only apply to particular manager/operators and employers when the city retains or acquires an ownership interest in a hotel or restaurant project or is lessor in the same, except as otherwise provided hereunder. The determination whether or not the city has a proprietary interest in a hotel or restaurant project, and if so, whether an exemption applies, shall be made on a case-by-case basis by the Wildwood Board of Commissioners by applying the standards and principles provided. Any party otherwise subject to the terms of this section because the city has a proprietary interest in a hotel or restaurant project that claims an exemption from the terms of this section shall have the burden of demonstrating that the basis for such exemption is clearly present.
d. 
Scope. The requirements of this section apply only to the procedures for determining employee preference regarding whether to be represented by a labor organization for purposes of collective bargaining and/or by which labor organization to be represented. Accordingly, this section does not apply to the process of collective bargaining in the event a labor organization has been recognized as the bargaining representative for employees of employers subject to this section. Moreover, nothing in the section requires an employer or other entity subject to this section to recognize a particular labor organization.
e. 
Exemptions. The requirements of this section shall not apply to any of the following:
1. 
Any project or property in which the city is not involved either as owner or lessor.
2. 
Any project property which does not contains a hotel/motel or restaurant.
3. 
Employers employing fewer than the equivalent of 20 full or part-time employees, provide that when a restaurant is located on the same premises as the hotel and routinely provides food or beverage services to the guests, employees of the restaurant and hotel shall be aggregated for purposes of determining the applicability of this section; or
4. 
Any employer which is signatory to a valid and binding collective bargaining agreement covering the terms and conditions of employment for a majority of its employees at that hotel or restaurant project, or which has entered into a card check agreement with a labor organization regarding such employees which agreement provides at least equal protection from labor/management conflict as provided by the minimum terms provided in subsection 2-8.3b1.
5. 
Any hotel or restaurant project where the developer, manager/operator or employer, is an agency of the federal government or a state-wide agency or entity ("public agency") and that public agency would prohibit application of this section; or
6. 
Any hotel or restaurant project where the requirements of this section would violate or be inconsistent with the terms or conditions of a grant, subvention or agreement with a public agency related to such hotel or restaurant project, or any related rules or regulations.
f. 
Enforcement.
1. 
The requirement that certain employers enter into and comply with card check agreements with labor organizations in the circumstances provided in this section, and the requirement that developers and manager/operators contractually obligate their successors, assigns or subcontractors to be bound by that former requirement are essential consideration for the city's agreement to any city contract containing that requirement.
2. 
The city commission shall hear complaints that this section has been violated or that a card check provision included in an agreement, contract or subcontract pursuant to this section has been breached, and may take, but shall not be required to take, any action necessary to enforce compliance, including but not limited to instituting a civil action for an injunction and/or specific performance.
3. 
In the event the city does bring a civil enforcement action for violation of this section, any taxpayer or any person associated by or with a direct interest in compliance with this section may join any enforcement action as a real party in interest. In the event the city declines to institute a civil enforcement action for violation of this section, a taxpayer or directly interested person or association may bring a civil proceeding on its own behalf against that employer at his or her own cost and expense, and seek all remedies available for violation of this section and/or breach of a card check agreement required by this section available under state law, including but not limited to monetary, injunctive and declaratory relief.
4. 
Any action challenging the applicability of this section to a particular employer may be brought only after first seeking any exemption, and must be commenced within 60 calendar days after notification that such exemption has been denied by the city.
5. 
Notwithstanding anything else contained herein, in no event shall the remedy for a breach of the terms of this section include termination of any such subcontract or city contract entered into prior to the effective date, nor shall any such breach defeat or render invalid or affect in any manner whatsoever, the status or priority of the lien of any mortgage, deed of trust or other security interest made for value and encumbering any property affected by such subcontract or city contract, including, without limitation, any leasehold estate or other interest in such property or improvements on such property, in existence prior to effective date.
This section shall become effective 30 days after it is enacted;[1] is intended to apply to future and existing business but, shall not be interpreted so as to impair the obligations of any existing city contract or other agreement, lease or contract to which the city is a party.
[1]
Editor's Note: Section 2-8 was added by Ordinance No. 566-02, adopted May 22, 2002.
There shall be nine members and two alternate members appointed to the community advisory board: three by the commissioner of revenue and finance, three by the commissioner of public safety, and three by the commissioner of public works and parks and two alternates appointed jointly by the board of commissioners. The chair person of the community advisory board shall be selected by the community advisory board members.
The initial term of appointment shall be for a term of two or three years as assigned by the appointing commissioner. Subsequent terms of appointment shall be for three years.
a. 
Historic Preservation. The community advisory board shall have the power to:
1. 
Prepare a survey of historic sites of the city;
2. 
Make recommendations to the planning board on the historic preservation plan element of the master plan and on the implication for preservation of historic sites of any other master plan elements;
3. 
Advise the planning board on the inclusion of historic sites in the recommended capital improvement program;
4. 
Advise the planning board and the board of adjustment on applications for development;
5. 
Provide written reports on the application of the zoning ordinance provisions concerning historic preservation, to the administrative officer in charge of issuance of building permits;
6. 
Carry out such other advisory, educational and informational functions as will promote historic preservation in the city;
7. 
Recommend to the planning board and the governing body of the city, the establishment and boundaries of historic districts where appropriate; and
8. 
Recommend to the applicable county, state and federal agencies, where appropriate, recognition of historic buildings, structures, sites, objects or district.
(Former subsection 2-38.1a — h)
b. 
Recreation. The community advisory board shall have the power to:
1. 
Regulate, govern, supervise and beautify the creation and athletic parks now existing or hereafter established in the city.
2. 
Regulate, govern and supervise all athletic games or events held in or upon any recreation parks, playgrounds or athletic fields owned or operated by the city.
3. 
Arrange and provide for the giving of outdoor exhibitions, concerts, games and contests, use the parks and recreation areas of the city for that purpose and, subject to the approval of the city council, collect a reasonable admission fee for such exhibitions, concerns, games and contests.
4. 
Subject to the approval of the city council, make such rules and regulations as may be appropriate for the carrying out of the powers granted by this subsection.
(Former subsection 2-12.3a — d)
c. 
Environmental. The community advisory board shall have the power to conduct research into the use and possible use of the open land areas of the City of Wildwood and will coordinate the activities of unofficial bodies organized for similar purposes, and may advertise, prepare, print and distribute books, maps, charts, plans and pamphlets which in its judgment it deems necessary for its purposes. It shall keep an index of all open areas, public or privately owned, including open marshlands, swamps and other wetlands, in order to obtain information on the prepare use of other areas, and will recommend to the planning board and to the board of commissioners, plans and programs for inclusion in a municipal master plan and the development and use of such areas.
(Former subsection 20-40.4)
d. 
The community advisory board shall review the proposed city budget and make recommendations for additions or deletions to the board of commissioners.
e. 
The community advisory board shall review police community services and make recommendations to the board of commissioners for improved services.
f. 
The community advisory board shall review public services and make recommendations to the board of commissioners for improved services.
g. 
The community advisory board shall have shade tree responsibilities as assigned by the board of commissioners and shall inventory and designate for preservation street trees within the city that serve a historical or environmental value.
h. 
The community advisory board shall encourage and support economic development in the traditional downtown commercial districts of the city.
A special municipal investigation committee shall be and hereby is formed in accordance with and as authorized by New Jersey Statute 40:48-25 for the purpose of investigating the practices and customs of the police department and regard to use of force by the police officers and investigation of claims of excessive use of force and supervision, monitoring and training regarding use of force in the police department.
There is hereby created, authorized and established a board of commissioners to be known as a "board of recreation commissioners" in the City of Wildwood; which said board shall consist of seven members and shall be appointed by the mayor and confirmed by the governing body of the City of Wildwood.
a. 
The board of recreation commissioners shall meet on the third Tuesday in January of each year and organize by electing one of their number as chairman and one as vice chairman. The chairman and vice chairman shall serve for a period of one year or until their successors are appointed and qualified. Members of the board of recreation commissioners shall be subject to removal with or without cause by the governing body of the City of Wildwood when it shall determine that this is in the best interests of the city.
b. 
The recreation commissioners first appointed shall be appointed for the following terms: one member for five years, one member for four years, two members for three years, two members for two years and one member for one year. Thereafter, the term of each recreation commissioner shall be for five years. The term of office of each appointee shall commence on the 1st day of January and shall expire on the 31st day of December in the appropriate year.
The board of recreation commissioners shall have the power to:
a. 
Regulate, govern, supervise and beautify the recreation and athletic parks now existing or hereafter established in the city.
b. 
Regulate, govern and supervise all athletic games or events held in or upon any recreation parks, playgrounds or athletic fields owned or operated by the city.
c. 
Arrange and provide for the giving of outdoor exhibitions, concerts, games and contests, use the parks and recreation areas of the city for that purpose and, subject to the approval of the board of commissioners, collect a reasonable admission fee for such exhibitions, concerts, games and contests.
d. 
Subject to the approval of the board of commissioners, make such rules and regulations as may be appropriate for the carrying out of the powers granted by this subsection.
Members of the board of recreation commissioners shall serve during their appointment without compensation. Any vacancy existing during the term of any member shall be filled by the mayor and confirmed by the board of commissioners for the unexpired term only.
An ordinance banning the use of government buildings and equipment for political fundraising.
Our laws in New Jersey do not presently ban solicitation or acceptance of political contributions by public office holders and employees while in any room or building occupied in the discharge of official duties. Solicitation and acceptance of political contributions in rooms and buildings occupied in the discharge of official municipal business undermines the efficiency of government by taking officials and employees away from the people's business, and leads to the appearance of improper influence of political contributions on government functions. Prohibiting the solicitation and acceptance of political contributions in rooms and buildings occupied in the discharge of official duties will address these harms and leave open ample alternative venues for political fundraising.
Our laws in New Jersey do not presently recognize the misuse of public property for political fundraising as a distinct offense. It is accordingly found and determined that the municipality's interests in an independent and efficient government workforce and a government that is undermined by neither the fact nor appearance of improper influence of political contributions on government decisions require the prohibition of political fundraising in rooms or buildings occupied in the discharge of official duties or through the use of public property.
CANDIDATE
Shall mean (i) any individual seeking election to a public office of the federal, state, county or municipal government, or school district or political party, and (ii) any individual who shall have been elected or failed election to any such office.
MUNICIPAL OFFICIAL, EMPLOYEE AND APPOINTEE
Shall mean any person holding elective municipal office or holding an appointed position in the municipal government or in any agency, commission, board, or office thereof, whether the position is full-time or part-time, compensated or uncompensated; and any employee of municipal government or of any municipal agency, commission, board, or office thereof, whether the position is full-time or part-time.
MUNICIPALITY
Shall mean the government of the municipality, including any officer, department, board, commission, or agency thereof.
POLITICAL CONTRIBUTION
Shall mean any loans and transfers of money or other things of value to any candidate, elected official, or representative of any political organization, or other commitments or assumptions of liability to make any such transfer. Political contributions shall be deemed to have been made upon the date when such commitment is made or liability assumed.
POLITICAL ORGANIZATION
Shall mean any two or more persons acting jointly, or any corporation, partnership or other incorporated or unincorporated association which is organized to, or does, aid or promote the nomination, election or defeat of any candidate or candidates for federal, state, county, municipal or school board office or political party office. "Political organization" includes but is not limited to organizations defined in N.J.S.A. 19:44A-3 as a "political committee," "joint candidates committee," "continuing political committee," "political party committee," "candidate committee," or "legislative leadership committee."
PUBLIC PROPERTY
Shall mean all personal property owned, leased, or controlled by the municipal government, including but not limited to vehicles, phones, fax machines, computers, stationery including municipal letterhead, postage, and other office equipment.
SOLICIT
Shall mean to ask for, by oral or written communication, a contribution, as that term is defined herein.
a. 
No municipal official employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization while in any room or building occupied in the discharge of official municipal business. This section shall include solicitation or acceptance of political contributions made over a private cell phone or by use of a private computer, if the person soliciting or accepting the political contribution, or using the cell phone or computer for purposes of soliciting or accepting the political contribution, is in any room or building occupied in the discharge of official municipal business.
b. 
No municipal official, employee or appointee may solicit, commit to pay, or receive payment of or a commitment to pay any political contribution for any candidate, elected official or political organization, while utilizing public property.
In the event public facilities are made available to any group for nongovernmental use, as a meeting facility, this prohibition shall not be deemed to prevent fundraising of any sort among members of such groups during the time such groups have reserved exclusive use of the meeting facility.
Violation of any provision of this section shall be punished by a period of community service not exceeding 90 days or imprisonment in the county jail for a term not exceeding 90 days or a fine not exceeding one thousand ($1,000.00) dollars.
Every officer or employee of the city who, by virtue of his office or position, is entrusted with the receipt, custody or expenditure of public monies or funds, and any other officer or employee who may be required to do so by the city council shall, before entering upon the duties of his office or position, execute and deliver a surety bond in an amount which shall be fixed by the city council, binding him to the city in its corporate name and conditioned upon the true and faithful performance of his duty. Every officer or employee required by law to give bond shall execute the bond with sufficient surety and deliver it to the city clerk, except that the clerk shall deliver his bond to the chief financial officer, before he enters upon the discharge of the duties of his office or employment.
If any officer or employee shall neglect to execute and deliver his bond as required by this section within 30 days after due notification of his election or appointment, his office or position may be declared vacant.
In every case in which any person is required by the laws of the state or by any ordinance of the city to give bond for the faithful performance of his duties, the bond shall be secured by a surety company authorized to do business in the State of New Jersey and the premiums on the bond shall be paid by the city. Each bond shall be approved by the city attorney as to form and sufficiency.
Nothing in this section shall be construed to prevent the use of one or more blanket bonds when so approved and subject to law.
This section shall govern proceedings in all cases where the city or any of its officers, agents or employees are required to give any person an opportunity to be heard, either on appeals or before taking any action affecting that person or his property, except where a -New Jersey Statute or a provision of this revision requires that a different procedure be followed.
For the purpose of this section, "hearing authority" shall mean the officer or body authorized by a New Jersey Statute or a provision of this revision to conduct a hearing in the particular case.
In all cases where a hearing is mandatory prior to the taking of any action, notice shall be given which shall conform to the following requirements:
a. 
Contents. The notice shall be in writing and shall specify the grounds upon which the proposed action is based, and the time and place of the hearing, which shall be within a reasonable time after the servile of the notice, but not less than five days.
b. 
Service. Notice may be served upon the person affected either personally or by mailing a copy to him by certified mail, return receipt requested, at his last known address. Service on a tenant or occupant of any premises may be made in the foregoing manner or by leaving a copy of the notice at the premises with any occupant of suitable age and discretion.
In all cases where a person is appealing from the action or decision of an officer, agent or employee of the city, as well as in all cases where a hearing is required to be held only upon the request of the person affected, notice of the appeal or request for a hearing shall be given in writing to the hearing authority personally or by mail within ten days after the person affected is notified of the action or decision of the city or its officer, agent or employee. The hearing authority shall fix a time and place for a hearing which shall be within a reasonable time after the notice of appeal or request for hearing is filed, and written notice of the time and place fixed for the hearing shall be given to the person affected.
At the hearing any person in interest shall have the right to be represented by an attorney, to testify himself or to present witnesses in support of his position, to cross examine opposing witnesses and, at his own expense, to have a stenographic record made of the proceedings. This subsection shall not be construed to prevent the hearing authority from imposing reasonable limitations upon the number of witnesses who testify or the length of time allowed for the examination or cross examination of any witness, or from making any other reasonable rule or regulation designed to insure that hearings are conducted in a fair, orderly and expeditious manner.
Whenever any officer of the city is authorized by any provision of this revision or any other ordinance of the city to perform any act, that act may also be performed by any agent or subordinate of the officer authorized to do it, or by any other officer of the city. This section shall not apply to acts which are quasi judicial or rule making in character, or which involve the exercise of discretion, or where special technical or professional skill or knowledge is required.
The city council finds that there exist in the City of Wildwood unsanitary or unsafe dwelling accommodations and persons of low income are forced to reside in such unsanitary or unsafe accommodations; and that in the city there is a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and such persons are forced to occupy overcrowded and congested dwelling accommodations; and that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety, morals and welfare of the residents of the city and impair economic values; and those conditions necessitate and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities. Further, these areas in the city cannot be cleared, nor can the shortage of safe and sanitary dwellings for persons of low income be relieved, through the operation of private enterprise, and the construction of housing projects for persons of low income (as defined in the Local Housing Authorities Law) would therefore not be competitive with private enterprise; and the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations by any public body of persons of low income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions.
Pursuant to the provisions of the Local Housing Authorities Law, as amended, of the State of New Jersey, a body corporate and politic to be known as the Housing Authority of the City of Wildwood, is created and established.
The colors United Nations blue and white are hereby adopted as the official colors of and for the city.
The following is hereby adopted as the description of the official flag of and for the city.
a. 
The background of the flag shall be divided diagonally from upper left to lower right, white at hoist end and United Nations blue at fly end.
b. 
The official city seal of the city, consisting of a disc with certain detail thereon shall be placed in the center of the flag and the seal shall be composed of certain items reminiscent of the city, its two predecessor municipalities, the Borough of Holly Beach and the Borough of Wildwood on which disc the sky shall be United Nations blue, the water shall be royal blue with white caps and the lower portion shall be shadowed black and beige sand with a tree being brown in color with black detail being placed thereon, bearing black numerals 1912, below which there shall be sprigs of holly, which shall be kelly green with black details, which disc shall further contain a seagull, white and grey with black detail, and shall have shadows on the water of white with black detail, the centered disc being bordered by a wide white border with narrow inner and outer black circles, between which circles shall be contained in a circular manner in black letters The City of Wildwood in the County of Cape May, N.J.
For the purpose of this section and in the interpretation and application hereof, except as the context may otherwise require, the following meanings shall apply:
a. 
COMPENSATION — Shall mean an employee's average annual compensation during the last year of his full-time permanent employment with the City of Wildwood prior to employee's retirement date.
b. 
UNUSED SICK LEAVE — Shall mean the amount of accumulated sick leave accrued during employee's full-time permanent employment with the city which is credited to an employee at the employee's effective retirement date.
c. 
LONGEVITY FACTOR — Shall mean that percentage based upon the employee's length of full-time permanent employment with the city which shall be utilized to determine benefits as provided herein. Employees hired on or before June 30 of the year of hire shall receive a year's credit for longevity for the first year of employment. Thereafter, each employee shall receive a full year of credit for each full calendar year of employment with the city. That percentage shall be as follows:
Number of Full-Time Permanent Years of Service
Column I
Percentage to $10,000.00
Column II
Percentage in Excess of $10,000.00
15
30%
45%
16
32%
48%
17
34%
51%
18
36%
54%
19
38%
57%
20
40%
60%
21
42%
63%
22
44%
66%
23
46%
69%
24
48%
72%
25
50%
75%
d. 
FULL-TIME PERMANENT EMPLOYMENT — Shall mean any assignment to any position of employment with the city of an indeterminate period as defined by the New Jersey Department of Civil Service.
Each and every full-time permanent employee of the city shall be entitled at the time of retirement to receive supplemental compensation for unused accumulated sick leave credited to him on the effective date of his retirement.
Except as otherwise noted herein, each retiring employee shall receive a supplemental retirement benefit for unused sick leave which shall be determined by multiplying the amount of the unused sick leave by the compensation and then multiplying that result by the longevity factor. The longevity factor as set forth in subsection 2-23.1, paragraph c, Column I hereinabove shall be applied to calculate and determine the first $10,000.00 of supplemental retirement benefits in excess of $10,000.00.
a. 
In no event shall a lump sum supplemental retirement benefit as provided for herein exceed $10,000.00 through the period ended December 31, 1981.
b. 
Commencing January 1, 1982, the lump sum supplemental retirement benefit as provided for herein shall not exceed $15,000.00.
c. 
Commencing January 1, 1983, the lump sum supplemental retirement benefit as provided for herein shall not exceed $17,500.00.
d. 
Subsequent January 1, 1984, the lump sum supplemental retirement benefit as provided for herein shall not exceed $20,000.00.
Upon application by a retiring employee or duly constituted representative, at least 60 days prior to retirement, the appointing authority shall certify the amount of unused sick leave. Payment on account therefor shall be made by the City of Wildwood to the retiring employee within 30 days of adoption by the city of city's annual budget for the year subsequent to the year of employee's retirement.
In the event of the death of an employee while in the employ of the city, said employee's estate shall be paid that employee's unused sick leave as provided for all employees in this section as certified by the appointing authority. Payment to said employee's estate shall be made only after receipt in writing by the city personnel director of a request therefor from the deceased employee's duly authorized executor/administrator, which request shall have affixed thereto in proper form the authority of the individual submitting said claim. Any decision by the City of Wildwood on account of payment pursuant thereto shall be final and conclusive as to all persons and shall discharge the city to the extent of such payment from any further liability to any other person with respect thereto. Such payment shall be made by the city in one payment, which payment shall be made as provided in subsection 2-23.5 hereinabove for all other employees.
Any application for said unused sick leave benefit not made within one year from the date of employee's retirement or death shall be deemed to have been permanently waived.
The fee for the tax collector to provide an initial duplicate copy of a tax bill shall be five ($5.00) dollars. The fee for the tax collector to provide each subsequent copy of a tax bill for the same tax year requested by the same person or entity shall be twenty-five ($25.00) dollars. It is the intent of this section to comply with N.J.S.A. 54:4-64(d).
The tax collector shall provide to any party entitled to redeem a tax lien certificate pursuant to N.J.S.A. 54:5-54 two (2) calculations of the amount required for redemption within a calendar year at no cost. The tax collector shall charge a fee of fifty ($50.00) dollars for each subsequent calculation requested of the tax collector. A request for a redemption calculation shall be made in writing to the tax collector. It is the intent of this section to comply with N.J.S.A. 54:5-54.
The tax collector shall provide to any party holding a tax lien certificate the calculation of the amount due to redeem the tax lien required and shall charge a fee of fifty ($50.00) dollars for each calculation. Any request for a redemption calculation shall specify the date to be used for the calculation. Neither the tax collector or the City of Wildwood shall be liable for an incorrect calculation. The fee paid to the City of Wildwood shall not become part of the lien and shall not be passed on to any party entitled to redeem the tax lien certificate pursuant to N.J.S.A. 54:5-54. It is the intent of this section to comply with N.J.S.A. 54:5-97.1.
a. 
In Person Request. For all reports and documents for which the applicant appears in person requesting said reports.
1. 
First page to tenth page: $0.75 per page.
2. 
Eleventh page to twentieth page: $0.50 per page.
3. 
All pages over 20: $0.25 per page.
b. 
For all reports and other documents for which a written request is submitted.
1. 
First page to tenth page: $0.75 per page.
2. 
Eleventh page to twentieth page: $0.50 per page.
3. 
All pages over 20: $0.25 per page.
4. 
Administration, processing and handling fee for all requests: $5.00.
If the custodian of any such records finds that there is no risk of damage or mutilation of such records and that it would not be incompatible with the economic and efficient operation of the office and the transaction of public business therein, he may permit any citizen who is seeking to copy more than 100 pages of records to use his own photographic process, approved by the custodian, upon the payment of a reasonable fee, considering the equipment and the time involved, to be fixed by the custodian of not less than ten ($10.00) dollars or more than fifty ($50.00) dollars per day.
c. 
For services performed to the benefit of persons requesting documents above and beyond mere photocopying, the charge shall be an additional five ($5.00) dollars per hour or any portion thereof.
All requests for reports and documents whether in person or by mail shall be accompanied by a letter of authority with sufficient identification naming the person or persons applying for such copies and indicating, if required, authority or capacity of the person or persons making such requests. Sufficient identification of the person or persons making request shall be required before any reports may be released. No information shall be released where prohibited by law.
There shall be no fee charged for requests from a local municipal agency, county agency, State of New Jersey agency or federal agency.
The department to which the request for a report is made shall collect such fees as are herein established and shall pay the same over within 48 hours of collection to the chief financial officer of the City of Wildwood.
Pursuant to authority set forth in P.L. 1990, Chapter 69, maximum charges for duplicate tax bills are hereby fixed as follows:
a. 
Five ($5.00) dollars for the first duplicate;
b. 
Twenty-five ($25.00) dollars for each subsequent duplicate bill (same bill in the same year).
a. 
All requests for discovery in matters pending to the City of Wildwood Municipal Court shall be submitted through the municipal prosecutor.
b. 
The following fees shall be payable by the requestor to the City of Wildwood for the discovery provided:
1. 
$.75 per page of each of the first ten pages photocopied.
2. 
$.50 per page of each of the next ten pages photocopied.
3. 
$.25 per page for each of the pages photocopied thereafter.
4. 
Actual postage for any discovery sent by mail.
5. 
$.25 for the envelope for any discovery sent by mail.
6. 
Photographs will be photocopied at the rates established herein. If requests are made for duplicate photographs, the actual cost for making the photographs shall be charged.
7. 
Duplication of videotapes constitute an extraordinary duplication process and will be charged at the rate of $5.00 per videotape.
8. 
On any item that cannot be photocopied on the City of Wildwood's copy machine or not otherwise provided for in this schedule, the actual cost incurred in making the copy shall be charged.
c. 
Where the discovery must be obtained from an entity other than the City of Wildwood, e.g. another police department, the actual costs paid to the other entity shall be paid by the requestor.
Pursuant to the provisions of Chapter 68 of the Laws of 1982 of the State of New Jersey, hereinafter Chapter 68 P.L. 1982, there is hereby created and established the "City of Wildwood Tourist Development Commission" hereinafter tourist commission, as an agency and instrumentality of the City of Wildwood, to exercise all of the powers and duties as set forth in said Chapter 68 P.L. 1982.
The tourist commission, created and established, hereby shall consist of seven members who shall be appointed by resolution of the board of commissioners of the City of Wildwood, one of whom shall be a representative of the City of Wildwood and who shall advise the board of commissioners of the work of the tourist commission. The remaining six of whom shall be municipal licensees, upon whom an additional assessment has been imposed pursuant to Section 1 of Chapter 68 P.L. 1982 and subsection 5-3.1d and e and subsection 7-1.7a and c of the City of Wildwood Revised General Ordinances.
The commissioner representing the City of Wildwood shall serve at the pleasure of the city council of the city. The terms of office of the remaining commissioners shall be for two years, except that of the members first appointed, two of which members shall be appointed for terms of one year and two of which members shall be appointed for terms of two years. Such appointments shall be subject to the provisions of Section 6 of Chapter 68 P.L. 1982. A vacancy on the tourist commission occurring otherwise than by expiration of term shall be filled for the unexpired term in the same manner as the original appointment.
The members of the tourist commission shall serve without compensation in the performance of their duties.
A fund shall be created and established by the city council of the city, which shall be held by the tourist commission established by subsection 2-26.1 above, which fund shall be the exclusive repository of all revenues collected by the city, pursuant to the additional assessment of license fees as provided in subsection 5-3.1, paragraphs d and e, and subsection 7-1.7, paragraphs a, b and c., of the City of Wildwood Revised General Ordinances.
The tourist commission shall have the exclusive authority, subject to law, to disburse all revenues allocated to the fund established pursuant to subsection 2-26.1 hereinabove and such tourist commission shall expend money from the fund in the manner it deems advisable, for the public purpose of publicizing and otherwise promoting the City of Wildwood, in order to attract Tourism which is deemed to be a public purpose.
Records shall be kept and maintained by the tourist commission of its meetings, activities and expenditures, all in accordance with and pursuant to Chapter 68 P.L. 1982, as amended, and the function of said tourist commission shall, in all things be governed by all of the provisions of said Chapter 68 P.L. 1982, as amended.
[1]
Editor's Note: This section shall become effective upon the last of the following dates to occur:
a. Final passage and publication, according to law;
b. The effective date of the adoption of an ordinance by the City of North Wildwood with provisions substantially similar to this ordinance;
c. The effective date of the adoption of an ordinance by the Borough of Wildwood Crest with provisions substantially similar to this ordinance.
There is hereby created pursuant to the authority conferred by Chapter 165 of the Laws of 1992 as same may be amended from time to time, a tourism improvement and development district, to be known as the Greater Wildwood Tourism Improvement and Development Authority. All provisions of said Chapter 165 of the Laws of 1992 as same may be amended from time to time are hereby incorporated by reference.
The tourism improvement and development district hereby created is authorized to levy taxes upon predominantly tourism related retail receipts at a rate of two percent for the purpose of increasing public revenue and to devote the proceeds from said tax to the purpose described in said Chapter 165 of the Laws of 1992 as same may be amended from time to time. The provisions of this section shall take effect on the first day of the first full month occurring 90 days after the date of transmittal of a copy of this section to the Treasurer of the State of New Jersey, provided same has been duly adopted and in full force and effect.
There is hereby established a tourism development fee payable by:
a. 
All persons making sales of tangible personal property or services, the receipts from which are subject to the "Sales and Use Tax Act," P.L. 1966, c. 30 (C. 54:32B-1 et seq.), but which are not predominantly tourism related retail receipts as defined in Chapter 165 of the Laws of 1992;
b. 
All persons making charges for participant amusements;
c. 
All persons operating businesses that charge for parking, garaging or storing motor vehicles;
d. 
All persons maintaining or operating coin-operated vending machines within the district, regardless of types of commodities sold through the machines; and
e. 
All persons making sales of tangible personal property or services, the receipts from which are subject to the "Sales and Use Tax Act," P.L. 1966, c. 30 (C. 54:32B-1 et seq.) and who are required to collect a tax on predominantly tourism related retail receipts, but only to the extent that the amount of tax on those receipts collected in a year by the person is less than the amount of the tourism development fee for that year. A person shall be exempt from payment of that part of the tourism development fee for a year in which that person is a vendor required to collect the tax upon predominantly tourism related retail receipts under an ordinance authorized under Chapter 165 of the Laws of 1992, as amended, to the extent of the amount of tax so collected in that year.
Tourism development fees as hereinafter established shall be due and payable on the first day of July in each year. All payments will be made to the Clerk of the City of Wildwood for transmittal to the Director of Revenue and Finance of the City of Wildwood. Failure to pay any tourism development fee within 15 days after the day when due shall subject the person or business obligated for such fee to a penalty equal to five percent of the tourism development fee per month or any part thereof during which the fee remains delinquent, together with interest at the rate of 18 percent per annum for the period of the delinquency.
The Clerk of the City of Wildwood shall prepare an application form to be transmitted to all persons holding mercantile licenses in the City of Wildwood, which application form shall provide for the submission of the following information: name; address; out-of-town address, if any; telephone number; out-of-town telephone number, if any; trade name, if any; address where business activity conducted, if any; if exemption claimed, basis for exemption and description of proof submitted in support of same; signature; date.
Should any person claim an exemption from all or a portion of the tourism development fee on the basis of collection of tax on predominantly tourism related retail receipts and, in support of such claim for exemption, supplies information related to the collection of tax on predominantly tourism related retail receipts or such information is obtained by the City of Wildwood from the Director of the Division of Taxation in the Department of the Treasury of the State of New Jersey for the purpose of verifying the claim for exemption or partial exemption, such information will be retained by the City of Wildwood separate and apart from the application containing the claim for exemption, and such information shall be made available only to authorized representatives of the City of Wildwood, solely for the purpose of determining whether or not the person is entitled to the exemption or partial exemption claimed. Such information shall not be deemed to be public records and not available for general public inspection.
The tourism development fees are hereby fixed as follows:
TYPE
FEE
All business unclassified
$345.00
Amusement ride
$345.00
Amusement water park
$2,875.00
Apartments, single family
$150.00
Auto service station
$345.00
Beach chairs and umbrellas
$172.50
Beauty parlor
$80.50
Bicycle stands
$460.00
Boat, jet ski rent-storage
$345.00
Boat slips, per slip
$17.25
Boats, sightseeing, charter
$345.00
Coin operated machines
$13.80
Condominiums
$300.00
Distributors
$575.00
Gardeners, landscapers
$287.50
Hot dog vendors
$230.00
Laundromats < 25 machines
$345.00
Laundromats per machines > 25
$13.80
Laundry
$2,875.00
Miniature golf course
$460.00
Parking lots: 40 and under
$345.00
Parking lots: over 40
$632.50
Peddlers, ice cream, motorized
$230.00
Peddlers, other motorized
$460.00
Pool tables-coin operated
$13.80
Restaurant: 40 & under
$402.50
Restaurant: liquor license
$575.00
Restaurant: over 40
$575.00
Retail, over 1,000 sq. ft.
$345.00
Retail, plus each 100 sq. ft.
$40.25
Retail, up to 1,000 sq. ft.
$345.00
Rooming houses
$149.00
Taxicabs
$402.50
Tram car
$172.50
Any person subject to payment of a tourism development fee whose mercantile license does not pertain to a fixed location shall, upon application, be exempt from payment of a tourism development fee to the City of Wildwood, provided that a tourism development fee has been paid to one of the other municipalities participating in the Greater Wildwood Tourism Improvement and Development Authority, and evidence of such payment is submitted with the application for exemption.
The tax upon predominantly tourism related retail receipts as herein established shall be subject to the following:
a. 
All taxes imposed by the section shall be paid by the purchaser;
b. 
A vendor shall not assume or absorb any tax imposed by the section;
c. 
A vendor shall not in any manner advertise or represent that a tax imposed by the section will be assumed or absorbed by the vendor; and
d. 
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense and each representation of advertisement by a vendor for each day the representation or advertisement continues shall be deemed a separate offense.
This section shall not be altered or repealed, except by mutual action of all of the municipalities forming part of the tourism improvement and development district herein established.
This section shall not be altered or repealed in such manner as to affect any bonds or other obligations pertaining to projects within the tourism improvement and development district herein established which are outstanding.
Tourism development fees as herein created shall be due and payable on the first day of June in each year. All payments will be made to GWTIDA, as the collecting agent for the City of Wildwood, for transmittal to the Chief Financial Office of the City of Wildwood. Failure to pay any tourism development fee within 15 days after the day when due shall subject the person or business obligated for such fee to a penalty equal to five percent of the tourism development fee per month or any part thereof during which the fee remains delinquent together with interest at the rate of eighteen percent per annum for the period of the delinquency. Delinquent fees, together with penalties and interest thereon, will be charged as a delinquency owed by the proper owner to the city and shall be treated for collection purposes in the same manner as delinquent taxes, sewer rents and other municipal charges.
a. 
Fee Due Date. Tourism development fees (TDF) created herein shall be due and payable upon payment of mercantile fees as prescribed in Chapter 7 of the Revised General Ordinances of the City of Wildwood. A mercantile license shall not be issued unless accompanied by payment of TDF and other fees as prescribed in Chapter 7 of the Revised General Ordinances of City of Wildwood. TDF owed from previous years must be made current before a mercantile license can be issued. In cases where the ownership of a business has changed hands, TDF owed from previous years can be waived at the discretion of the governing body.
This section shall become effective upon the last of the following dates to occur:
a. 
Final passage and publication, according to law;
b. 
The effective date of the adoption of a section by the City of North Wildwood which contains uniform taxes on predominantly tourism related retail receipts and uniform tourism development fees with those herein provided and the remaining provisions of which are of a substantially similar nature to this section; or
c. 
The effective date of the adoption of a section by the Borough of Wildwood Crest which contains uniform taxes on predominantly tourism related retail receipts and uniform tourism development fees with those herein provided and the remaining provisions of which are of a substantially similar nature to this section.
Ordinance No. 316-93 and Ordinance 368-95[1] be and are hereby amended to preclude the dissolution of the Greater Wildwood Tourism Improvement and Development Authority, and to preclude the repeal of the two percent tourism related tax until the 60th day after the date that the New Jersey State Treasurer certifies that all bonds or notes issued by the NJSEA to finance the Wildwood Convention Center, together with the interest thereon, have been fully met, discharged or provided therefor.
[1]
Editor's Note: Ordinance Nos. 316-93 and 368-95 are codified herein as sections or portions of sections 2-26A.1 through 2-26A.12.
N.J.S.A. 5:10-1 et seq. was amended effective December 24, 1997 to authorize the tourism related tax paid to the NJSEA pursuant to subsection (g) of the Section 14 of P.L. 1992, c. 165 (c. 40:45-D-14) shall be deposited by the NJSEA in a separate fund or account and applied to any and all of the following purposes pursuant to an allocation of funds approved by the New Jersey State Treasurer in writing and in advance of any application of such funds:
a. 
To pay amounts due with respect to any obligation transferred to the NJSEA pursuant to Section 17 of P.L. 1997 c. 273 (c. 40:54D-25.1) pertaining to the Wildwood Convention Center Facility;
b. 
To repay to the State of New Jersey those amounts paid with respect to bonds or notes of the NJSEA issued for the purposes of the Wildwood Convention Center Facility;
c. 
To pay the costs of operation and maintenance resolved for the Wildwood Convention Center Facility; and
d. 
To establish and maintain a working capital and maintenance of the Wildwood Convention Center Facility.
The balance, if any, of the tourism related tax revenues not allocated to any of the purchases set forth in the previous paragraphs and remaining at the end of the accounting year, shall be paid to the New Jersey State Treasurer for deposit in the general fund.
This section shall not be altered or repealed, except by mutual action of all of the municipalities forming part of the Greater Wildwood Tourism Improvement and Development Authority.
This section shall not be altered or repealed in such manner as to affect any bonds or other obligations pertaining to projects within the Greater Wildwood Tourism Improvement and Development Authority herein established which are outstanding.
Pursuant to Ordinance Number 316-93 (codified as Section 2-26A), a tourism improvement and development district was created in the City of Wildwood pursuant to the authority conferred by P.L. 1992, C. 165 (N.J.S.A. 40:54D-1 et seq.); (the Law); and further pursuant to said ordinance the Greater Wildwoods Tourism Improvement and Development Authority ("GWTIDA") was created as an independent agency in accordance with the Law to manage and oversee the operations of the district; and further pursuant to the ordinance, GWTIDA was authorized to levy taxes upon predominantly tourism related receipts at a rate of two percent for the purpose of increasing public revenue and to devote the proceeds from said tax to the purposes described in the Law (the "Phase I tourism funding").
On August 14, 2002, the governor of the State of New Jersey signed P.L., 2002 C. 72, which amended the Law to authorize additional tourism funding for tourism improvement and development authorities. The governing body of the City of Wildwood desires to amend its ordinances to grant GWTIDA the authority to impose such levies and assessments as provided for by the Law as amended and to implement the "Phase II" tourism funding.
This section is subject to all provisions of N.J.S.A. 40:54D-1 et seq., as amended by P.L. 2002, C. 72, and as the same may be amended from time to time hereafter, together with the legislative commentary regarding the same dated November 8, 2002, annexed hereto. The same are hereby incorporated herein by this reference as if set forth at length.
In addition to the Phase I tourism funding authorized by Ordinance 316-93, GWTIDA is hereby authorized to levy a tourism assessment, as set forth in N.J.S.A. 40:54D-1 et seq., as amended by P.L. 2002, C. 72, at a rate of one and eighty-five hundredths percent (the "Phase II tourism funding"), and to devote the proceeds therefrom for the purposes described in the Law, as amended.
a. 
The tourism development fees shall remain as set forth in Ordinance 316-93, previously adopted by the governing body of Wildwood, and may be amended or increased by said governing body, by ordinance, in its sole discretion.
b. 
A business paying the tourism development fee or the tourism assessment shall be exempt from any county or state imposed future room taxes, tourism taxes, beach fees, or other similar taxes imposed by the county or the State of New Jersey on tourism related business.
c. 
Any person or business claiming any exemption for an amount of fee otherwise required by this section by reason of the collection of amounts of tax on predominately tourism related retail receipts is deemed to have consented to the release of information concerning said business or person's tax on predominately tourism related retail receipts collected for the fee period sufficient, as determined by the director, to verify the claim for exemption. The municipality shall provide safeguards which restrict the use or disclosure of any such information provided to purposes directly connected with the administration of the fee.
d. 
The tourism development fee imposed hereunder shall be uniform throughout the District and shall apply to all persons and/or business entities as permitted under the law or this section. In addition to those persons and/or business entities identified under the Law or this section, the fee shall apply to:
1. 
All persons and/or business entitles making sales of tangible personal property or services, the receipts from which are subject to the "Sales and Use Tax Act," P.L. 1966, c. 30 (C. 54:32B-1 et seq.) and who are required to collect a tax on predominantly tourism related retail receipts, but only to the extent that the amount of tax on those receipts collected in a year by the person/business is less than the amount of the tourism development fee for that year, provided however that the persons making sales of food and drink subject to taxation pursuant to subsection (c) of section 3 of P.L. 1996, c. 30 (N.J.S.A. 54:32b-3) shall pay a tourism development fee in the amount required by N.J.S.A. 40:54-D-15.
2. 
All persons and/or business entities providing tourism lodging, who shall pay a tourism development fee in an amount determined in the sole discretion of the municipality by ordinance regardless of whether those sales are otherwise subject to the Sales and Use Tax Act. If the lodging is rented by an agent on behalf of the owner on that unit in a year, and forward the amount or amounts on behalf of the person/business providing tourism lodging pursuant to the requirements of section 17 of the Law (N.J.S.A. 40:54-d-17).
(a) 
For purposes of interpreting this section, "tourism lodging" means any dwelling unit, other than a dwelling unit in a hotel the rent for which is subject to taxation under the "Sales and Use Tax Act, "P.L. 1966, C. 30 (N.J.S.A. 54:32b-1 et seq.), rented with or without a lease, whether rented by the owner or by an agent for the owner: (1) within a multiple unit building of more than four units, which building is (a) under single ownership without regard to the form of ownership, or (b) organized as condominium or cooperatives; or (2) in a group of buildings of more than four units, which group of buildings are (a) under single ownership without regard of the form of ownership, or (b) organized as condominiums or cooperatives.
a. 
All funds and revenues received by GWTIDA from the Treasurer of the State of New Jersey shall be used by the authority, first to make payment for services provided by a municipality in which a tourism project is located to that extent that those payments are required by an agreement entered into on or before February 8, 2000. The remaining tourism assessments collected and paid to the authority shall be used for beach operation offset payment as provided for in paragraph b herein, and the balance of the funds shall be used by the authority for advertising, promotion and other tourism development activities as approved and budgeted by the authority.
b. 
The beach operation offset payment payable within the district shall be set in accordance with the Law. Each municipality within the District shall receive an equal share of the beach operations offset payment payable in the district in which the municipality is located; provided however, that the share of a municipality that may not receive a payment due to the provisions of the Law shall be used by the authority for advertising, promotion and other tourism development activities as approved and budgeted by the authority. No beach operation offset payments may be made to a municipality in any year in which that municipality imposes beach fees within the boundaries of that municipality.
All taxes or assessments imposed by this section shall be paid by the purchaser. A vendor shall not assume or absorb any tax or assessment imposed by this section. A vendor shall not in any manner advertise or represent that a tax or assessment imposed by this section will be assumed or absorbed by the vendor. Each assumption or absorption by a vendor of the tax or assessment shall be deemed a separate offense of each representation of advertisement by a vendor for each day the representation or advertisement continues shall be deemed a separate offense.
Any person violating this section shall be subject to a fine not to exceed one thousand ($1,000.00) dollars or imprisonment for a term not to exceed 90 days, or both.
This section shall not be altered or repealed unless permitted by the Law as amended from time to time, except by mutual action of all the municipalities forming a part of the district, except that the tourist development fees charged herein may be changed by future ordinance of this governing body, in its sole discretion.
This section shall not be altered or repealed in such a manner as to affect any bonds or other obligations pertaining to projects within the district which are outstanding.
This section shall become effective upon the last of the following dates to occur:
a. 
Final passage and publication according to law;
b. 
The effective date of the adoption of an ordinance by the City of Wildwood which contains uniform taxes on predominantly tourism related receipts and uniform tourism development fees with those herein provided and the remaining provisions of which are of a substantially similar nature to this section.
c. 
The effective date of the adoption of an ordinance by the City of Wildwood which contains uniform taxes on predominantly tourism related retail receipts and uniform tourism development fees with those herein provided and the remaining provisions of which are of a substantially similar nature to this section coupled with written approval of said ordinances and this section by the State Treasurer and the New Jersey Sports and Exposition Authority all as required by N.J.S.A. 40:54D-4.
[1]
Editor's Note: Former Section 2-27, Tax Exemptions and Abatements for Certain Dwellings, Multiple Dwellings, Commercial and Industrial Structures, previously codified herein and containing portions of Ordinance Nos. 160-86 and 319-13, was repealed in its entirety by Ordinance No. 517-00.
[1]
Editor's Note: See Chapter 10 for additional provisions concerning delinquent water charges (subsection 10-2.13A) and delinquent sewer charges (subsection 10-5.8).
No building permit shall be issued to any person, persons or corporation which is either the owner of or the tenant of any lands and/or premises situate within the City of Wildwood unless the applicant for such building permit has first submitted sufficient proof to the construction official of the City of Wildwood that there are no delinquent local real property taxes outstanding upon the lands and/or premises upon which permission is sought by such applicant to commence construction, by the filing of an application which seeks the issuance of a building permit.
No mercantile license, liquor license or contractor's license shall be issued to any person, persons or corporation seeking to operate any business which requires the issuance of such license or such licenses and which is situate within the City of Wildwood, nor shall any such license or licenses be renewed, unless the applicant therefor has first submitted sufficient proof to the clerk of the City of Wildwood that there are no delinquent local real property taxes outstanding upon the land and/or premises upon which the business applying for such mercantile license, liquor license or contractor's license shall be proposed to operate within the City of Wildwood.
For the purpose of this section, local real property taxes shall be considered delinquent when they have not been paid in a timely fashion pursuant to the requirements of N.J.S.A. 54:4-66.
Sufficient proof of payment of said taxes shall be a receipt from the tax collector of the City of Wildwood or any other properly authenticated document executed by the tax collector of the City of Wildwood which declares that the local real property taxes on the real property in question are current.
The condition precedent which is imposed upon the issuance of a liquor license shall be subject to the rules and regulations of the Division of Alcoholic Beverage Control as promulgated pursuant to N.J.S.A. 33:1-1 et seq.
Any building permit, mercantile license or contractor's license heretofore issued may be revoked or suspended when any licensee, who is an owner of the property upon which the licensed business or activity is conducted, has failed to pay the taxes due on the property for at least three consecutive quarters. Upon payment of the delinquent taxes or assessments, the license or permit shall be restored.
No insurance company shall hereafter pay any claim for fire damages in excess of two thousand five hundred ($2,500.00) dollars on real property located within the City of Wildwood until such time as the insured person submits an official certificate of search for municipal liens pursuant to R.S. 54:5-12, certifying that all taxes, assessments or other municipal liens or charges, levied and assessed and due and payable against said property have been paid, and an official certificate, on a form prescribed and certified by the municipality, that demolition is not required or that the cost of demolition has been paid.
Nothing herein contained shall preclude the execution of agreement by the municipality and the property owner, duly authorized by a resolution of the municipality pursuant to the provisions of N.J.S.A. 17:36-11, providing for installment payments.
All of the terms and conditions of N.J.S.A. 17:36-8 through 17:36-13, as from time to time amended, are hereby incorporated by reference.
Any person claiming payment (hereinafter "claimant") from the City of Wildwood (hereinafter "city") shall first submit a voucher to the chief financial officer (hereinafter "chief financial officer") of City, on forms provided by said chief financial officer, which voucher shall either include thereon or annexed thereto, a detailed statement of the items comprising the demand or claim made by any such claimant as follows:
a. 
Each voucher shall specify, with particularity, the nature of claimant's claim.
b. 
Each voucher shall specify, with particularity, the number of hours of service rendered by such claimant and/or a schedule of the items supplied by said claimant to city.
c. 
Each voucher shall contain the certification of claimant that the claim of claimant is correct.
d. 
Each voucher shall only be considered for payment following the certification of either a department head or other municipal official responsible for the function involved, or his duly designated representative having personal knowledge of the facts, that the goods or services included in said voucher have been received or rendered to city and that those services or goods are consistent with any existing contract or purchase order.
It shall be the duty of chief financial officer to audit all such vouchers submitted for payment and to make recommendations concerning the payment of the same.
Following due certification and audit as aforesaid, not later than three full days prior to the time formal action is scheduled to be taken on the approval or disapproval of vouchers by city council of the City of Wildwood (hereinafter "council"), copies of each voucher certified and audited for payment by chief financial officer shall be presented to the city clerk of the City of Wildwood (hereinafter "clerk") by chief financial officer for inclusion in the agenda of the next immediate formal meeting of council and it shall be the duty of clerk to examine all vouchers submitted for payment in order to ascertain if proper administrative procedures have been followed in the submission of the same. All of such vouchers shall be listed systematically, without preference, and said vouchers and the list of such vouchers shall be made available by clerk to each member of council, for inspection and review, at least three full days prior to the time formal action is scheduled to be taken thereon by council so that each member of council may have the opportunity to inspect and review said vouchers before council shall take formal action approving or disapproving the payment of said vouchers.
Not later than 4:00 p.m. on the date of each meeting of council at which formal action is scheduled to be taken on the payment of vouchers by council, chief financial officer shall present clerk with a list of the balances which remain in each budget appropriation, together with the certification of chief financial officer that the balance which remains in each budget appropriation is of sufficient quantity to permit the payment of each of the vouchers submitted, pursuant to subsection 2-30.3 hereof, to clerk by chief financial officer, without exceeding the balance which remains in each budget appropriation. Such list of the balances which remain in each budget appropriation and the certification of chief financial officer that the balance which remains in each budget appropriation is of sufficient quantity to permit the payment of each of the vouchers submitted, pursuant to subsection 2-30.3 hereof, to clerk by chief financial officer, without exceeding the balance which remains in each budget appropriation, shall be made available by clerk to each member of council prior to the time formal action is scheduled to be taken thereon by council so that each member of council may have the opportunity to inspect and review said list of balances as well as the certification of chief financial officer which are hereinabove described.
All vouchers shall be considered by council which shall approve or disapprove the payment of the same. In the case that council shall disapprove the payment of any voucher presented to it for payment, council shall annex to such voucher the reason for such rejection. Any voucher disapproved for payment shall be referred to clerk by council with such instructions as council may give at the time of disapproval of payment of such voucher.
It shall be the duty of clerk to record all vouchers representing claims in the official minutes of council, indicating that council has, by formal action, approved the same and to also record any claims which council has disapproved or rejected. All records pertaining to approved or disapproved vouchers, representing bills or claims submitted by claimants, shall be available for public inspection.
Following certification by clerk that the vouchers submitted to council have been approved, clerk shall turn over to chief financial officer all of such approved vouchers and chief financial officer shall forthwith prepare the necessary checks for payment thereof, which checks shall be executed by the mayor and thereafter executed by chief financial officer and clerk. Following the preparation of checks for the payment of the vouchers which have been approved by council, chief financial officer shall record them in proper books of account and thereafter mail the checks in payment of same to the claimants.
[1]
Editor's Note: See Chapter 1A, subsection 1A-6.3c for the provisions establishing the office of health.
Pursuant to the authority contained in N.J.S.A. 26:3-1, the City of Wildwood Board of Health is hereby established.
The City of Wildwood Board of Health shall be composed of seven members.
The members of the City of Wildwood Board of Health shall be appointed by the city council of the City of Wildwood.
The members of the City of Wildwood Board of Health shall each be appointed for a term of four years, except that the initial appointive members of the City of Wildwood Board of Health shall be appointed to the following terms:
1 Member: 1 Year Term
2 Members: 2 Year Term
2 Members: 3 Year Term
2 Members: 4 Year Term
Any vacancy which shall occur on the City of Wildwood Board of Health shall be filled in the same manner in which the original appointment to said board was made pursuant to subsection 2-31.3, however, such appointment to a vacancy on said City of Wildwood Board of Health shall be made for the unexpired portion of the term of the member whose resignation or death caused such vacancy.
All resulting lists of eligibles, as advertised for in the Civil Service Job Opportunities Bulletin on a monthly basis, shall rank residents of the City of Wildwood first, residents of the County of Cape May second, residents of the Counties contiguous to Cape May third, residents of the State of New Jersey fourth, and residents of the United States fifth.
Pursuant to the Municipal Public Utility Law, N.J.S.A. 40:63-1 et seq., there is hereby created a municipal sewer utility as an agency and instrumentality of the City of Wildwood, County of Cape May and State of New Jersey.
The City of Wildwood sewer utility hereby created is a utility contemplated and provided for by Chapter 63, Sewers, Drains-Disposal Plants, By A Single Municipality, and shall have and exercise all the powers and perform all the duties provided for by said law and any other statute heretofore enacted thereto.
The governing body of the City of Wildwood Municipal Sewer Utility shall consist of five members who shall also be the five members of council of the City of Wildwood.
OFFICIAL, OFFICER, AND EMPLOYEE
Shall mean any person elected or appointed to any public office, agency or body of the city or employed or retained by the city for any office, agency or body thereof, whether such person serves in a paid or unpaid capacity.
Whenever an official, officer or employee of the city is a defendant in any action or legal proceeding arising out of or incidental to the performance of his duties, the governing body shall provide the official, officer or employee, or with the necessary defense or, at his option, means for defense of such action or proceeding and shall also hold such official, officer or employee harmless from the payment, settlement or judgment resulting from the proceedings, except in the following instances:
a. 
Where action has been brought by the city itself against the said official, officer or employee, or in a criminal proceeding instituted as a result of a complaint on behalf of the city.
b. 
Where the official, officer or employee has been specifically found by the trier of facts in proceedings, civil or criminal, to have acted with actual fraud, actual malice or willful misconduct.
c. 
Where the official, officer or employee is found to have acted in violation of the city ordinances or rules or regulations.
d. 
Where the legal proceeding involves a proceeding concerning the election laws.
The city council may refuse to provide for the defense and indemnification referred to in subsection 2-34.2 if it determines that:
a. 
The act or omission was not within the scope of the person's employment or official duties.
b. 
The act, or the failure to act, was because of actual fraud, willful misconduct or actual malice.
c. 
The defense of the action or proceedings by the city would create a conflict of interest between the city and the official, officer or employee.
An official, officer or employee requesting defense of any action or claiming indemnification under this section shall cooperate fully and in good faith with the city and with any attorneys, adjustors, investigators, experts or technical personnel engaged for purposes of defense in the preparation and presentation of said defense to such action or the settlement or other disposition thereof. If such official, officer or employee shall neglect, fail or refuse to cooperate as aforesaid, the city council, after hearing on ten days written notice to the official, officer or employee and for cause, may declare all rights created under this section for the benefit of such official, officer or employee to be forfeited and terminated. Any such vote shall be by majority vote of the full membership of the city council.
Whenever the city provides the defense of an official, officer or employee pursuant to this section, the city may assume exclusive control of the representation of such official, officer or employee.
Nothing in this section shall be deemed to authorize the city to pay for damages resulting from the commission of a crime or for exemplary or punitive damages, provided that the city may indemnify an employee for exemplary or punitive damages resulting from the employee's civil violation of state or federal law if, in the opinion of the governing body of the city, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
An official, officer or employee shall not be entitled to indemnification or the cost of defense under this section unless within ten days of the time such official, officer or employee is served with any summons, order to show cause, complaint, process, notice, demand or pleadings, he delivers the same, or a certified copy thereof, to the city clerk. Upon receipt of same, the city clerk shall forthwith notify all members of city council, the business administrator and the city solicitor of the receipt of same. The aforesaid time period for receipt of notice of suit may be extended, for cause, by the affirmative vote of a majority of the full membership of city council.
In the event that this section conflicts with any existing negotiated contracts between the city and its employees, the terms of the contract applying to the respective employee shall govern.
This section, upon its effective date, shall apply to any matter herein covered whether or not same is alleged to have occurred before or after the effective date of this section.
The amount the city is obliged to reimburse the municipal official, officer or employee shall be reduced by any insurance coverage payable to such individual or to the city for expenses of suit.
The municipal official, officer or employee shall be obliged to cooperate with the city in the conduct of the defense. Whenever competent and disinterested legal counsel is available to the city through any insurance coverage, the municipal official, officer or employee shall be obliged to be represented by that attorney unless there be a conflict of interest as certified by said attorney, the presiding judge of the court in which the matter is pending or the Advisory Committee of Professional Ethics of the New Jersey Supreme Court. The refusal of the municipal official, officer or employee to cooperate with the city shall terminate the city's obligation to reimburse the municipal official, officer or employee.
If the legal proceedings is terminated by settlement among the parties, then the city shall not be obligated to reimburse the municipal official, officer or employee unless the city approves the settlement agreement.
If the municipal official, officer or employee files a counterclaim in the legal proceedings, the city shall not be obligated to reimburse said official, officer or employee for any attorneys' fees or court costs attributable to the prosecuting of said counterclaim, provided, however, the city may reimburse a municipal official, officer or employee for a portion of reasonable expenses incurred in connection with the proceedings, prior to a final decision provided, however, that the city gives prior approval to the undertaking of said expenses.
Notwithstanding any contractual provisions, to the extent that the Revised Statutes of the State of New Jersey provide broader indemnification to members of the city police department and volunteer fire department, such statutes, wherever applicable, shall supersede this section.
The City of Wildwood provides full-time professional emergency medical services (City-EMS) to citizens and visitors to the City of Wildwood on a 24-hour per day basis throughout the year to the extent that services are available. City-EMS services are provided by employees of the City of Wildwood Fire Department. Dispatching and other support services are provided by employees of the City of Wildwood Police Department.
All people needing City-EMS who are located within the City of Wildwood shall be served to the extent that services are available without discrimination on any basis whatsoever, and without respect to residency, ability to pay or any other factor. No person located within the city at the time City-EMS services are needed shall be denied available service. There shall be no delay in providing available service due to City-EMS cost recovery procedures.
The costs of providing City-EMS shall be paid by a combination of (1) insurance payments for service to persons who have insurance coverage, (2) direct payments from persons served for amounts not covered by insurance, (3) revenues from service agreements with persons, agencies and jurisdictions that rely on City-EMS and (4) local purpose property taxation for residents who certify they do not have insurance coverage or other resources to pay for service.
Personnel of both the police and fire departments shall maintain accurate records of all City-EMS requests for service, service calls and services provided on forms provided by the commissioner of public safety. Said records shall include pertinent information about the general nature of the call and shall identify the complete name, mailing address, location and telephone numbers and insurance of all persons requesting and receiving City-EMS.
Except as may be arranged pursuant to duly adopted Emergency Medical Service Agreements authorized by subsection 2-35.7 below the Chief of the Department of Fire of the City of Wildwood shall issue a bill calculated in accordance with the Schedule of Charges hereinafter set forth in each instance where City-EMS services are utilized. Said bill shall be issued to the insurance company providing coverage for the person served, if any, or directly to the person served if insurance coverage is not available. The Schedule of Charges is as follows:
Schedule of Charges
Rate for Ambulance and trained crew
$650
Rate for providing oxygen
$100
Rate for mileage
$10 per mile
Treat & Release
$50
Automatic External Defibrillation Treatment
$150
The "Schedule of charges" in this section may be amended by resolution of the governing body.
a. 
Persons receiving bills for City-EMS services shall be responsible for payment of same in full to the Chief of the Department of Fire of the City of Wildwood, or proof of submission of a claim to the person's insurance carrier for payment within 30 days of the date of the bill. Persons receiving City-EMS services that have health insurance to cover ambulance and emergency medical services are expected to cooperate with the chief of the department of fire and other personnel of the City of Wildwood to secure full payment for services provided.
b. 
The chief of the department of fire will cause follow-up notices to be sent 30 days after initial billing and 60 days after first follow-up notice in the case of bills that are not paid. Should any bill not be paid within 90 days after initial billing, including the period of the two follow-up notices, the chief of the department of fire shall cause said account to be turned over to a collection agency for processing.
c. 
All receipts are to be turned over to the certified finance officer as per the requirements of the New Jersey Local Fiscal Affairs Law.
Residents of the City of Wildwood, neighboring municipalities, non-profit organizations, housing authorities and others are welcome and invited to enter into Emergency Medical Service Agreements with the City of Wildwood in order to receive City-EMS on terms other than set forth in subsection 2-35.5 and 2-35.6 above. Service Agreements shall insure the availability of city-EMS to entities or jurisdictions willing to pay a fair share of the city's costs of providing City-EMS. The board of commissioners of the City of Wildwood may enter into such Service Agreements by adoption of an appropriate resolution or by adoption of an ordinance to authorize an Interlocal Services Agreement in the case of adjacent municipalities.
There shall be created an Invoice Review Committee as appointed by the commissioner of public safety to review the issuance of invoices and the inability of certain individuals billed to pay the amounts billed due to inappropriate response, indigence or other good reason. Said committee shall meet as needed and be members until replaced by the commissioner of public safety. Said committee shall serve without compensation.
The City of Wildwood provides full-time professional fire emergency and rescue services (city) to citizens and visitors to the City of Wildwood on a 24-hour per day basis throughout the year to the extent that services are available. City-fire services are provided by employees of the City of Wildwood Fire Department. Dispatching and other support services are provided by employees of the City of Wildwood Police Department.
All persons needing city fire/rescue services who are located within the City of Wildwood shall be served to the extent that services are available without discrimination on any basis whatsoever, and without respect to residency, ability to pay or any other factor. No person located within the City of Wildwood at the time city fire/rescue services are needed shall be denied available service. There shall be no delay in providing available service due to city fire/rescue cost recovery procedures.
The costs of providing city fire/rescue services shall be paid by a combination of (1) insurance payments for service to persons who have insurance coverage, (2) direct payments from persons served for amount not covered by insurance, (3) revenues from service agreements with persons, agencies and jurisdictions that rely on city fire/rescue and (4) local purpose property taxation for residents who certify they do not have insurance coverage or other resources to pay for the service.
Personnel of both the police and fire departments shall maintain accurate records of all city fire/rescue requests for service, service calls and services provided on forms provided by the commissioner of public safety. Said records shall include pertinent information about the general nature of the call and shall identify the complete name, mailing address, location and telephone numbers of all persons requesting and receiving insurance fire/rescue services.
Except as may be arranged pursuant to duly adopted Emergency Fire/Rescue Service Agreements authorized by Section 2-35A.7 below, the chief of the department of fire of the City of Wildwood shall issue a bill calculated in accordance with the Schedule of Charges hereinafter set forth in each instance where city fire/rescue services are utilized. Said bill shall be issued to the insurance company providing coverage for the person served, if any, or directly to the person served if insurance coverage is not available. The Schedule of Charges is as follows:
Schedule of Charges
The fire department response to rescue shall be reimbursed as follows:
a. 
Light rescue: $750.
1. 
Operations such as stabilization, use of hand tools, hazard control and other related light rescue including oil dry at accident scenes.
b. 
Medium rescue: $1,500.
1. 
Operations include the use of power tools and hydraulic rescue tools to perform activities such as opening or removing doors to provide access to patients as well as stabilizing vehicles and performing hazardous assessment.
c. 
Heavy rescue: $2,500.
1. 
Operations include any technical rescue procedures, including but not limited to water and ice rescue, boat rescue, rope rescue, confined space rescue, high-angle rescue, trench rescue or structural collapse rescue. Motor vehicle rescue that include the use of power tools and hydraulic tools to perform operations such as partial or full roof removal, front/dash displacement, third door access and separating vehicles from one another.
Except as may be arranged pursuant to duly adopted Emergency Medical Service Agreements authorized by Section 7, the Chief of the Department of Fire of the City of Wildwood shall issue a bill calculated in accordance with the Schedule of Charges hereinafter set forth in each instance where City-EMS services are utilized. Said bill shall be issued to the insurance company providing coverage for the person served, if any, or directly to the person served if insurance coverage is not available. The Schedule of Charges is as follows:
Schedule of Charges
Rate for ambulance and trained crew
$650
Rate for providing oxygen
$100
Rate for mileage
$10 per mile
Treat and release
$50
Automatic external defibrillation treatment
$150
Cervical collars
$30
a. 
Persons receiving bills for city-fire/rescue services shall be responsible for payment of same in full to the chief of the department of fire of the City of Wildwood, or proof of submission of a claim to the person's insurance carrier for payment within 30 days of the date of the bill. Persons receiving city-fire/rescue services that have insurance to cover fire and emergency rescue services are expected to cooperate with the chief of the department of fire and other personnel of the City of Wildwood to secure full payment for services provided.
b. 
The chief of the department of fire will cause follow-up notices to be sent 30 days after initial billing and 60 days after first follow-up notice in the case of bills that are not paid. Should any bill not be paid within 90 days after initial billing, including the period of the two follow-up notices, the chief of the department of fire may cause said account to be turned over to a collection agency for processing.
c. 
All receipts are to be turned over to the director of revenue and finance as per the requirements of the New Jersey Local Fiscal Affairs Law.
Residents of the City of Wildwood, neighboring municipalities, non-profit organizations, housing authorities and others are welcome and invited to enter into Emergency Fire Rescue Service Agreements with the City of Wildwood in order to receive city-fire/rescue on terms other than set forth in subsections 2-35A.5 and 2-35A.6 above. Service Agreements shall insure the availability of city-fire/rescue to entities or jurisdictions willing to pay a fair share of the city's costs of providing city-fire/rescue services.
The Board of Commissioners of the City of Wildwood may enter into such Service Agreements by adoption of an appropriate resolution or by adoption of an ordinance to authorize an Interlocal Services Agreement in the case of adjacent municipalities.
Prior ordinance history includes portions of Ordinance Nos. 283-91 and 336-94.
a. 
All officers and employees of the City of Wildwood who shall hereafter become employees of the city are hereby required as a condition of their continued employment to have their place of abode in the City of Wildwood and to be bona fide residents therein, except as otherwise provided by law. A bona fide resident, for the purpose of this section, is a person having a permanent domicile within the City of Wildwood and one which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside of the city limits.
b. 
All officers and employees of the City of Wildwood who shall hereafter become employees of the city shall have a period of 18 months from date of hire to establish bona fide residency in the City of Wildwood.
c. 
Failure of any officer or employee to comply with the provisions and/or timetable of this section shall be cause for his/her removal or discharge from the city service, as determined by the board of commissioners, and said removal or discharge shall be memorialized in a resolution adopted by the majority of the board.
The board of commissioners is hereby authorized in its discretion, for good cause shown, to permit any officer or employee of the city in his/her respective department or office to remain in the employ of the city without complying with the provisions hereof, where:
a. 
The nature of the employment is such as to require residence outside of the city limits;
b. 
Special talent or technique which is necessary for the operation of government not found among City of Wildwood residents exists justifying residence outside of the city limits.
When the appointing authority of the City of Wildwood has determined that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the appointing authority shall advertise for other qualified applicants. Classification of qualified applicants in such instances shall be determined in the following manner:
a. 
Other residents of Cape May County;
b. 
Other residents of counties contiguous to Cape May County;
c. 
Other residents of the State of New Jersey;
d. 
All other applicants.
All appointments shall be made in the order of preference established hereinabove, except subject to preferences granted pursuant to any other provision of law.
All nonresidents appointed to positions or employments subsequent to the effective date of this section pursuant to the provisions of this section, shall become bona fide residents of the City of Wildwood within one year from their appointment.
a. 
Whenever the appointing authority shall determine that there are certain specific positions and employments requiring special talents or skills which are necessary for the operation of the City of Wildwood and which are not likely to be found among the residents of the City of Wildwood, such positions or employments so determined shall be filed without reference to residency.
b. 
Before any appointment of a nonresident is made to a position requiring special talent or skill, the formal criteria justifying the nonresident appointment shall be set forth by the appointing authority.
It shall be the duty of the hiring authority to insure that all officers or employees hired after the effective date of this section who are required to be residents of the City of Wildwood pursuant to the terms hereof, shall remain bona fide residents of the City of Wildwood. Failure of any such officer or employee to maintain residency in the City of Wildwood shall be cause for removal or discharge from service or employment pursuant to the provisions of N.J.S. 40A:9-1.5.
Whenever the appointing authority determines that a qualified resident of the City of Wildwood cannot be found to fill any position with the City of Wildwood Water Utility, a nonresident may be appointed or hired to fill the position.
Promotion preference shall be given to bona fide residents of the City of Wildwood. When promotions are based upon merit, as properly determined, a bona fide resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. Such preference under this section shall in no way diminish, reduce or affect the preference granted pursuant to any other law.
Wherever the appointing authority determines that it is appropriate to hire a nonresident of the City of Wildwood or permit a nonresident to apply for a Civil Service position pursuant to authorization created by any subsection of this section, the appointing authority shall file written documentation in support of the determination to waive the residency requirement in the office of the city clerk within one week after the making of such determination.
a. 
Notwithstanding any other provision of Ordinance No. 283-91, any officer or employee of the City of Wildwood who was the holder of an office or position of employment on the effective date of Ordinance No. 283-91,[1] which office or position of employment would be required to be held by a resident of the City of Wildwood if appointment to said office or position of employment had been made subsequent to the effective date of Ordinance No. 283-91, shall be entitled to certain "grandfathering rights" with respect to nonresidency, as follows:
1. 
Retention of the position held on the effective date of Ordinance No. 283-91;
2. 
Lateral moves which are defined for this purpose as transfer to any other office or position of employment in the City of Wildwood which is not deemed to be a promotion;
3. 
Any temporary promotion for a period not to exceed six (6) months; and
4. 
A promotion up to any level below that of assistant department head, division head or deputy city clerk.
[1]
Editor's Note: Ordinance No. 283-91, referred to herein, is codified as sub-sections 2-36.1—2-36.8 and became effective March 8, 1992.
b. 
Any "grandfathering rights" to which a nonresident officer or employee of the City of Wildwood is entitled by virtue of this subsection will terminate upon such officer or employee becoming a resident of the City of Wildwood. Should such officer or employee thereafter again become a nonresident of the City of Wildwood, such "grandfathering rights" will not revive and said officer or employee will be subject to the provisions of Ordinance No. 283-91 dealing with cessation of residency by an officer or employee who is required to be a resident of the City of Wildwood.
a. 
Preamble. N.J.S.A. 40:8A-1, et seq., permits a municipality to enter into an agreement with other municipalities for the joint provision within their several jurisdictions of any service which any party to the agreement is empowered to render within its own jurisdiction. The City of Wildwood, the City of North Wildwood, the Borough of Wildwood Crest and the Borough of West Wildwood deem it appropriate to enter into such an agreement regarding the services of a construction office to jointly serve the needs of the participating municipalities.
Be it resolved, by the City Council of the City of Wildwood in the County of Cape May, New Jersey, the governing body of the City of Wildwood, as follows:
b. 
Preamble Incorporated by Reference. The provisions of the preamble hereto are hereby incorporated by reference.
c. 
Authorization and Approval. Execution of an agreement to participate in a joint construction office is hereby authorized and approved.
d. 
Copy on File. A copy of the proposed agreement for creation of a joint construction office is hereby approved and said proposed agreement is directed to be placed on file in the office of the City Clerk of the City of Wildwood for public inspection.
e. 
Management Committee Representatives. The representatives of the City of Wildwood to serve on the management committee of the joint construction office are to be appointed by the mayor with the advice and consent of city council. One of said members must be an official of the City of Wildwood, and one of said members must be a member of the governing body of the City of Wildwood. The representatives of the City of Wildwood on said management committee shall be deemed officials, officers and employees of the City of Wildwood for the purpose of indemnification pursuant to Section 2-34 of the Revised General Ordinances of the City of Wildwood.
f. 
Execution of Agreement. The Mayor and Clerk of the City of Wildwood are hereby authorized to execute the agreement reflecting the Interlocal Service Agreement provided for herein.
g. 
Effective Date. This section shall become effective immediately upon final passage and publication, according to law, but subject to the enactment of similar ordinances by the City of North Wildwood, the Borough of Wildwood Crest and the Borough of West Wildwood.
The historic preservation commission is hereby dissolved. The duties and responsibilities of the former historic preservation commission, previously contained in former subsection 2-38.1a — h shall be the responsibility of the community advisory board, Section 2-9 of this Code.
There is hereby established an insurance fund in accordance with the provisions of N.J.S.A. 40A:10-6 and for the reasons set forth therein.
The board of commissioners may designate the maximum or minimum amount of the insurance fund and, from time to time, provide for the disposition of any excess over and above the maximum amount fixed or of the interest or profits arising therefrom when the fund shall have reached the maximum limit.
In accordance with N.J.S.A. 40A:10-8, there is hereby established an insurance fund commission consisting of three commissioners:
a. 
The commissioners shall be officials of the City of Wildwood and shall hold office for periods of two years or for the remainder of their terms of office as officials, whichever shall be less, and until their successors have been duly appointed and qualified. To the extent that any commissioner serves for a lesser period of time, an interim appointment shall be made for the balance of that commissioner's term. The commissioners shall serve without compensation. The commissioners shall be the governing body of the City of Wildwood.
b. 
In accordance with N.J.S.A. 40A:10-9, the commission shall elect a chairman and shall promulgate such rules and regulations as it deems necessary to carry out its function.
c. 
The commission shall have the powers and authority set forth in N.J.S.A. 40A:10-10.
d. 
Commission Secretary.
1. 
There shall be established the position of secretary to the board of insurance fund commissioners. The secretary shall be appointed by the insurance fund commission and shall serve at the pleasure of the commission. The commission secretary shall have the obligation to take and maintain accurate minutes of commission meetings and to maintain accurate records of each and every claim filed against the City of Wildwood, whether a general liability claim or a workers' compensation claim.
2. 
The annual salary of the commission secretary shall not exceed one ($1.00) dollar per year or as may otherwise be established by the board of commissioners from year to year hereinafter.
a. 
There shall be established the title of certifying and approval officer for the purpose of handling liability and workers' compensation claims filed against the City of Wildwood. The certifying and approval officer shall be designated, from time to time, by the board of commissioners, and shall serve and be compensated in accordance with a contract of employment, with terms and conditions mutually agreed upon by the parties and, in any event, to be subject to the provisions of N.J.S.A. 40A:5-17 and as otherwise set forth herein. In no event shall any one contract with the certifying and approval officer be for more than a three-year period, although any given contract may be extended for additional periods not to exceed three years per extension.
b. 
The certifying and approval officer shall also be the risk manager and shall have the sole right of approval as to any claim not to exceed five thousand ($5,000.00) dollars.
a. 
The risk manager shall submit a voucher on the form prescribed by the city on all claims, of whatever amount, and will, by signature, approve all vouchers and countersign said vouchers in the same manner as any other department head of the city. With respect to all other claims exceeding five thousand ($5,000.00) dollars, said claims are to be submitted by the risk manager to the insurance commission for approval together with the appropriate voucher on a monthly bill list. Payments will be made on all vouchers by checks signed by the appropriate signatory of the city, countersigned by the designee of the risk manager.
b. 
In determining claim amounts, when dealing with weekly temporary disability benefits and/or medical payments in workers' compensation claims, each said claim is to be construed as a separate claim in determining whether or not the same equals or exceeds the five thousand ($5,000.00) dollar limit hereinabove referred to in paragraph a.
The environmental commission is hereby dissolved. The duties and responsibilities of the former environmental commission previously contained in subsection 2-40.4 shall be the responsibility of the community advisory board, Section 2-9 of this Code.
Condominium associations, whose condominium developments are located within the city limits of the City of Wildwood, shall be required to report to the Tax Collector of the City of Wildwood, on an annual basis, the names and addresses of the officers and directors of their condominium association. Said condominium association shall supply said information to the Tax Collector of the City of Wildwood on or before June 1, of each year.
Any person who violates any provision of this section shall be subject to a fine of not less than fifty ($50.00) dollars nor more than five hundred ($500.00) dollars, and each day that any violation of any provision of this section shall exist shall constitute a separate offense by the issuance of additional process.
[1]
Editor's Note: Former section 2-42, Redevelopment Advisory Board, previously codified herein, was abolished by Ordinance No. 787-10.
a. 
Purpose. The Board of Commissioners hereby determines that it is in the best interest of the City of Wildwood to adopt an official Claims Form pursuant to the New Jersey Tort Claims Act. N.J.S. 59:8-6 entitled Claim Forms; additional evidence and information; examination provides in pertinent part as follows:
The public entity may by rule or regulations adopt forms specifying information to be contained in claims filed against it or its employee under this act. Such forms shall include the requirements of N.J.S. 59:8-4 of this act and may include such additional information or evidence as (1) written reports of the claimant's attending physicians or dentists setting forth the nature and extent of injury and treatment, any degree of temporary or permanent disability, the prognosis, period of hospitalization, and any diminished earning capacity; (2) a list of claimant's expert witnesses and any of their reports or statements relating to this claim. (3) itemized bills for medical, dental, and hospital expenses incurred, or itemized receipts of payment for such expenses; (4) documentary evidence showing amount of income lost; (5) if future treatment is necessary, a statement of anticipated expenses for such treatment.
In addition, the claimant may be required to submit to a physical or mental examination by a physician employed by the public entity and the claimant may be required to permit a public entity to inspect all appropriate records relating to his claim for liability and damages including, but not limited to, income tax returns, hospital record, medical records and employment records.
The Board of Commissioners of the City of Wildwood have developed an official claim form in compliance with N.J.S. 59:8-6; copy of same is annexed to this section.[1]
[1]
Editor's Note: The claims form referred to herein may be found on file in the office of the city clerk.
b. 
The Board of Commissioners of the City of Wildwood hereby determines it is in the best interest of the City of Wildwood to adopt an official claim form, annexed hereto as Exhibit "A"[2] to be filed by claimants for injuries, among other claims, against the City of Wildwood pursuant to Title 59 of the New Jersey Statutes entitled Claims Against Public Entities.
[2]
Editor's Note: The claims form referred to herein may be found on file in the office of the city clerk.
c. 
Form Adopted. The Board of Commissioners of the City of Wildwood hereby adopts the claim form annexed hereto as Exhibit "A" and made a part of this section which complies with N.J.S. 59:8-6.
d. 
Filing of Form. The Board of Commissioners of the City of Wildwood hereby requires all claimants to file said form within the time period provided by Title 59:8-1 et seq.
The fee for obtaining a certified copy or corrected copy of a vital record (birth, death, marriage and domestic partnership) is hereby established as follows:
a. 
Eight ($8.00) dollars for the first copy or corrected copy of a vital record (birth, death, marriage and domestic partnership).
b. 
Four ($4.00) dollars each for additional copies or corrected copies of a vital record (birth, death, marriage and domestic partnership).
It is the purpose of this section to impose upon developers the costs incurred by the City of Wildwood in updating the municipal tax map/GIS database as a result of the approval of various subdivisions or the creation of any new lots within the City of Wildwood. Said costs are directly related to the development procedure, and thereby the City of Wildwood determines that they should be borne by the developer/applicant for all said subdivisions.
Each applicant and/or developer for any approval which results in the creation of any new lots, revision of any existing lots, and/or other alterations to the tax map/GIS database, shall be responsible for paying all reasonable charges incurred by the City of Wildwood Engineer in updating said tax map/GIS database. These map plates, creation/addition of new tax map plates, appropriate revisions to the key map(s), reprographic services for applicable city, county and state submission copies, as well as any reasonable shipping and handling fees involved.
a. 
Fees.
1. 
General provisions. The purpose of this section is to establish policies and procedures for the collection of fees associated with the performance of marriage or civil union ceremonies by the mayor or deputy mayor.
b. 
General Regulations.
1. 
Collection of fees.
(a) 
Persons seeking to be married or joined in civil union by the mayor or deputy mayor of the City of Wildwood shall remit a fee of one hundred ($100.00) dollars to be paid to the "City of Wildwood." An administrative fee of seventy-five ($75.00) dollars shall be included within the above established fee.
2. 
Compensation and Reimbursement of Expenses Incurred, Through the Performance of Marriage and Civil Union Ceremonies
(a) 
Receipt of Fees. The fee shall be paid by check, payable to the City of Wildwood. Fees collected shall be deposited into the city's current fund.
(b) 
Disbursement of Fees. Fees for service may be disbursed to the mayor or deputy mayor through the appropriate budget line item and with appropriate authorization.
(c) 
Eligible Persons. The City of Wildwood shall reimburse only proper and reasonable expenses incurred directly by and for the mayor. Under no circumstances shall the town reimburse expenses or expenditures on behalf of or because of any spouse, child, guest or other person.
Pursuant to N.J.S. 43:15C-2, the following positions are deemed to be eligible for and shall participate in the Defined Contribution Retirement Program:
a. 
Municipal Business Administrator;
b. 
Department Heads: Water Utility; Sewer Utility; Personnel; Municipal Court Director/Administrator;
c. 
City Solicitor;
d. 
City Engineer;
e. 
City Prosecutor;
f. 
Municipal Court Judge.
Individuals serving in the following positions are exempt from Defined Contribution Retirement Program membership, pursuant to N.J.S. 43:15C-2:
a. 
Certified Health Officer;
b. 
Tax Collector;
c. 
Chief Financial Officer;
d. 
Construction Code Official;
e. 
Qualified Purchasing Agent;
f. 
Tax Assessor;
g. 
Municipal Planner;
h. 
Registered Municipal Clerk;
i. 
Licensed Uniform Subcode Inspector;
j. 
Principal Public Works Manager.
If an individual is appointed to one of the positions listed in subsection 2-47.1 and the individual is not serving in a position as described in subsection 2-47.2 above, the pension certifying officer of the municipality may determine that the individual is not required to join the Defined Contribution Retirement Program if that individual:
a. 
Was an active participant in the Public Employee Retirement System on July 1, 2007 and continuously since that time;
b. 
Has been appointed pursuant to a valid promotional process;
c. 
Is appointed on a temporary, interim, or "acting" basis to a position requiring state certification as set forth in subsection 2-47.2 herein, and is in pursuit of the required certification;
d. 
Meets such other exceptions that may be approved by the Local Finance Board or the Division of Pensions and Benefits.
This section shall be implemented, construed and subject to the aforesaid Chapter 92 of the Laws of 2007 (N.J.S. 43:15C-1 et seq.) as amended from time to time, and any regulations or guidance documents from the Local Finance Board or the Division of Pensions and Benefits.
This section is applicable to any and all city boards, commissions or authorities heretofore established or to be established. Any board, commission or authority operating under the auspices of the City of Wildwood may itself adopt for its own internal operation rules more stringent than those contained herein, but, in all circumstances, this section shall stand as the base minimum such standard.
A member of any board, commission or authority may receive excusal from attendance of a regular or specially called meeting from the chairperson of the board, commission or authority. In the absence of the chairperson, or where the chairperson is to be absent, such request shall be directed to the assistant chairperson. Should it occur that the assistant chairperson is also absent or unavailable, such request shall be directed to the chairperson's or assistant chairperson's designee. Such a request may be in writing or telephonically communicated either prior to the scheduled or specially called meeting or, if there are emergency circumstances, within 24 hours after the scheduled or specially called meeting. In all circumstances, whether the communication is in written or telephonic, the chairperson, assistant chairperson or other designee shall make note of the request, giving the basis for same and indicating whether the request was granted or denied. The granting of the request for an excused absence shall be upon a showing of good cause as determined by the chairperson, assistant chairperson or designee, but, in all circumstances, such permission shall not be unreasonably withheld.
a. 
Upon a showing by the member of extraordinary emergency circumstances, including, but not limited to, serious illness or injury to that member or to a member of his immediate family, the chairperson or assistant chairperson may grant a leave of absence of up to four meetings or three months, whichever is shortest in time. All parties will comply with the recordkeeping procedures defined in excused absence.
b. 
If a further leave of absence is necessary, the member shall seek a hearing before the full board, commission or authority, where a general vote will be taken by the membership at the direction of the chairperson, assistant chairperson or designee as whether the leave of absence should be granted. This additional leave of absence shall also be for an additional two meeting dates or two months, whichever is shorter in time.
c. 
There shall be further leave of absence granted beyond the second such period. A member who is still unable to attend meetings after the granted leave of absence period or periods will be construed to have resigned, thus creating a vacancy, and notification of such will then be forwarded in writing by the chairperson or assistant chairperson to the mayor and board of commissioners for the purpose of appointment an additional person to fill the vacancy.
All absences which are not excused are construed to be unexcused. If a member should accumulate more than three unexcused absences within a six month period of time or five unexcused absences within a twelve month period of time, this shall be construed to be a resignation by that member, thus creating a vacancy. Notification of such will then be forwarded in writing by the chairperson or assistant chairperson to the mayor and board of commissioners for the purpose of appointing an additional person to fill the vacancy.
The City of Wildwood pursuant to N.J.S.A. 40A:21-1 et seq. makes known its intention to utilize the tax exemption and abatement provision authorized by the State legislature to provide five-year exemptions and abatements for residential structures, and commercial projects as defined herein.
As used in this section:
ABATEMENT
Shall mean that portion of the assessed value of a property as it existed prior to construction, improvement or conversion of a building or structure thereon, which is exempted from taxation to this act.
ASSESSOR
Shall mean the officer of a taxing district charged with the duty of assessing real property for the purpose of general taxation.
COMMERCIAL STRUCTURE
Shall mean a structure or part thereof used for the manufacturing, processing or assembling of material or manufactured products, or for research, office, commercial, retail, recreational, hotel or motel facilities, or warehousing purposes, or for any combination thereof, which the board of commissioners determines will tend to maintain or provide gainful employment within the municipality, assist in the economic development of the municipality, maintain or increase the tax base of the municipality and maintain or diversify and expand commerce within the municipality. It shall not include any structure or part thereof used or to be used by any business relocated from another qualifying municipality.
COMPLETION
Shall mean substantially ready for the intended use for which a building or structure is constructed, improved or converted.
CONDOMINIUM
Shall mean a property created or recorded as a condominium pursuant to the "Condominium Act," N.J.S.A. 46:8B-1 et seq.
CONSTRUCTION
Shall mean the provision of a new dwelling, multiple dwelling or commercial or industrial structure, or the enlargement of the volume of an existing multiple dwelling or commercial or industrial structure by more than 30 percent, but shall not mean the conversion of an existing building or structure to another use.
CONVERSION or CONVERSION ALTERATION
Shall mean the alteration or renovation of a nonresidential building or structure, or hotel, motel, motor hotel or guesthouse, in such manner as to convert the building or structure from its previous use to use as a dwelling or multiple dwelling.
COOPERATIVE
Shall mean a housing corporation or association, wherein the holder of a share or membership interest thereof is entitled to possess and occupy for dwelling purposes a house, apartment, or other unit of housing owned by the corporation or association, or to purchase a unit of housing owned by the corporation or association.
COST
Shall mean when used with respect to abatements for dwellings or multiple dwellings, only the cost or fair market value of direct labor and materials used in improving a multiple dwelling, or of converting another building or structure to a multiple dwelling, or of constructing a dwelling, or of converting another building or structure to a dwelling, including any architectural, engineering, and contractor's fees associated therewith, as the owner of the property shall cause to be certified to the board of commissioners by an independent and qualified architect, following the completion of the project.
DWELLING
Shall mean a building or part of a building used, to be used or held for use as a home or residence, including accessory buildings located on the same premises, together with the land upon which such building or buildings are erected and which may be necessary for a fair enjoyment thereof, but shall not mean any building or part of a building, defined as a "multiple dwelling" pursuant to the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1 et seq. A dwelling shall include, as they are separately conveyed to individual owners, individual residences within a cooperative, if purchased separately by the occupants thereof, and individual residences within a horizontal property regime or a condominium, but shall not include "general common elements" or "common elements" of such horizontal property regime or condominium as defined pursuant to the "Horizontal Property Act," N.J.S.A. 46:8A-1 et seq., or the "Condominium Act," N.J.S.A. 46:8B-1 et seq., or of a cooperative, if the residential units are owned separately.
EXEMPTION
Shall mean that portion of the assessor's full and true value of any improvement, conversion, alteration, or construction not regarded as increasing the taxable value of a property pursuant to this act.
HORIZONTAL PROPERTY REGIME
Shall mean a property submitted to a horizontal property regime pursuant to the "Horizontal Property Act," N.J.S.A. 46:8A-1 et seq.
IMPROVEMENT
Shall mean a modernization, rehabilitation, renovation, alteration or repair which produces a physical change in an existing building or structure that improves the safety, sanitation, decency or attractiveness of the building or structure as a place for human habitation or work, and which does not change its permitted use. In the case of a multiple dwelling, it includes only improvements which affect common areas or elements, or three or more dwelling units within the multiple dwelling. In the case of a multiple dwelling or commercial or industrial structure, it shall not include ordinary painting, repairs and replacement of maintenance items, or an enlargement of the volume of an existing structure by more than 30 percent. In no case shall it include the repair of fire or other damage to property for which payment of a claim was received by any person from an insurance company at any time during the three-year period immediately preceding the filing of an application pursuant to this act.
MULTIPLE DWELLING
Shall mean a building or structure meeting the definition of "multiple dwelling" set forth in the "Hotel and Multiple Law," N.J.S.A. 55:13A-1 et seq., and means for the purpose of improvement or construction the "general common elements" and "common elements" of a condominium, a cooperative, or a horizontal property regime.
Owner(s) of new residential structures, owner(s) of improved residential structures, or owner(s) of newly constructed or rehabilitated commercial structures that are located within the boundaries of attachment "A" (on file in the office of the city clerk) are entitled to avail themselves of the opportunity to receive a five-year tax exemption and/or tax abatement as provided in this section when the qualifications are met as follows:
a. 
All real estate taxes must be current;
b. 
Written application to the tax assessor at the same time any application for any land use improvements (planning board/zoning board) are submitted;
c. 
Approval by ordinance of the board of commissioners; and
d. 
Submission by applicant of a certificate of occupancy.
No application for tax exemption and abatement submitted pursuant to this chapter shall be accepted unless it is accompanied by full payment of the required application fee. Such fees shall be in the amount of two hundred fifty ($250.00) dollars for dwellings; and for multiple dwellings and commercial projects the fee shall be two hundred fifty ($250.00) dollars and one thousand ($1,000.00) dollars for all projects whose total project cost is greater than one million ($1,000,000.00) dollars but less than five million ($5,000,000.00) dollars and seven thousand five hundred ($7,500.00) dollars for all other projects. These fees shall be received as compensation for the legal review and related work of the city's departments and agencies. All checks shall be certified and payable to the city. This application fee shall be nonrefundable.
For the exemption from taxation of improvements to dwellings, in determining the value of real property, the municipality shall regard the first twenty-five thousand ($25,000.00) dollars in assessor's full and true value of improvements for each dwelling unit primarily and directly affected by the improvement in any dwelling more than 20 years old, as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased thereby. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements, unless an abatement is granted pursuant to this section, or there is damage to the dwelling through action of the elements sufficient to warrant a reduction.
For any property for which an exemption is granted under the preceding paragraph of this subsection, the ordinance approving said exemption may also provide for the abatement of some portion of the assessed value of the property (including the land) receiving the exemption as it existed immediately prior to the improvement, as provided in and subject to the limitations of N.J.S.A. 40A:21-5(b).
An ordinance authorizing an exemption and/or abatement pursuant to this section need not contain a form of tax agreement, but may instead refer to a form of tax agreement which has been approved by separate ordinance.
If the applicant shall transfer ownership of a dwelling during the term of the applicable tax agreement or if any such transferee shall thereafter again transfer such ownership, the tax agreement, relating thereto shall be deemed to be assigned to and assumed by each such subsequent owner. Accordingly, the abatement and/or exemption shall continue notwithstanding such transfer, and the tax agreement shall remain in effect during the original term thereof. Such continuation shall also apply to any tax agreement relating to a dwelling which has been transferred prior to the effectiveness of the ordinance authorizing this section, provided that the tax assessor has not previously notified either the transferor or the transferee of the lapse of such abatement and/or exemption.
In the case of construction of a multiple dwelling consisting of condominium housing units, commercial properties, or of conversions of other buildings and structures, including unutilized public buildings, to condominium housing use, or both, the owner of such property may apply for an exemption and abatement in respect of such project, stating separately (i) the "common elements" of such condominium as defined pursuant to the "Condominium Act," P.L. 1969, c. 257 (C. 46:8B-1 et seq.) and (ii) each proposed condominium housing unit which is intended to be subsequently conveyed by the applicant to an individual owner thereof (each, an "eligible property"). Such application shall be made in accordance with the provisions of N.J.S.A. 40A:21-9, and upon approval by the board of commissioners of an ordinance authorizing a tax agreement for such project, the applicant (or, if an eligible property shall have been conveyed to an individual owner thereof and the requirements of the following paragraph have been satisfied, such owner) shall, in lieu of full property tax payments on the eligible property, pay to the municipality an amount annually equal to the following percentage of taxes otherwise due:
a. 
In the first full tax year after completion, no payment in lieu of taxes otherwise due on the eligible property;
b. 
In the second tax year, an amount not less than 20 percent of taxes otherwise due on the eligible property;
c. 
In the third tax year, an amount not less than 40 percent of taxes, otherwise due on the eligible property;
d. 
In the fourth tax year, an amount not less than 60 percent of taxes, otherwise due on the eligible property; and
e. 
In the fifth tax year, an amount not less than 80 percent of taxes otherwise due on the eligible property.
If the applicant shall transfer ownership of an eligible property during the term of the applicable tax agreement, or if any transferee shall thereafter again transfer such ownership, the board of commissioners hereby determines that, in the absence of information to the contrary, each such subsequent owner shall continue to use the property pursuant to conditions which qualified the property for its abatement and/or exemption, and the tax agreement relating thereto shall be deemed to be assigned to and assumed by each such subsequent owner. Accordingly, the abatement and/or exemption shall continue notwithstanding such transfer, and the tax agreement shall remain in effect during the original term thereof.
All other provisions of N.J.S.A. 40A:21-8 through N.J.S.A. 40A:21-13 shall be applicable to any exemption and abatement granted pursuant to this section. An ordinance authorizing an exemption and/or abatement pursuant to this section need not contain a form of tax agreement, but may instead refer to a form of tax agreement which has been approved by separate ordinance. Each such tax agreement shall require that the applicant (and any transferee of more than a single eligible property) shall provide written notice to each purchaser of an eligible property as to the existence and details of the exemption and/or abatement provided in the applicable tax agreement, together with instructions as to such actions, if any, such purchaser must take in order to remain entitled to the benefits thereof following such transfer.
Applicants for tax exemption and abatement shall provide the board of commissioners with an application setting forth:
a. 
A general description of a project for which exemption and abatement is sought;
b. 
A legal description of all real estate necessary for the project;
c. 
Plans, drawings and other documents as may be required by the board of commissioners to demonstrate the structure and design of the project;
d. 
A description of the number, classes and type of employees to be employed at the project site within two (2) years of completion of the project;
e. 
A statement of the reasons for seeking tax exemption and abatement on the project, and a description of the benefits to be realized by the applicant if a tax agreement is granted;
f. 
Estimates of the cost of completing such project;
g. 
A statement showing (1) the real property taxes currently being assessed at the project site; (2) estimated tax payments that would be made annually by the applicant on the project during the period of the agreement; and (3) estimated tax payments that would be made by the applicant on the project during the first full year following the termination of the tax agreement;
h. 
If the project is a commercial or industrial structure, a description of any lease agreements between the applicant and proposed users of the project, and a history and description of the users' businesses;
i. 
Such other pertinent information as the City of Wildwood may require.
Each commercial project which has been approved a tax exemption and/or abatement shall be evidenced by a financial agreement between the City of Wildwood and the applicant. The agreement shall be in a form prepared by the applicant and shall contain the representations that are required by this section, together with such other information required by the corporation counsel. The form of the agreement shall be approved by board of commissioners and shall be on file in the office of the city clerk. The agreement shall provide for the applicant to pay to the municipality in lieu of full property tax payments an amount annually to be computed by the formulas as set forth in N.J.S.A. 40A:21-10.
In addition to the payments required in lieu of taxes via subsection 2-49.8 of this section, the owner of property which has qualified for tax exemption and/or tax abatement shall be liable for all real estate taxes assessed and levied against the land on which the qualified property is located, except as such taxes may be abated pursuant to the provisions of this section.
No exemption and abatement shall be granted pursuant to this section with respect to any property for which real estate taxes or other municipal charges are delinquent or remain unpaid, or for which penalties and interest for nonpayment of taxes are due.
The payment in lieu of full property taxes shall be made in quarterly installments according to the same schedule as real property taxes are due and payable. Failure to make these payments shall result in the termination of the exemption or abatement. In addition to the remedy set forth herein, the payment authorized by subsection 2-49.8 of this section shall be enforced in the same manner as is provided for in real property taxes.
The exemption and abatement of real property taxes provided by the City of Wildwood pursuant to this section shall apply to property taxes levied for municipal purposes, school purposes, county/ government purposes, and for the purposes of funding any other property tax exemptions or abatements.
All advertising costs for publishing the ordinance to grant tax exemption or tax abatement to a particular project shall be paid by the applicant.
All projects subject to tax agreements as provided herein shall be subject to all applicable federal, state and local laws and regulations on pollution control, worker safety, discrimination in employment, housing provision, zoning, planning and building code requirements
The division of tax abatement and special taxes shall be responsible to administer the terms of the agreement during the period of the exemption and abatement.
The added assessment provisions of N.J.S.A. 54:4-63.3 and the omitted assessment provisions of N.J.S.A. 54:4-63.20 and N.J.S.A. 54:63-33 shall not be applicable to any property for which the owner-occupant has been granted a tax exemption and/or abatement under this section.
Any property which is granted a tax exemption and/or abatement pursuant to this section shall be subject to an inspection by the City of Wildwood on an annual basis to ensure that such properties are in compliance with all ordinances, regulations, and safety codes of the city. Any property which is determined to be in violation of any ordinance, regulation, and/or safety code of the city, shall be subject to recission by the board of commissioners.
The City of Wildwood Beach Utility Fund is hereby created, effective May 15, 2012, for the purpose of regulating, maintaining and controlling the City of Wildwood's beachfront operations, and keeping and maintaining appropriate records of beach operating and capital expenditures, pursuant to N.J.S.A. 40A:4-1 et seq. Into such fund shall be deposited revenues collected from city-permitted events and activities occurring on city-owned beaches, and paid from such fund shall be all operating and capital expenditures properly attributable to said beachfront operations. The City of Wildwood Beach Utility Fund shall be under the supervision and control of the department of revenue and finance.
As used in this section:
a. 
CAMPAIGN COMMITTEE — Shall mean: (i) every candidate for City of Wildwood elective municipal office; (ii) every candidate committee established by or for the benefit of a candidate for City of Wildwood elective municipal office; (iii) every joint candidate committee established in whole or in part by or for the benefit of a candidate for City of Wildwood elective municipal office; (iv) every political party committee of the City of Wildwood; (v) every political party committee of the County of Cape May; and (vi) every political committee, continuing political committee, or other form of association or organization that regularly engages in the support of candidates for the City of Wildwood municipal or County of Cape May elective offices or City of Wildwood municipal or County of Cape May political parties or political party committees. The terms in the foregoing paragraph have the meaning prescribed in N.J.A.C. 19:25-1.7.
b. 
CONTRIBUTION — Has the meaning prescribed in N.J.A.C. 19:25-1.7. By way of illustration, and not limitation, this definition includes pledges, loans, and in-kind contributions.
c. 
CONTRACT FOR PROFESSIONAL OR EXTRAORDINARY SERVICES — Shall mean all contracts for "professional services" and "extraordinary unspecifiable" as such term is used in N.J.S.A. 40A:11-5.
d. 
BUSINESS ENTITY — For purpose of this section, a "business entity" whose contributions are regulated by this section means: (i) an individual including the individual's spouse, and any child/children; (ii) a firm, corporation, professional corporation, partnership, limited liability company, organization, association, and any other manner and kind of business entity; (iii) any person who owns ten percent or more of the equity or ownership or income interests in a person or entity as defined in sections (i) and (ii) above and their spouses and child/children; (iv) all partners or officers of such an entity, in the aggregate, and their spouses and child/children; (v) any person, subcontractor, subsidiary, corporation, firm, partnership, limited liability company, organization or association who has received or indefeasibly acquire the right to receive, from a person described in subparagraph (i) above, more than one million ($1,000,000.00) dollars in compensation or income of any kind (including, by way of illustration, and not limitation: wages, salaries, sums paid to independent contractors, benefits, dividends, profit-sharing, pension contributions, deferred contributions, stock, stock options or gifts), in any 12 month period prior to the award of, or during the term of, a contract subject to this section; and (vi) all persons who are an "affiliate" of a business entity as defined in sections (i), (ii) and (v) above, as such term is used in 11 U.S.C. 101(2).
a. 
To the extent that it is not inconsistent with state or federal law, the City of Wildwood and any of its departments, instrumentalities or purchasing agents shall not enter into any agreement or otherwise contract to procure "professional services" as such term is defined at N.J.S.A. 40A:11-2(6) and used at N.J.S.A. 40A:11-5(1) (a) (i) and/or banking, insurance or other consulting service (hereinafter "professional services"), nor "extraordinary unspecified services" as such term is defined at N.J.S.A. 40A:11-2(7) and used at N.J.S.A. 40A:11-5 (1) (a) (ii) and/or media, public relations, lobbying, parking garage management or other consulting and/or management services (hereinafter "extraordinary unspecified services") from any business entity if such business entity has solicited or made any contribution to (i) a candidate, candidate committee or joint candidate committee of any candidate for elective municipal office in City of Wildwood or a holder of public office having ultimate responsibility for the award of contract, or (ii) to any City of Wildwood or County of Cape May political committee or political party committee, or (iii) to any continuing political committee or political action committee that regularly engages in the support of City of Wildwood municipal or County of Cape May elections and/or City of Wildwood municipal or County of Cape May candidates, candidate committees, joint candidate committees, political committees, political parties, political party committees, (hereinafter "PAC"), in excess of the thresholds specified in subsection (g) within one calendar year immediately preceding the date of the contract or agreement.
b. 
No business entity who submits a proposal for, enters into negotiations for, or agrees to any contract or agreement with the City of Wildwood or any of its departments or instrumentalities, for the rendition of professional services or extraordinary unspecified services shall knowingly solicit or make any contribution, to (i) a candidate, candidate committee or joint candidates committee of any candidate for elective municipal office in City of Wildwood, or a holder of public office having ultimate responsibility for the award of a contract, or (ii) to any City of Wildwood or County of Cape May political committee or political party committee, or (iii) any PAC between the time of first communication between that business entity and the municipality regarding a specific agreement for professional services or extraordinary unspecified services, and the later of the termination of negotiations or rejection of any proposal, or the completion of the performance or specified time period of that contract or agreement.
c. 
The monetary thresholds of this section are (i) a maximum of $300.00 per calendar year each for any purpose to any candidate or candidate committee for mayor or governing body, or $500.00 per calendar year to any joint candidates committee for mayor or governing body, or $300.00 per calendar year to a political committee or political party committee of the City of Wildwood, (ii) $500.00 maximum per calendar year to a County of Cape May political committee or political party committee; and (iii) $500.00 maximum per calendar year to any PAC. However, for each business entity party to a contract for professional or extraordinary unspecified services as defined in paragraph a., or engaged in negotiations for a contract defined in paragraph a., when such business entity's contribution is aggregated with all "persons" defined in subsection 2-51.2d above, by virtue of their affiliation to that business entity party, a maximum of $2,500.00 to all City of Wildwood candidates, candidate committees, joint candidate committees, and holders of public office having ultimate responsibility for the award of a contract, all City of Wildwood or County of Cape May political committees and political party committees as described herein combined, without violating paragraph a of this subsection.
d. 
For purposes of this subsection, the office that is considered to have ultimate responsibility for the award of the contract shall be (i) the City of Wildwood mayor or governing body, if the contract requires approval or appropriation from the mayor or governing body, or (ii) the mayor of the City of Wildwood, if the contract requires approval of the mayor, or if a public officer who is responsible for the award of a contract is appointed by the mayor.
e. 
Rules Regarding Subcontractors. No person may be awarded a subcontract to perform under a contract subject to this section, if the subcontractor would be disqualified by paragraph a from receiving the contract at the time that the subcontract is awarded. Nor may any person who would be disqualified by paragraph a from receiving the contract perform substantially all of obligations described in a contract for professional or extraordinary services that is subject to this ordinance.
No contribution or solicitation of contributions made prior to the effective date of this section shall be deemed to give rise to a violation of this section. (Section 2-51 was adopted October 10, 2012 by Ordinance No. 938-12.)
No contract subject to this section may be renewed, extended, or materially modified unless the resulting renewal, extension, or modification would be allowable under the provisions of this section if it were an initial contract.
a. 
Prior to awarding any contract or agreement to procure "professional services or extraordinary unspecified services" from any business entity, the City of Wildwood or its purchasing agents and departments, as the case may be, shall receive a sworn statement from said business entity which is the intended recipient of said contract that he/she/it has not made a contribution in violation of subsection 2-51.2. The City of Wildwood, its purchasing agents and departments shall be responsible for informing the commissioners that the aforementioned sworn statement has been received and that the business entity is not in violation of this section, prior to awarding the contract or agreement.
b. 
A business entity shall have a continuing duty to report to the City of Wildwood any contributions that constitute a violation of this section that are made during the negotiation, proposal process or the duration of a contract. The City of Wildwood, its purchasing agents and departments shall be responsible for informing the governing body within ten business days after receipt of said report from the business entity, or at the next commissioners meeting following receipt of said report from the business entity, or whichever comes first.
c. 
The certification required under this subsection shall be made prior to entry into the contract or agreement with the City of Wildwood, or prior to the provision of services of goods, as the case may be, and shall be in addition to any other certifications that may be required by any other provisions of law.
A business entity that is a party to a contract for professional services or extraordinary unspecified services may cure a violation of subsection 2-51.2 if, within 30 days after the date on which the applicable ELEC report is published, said business entity notifies the municipality in writing and seeks and receives reimbursement of the contribution from the recipient of such contribution.
The contribution limitations prior to entering into a contract in subsection 2-51.2a do not apply to contracts which (i) are awarded to the lowest responsible bidder after public advertising for bids and bidding therefor within the meaning of N.J.S.A. 40A:11-4, or (ii) are awarded in the case of emergency under N.J.S.A. 40A:11-6. There is no exemption for contracts awarded pursuant to a "Fair and Open Process" under N.J.S.A. 19:44A-20 et seq.
a. 
It shall be a material breach of the terms of a City of Wildwood agreement or contract for professional services or extraordinary unspecified services when a business entity that is a party to such agreement or contract has: (i) made or solicited a contribution in violation of this section; (ii) knowingly concealed or misrepresented a contribution given or received; (iii) made or solicited contributions through intermediaries for the purpose of concealing or misrepresenting the source of the contribution; (iv) made or solicited any contribution on the condition or with the agreement that it will be recontributed to a candidate committee or joint candidates committee of any candidate for elective municipal office in City of Wildwood, or a holder of public office having ultimate responsibility for the award of a contract, or any City of Wildwood or County of Cape May political committee or political party committee, or any PAC; (v) engaged or employed a lobbyist or consultant with the intent or understanding that such lobbyist or consultant would make or solicit any contribution, which if made or solicited by the professional business entity itself, would subject that entity to the restrictions of this section; (vi) funded contributions made by third parties, including consultants, attorneys, family members, and employees; (vii) engaged in any exchange of contributions to circumvent the intent of this section; or (viii) directly or indirectly, through or by any other person or means, done any act which if done directly would subject that entity to the restrictions of this section.
b. 
Furthermore, any business entity that violates subsection 2-51.8a (i-viii) shall be disqualified from eligibility for future City of Wildwood contracts for a period of four calendar years from the date of the violation.
c. 
Any person who knowingly, purposely, or recklessly violates any provision of this section, or who conspires with another person to violate any provision of this section, or who, with the purpose of promoting or facilitating a violation of this section, solicits another person to commit it, or aids or agrees, or attempts to aid another person in planning or committing it, shall be subject to punishment including fines and/or imprisonment as fixed by law for violations of the ordinances of the City of Wildwood.
In addition to any rights that were heretofore available, or which may hereafter be available, to citizens, taxpayers, or associations, to challenge violations of this section, every person aggrieved by a violation of the section, or any taxpayer or resident of the City of Wildwood has the right, consistent with the Rules of Court, to file charges in a court of competent jurisdiction, and/or to pursue a civil action for a violation of this section in a court of competent jurisdiction, and to seek and obtain declaratory, injunctive, or other legal or equitable relief, including but not limited to, attorney's fees and costs, arising from or related to a violation of this section.
If any provision of this section, or the application of any such provision to any person or circumstances, shall be held invalid, the remainder of this section to the extent it can be given effect, or the application of such provision to persons or circumstances other than those to which it is held invalid shall not be affected thereby, and to this extent the provisions of this section are severable.
The monetary thresholds of subsection 2-51.1d and subsection 2-51.2c, "Definitions" of this section shall be increased effective March 1 of each calendar year by the percentage increase, in the prior calendar year, of the consumer price index for all urban consumers (CPI-U) for the New York-Northern New Jersey-Long Island or Philadelphia region, rounded to the nearest ten ($10.00) dollars. The Clerk of the City of Wildwood shall, by no later than April 1 of each calendar year, prepare and publish the revised thresholds on the official municipal website and in an official municipal newspaper.
All ordinances or parts of ordinances which are inconsistent with any provisions of this section are hereby repealed as to the extent of such inconsistencies. (Section 2-51 was adopted October 10, 2012 by Ord. No. 938-12.)
This section shall become effective 20 days following the final adoption thereof by the Commissioners of the City of Wildwood and shall be published as required by law.
The City of Wildwood is a resort destination that provides various types of recreational programs and activities which require the employment of full-time, part-time and seasonal employees, as well as volunteers. A number of these positions require collection of revenue and contact with the public.
It shall be a requirement of all applicants for employment, and/or volunteer positions, with the city, and/or with any of its agencies, divisions or programs over which it has control, whether full-time, part-time or seasonal, to complete and execute a "Request for Criminal History Record Information for a Noncriminal Justice Purpose" form, to allow a criminal history check to be completed.
All state laws and regulations with regard to requesting the background check be performed by the State Police, informing the applicant of the results and maintaining confidentiality of the results are to be followed.
Disqualification for any position based upon the results of the applicant's criminal history record, subject to verification of that record, will be determined in accordance with law and city policy.
The director of the department of human resources and the city administrator are directed to coordinate with all department heads within the city to develop a policy for the use, as part of the hiring process, of information obtained pursuant to a criminal history check. Such policy, upon approval by the board of commissioners, shall be adopted and made available to the public upon request.