Editor's Note: The Administrative Code provisions previously contained herein were repealed and replaced by Ord.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.
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.
Shall mean a contractual agreement between employer, employees
and a Labor Organization which sets the terms and conditions of employment.
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.
Shall mean an unresolved issue pertaining to employment which
might or might not result in economic action.
Shall mean an organization chartered under Section 2 (5)
of The National Labor Relations Act of 1935.
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.
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.
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.
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.
Shall mean the government of the municipality, including
any officer, department, board, commission, or agency thereof.
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.
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."
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.
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.
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.
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.
[Amended 11-8-2017 by Ord. No. 1093-17]
The tourism development fees are hereby fixed as follows:
|
TYPE
|
FEE
|
|---|---|
|
Amusement games
|
$360
|
|
Amusement ride not subject to 2% or 1.85% tax
|
$360
|
|
Beach concession ice cream sales
|
$220 per concession
|
|
Coin-operated machines
|
$15
|
|
Distributors
|
$575
|
|
Hair/cosmetology sales
|
$95
|
|
Lawn maintenance
|
$295
|
|
Laundry (commercial)
|
$2,995
|
|
Marina, 40 slips or under
|
$400
|
|
Marina, over 40 slips
|
$675
|
|
Parking lot, 40 spaces or under
|
$400
|
|
Parking lot, over 40 spaces
|
$675
|
|
Property rentals (meeting the definition of "tourism lodging"
as set forth in N.J.S.A. 40:54D-3):
| |
|
Apartment/house
|
$175
|
|
Separately assessed unit (condo)
|
$300
|
|
Rooming house
|
$675
|
|
Restaurant/bar, 40 seats or under
|
$400
|
|
Restaurant/bar, over 40 seats
|
$675
|
|
Taxi (company)
|
$450
|
|
Water park
|
$2,995
|
|
All other businesses/retail, up to 1,000 square feet
|
$360
|
|
All other businesses/retail, over 1,000 square feet
|
$360 plus $38.50 for each additional 100 square feet
|
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.
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.
[Added 11-10-2021 by Ord.
No. 1211-21]
The Tourism Improvement and Development District is authorized,
pursuant to N.J.S.A. 40:54D-4(a), to levy taxes upon predominantly
tourism-related retail receipts at a rate of 2%, and to levy a tourism
assessment tax at a rate of 1.85%, for the purpose of increasing public
revenue and to devote the proceeds from said taxes to the purpose
described in said Chapter 165 of the Laws of 1992 as same shall be
amended from time to time.
[Added 11-10-2021 by Ord.
No. 1211-21]
For purposes of this amended ordinance, 'Transient Accommodation', 'Transient
Space Marketplace' and 'Professionally Managed Unit'
shall be defined as set forth in N.J.S.A. 40:54D-3.
[Added 11-10-2021 by Ord.
No. 1211-21]
Collection of the 2% and 1.85% taxes set forth in Subsection 2-26C.1, above, shall be required by all persons making charges for a Transient Accommodation that is obtained through a Transient Space Marketplace or is a Professionally Managed Unit.
[Added 11-10-2021 by Ord.
No. 1211-21]
Charges for the rental of a Transient Accommodation, as set forth in Subsection 2-26C.3, above, are not subject to the tourism-related retail receipts tax of 2% or the tourism assessment tax of 1.85% if: (1) The keys or other means of physical entrance to the property are provided to the lessee at the location of an offsite licensed real estate broker; (2) The occupancy occurs for at least 90 consecutive days (permanent resident exemption); or (3) The occupant is the federal government or the State of New Jersey or any of their agencies or instrumentalities.
[Added 11-10-2021 by Ord.
No. 1211-21]
Any section or provision of the aforementioned ordinances contained
in the preamble to Ordinance No. 1211-22 that is not specifically
altered or amended through this ordinance shall remain in full force
and effect.
[Added 11-10-2021 by Ord.
No. 1211-21]
This ordinance 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.
[Added 11-10-2021 by Ord.
No. 1211-21]
Any person violating any provision of this ordinance shall be
subject to a fine not to exceed $1,000 per violation or imprisonment
for a term not to exceed 90 days, or both.
[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.
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.
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.
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.
[Amended 8-12-2015 by Ord. No. 1036-15; 1-25-2017 by Ord. No. 1062-17]
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
|
$800
|
|
Rate for providing oxygen
|
$100
|
|
Rate for mileage
|
$20 per mile
|
|
Treat and release
|
$100
|
|
Automatic external defibrillation treatment
|
$150
|
|
Naloxone (Narcan)
|
$100
|
|
Epinephrine auto-injector
|
$300
|
|
Continuous Positive Airway Pressure (CPAP)
|
$300
|
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:
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.
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:
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.
[Amended 7-25-2018 by Ord. No. 1116-18]
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:
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.
k.
City Solicitor.
[Added 7-25-2018 by Ord. No. 1116-18]
l.
Municipal
Court Administrator.
[Added 7-25-2018 by Ord. No. 1116-18]
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.
[Amended 8-28-2019 by Ord. No. 1149-19]
The purpose of this section is to use the tax exemption provisions
authorized by Article VIII, Section I, Paragraph 6 of the New Jersey
Constitution and New Jersey Statutes Annotated at 40A:21-1 et seq.,
to promote rehabilitation of existing properties and the construction
of new buildings and structures.
The area in which property may be subject to a tax exemption
is the entire City of Wildwood, as the entire City has been designated,
pursuant to N.J.S.A. 40A:12A-6, as an area in need of rehabilitation.
Terms used in this section shall be defined in accordance with
the definitions found at N.J.S.A. 40A:21-3, including, but not limited
to the following terms:
Substantially ready for intended use for which a building
or structure is constructed, improved or converted.
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%, but shall not mean the conversion of an existing building or
structure to another use.
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.
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 the 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, P.L. 1967, c. 76 (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, P.L. 1963, c.
168 (N.J.S.A. 46:8A-1 et seq.), or Condominium Act, P.L. 1967, c.
257 (N.J.S.A. 46:8B-1 et seq.), or of a cooperative, if the residential
units are owned separately.
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 N.J.S.A. 40A:21-1
et seq. and this section.
A building or structure meeting the definition of "multiple
dwelling" set forth in the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (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.
a.
In any
new construction of a dwelling, multiple dwelling or conversion of
a commercial or industrial structure to dwelling unit(s), in determining
the value of real property, the municipality shall regard 30% of the
assessor's full and true value of the dwelling constructed, or conversion
alterations made, as not increasing the value of the property for
five years, notwithstanding that the value of the property upon which
the construction or conversion occurs is increased thereby.
a.
Exemptions
for improvements to existing dwellings less than 20 years old. In
any dwelling, in determining the value of real property, the municipality
shall regard the first 30% of the assessor's full and true value of
improvements for each dwelling unit primarily and directly affected
by the improvement 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. For the exemption
period, the assessment on the property shall not be less than the
assessment thereon existing immediately prior to the improvements
unless there is damage to the dwelling through action of the elements
sufficient to warrant a reduction.
b.
Exemptions
for improvements to dwellings more than 20 years old. In any dwelling
more than 20 year old, in determining the value of real property,
the municipality shall regard the first $25,000 in the assessor's
full and true value of improvements for each dwelling unit primarily
and directly affected by the improvement 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. For any value of improvements greater than $25,000, the municipality
shall regard the first 30% of the assessor's full and true value of
the improvements for each dwelling unit primarily and directly affected
by the improvement 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. For the exemption
period, the assessment on the property shall not be less than the
assessment thereon existing immediately prior to the improvements,
unless there is damage to the dwelling through action of the elements
sufficient to warrant a reduction.
a.
With regard
to exemptions for improvements to and construction of multiple dwellings
and new commercial or industrial structures, the procedures for entering
into an agreements for an exemption of real property taxes shall be
as follows:
1.
Applicants
for tax exemption shall provide the Board of Commissioners with an
application setting forth:
(a)
A general description of the project for which exemption is sought;
(b)
A legal description of all real estate necessary for the project;
(c)
Plans, drawings and other documents as the Board of Commissioners
may deem necessary 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 years of completion of the
project;
(e)
A statement of the reasons for seeking tax exemption on the project,
and a description of the benefits to be realized by the application
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)
If the project is a multiple dwelling, a description of the number
and types of dwelling units to be provided, a description of the common
elements or general common elements, and a statement of the proposed
initial rentals or sales prices of the dwelling units according to
type and of any rental lease or resale restrictions to apply to the
dwellings' units respecting low- or moderate-income housing;
(j)
Such other pertinent information as the Board of Commissioners may
deem necessary to assess the application.
2.
An agreement
shall provide for the applicant to pay the municipality an annual
payment in lieu of full property tax payments on a tax phase-in basis,
as follows:
(a)
In the first full year after completion, no payment in lieu of taxes
otherwise due for the structure;
(b)
In the second full year after completion, an amount not less than
20% of taxes otherwise due for the improvement;
(c)
In the third full year after completion, an amount not less than
40% of taxes otherwise due for the improvement;
(d)
In the fourth full year after completion, an amount not less than
60% of taxes otherwise due for the improvement;
(e)
In the fifth full year after completion, an amount not less than
80% of taxes otherwise due for the improvement.
3.
All tax
agreements entered into by municipalities shall be in effect for no
more than five full years next following the date of completion of
the project.
4.
All projects
subject to tax agreement 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.
5.
That
percentage which the payment in lieu of taxes for a property bears
to the property tax which would have been paid had an exemption not
been granted for the property under the agreement shall be applied
to the valuation of the property to determine the reduced valuation
of the property to be included in the valuation of the municipality
for determining equalization for county tax apportionment and school
aid during the term of the tax agreements covering the properties,
and at the termination of an agreement for a property the reduced
valuation procedure required under this section shall no longer apply.
6.
Within
30 days after the execution of a tax agreement, the Clerk of the City
of Wildwood shall forward a copy of the agreement to the Director
of the Division of Local Government Services in the Department of
Community Affairs.
7.
If, during
any tax year prior to the termination of the tax agreement, the property
owner ceases to operate or disposes of the property, or fails to meet
the conditions for qualifying, then the tax which would have otherwise
been payable for each tax year shall become due and payable from the
property owner as if no exemption had been granted. The Board of Commissioner
shall notify the property owner and Tax Collector forthwith and the
Tax Collector shall within 15 days thereof notify the owner of the
property of the amount of taxes due.
8.
With
regard to the disposal of the property, where it is determined that
the new owner of the property will continue to use the property pursuant
to the conditions which qualified the property, no tax shall be due,
the exemption shall continue and the agreement shall remain in effect.
9.
At the
termination of the tax agreement, a project shall be subject to all
applicable real property taxes as provided by state law and regulation
and local ordinance; but nothing herein shall prohibit a project,
at the termination of an agreement, from qualifying for an receiving
the full benefits of any other tax preferences provided by law.
Pursuant to N.J.S.A. 40A:21-14, additional improvement, conversion
or construction, completed on a property granted a previous exemption
pursuant to this section during the period in which such a previous
exemption is in effect, shall be qualified for an exemption just as
if such property had not received a previous exemption. In such case,
the additional improvement, conversion or construction shall be considered
as though it was constructed at the time of the original improvement,
conversion or construction, and the exemption shall be recalculated
including the additional improvement for the balance of the time period
of the agreement; or, upon approval of the Board of Commissioners,
may be considered as separate for the purposes of calculating an exemption
pursuant to this section.
Pursuant to N.J.S.A. 40A:21-16, no exemption shall be granted
except upon written application therefor filed with the assessor within
30 days, including Saturday, Sundays and holidays, following completion
of the improvement, conversion, alteration or construction. Every
application for an exemption for a dwelling shall be approved and
allowed by the assessor to the degree the application is consistent
with the provisions of this section. Every application for an exemption
for a multiple dwelling, commercial or industrial structure shall
be considered by the Board of Commissioners and granted for good cause
and in the public's interest.
Pursuant to N.J.S.A. 40A:21-15, no exemption shall be granted
or tax agreement entered into with respect to any property for which
property taxes are delinquent or remain unpaid or for which penalties
for nonpayment of taxes are due.
Pursuant to N.J.S.A. 40A:21-17, the exemption of real property
taxes provided by municipalities 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 exemption or abatements.
Pursuant to N.J.S.A. 40A:21-4, applications for exemptions and
abatements from taxation may be filed pursuant to this section to
take initial effect in the tax year in which this section is adopted,
and for tax years thereafter, but no application for exemptions or
abatements shall be filed for exemptions or abatements to take initial
effect in the eleventh tax year or any tax year occurring thereafter,
unless the section is readopted by the governing body.
Pursuant to N.J.S.A. 40A:21-20, the Tax Assessor shall ensure
the appropriate notice of this section is included in the mailing
of annual property tax bills to each owner of a dwelling located in
the City of Wildwood during the first year following adoption of this
section.
a.
Pursuant
to N.J.S.A. 40A:21-21, the Board of Commissioners shall report, on
or before October 1 of each year, to the Director of the Division
of Local Government Services in the Department of Community Affairs
and to the Director of the Division of Taxation in the Department
of the Treasury the total amount of real property taxes exempted and
the total amount abated within the municipality in the current tax
year for each of the following:
1.
Improvements
to dwellings;
2.
Construction
of dwellings;
3.
Improvement
and conversions of multiple dwellings;
4.
Improvements
of commercial or industrial structures;
5.
Construction
of multiple dwellings under tax agreements; and
6.
Construction
of commercial or industrial structures under tax agreements.
b.
In the
case of Subsection a5 and 6 above, the report shall state instead
the total amount of payments made in lieu of taxes according to each
formula utilized by the municipality, and the difference between that
total amount and the total amount of real property taxes which would
have been paid on the project had the tax agreement not been in effect,
for the current tax year.
If any provision of this section or the application of such
provision to any person or circumstance is declared invalid, such
invalidity shall not affect the other provisions or applications of
this section which can be given effect, and to this end, the provision
of this section are declared to be severable.
This section shall take affect 20 days subsequent to second
reading and final passage. Exemptions may be granted and tax agreements
interred into for the first full tax year commencing after enactment
and for tax years thereafter. Tax agreements entered into pursuant
to this section shall remain in effect despite repeal or expiration
of this section.
This section shall supersede all ordinances in conflict with
same. However, any agreements for tax exemption or abatements approved
pursuant to a prior ordinance shall continue until the expiration
of the term of the agreement, and this section shall have no effect
upon any exemption, abatement or tax agreement previously granted
and in force at the time of adoption.
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.
[1]
Editor's Note: Former § 2-51, Public Contracts (Contractor
Pay-to-Play Ordinance), adopted 10-12-2012 by Ord. No. 938-12, was
repealed 12-31-2014 by Ord. No. 1019-14.
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.
