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.
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; amended 4-26-2017 by Ord. No. 1070-17; repealed and replaced 2-12-2025 by Ord. No. 1317-25]
[Added 2-12-2025 by Ord. No. 1317-25]
This section shall be known as the "vacant and abandoned property."
[Added 2-12-2025 by Ord. No. 1317-25]
As used in this section, the following terms shall have the meanings indicated:
Any real property located in the City of Wildwood, whether vacant or occupied, that a complaint and summons has been filed with respect to foreclosure on a mortgage, has had a lis pendens filed against it by the lender holding a mortgage on the property, is subject to an ongoing foreclosure action by the lender, is subject to an application for a tax deed or pending tax assessors lien sale, or has been transferred to the lender under a deed in lieu of foreclosure. The designation of a property as "abandoned" shall remain in place until such time as the property is sold or transferred to a new owner, the foreclosure action has been dismissed, and any default on the mortgage has been cured.
Any building or structure or part thereof used and occupied for human habitation or intended to be so used, including any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
Includes the titleholder, any agent of the titleholder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127 § 17, as amended by P.L. 2009, c. 296), or any other entity determined by the City to have authority to act with respect to the property.
The official who is charged with the administration and enforcement of this code, or any duly authorized representative, including but not limited to Code Enforcement Officer, Zoning Officer, Construction Official, and Business Administrator.
Any residential or commercial building in the City of Wildwood which is not legally occupied by a mortgagor or tenant, which is in such condition that it cannot be legally reoccupied, and at which at least two of the following conditions exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on the property;
Disconnected gas, electric, or water utility services to the property;
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
Statements of neighbors, delivery persons, or government employees indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or closed off, or multiple windowpanes that are damaged, broken, and unrepaired;
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any adjoining or adjacent property owners due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property;
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied;
A written statement issued by a mortgagor expressing the clear intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
For the purposes of this section, a residential property shall not be considered vacant and abandoned if, on the property:
There is an unoccupied building which is undergoing construction, renovation, or rehabilitation that is proceeding diligently to completion, and the building is in compliance with all applicable ordinances, codes, regulations, and statutes;
There is a building occupied on a seasonal basis, but otherwise secure; or
There is a building that is secure, but is the subject of a probate action, action to quiet title, or other ownership dispute.
[Added 2-12-2025 by Ord. No. 1317-25]
The Public Officer shall maintain a list of vacant and abandoned properties in the City of Wildwood, as described herein. The owner of any vacant and abandoned property as defined herein shall, within 30 calendar days after the building becomes vacant and abandoned property or within 30 calendar days after assuming ownership of the vacant property, whichever is later, or within 10 calendar days of receipt of notice by the City, file a registration statement for such vacant property with Public Officer on forms provided by the City. The owners of property that is vacant and abandoned on the effective date of this section shall have 30 days to register that property as set forth herein. Failure to receive notice by the municipality shall not constitute grounds for failing register the property.
a.
Each property having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b.
The registration statement shall include the name, street address, telephone number, and e-mail address (if applicable) of a person 21 years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners, in connection with the enforcement of any applicable code; and the name, street address, telephone number, and e-mail address (if applicable) of the firm and the actual name(s) of the firm's individual principal(s) responsible for maintaining the property. The individual or representative of the firm responsible for maintaining the property shall be available by telephone or in person on a 24-hour-per-day, seven-day-per-week basis. The two entities may be the same or different persons. Both entities shown on the statement must reside or maintain offices in the State of New Jersey.
c.
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 a vacant property and shall pay a registration or renewal fee in the amount prescribed in the fee schedule of this section for each vacant property registered.
d.
The annual renewal shall be completed within 15 days of the prior year's registration form's expiration date. A notice and invoice will be sent 30 days in advance of the renewal due date.
e.
The owner shall notify the Public Officer within 30 days of any change in the registration information by filing an amended registration statement.
f.
The registration statement shall be deemed prima facie proof of the statements contained therein in any administrative enforcement or court proceeding instituted by the City against the building owner.
[Added 2-12-2025 by Ord. No. 1317-25]
A nonrefundable annual registration fee of $500.00 shall accompany each registration; and an additional $2,000.00 per property annually if the property is vacant or abandoned as defined herein when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned at any time thereafter while the property is in foreclosure.
[Added 2-12-2025 by Ord. No. 1317-25]
The owner of any vacant property registered under this section shall provide access to the City to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. to 4:00 p.m., or such other time as may be mutually agreed upon between the owner and the City.
[Added 2-12-2025 by Ord. No. 1317-25]
The owner of any vacant property shall acquire or otherwise maintain liability insurance, in amount not less than $300,000.00 for buildings designed primarily for one to four unit residential use and not less than $1,000,000.00 for any other building, including, but not limited to, a 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 written notice to the Public 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.
[Added 2-12-2025 by Ord. No. 1317-25]
The owner of any building that has become vacant, and any person operating or collecting rent for such building, shall, within 30 days thereof:
a.
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the City Code, as amended and supplemented.
b.
Post a sign on the building indicating the name, address and telephone number of the owner and/or the owner's agent for the purpose of service of process, as well as the name, address and phone number of the person responsible for day-to-day management of the building. The sign shall be at least eight inches by 10 inches in size and shall be legible from the nearest street or sidewalk.
c.
Secure the building and maintain the sign until the building is again legally occupied or demolished, or repair is complete.
d.
Ensure that the exterior grounds of the structure, including yards, fences, sideways, walkways, rights-of-way, alleys, retaining walls, attached or unattached structures, and any driveways are well maintained and free from trash debris, litter and grass and weed growth.
[Added 2-12-2025 by Ord. No. 1317-25]
a.
An owner may designate an agent or individual responsible for maintaining the property.
b.
By designating an authorized agent under this section, the owner agrees that service on the agent of any notices of code violations and all process concerning the registered vacant property constitutes service on the owner. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the City in writing of a change of authorized agent or until the owner files a new annual registration statement.
c.
Any owner who fails to register vacant property under this section shall be deemed to consent to service of notices or process by the posting of same in plain view on the building or by regular and certified mail service at the owner's last known address on record with the City.
[Added 2-12-2025 by Ord. No. 1317-25]
a.
A creditor filing a summons and complaint in an action to foreclose on any vacant and abandoned property shall be responsible to register in accordance with the provisions set forth herein.
b.
A creditor filing a summons and complaint in an action to foreclose on any property shall, within 10 days after serving a summons and complaint, notify the Mayor and City Clerk that said action has been filed against the subject property. The notice shall contain the full name, address and telephone number for the representative of the creditor responsible for receiving complaints of property maintenance and code violations as well as the representative responsible for any care, maintenance, security or upkeep of the property.
c.
A creditor filing a summons and complaint to foreclose on any property that is, or becomes, vacant and abandoned, shall bear those responsibilities of the owner as set forth in Subsection 14-9.8.
d.
For a creditor who has served a summons and complaint in an action to foreclose on a commercial property that is located out-of-state, the notice shall also contain the full name, address, and telephone number of an in-state representative or agent who shall be responsible for the care, maintenance, security and upkeep of the exterior of the property if it becomes vacant.
e.
If there is any change in the name, address, or telephone number for a representative, agent, or individual authorized to accept service on behalf of a creditor required to be provided in a notice issued by a creditor pursuant to this section, the creditor shall be responsible for providing a notice to the City Clerk and/or Public Officer with the updated information within 10 days of the change.
f.
A creditor who fails to maintain the property in accordance with applicable City Code and as set forth herein shall be liable for any such violations or penalties as may be imposed on the property owner by law. In the event any properly noticed violations are not cured, the City may elect to abate any nuisance and/or correct any violation giving rise to the same and impose a lien pursuant to N.J.S.A. 55:19-100.
g.
A creditor that has initiated a foreclosure proceeding on a commercial property is required to provide the municipality with a listing of all commercial properties in the municipality for which the creditor has foreclosure actions pending within 30 days of said filing.
[Added 2-12-2025 by Ord. No. 1317-25]
a.
Notice to person responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that violation has occurred, notice shall be given in the manner prescribed to the person(s) and/or entity responsible as set forth herein.
b.
Said notice shall be in writing and, include a description of the real estate sufficient for identification, include a statement of the violation or violations and why the notice is being issued, include a correction order allowing a reasonable time to make the repairs and improvements required to bring the dwelling unit or structure into compliance with the provisions of this code and inform the property owner of the right to appeal.
c.
Said notice shall be deemed to be properly served if a copy thereof is delivered personally or sent by certified or first-class mail addressed to the last known address. If the notice is returned showing that the letter was not delivered, a copy thereof is posted in a conspicuous place in or about the structure affected by such notice.
d.
Unauthorized tampering. Signs, tags or seals posted or affixed by the Public Officer shall not be mutilated, destroyed or tampered with, or removed without authorization from the code official.
e.
Transfer of ownership. It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the Public Officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation. If any such transfer by an owner does occur, then the new owner takes such title and the property subject to the compliance order, notice of violation, and/or Municipal Court complaints, and any other legal or administrative actions, and shall be deemed to be the responsible party in any action and in any venue, and shall be responsible for satisfying all other penalties and conditions, monetary or otherwise.
[Added 2-12-2025 by Ord. No. 1317-25]
a.
Failure to file a registration statement within 30 calendar days after a building becomes vacant property or within 30 calendar days after assuming ownership of a vacant property, whichever is later, or within 10 calendar days of receipt of notice by the municipality; failure to provide correct information on the registration statement; or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this section.
b.
Any creditor found by the City of Wildwood Municipal Court or other court of competent jurisdiction, to have who violated any of the provisions herein, except those provisions regarding the appointment of an agent for out-of-state creditor, shall be subject to a fine of $1,500.00 for each day of the violation. Any fines imposed pursuant to this subsection shall commence 31 days after receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which any fines shall commence 11 days following receipt of the notice.
c.
An out-of-state creditor found by the City of Wildwood Municipal Court to have failed to appoint an in-state representative or agent shall be subject to a fine of $2,500.00 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 10-day period as set forth herein for providing notice to the City Clerk or Public Officer that a summons and complaint in an action to foreclose has been served.
[Added 2-12-2025 by Ord. No. 1317-25]
No less than 20% of the any money collected pursuant to this section shall be utilized by the municipality for municipal code enforcement purposes.
[Amended 4-10-2024 by Ord. No. 1288-24; 5-14-2025 by Ord. No. 1327-25; amended in its entirety 2-11-2026 by Ord. No. 1344-26]
[Added 2-11-2026 by Ord. No. 1344-26]
A sample collected by wiping a representative surface and tested in accordance with a method approved by the United States Department of Housing and Urban Development and as conducted pursuant to N.J.A.C. 5:28A-2.3.
Measures designed to permanently eliminate lead-based paint hazards in accordance with standards established by the Commissioner of Community Affairs in compliance with standards promulgated by the appropriate federal agencies.
Any condition that causes exposure to lead from lead-contaminated dust or soil or lead-contaminated paint that is deteriorated or present in surfaces that would result in adverse human health effects.
A person certified by the New Jersey Department of Community Affairs to perform lead inspection and risk assessment work pursuant to N.J.A.C. 5:17-1.1 et seq. This includes the ability to perform dust wipe sampling.
A certificate issued by a New Jersey certified Lead Abatement contractor confirming that there is no lead-based paint and/or that the dwelling has undergone lead abatement in accordance with N.J.A.C. 5:17. Valid for the life of the building.
A certificate issued by a New Jersey certified Lead Evaluation contractor confirming that a periodic inspection required by P.L. 2021, c.182 was performed and no lead-based paint hazards were found. Valid for two years from date of issuance.
The time at which all existing occupants vacate a dwelling unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface dust, debris, or residue.
[Added 2-11-2026 by Ord. No. 1344-26]
a.
A lead evaluation contractor retained by the City shall inspect every single-family, two-family, or multiple rental dwelling located in the City of Wildwood for lead-based paint hazards through visual assessment and dust wipe sampling in accordance with N.J.S.A. 52:27D-437 et seq., as may be amended from time to time.
b.
In lieu of having the dwelling inspected by the City's lead evaluation contractor, the property owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to perform the lead-based paint inspection in accordance with N.J.S.A. 52:27D-437 et seq., as may be amended from time to time.
c.
In accordance with N.J.S.A. 52:27D-437.16(c), a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
1.
Has been certified to be free of lead-based paint (Lead-free Certification);
2.
Was constructed during or after 1978;
3.
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L. 1967, c.76 (N.J.S.A. 55:13A-1 et seq.);
4.
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
5.
Has a valid lead-safe certification.
d.
The owner, landlord, and/or agent of every single-family, two-family, or multiple rental dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
e.
If lead-based paint hazards are identified, then the owner, landlord, and/or agent of the dwelling shall remediate the lead-based paint hazard using lead abatement or lead-based control methods in accordance with N.J.S.A. 52:27D-437.16(d). Upon the remediation of the lead-based paint hazard, the City's lead evaluation contractor, or the owner's private lead evaluation contractor, shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
f.
If no lead-based paint hazards are identified, then the City's lead evaluation contractor, or the owner's private lead evaluation contractor, shall certify the dwelling as lead-safe on a form prescribed by the Department of Community Affairs, which shall be valid for two years.
g.
Pursuant to N.J.S.A. 52:27D-437.16(e), property owners shall:
1.
Provide evidence of valid lead-safe certification and the most recent tenant turnover at the time of the cyclical inspection.
2.
Provide evidence of a valid lead-safe certification to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by a lead evaluation contractor or permanent local agency pursuant to subsection 14-10.2c.
3.
Maintain records of lead-safe certification which shall include name(s) of the unit's tenant(s), if inspection was conducted during a period of tenancy.
[Added 2-11-2026 by Ord. No. 1344-26]
a.
The fees for a visual inspection and/or dust wipe sampling inspection performed by the City's lead evaluation contractor shall be designated by resolution annually and paid directly to the lead evaluation contractor.
b.
In accordance with N.J.S.A. 52:27D-437.16(h), a fee of $20.00 per dwelling unit inspected by the City's lead evaluation contractor or the owner's private lead evaluation contractor shall be addressed for the purpose of the Lead Hazard Control Assistance Act, unless the owner demonstrates that the Department of Community Affairs has already assessed an additional inspection fee of $20.00. The fees collected pursuant to this subsection shall be deposited into the Lead Hazard Control Assistance Fund.
c.
In a common interest community, any inspection fee charged pursuant to this subsection shall be the responsibility of the unit owner and not the homeowners' association, unless the association is the owner of the unit.
d.
As listed in the fee ordinance.
[Added 2-11-2026 by Ord. No. 1344-26]
Penalties for violation of the section shall be as follows:
a.
If a property owner has failed to conduct the required inspection or initiate any remediation as required by N.J.S.A. 52:27D-437 et. seq. the owner shall have 30 days to cure the violation.
b.
If a property owner fails to cure the violation after 30 days, the property owner shall be subject to a penalty not to exceed $1,000.00 per week plus the City's reasonable court costs until the required inspection has been conducted or remediation efforts have been initiated. The City shall be authorized to conduct investigations and issue penalties to enforce a property owner's failure to comply.