In accordance with the provisions of R. S. Cu. Supp. 40:49-5.1,
et seq., a code is hereby adopted as a standard governing supplies,
utilities and facilities and other physical things and conditions
essential to make dwellings safe, sanitary and fit for human habitation,
occupancy and use, and governing the condition of dwellings. A copy
of the code is attached to and made a part of this chapter without
the text being included herein.
The code adopted and established by this chapter is commonly
known as the "New Jersey State Housing Code," approved by the Departments
of Health and Conservation and Economic Development, and filed in
the Office of the Secretary of State on July 13, 1962, and is sometimes
referred to in this chapter as the "housing code."
Three copies of the housing code have been placed on file in
the office of the city clerk and shall remain on file there for the
use and examination of the public.
The authority for a municipality to adopt a housing code by
reference is found in R. S. Cu. Supp. 40:49-5.1, et seq.
The provisions of this section shall be enforced by the building
inspector or the housing inspector, or their duly constituted agents
or employees.
a.
In order to insure compliance with the provisions of this section,
the building inspector or the housing inspector, or their agents or
employees, shall have the right to enter and examine any dwelling,
dwelling unit, rooming unit or premises in the city for the purpose
of making inspections between the hours of 9:00 a.m. and 8:00 p.m.
This paragraph shall not be construed to prohibit the building inspector
or the housing inspector, or their agents or employees from entering
any premises at any time when an actual emergency exists which tends
to create a danger to the public health or safety, or at any time
when an inspection is requested by the owner or occupant of the premises.
Upon the presentation of proper identification, the owner, occupant
or person in charge of any dwelling, dwelling unit or rooming unit,
shall give the building inspector or housing inspector, or their agents
or employees free access to the premises for the purpose of inspection.
b.
Every occupant of a dwelling, dwelling unit, rooming unit or premises
shall give the owner of the premises or his agent or employee access
to the premises at all reasonable times for the purpose of making
repairs or alterations which are necessary to comply with the provisions
of this section, or any regulation adopted or lawful order issued
under the authority granted by this section.
In the event that the owner or occupant of any premises refuses
to permit entry for the purpose of inspection, the building inspector
or housing inspector, or their agents or employees may, upon affidavit,
apply to the magistrate of the city for a search warrant, setting
forth that the inspection is part of a regular program of inspections
or that conditions and circumstances exist that provide reasonable
grounds for believing that a violation of this section exists on the
premises. If the magistrate is satisfied as to the matters set forth
in the affidavit, he shall issue a search warrant permitting access
to and inspection of that part of the premises upon which the violation
may exist.
a.
The housing inspector may adopt rules and regulations which interpret
or amplify any provision of this section, or which are necessary for
the proper enforcement of this section, or for the purpose of making
this section more effective. No regulation, however, shall be inconsistent
with, alter or amend any provision of this section, and no regulation
shall impose any requirement which is in addition to or greater than
the requirements that are expressly or by implication imposed by this
section. Rules and regulations shall not be effective until certified
copies thereof are filed with the city clerk. Violations of rules
and regulations shall be subject to the same penalty as other violations
of this section.
b.
The housing or property inspector shall also have the power to adopt
rules and regulations pertaining to the maintenance of trees and shrubs
on private property and in or along the public's right-of-way,
and enforce same consistent with the procedure provided herein.
Whenever the housing inspector determines that there has been
a violation of this section or any rule or regulation adopted under
the authority granted by this section, he shall serve notice of the
violation upon the person responsible. The notice shall be in writing
and shall contain the following:
a.
A description of the real estate affected sufficient to identify
it.
b.
A statement of the reasons why it is being issued.
c.
A provision allowing a reasonable time for the performance of any
act it requires.
d.
A notice that a hearing shall be held by the director of public affairs
and public safety at a time and place indicated in the notice, which
hearing shall not be held less than ten days nor more than 30 days
after service of the notice. The notice shall also advise the person
upon whom it is served that he 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.
e.
A statement that the notice shall automatically become an order for
compliance if the person upon whom the notice is served does not attend
the hearing.
f.
The notice shall contain an outline of the remedial action required
of the owner, occupant or manager, which action is necessary to effect
compliance with the provisions of this section and the rules and regulations
adopted under the authority granted by this section.
Notice shall be served upon the person affected either personally
or by leaving a copy at his usual place of abode in the presence of
a member of the family above the age of 14 years who shall be informed
of the contents of the notice, or by registered mail or certified
mail, return receipt requested, to the person's last known address,
or by any other method authorized by the laws of the State of New
Jersey for the service of processes.
Whenever repairs, alterations, additions or replacements are required for the building or facility, the notice provided for in subsection 14-1.8 shall direct the person in violation to make application to the appropriate municipal authority for the necessary permit.
Any person affected by any notice which has been issued in connection
with the enforcement under any provision of this section, or any rule,
regulation adopted under the authority granted by this section shall
be entitled to a hearing on the matter before the director of public
affairs and public safety as set forth in the notice. The date and
place of the hearing shall be as set by the director unless a petition
is filed with the director by the person or persons named in the notice
requesting a postponement of the hearing date and, in the judgment
of the director, the petitioner has demonstrated good reason for the
request to postpone the hearing date.
The hearing shall be conducted in the manner provided in section 2-16 of this revision. The rules of evidence prevailing in the courts shall not be controlling in any hearing held under the provisions of this section. Within ten days after the hearing, a copy of the written decision of the director of public affairs and public safety shall be served either personally or by registered or certified mail on the person who filed the petition for the hearing. The proceedings at the hearing, including the findings and decision of the director, shall be summarized, reduced to writing and entered as a matter of public record in the office of the city clerk.
After the hearing, the director shall sustain, modify or withdraw
the notice depending on his findings as to whether the provisions
of this section or the rules and regulations adopted under the authority
granted by this section have been violated. The director may also
modify any notice so as to authorize a variation from the provisions
of the New Jersey State Housing Code when, be-cause of special conditions,
a literal enforcement of the provisions of the code will result in
practical difficulties or unnecessary hardship, provided that the
spirit of the code will be observed, the public health and welfare
secured, and substantial justice done.
If the director sustains or modifies the notice, it shall be
an order and the owner, manager or occupant of the premises affected
shall comply with the provisions of the order within a reasonable
period of time as determined by the director and set forth in the
order.
If the owner, manager or occupant of the premises affected by
an order shall fail to comply with an order for compliance within
the time as determined by the director and as set forth in the order,
the director of public affairs and public safety may cause the building
to be repaired, altered, or improved, or vacated and closed, or removed
or demolished by the city.
Whenever the director of public affairs and public safety determines
that an emergency exists which requires immediate action to protect
the public health, safety or welfare, he may, without notice or a
hearing, issue an order reciting the existence of the emergency hand requiring that action be taken which he deems
necessary to meet the emergency. Notwithstanding the other provisions
of this section, an emergency order shall be effective immediately.
Any person to whom an emergency order is directed shall comply with
it immediately, but upon petition to the director of public affairs
and public safety shall be afforded a hearing as soon as possible.
No per-son shall occupy as his living quarters or furnish to
another for occupancy as living quarters, any dwelling, dwelling unit,
rooming unit or premises which does not comply with all the provisions
of the New Jersey State Housing Code.
The provisions of this section shall not in any way impair the
right of the city or its officers or agents to institute at any time
any legal proceedings, actions or prosecutions which are other-wise
permitted by law or ordinance.
The costs of the filing of legal papers, expert witnesses fees,
search fees and advertising charges incurred in the course of any
proceeding under this section, and the cost of any repairs, alterations
or improvements, or vacating and closing, or removing or demolishing
any building or the cost of implementing any emergency order shall
be a municipal lien against the real property for the benefit of which
the cost was incurred. If a building is removed or demolished by the
director of public affairs and public safety, he shall sell the materials
comprising the building. The proceeds of any sale of these materials,
or any sums derived from any contract for the removal or demolition
of the building, shall be credited against the costs incurred by the
city in connection with the building's removal or demolition.
If there are no credits or the total of the costs exceeds the total
of the credits, the detailed statement of costs and the amount due
shall be filed with the city tax assessor or other custodian of the
records or tax liens and a copy shall be sent to the owner by registered
mail. If the total of the credits exceeds the costs, the balance remaining
shall be deposited in the superior court by the director of public
affairs and public safety, shall be secured in a manner that may be
directed by the court and shall be disbursed according to the order
or judgment of the court to the persons found to be entitled to it.
As used in this section:
a.
BUILDING — Shall mean any structure or part of a structure,
whether used for human habitation or not, including any outhouses
or appurtenances belonging to it or usually used in connection with
it.
b.
BUILDING UNFIT FOR HUMAN HABITATION — Shall mean any building in which conditions exist that are dangerous or injurious to the health or safety of the occupants of the building, the occupants of neighboring buildings or other residents of the City. These conditions may include, but shall not be limited to, defects including the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation, disrepair, structural defects of uncleanliness. The New Jersey State Housing Code adopted by § 14-1 and/or the adopted Property Maintenance Code shall be used as a guide in determining the fitness of a building for human habitation or occupancy or use.
[Amended 10-23-2019 by Ord. No. 1150-19]
c.
PARTY IN INTEREST — Shall mean any person who has an interest
of record in a building or who is in actual possession of it.
d.
PUBLIC AUTHORITY — Shall mean any officer who is in charge
of any department of the government of the City of Wildwood relating
to health, fire, building regulations or other activities concerning
buildings.
e.
PUBLIC
OFFICER — Shall mean the City Administrator, who is hereby authorized
to exercise the powers prescribed by this section, or such other official
as may be designated by the resolution of the Board of Commissioners.
[Added 11-8-2017 by Ord. No. 1094-17]
[Amended 11-8-2017 by Ord. No. 1094-17]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the city charging that
any building is unfit for human habitation, or wherever it appears
to the director as a result of his own investigation that any building
is unfit for human habitation, occupancy or use, he shall, if a preliminary
investigation discloses a basis for the charges, issue and serve upon
the parties in interest in the property affected a complaint stating
the charges and containing a notice that a hearing shall be held by
him at a time and place indicated in the notice, which shall not be
less than seven days nor more than 30 days after service of the complaint.
A notice shall also advise the person upon whom it is served that
the owner and parties in interest shall be given the right to file
an answer to the complaint and to appear in person, or otherwise,
and give testimony at the place and time fixed in the complaint; and
that the rules of evidence prevailing in the courts shall not be controlling
in hearings before the public officer.
[Amended 11-8-2017 by Ord. No. 1094-17]
The hearing shall be conducted in accordance with the procedure established by § 2-16 of this revision. The rules of evidence prevailing in the courts shall not be controlling at any hearing held under the provisions of this section. The public officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents or such municipality; such conditions shall be deemed to include the following (without limiting the generality of the foregoing): defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness; or failure to comply with the requirements of the building code or the certificate of occupancy.
[Amended 11-8-2017 by Ord. No. 1094-17]
If, after notice and a hearing, the public officer determines
that the building in question is unfit for human habitation, occupancy
or use, he shall serve upon the parties in interest personally or
by registered mail in the premises a written order reciting his findings
of fact and requiring the owner of the building to repair, alter or
improve it within a reasonable time which shall be set forth in the
order or, at the option of the owner, vacate the building and have
it vacated and closed within the time set forth in the order.
[Amended 11-8-2017 by Ord. No. 1094-17]
If the building is in such a condition as to make it dangerous
to the health and safety of persons on or near the premises and the
owner fails to repair, alter or improve the building within the time
specified in the order, the owner shall be required to remove or demolish
the building within a reasonable time as specified in the order to
remove or demolish.
[Amended 11-8-2017 by Ord. No. 1094-17]
If the owner fails to comply with an order to repair, alter
or improve, or to vacate and close a building, the public officer
may cause the building to be repaired, altered or improved, or to
vacate and close it. Where a building is closed by the public officer,
a notice shall be posted on the main entrance of the building containing
the following words: "This building is unfit for human habitation,
occupancy or use. Use or occupation of this building is prohibited
and unlawful."
[Amended 11-8-2017 by Ord. No. 1094-17]
If the owner fails to comply with an order to remove or demolish
a building, the public officer may cause the building to be removed
or demolished, or make a contract for its removal or demolition, after
advertising and receiving bids in the same manner as for any other
municipal contract.
[Amended 11-8-2017 by Ord. No. 1094-17]
The costs of the filing of legal papers, expert witnesses fees,
search fees and advertising charges incurred in the course of any
proceeding under this section determined in favor of the municipality,
and the cost of any repairs, alterations or improvements, or vacating
and closing, or re-moving or demolishing any building, if any, or
the amount of the balance thereof remaining after deduction of the
sum, if any, realized from the sale of materials derived from such
building or from any contract for removal or demolition thereof, shall
be a municipal lien against the real property for the benefit of which
the cost was incurred. If a building is removed or demolished by the
public officer, he shall sell the materials comprising the building.
The proceeds of any sale of these materials, or any sums derived from
any contract for the removal or demolition of the building, shall
be credited against the costs incurred by the city in connection with
the building's removal or demolition. If there are no credits
or the total of the costs exceeds the total of the credits, the detailed
statement of costs and the amount due shall be filed with the municipal
tax assessor or other custodian of the records of tax liens and a
copy shall be sent to the owner by registered mail. If the total of
the credits exceeds the costs, the balance remaining shall be deposited
in the Superior Court by the public officer, shall be secured in a
manner that may be directed by the court and shall be disbursed according
to the order or judgment of the court to the persons found to be entitled
to it.
[Amended 11-8-2017 by Ord. No. 1094-17]
In order to carry out the provisions of this section, the public
officer shall have the power:
a.
To investigate or cause the investigation of, the condition of buildings
in the city in order to determine which buildings are unfit for human
habitation, occupancy or use.
b.
To administer oaths and affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making an examination,
provided that this is done in a manner that will cause the least possible
inconvenience to the persons in possession.
d.
To appoint any officers, agents or employees which he deems necessary
to carry out the provisions of this section, and to fix their duties.
e.
To delegate
any of his functions and powers under this section so such officers
and agents as he may designate.
f.
In general, to do any act necessary or appropriate to carry out the
provisions of this section.
[Amended 11-8-2017 by Ord. No. 1094-17]
Complaints or orders issued by a public officer pursuant to
this section shall be served either personally or by registered mail,
but if the whereabouts of such persons is unknown and the same cannot
be ascertained by the public officer in the exercise of reasonable
diligence, and the public officer shall make an affidavit to that
effect, then the serving of such complaint or order upon such persons
may be made by publishing the same once in a newspaper printed and
published in the City of Wildwood, or, in the absence of such newspaper,
in one printed and published in Cape May County and circulating in
the City of Wildwood. A copy of such complaint or order shall be posted
in a conspicuous place on premises affected by the complaint. A copy
of such complaint or order shall be duly recorded or lodged for record
with the county recording officer of Cape May County.
[Amended 11-8-2017 by Ord. No. 1094-17]
If an actual an immediate danger to life is posed by the threatened
collapse of any fire damaged or structurally unsafe building, the
public officer may, after taking such measures as may be necessary
to make such building temporarily safe, seek a judgment in summary
proceedings for the demolition thereof.
Former Section 14-3, previously codified herein was deleted
in its entirety by Ordinance No. 992-13.
[Amended 10-23-2019 by Ord. No. 1151-19]
The current edition of the International Property Maintenance
Code published by the International Code Council, Inc., which is currently
the 2018 edition, is hereby adopted as the Property Maintenance Code
of the City of Wildwood, County of Cape May, State of New Jersey for
regulating and governing the conditions and maintenance of all property,
buildings and structures, by providing the standards for supplied
utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for
occupation and use; and the condemnation of buildings and structures
unfit for human occupancy and use, and the demolition of such existing
structures as herein provided; providing for the issuance of permits
and collection of fees therefor; and each and all regulations, provisions,
penalties, conditions and terms of said Property Maintenance Code
on file in the office of the City Clerk are hereby referred to, adopted,
and made a part hereof, as if fully set out in this legislation, with
the additions, insertions, deletions and changes, if any, prescribed
herein. Successor editions of the International Property Maintenance
Code, which are published every three years, shall automatically become
the current edition adopted as the Property Maintenance Code of the
City of Wildwood upon filing same in the office of the City Clerk.
The Property Maintenance Code is amended and revised in the
following respects:
a.
Section 101.1 - Insert: City of Wildwood.
c.
Section 112.4 - Insert: Dollar amount in two locations - $ 100.00
minimum, $ 2,000.00 maximum.
d.
Section 302.4 - Insert: Height in inches - 10"
e.
Section 304.14 - Insert: Dates in two locations - May 1 and October
1.
f.
Section 602.3 - Insert: Dates in two locations - October 15 and April
15
g.
Section 602.4 - Insert: Dates in two locations - October 15 and April
15.
a.
Given
the standards for boarding windows and doors, provided for in Appendix
A of the Uniform Property Maintenance Code, are not mandatory unless
specifically referenced in the Ordinance adopting the Uniform Property
Maintenance Code, those standards for boarding windows and doors are
hereby referenced and specifically adopted by the City of Wildwood
and all buildings boarded up shall comply with those standards.
b.
No commercial
buildings shall be boarded up between the dates of May 1 and October
30 of any calendar year, during which time all exterior surfaces,
including windows, window frames, doors and door frames must be in
good condition. For purposes of this section, housing, whether single-family,
duplex or multifamily, shall be considered residential property and
not subject to this section.
All buildings, lot areas, premises and structures thereon located
within the limits of the City of Wildwood shall be kept in compliance
with the Property Maintenance Code of the City of Wildwood, including
Appendix A.[1]
[1]
Editor's Note: Appendix A is on file in the City offices.
Any owner or tenant of lands lying within the City of Wildwood
who, within 10 days after service of notice of a violation of this
section, fails or neglects to remove or abate said violation in accordance
with said notice shall, upon conviction thereof, be subject to a fine
of not less than $100 and not more than $2,000, or such greater amount
as permitted by N.J.S.A. 40:49-5.
If any owner or tenant of lands lying within the City of Wildwood
shall, within 10 days after service of such notice, fail or neglect
to remove or correct such violation of this section in accordance
with said notice, said removal or correction shall be accomplished
by or under the direction of the Commissioner of Public Works of the
City of Wildwood and he/she shall certify the costs thereof to the
Board of Commissioners, who shall examine the certificate, and, if
found correct, shall cause the cost as shown thereon to be charged
against said lands; the amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form part
of the taxes next to be assessed and levied upon such lands, and the
sane to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as taxes.
The following ordinances pertaining to the Uniform Property
Maintenance Code are hereby repealed: Ord. Nos. 217-88, 265-90, 278-91,
707-07, 896-12, 977-13 and 1052-16. Any other ordinances in conflict
or inconsistent with this section are hereby repealed, to the extent
of such conflict or inconsistency.
Should any section, paragraph, sentence, clause or phrase of
this section be declared unconstitutional or invalid for any reason,
the remaining portions of this section shall not be affected thereby
and shall remain in full force and effect, and to this end, the provisions
of this section are hereby declared to be severable.
This section shall take effect in accordance with law.
No person, whether a tenant or otherwise, shall keep or suffer
any animal, domestic or otherwise, to be kept in any housing unit,
or on the adjacent grounds of any property owned by or under the jurisdiction
of a Public Housing Authority within the City of Wildwood.
Notwithstanding the provisions of subsection 14-6.1 hereof, this section shall not be construed as being applicable to aquarium fish, nor shall such section be applicable to any birds which are kept in cages and which birds are the property of any tenant of a Public Housing Authority of the City of Wildwood as of the effective date of this section.
Any person, partnership, firm or corporation who violates any
subsection of this section shall, upon conviction thereof, be subject
to imprisonment not exceeding 90 days and/or a fine of not less than
one hundred ($100.00) dollars nor more than one thousand ($1,000.00)
dollars.
No person shall sell or transfer title to any dwelling unit
or commercial structure within the confines of the City of Wildwood
until that person has applied to the Code Enforcement Office of the
City of Wildwood for a certificate of permitted continued occupancy
certifying (1) that the property may be continued to be used as a
dwelling unit and/or commercial; (2) the number of units for which
continued occupancy shall be permitted; and (3) that the structure
contained thereon is in compliance with the provisions of the Basic/National
Existing Structure Code as published by Building Officials and Code
Administrators International, Inc., also known as the BOCA Code, and
has obtained from said office an inspection report regarding said
premises.
No person shall purchase or accept title to any dwelling unit
or commercial structure within the confines of the City of Wildwood
until that person has applied to the Code Enforcement Office of the
City of Wildwood for a certificate of permitted continued occupancy
certifying (1) that the property may be continued to be used as a
dwelling unit and/or commercial; (2) the number of units for which
continued occupancy shall be permitted; and (3) that the structure
contained thereon is in compliance with the provisions of the Basic/National
Existing Structure Code as published by Building Officials and Code
Administrators International, Inc., also known as the BOCA Code, and
has obtained from said office an inspection report regarding said
premises.
No person who purchases or accepts title to any dwelling unit
or commercial structure within the confines of the City of Wildwood
shall occupy or permit or authorize the occupancy of said dwelling
unit or commercial structure unless he has obtained from the Code
Enforcement Office of the City of Wildwood a certificate of permitted
continued occupancy. Whenever the property is occupied by a tenant
at the time of sale (.i.e. the date that settlement occurs) and the
rental unit(s) has not passed inspection, said unit or units may continue
to be occupied provided all such repairs or corrections are made within
90 days of the date of settlement unless the nature of the deficiency
and the applicable law under which the inspection is made mandates
a shorter time for repairs, in which event the shorter time shall
govern. In the event that the conditions are not corrected within
such 90 day period or sooner if required by law, the owner and any
tenant occupying the unit shall be deemed in violation of this section
and each and every day that the violation continues thereafter shall
constitute a separate offense.
The requirements set forth in subsection 14-5.1 and subsection
14-5.2 above shall be deemed satisfied if any of the persons or entities
specified therein shall obtain the inspection report or certification.
The requirement of subsection 14-5.3 shall be deemed satisfied if
any of the persons or entities specified therein obtain the required
certification. In the event that none of the persons specified in
subsections 14-5.1 and 14-5.2 above shall obtain the required report
or certification, then each person set forth herein shall be deemed
guilty of a separate and distinct offense. In the event that none
of the persons specified in subsection 14-5.3 above shall obtain the
required certification, then each person set forth herein shall be
deemed guilty of a separate and distinct offense. It shall not be
a defense to this act that any person charged hereunder acted in the
belief that another person or entity was to fulfill the required provisions,
it being the expressed intention of the Board of Commissioners of
the City of Wildwood that all persons involved in the transfer of
real property as specified herein be equally responsible for obtaining
the certification required hereunder.
The fee for the inspection for a certificate of permitted continued
occupancy shall be as follows:
|
Dwelling Units
| |
|---|---|
|
One to five units
|
$95
|
|
Each additional unit
|
$10
|
|
Commercial Structures
| |
|---|---|
|
0 to 1,999 square ft.
|
$100
|
|
2,000 to 4,999 square ft.
|
$125
|
|
5,000 to 9,999 square ft.
|
$150
|
|
10,000 to 14,999 square ft.
|
$175
|
|
Over 15,000 square ft.
|
$200
|
Once the violations set forth in the inspection report have
been abated then a certificate shall be issued without further charges.
It shall be the responsibility of the applicant or applicant's
agent applying for the issuance of a certificate of permitted occupancy,
to submit a survey of the property for purposes of calculating the
fee. This shall be done prior to the inspection. Should the applicant
or applicant's agent fail to submit a survey, with regard to
commercial structures, then the fee for commercial structures shall
be the maximum, to wit: two hundred ($200.00) dollars.
Before a certificate of permitted continued occupancy shall
be issued, a code enforcement officer shall make an inspection of
the premises to determine whether certificate may or may not be issued.
A code enforcement officer shall ascertain if there are any violations
of the various Uniform Commercial Code subcodes as well as the Basic/National
Existing Structures Code (BOCA Code). The inspection shall remain
viable for a period of 180 days. In the event the repairs are not
made and a certificate obtained within that time then a new inspection
must be conducted; a new fee will be charged in such event.
Applications for a certificate of permitted continued occupancy
shall be submitted to the Construction Official of the City of Wildwood
and once the application has been received by the construction official,
the certificate indicating whether the present use may or may not
be continued shall be issued within ten business days of the receipt
of said application.
Each certificate of permitted continued occupancy shall remain
valid for a period of 365 days or until the resale of the subject
premises, whichever occurs first.
The following transfers shall be exempt from the requirements
of this section:
a.
New construction, provided that the original certificate of occupancy
was issued within 24 months of the initial transfer. Resale of dwelling
units otherwise qualifying as new construction shall not be exempt
from the provisions of this section.
b.
Transfer exempt from realty transfer fee (N.J.A.C. 18:16-5.1).
Any person who violates any subsection of this section shall,
upon conviction thereof, be subject to imprisonment not exceeding
90 days and/or a fine of not less than one hundred ($100.00) dollars
nor more than one thousand ($1,000.00) dollars.
The exterior of all commercial and residential buildings, lot
areas, premises and all structures thereon, located within the limits
of the City of Wildwood, shall be kept free of all nuisances and any
hazards to the safety of occupants, pedestrians and other persons
utilizing or residing within the vicinity of said commercial or residential
building or premise, and free of unsanitary conditions. Any of the
foregoing shall be promptly removed and abated by the owner, operator,
occupant or resident. It shall be the duty of the owner, operator,
occupant or resident to keep the premises free of hazards which include,
but are not limited to, the following:
a.
Refuse. Broken glass, filth, garbage, trash, litter and debris.
b.
Natural Growth. Brush, overgrown lawn, weeds, ragweeds, hedges, plant
life, stumps, root and obnoxious growths, dead and dying trees and
limbs or other natural growth which, by reason of rotting or deteriorating
conditions or storm damage, constituting a hazard to persons in the
vicinity thereof. Trees shall be kept pruned and trimmed to prevent
such conditions.
c.
Overhangings. Loose and overhanging objects and accumulations of
ice and snow which, by reason of location above ground level, constitute
danger of falling on persons in the vicinity thereof.
d.
Ground Surface Hazards or Unsanitary Conditions. Holes, broken or
missing pavement, loose stone, excavations, breaks, projections, obstructions,
ice, uncleared snow and excretion of pets and other animals on paths,
walks, driveways, parking lots and parking areas and other parts of
the premises which are accessible to and used by persons on the premises.
e.
Sources of infestation.
f.
All commercial and residential premises shall be landscaped and lawns,
hedges, and bushes shall be kept trimmed and kept from becoming overgrown,
trees, shrubs and other planting shall be replaced when the same have
fallen or died.
Whenever it shall be necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, the superintendent of public works shall issue, to the owner or tenant of lands lying within the City of Wildwood who has failed to comply with the provisions of subsection 14-8.1 above, a notice to remove and abate the violations of same.
The notice required in subsection 14-8.2, "Duty to Remove or Abate," shall be addressed to the owner or tenant of such lands, shall contain a description of the location of such lands, a list of the violations, and shall advise the owner or tenant of such lands that, if he fails to comply within the time required, he shall be subject to a penalty, and further that, upon his failure to comply, the removal will be accomplished by and under the direction of the Superintendent of Public Works of the City of Wildwood and the cost thereof shall be assessed against such lands and collected in the same manner as the taxes. If the person or corporation to whom such notice is addressed cannot be served with such notice within the City of Wildwood, such notice may be served by registered mail addressed to the last known address of such person or corporation.
Any owner or tenant of lands lying within the City of Wildwood
who within ten days after the service of such a notice, fails or neglects
to remove or abate the violations in accordance with said notice shall,
upon conviction thereof, forfeit and pay a fine of not less than one
hundred ($100.00) dollars and not more than one thousand ($1,000.00)
dollars and shall be subject to imprisonment not to exceed 90 days.
Additionally, if any owner or tenant of lands lying within the
City of Wildwood shall, within ten days after service of such notice,
fail or neglect to remove in accordance with said notice, said removal
shall be accomplished by or under the direction of the Superintendent
of Public Works of the City of Wildwood, and he shall certify the
cost thereof to the board of commissioners, who shall examine the
certificate, and, if found correct, shall cause the cost as shown
thereon to be charged against said lands; the amount so charged shall
forthwith become a lien upon such lands and shall be added to and
become and from part of the taxes next to be assessed and levied upon
such lands, and the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
The superintendent of public works is empowered and authorized
to enforce the provisions of this section, including the issuance
and service of correction notices and the issuance and service of
summonses for failure to comply with the provisions of this section.
That if any section, subsection, sentence, clause or phrase
of this legislation is, for any reason, held to be unconstitutional,
such decision shall not affect the validity of the remaining portions
of this section.
Nothing in this legislation or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court, or any rights acquired, or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed of this law, nor shall any just or legal
right or remedy of any character be lost, impaired or affected by
this legislation.
[Adopted 4-22-2015 by Ord. No. 1028-15]
This section shall be known as the "Vacant Property Registration
and Responsibility Ordinance."
For purposes of this section, the following terms are defined
as set forth herein:
Shall include the title holder, any agent of the title holder
having authority to act with respect to a vacant property, any foreclosing
entity that has filed a notice with the municipal clerk pursuant to
the provisions of N.J.S.A. 46:10B-51(P.L. 2008, c. 127, Sec. 17 as
amended by P.L. 2009, c. 296), or any other person or entity determined
by the public officer of the City of Wildwood to have authority to
act with respect to the property.
That City official(s) responsible for enforcement of the
Property Code of the City of Wildwood.
Any building or structure which is not at present legally
occupied or at which all lawful business or construction operations
or residential or other occupancy have substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair or rehabilitation, including but not limited to any property
meeting the definition of abandoned property in N.J.S.A. 55:19-54
and N.J.S.A. 55:19-78, et seq.; provided, however, that any habitable
property where all building systems are in sound working order, where
the building and grounds are maintained in good condition, and which
is being actively marketed by its owner for sale or rental, shall
not be deemed a vacant property for purposes of this section.
The public officer shall maintain a list of vacant properties
in the City of Wildwood, designating the block and lot numbers, address
and name, street address, email and phone number of the owner of record,
the authorized agent for receiving notices of code violations and
receiving process in any court proceeding or administrative enforcement
proceeding on behalf of the such owner and the firm or individual
responsible for maintaining the property, and the date upon which
the property became vacant, to the extent known. Each property having
a separate tax block and lot number shall be registered separately.
a.
The owner
of any vacant property as defined herein shall, within 30 days after
the building becomes vacant or within 30 days after assuming ownership
of the vacant property, whichever is later; or within 10 days of receipt
of notice by the municipality, file a registration statement for such
vacant property with the public officer on forms provided for that
purpose by the public officer along with any fee required by this
section. Failure to receive notice by the municipality shall not constitute
grounds for failing to register the property.
b.
Each property
having a separate tax block and lot number shall be registered separately.
c.
The registration
shall include the information required on the form provided by the
public officer and the registration certificate evidencing liability
insurance as required by this section.
d.
The registration
shall remain valid for one year from the date of registration. The
owner shall be required to renew the registration annually as long
as the building remains vacant property and shall pay a registration
or renewal fee as per this section for each vacant property registered.
e.
The public
officer may choose, for purposes of efficient administration, all
registrations be renewed by a single date each year, in which case
the initial registration fee shall be prorated for registration statement
received less than 10 months prior to that date.
f.
Any owner
of vacant property who plans to restore the property to productive
use and occupancy during the twelve-month period following the date
of the initial registration of the property shall file a detailed
statement of the owner's plans for restoration of the property with
the registration statement and shall be exempt from payment of the
registration fee, but shall comply with all other provisions of this
section. In the event that the property has not been restored to productive
use and occupancy at the end of the twelve-month period, the owner
shall be liable for any fee waived. The public officer may extend
the waiver of the registration fee for not more than one additional
year in response to a written request by the property owner where
the municipal officer finds that compelling conditions outside the
owner's control made it impossible for the owner to restore the property
within the twelve-month period.
g.
The owner
shall notify the municipal officer within 30 days of any change in
the registration information by filing an amended registration statement
on a form provided by the municipal officer for such purpose.
h.
The registration
statement shall be deemed prima facie proof of the statement contained
therein in an administrative enforcement proceeding or court proceeding
instituted by the City against the owner or owners of the building.
[Amended 4-26-2017 by Ord. No. 1070-17]
The initial registration fee for each building shall be $500.
The fee for the first annual renewal is $750; for the second annual
and any subsequent renewal is $1,000.
At any time after filing a registration statement or a renewal
of a registration statement, the owner of any vacant property shall
provide access to the City to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or the designated agent.
The owner of any vacant property shall acquire or otherwise
maintain liability insurance, in an amount of not less than $300,000
for buildings designed primarily for one- to four-unit residential
use and not less than $1,000,000 for any other building, including,
but not limited to, building designed for multifamily, manufacturing,
storage or commercial uses, covering any damage to any person or any
property caused by any physical condition of or in the building. Any
insurance policy acquired or renewed after the building has become
vacant shall provide for written notice to the municipal officer within
30 days of any lapse, cancellation or change in coverage. The owner
shall attach evidence of the insurance to the owner's registration
statement. Any registration statement submitted that does not include
such evidence shall not be deemed to be a valid registration.
The owner of any building that is or has become vacant shall,
within 30 days thereof:
a.
Enclose
and secure the building against unauthorized entry as provided in
the applicable provisions of the City Code or as set forth in the
rules and regulations supplementing those codes; and
b.
Ensure
the exterior grounds of the structure, including yards, fences, sidewalks,
walkways, rights-of-way, alleys, retaining walls, attached or unattached
accessory structures, and driveways, are well-maintained and free
from trash, debris, loose litter, and grass and weed growth; and
c.
Continue
to maintain the structure in a secure and closed condition and keep
the grounds in a clean and well-maintained condition.
Any owner who violates any provision of this section shall be
fined not less than $500 and not more than $1,000 for each offense.
Every day that a violation continues shall constitute a separate and
distinct offense. Fines assessed under this section shall be recoverable
from the owner and shall be a lien on the property.
Pursuant to N.J.S.A. 40:48-2.12s, the creditor filing a summons
and complaint in an action to foreclose on a property shall be responsible
for the care, maintenance, security, and upkeep of the exterior of
the vacant and abandoned residential property, and if located out-of-state,
shall be responsible for appointing an in-state representative or
agent to act for the foreclosing creditor.
Any local official responsible for administration of any property
maintenance or public nuisance code may issue a notice to the creditor
filing the summons and complaint in an action to foreclose, if the
official determines that the creditor has violated the ordinance by
failing to provide for the care, maintenance, security, and upkeep
of the exterior of the property. Such notice shall require the person
or entity to correct the violation within 30 days of receipt of the
notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
An out-of-state creditor shall include the full name and contact
information of the in-state representative or agent in the notice
required to be filed with the City Clerk pursuant to Paragraph (1)
of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51).
An out-of-state creditor which fails to appoint an in-state
representative or agent shall be subject to a fine of $2,500 for each
day of the violation. Any fines imposed on a creditor for the failure
to appoint an in-state representative or agent shall commence on the
day after the ten-day period set forth in Paragraph (1) of Subsection
a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) for providing
notice to the municipal clerk that a summons and complaint in an action
to foreclose on a mortgage has been served.
In the event no person is identified as the in-state agent,
the local official is authorized to issue a summons pursuant to this
section to the president or vice president of the bank or creditor.
A creditor who fails to correct a care, maintenance, security,
or upkeep violation cited in a notice issued pursuant to this section
shall be subject to a fine of $1,500 for each day of the violation.
Any fines imposed pursuant to this subsection shall commence 31 days
following receipt of the notice, except if the violation presents
an imminent risk to public health and safety, in which case any fines
shall commence 11 days following receipt of the notice.
No less than 20% of any money collected pursuant to this section
shall be utilized by the municipality for municipal code enforcement
purposes.
If any provision herein shall be found to be unenforceable by
reason of law, then it shall be severed from the remainder of this
section with the remainder remaining in full force and effect.
This section shall become effective 20 days from final passage
into law.
