Borough of Keyport, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. No. 20-76]
There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the Code Enforcement Agency consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency.
[Ord. No. 20-76]
Each official position created in subsection 12-1.1, hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
[Ord. No. 20-76]
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. No. 20-76]
The Code Enforcement Agency shall be located at 18-20 Main Street, Keyport, N.J. during regular business hours of the municipal offices.
[Ord. No. 9-83; Ord. No. 32-89]
The Construction Official shall maintain regular office hours as established by the Mayor and Council.
[Ord. No. 20-76; Ord. No. 20-85; Ord. No. 8-86; Ord. No. 4-90; Ord. No. 10-92; Ord. No. 9-98; Ord. No. 11-99; Ord. No. 10-02; Ord. No. 4-10; Ord. No. 7-10; Ord. No. 17-10; Ord. No. 1-11; 9-2-2014 by Ord. No. 10-14]
The Mayor and Council, adjoining, hereby declare that in order to promote interlocal service agreements between joining municipalities, revisions to Chapter 12, Building and Housing, are necessary to establish certain uniform fees. Therefore, the Mayor and Council in furtherance of the within intent, hereby declare the following fees appropriate to the Borough of Keyport:
SCHEDULE A
BUILDING SUBCODE FEES
Building Subcode minimum fee
$55
The fee to be charged for a construction permit will be the sum of the basic construction fee plus all applicable special fees, such as sign or elevator. This fee shall be paid before a permit is issued.
NO PERMIT WILL BE ISSUED IF ANY FEES ARE OWED THE BOROUGH OF KEYPORT, SUCH AS TAXES, WATER AND SEWER FEES.
1.
New construction.
a.
Fees for new construction shall be based upon the volume of the structure. The new construction fee shall be in the amount of $0.040 per cubic foot of structure volume for buildings and structures of all use groups and types of construction (minimum fee: $55)
b.
State training fees for new building:
$0.00334 per cubic foot of volume
c.
C.O. fees:
10% of total of permit fees (minimum fee: $75)
d.
Prototype: less 20% of all subcode fees
e.
Update/as built: 20% all fees
2.
Additions.
a.
Per cubic foot of volume: $0.040 of structure volume (minimum fee: $50)
b.
Minimum fee
$55
c.
State training fee
$0.00334
d.
C.O. fees: 10% of the total of permit fees (minimum fee: $75)
3.
Renovations, alterations, repairs, decks, porches, fireplaces, enclosures.
a.
Per $1,000 of estimated costs,
(1)
Residential
$25
(2)
Commercial
$35
b.
Minimum fee
$55
c.
State alteration fee (per $1,000 of costs)
$0.00170
d.
C.A.
No fee
e.
For a combination of renovation and additions to fees for each shall be added to total
f.
Retaining walls over 4 feet
$25 per $1,000 of estimated cost
4.
Pools.
a.
$0.004 times (X) gallons of water
b.
Minimum fee
$50
c.
State alteration fee
$0.00170
d.
(intentionally omitted)
e.
Aboveground
$50
(1)
C.O.
$25
f.
Inground R 3/5
$300
(1)
C.O.
$75
5.
Fences and sheds.
a.
Fee
$50 (each)
b.
State alteration fee
$0.00170
c.
C.A.
No fee
6.
Re-roof, siding (residential)
a.
Minimum fee
$50
$25 per $1,000 of estimated cost
b.
State alteration fee
$0.00170
c.
C.A.
No fee
7.
Re-roof, siding (commercial)
a.
Minimum fee
$50
$35 per $1,000 of estimated cost
b.
Minimum fee
$15
c.
State alteration fee
$0.00170
d.
C.A.
No fee
8.
Satellite dish.
a.
Per $1,000 estimated cost
$25
b.
Minimum fee
$50
c.
State alteration fee
$0.00170
d.
C.A.
No fee
9.
Signs.
a.
Per square foot surface area, computed on 1 side only for double-face sign
$3 per square foot (all sites and types)
b.
Minimum fee
$50
c.
State alteration fee
$0.00170
d.
C.A.
No fee
10.
Demolition
a.
Residential
$200
b.
Accessory structure
$50
c.
All other use groups
(1)
Minimum fee: $750, $25 per $1,000 of estimated cost (up to 5,000 square feet)
(2)
Minimum fee: $1,000, $25 per $1,000 of estimated cost (over 5,000 square feet)
d.
C.A.
No fee
e.
Temporary trailer
$150 plus $50 C.O. fee
11.
Radon mitigation.
a.
Building fee, minimum
$50
b.
Electrical fee, minimum
$50
c.
State alteration fee
$0.00170
12.
Asbestos removal.
a.
Permit fee
$100
13.
Relocation.
The permit fee for the removal of a building or structure from 1 lot to another or to a new location on the same lot shall be $25 per $1,000 of the sum of the estimated cost of moving, for new foundations and for the placement in a completed condition in the new location, provided that the minimum fee shall be $50
14.
Tanks.
Removal/fill-building — No OCA charged (U-649 Demo)
Install tank — see Fire section
Removal/fill (each)
$50
15.
Elevators
a.
The fee for plan review for elevator devices in structures in Use Groups R-3, R-4 and for elevator devices wholly within dwelling units in R-2 structures shall be $50 for each device
b.
The fee for plan review for elevator devices in structures other than R-3, R-4 and devices in R-2 exempted by a. above shall be $260 for each device
The minimum for electrical inspection fee is:
$55
SERVICE EQUIPMENT — Terms include: service panel, service entrance conductors, subpanel
Greater than 0 amp or less than or equal to 100 amps
$45
Greater than 100 amps or less than or equal to 200 amps
$75
Greater than 200 amps or less than or equal to 300 amps
$110
Greater than 300 amps or less than or equal to 400 amps
$125
Greater than 400 amps or less than or equal to 1,000 amps
$457
Greater than 1,000 amps or less than or equal to 1,500 amps
$600
Greater than 1,500 amps
$600 plus $25 per 100 amps
Temporary service (pole) with 1 receptacle
$100
Temporary service (pole) with more than 1 to 6 receptacles or devices
$130
Temporary service to construction 1 trailer
$150
(1)
C.O.
$50
Each additional trailer of same service
$45
SCHEDULE B
ELECTRICAL SUBCODE FEES
The fees for a permit to install electrical equipment or electrical devices under UCC Electrical Subcode:
Electrical Subcode minimum fees
$55
RESIDENTIAL — SINGLE- AND TWO-FAMILY HOMES
From 1 to 5 receptacles, switches or fixtures
$30
6 through 25 receptacles, switches or fixtures, an additional
$50
26 through 50 receptacles, switches or fixtures, an additional
$25
For each additional 25 receptacles, switches or fixtures, an additional
$50
Special Devices
1 through 5 devices
$50
For each additional device, an additional
$10
Electrical Heat
1 to 5 units
$45
For each, additional unit
An additional $10 each
COMMERCIAL/INDUSTRIAL
Devices
1 through 20 devices
$100
21 through 50 devices
An additional $100
For each additional 25 devices
An additional $50
Special Devices (e.g., motors, generators, transfer, cooking, air-conditioning, signs and protective systems)
1 to 5 devices
$100
For each additional device
An additional $50 each
MOTORS AND ELECTRICAL DEVICES
Greater than 1 HP to 10 HP
$75
Greater than 10 HP to 50 HP
$100
Greater than 50 HP to 100 HP
$200
Greater than 100 HP
$750
TRANSFORMERS AND GENERATORS/SOLAR PANELS
Greater than 1 kW to 10 kW
$75
Greater than 10 kW to 45 kW
$100
Greater than 45 kW to 112.5 kW
$200
Greater than 112.5 kW
$750
CONNECTION POINTS (alarm devices, telephone/computer)
1- and 2-Family
1 to 25 points
$50
26 to 100 points
$100
100 or more points
$150
Commercial/Industrial
1 to 25 points
$100
26 to 100 points
$250
100 or more points
$500
SERVICES — Includes All Subpanels 60 AMP
$50
100 to 200 services
$110
201 to 499 services
$200
500 to 999 services
$500
1,000 and above services
$750
Each additional meter
$75
Re-institute service
$100
Scheduled overtime inspection fee
$200 above standard fee
Notes:
Actual nameplate kilowatt, horsepower rating must be noted on the application to ensure no delay in permit issuance.
No permit for a service change or service upgrade will be issued unless GPU work request (WR) "R" number as outlined in GPU application for service is submitted with application for permit.
ELECTRICAL SUBCODE FEES
Air-conditioner unit (each), under 3 tons
$25
Air-conditioner unit (each), 3 to 6 tons
$45
Air-conditioner unit (each), over 6 tons
$45 plus 3.54 times (x) tons
Air-conditioner, replacement feed to subpanel
$45
Air-conditioner, replacement feed
$45
Attic fan
$15
Bonding
$20
Burglar alarm panel
$35
Cable outlets, 1 to 5
$10
Cable outlets, 6 plus (each)
$3
Central heat, gas and oil
$35
Combination burglar/fire alarm panel
$35
Commercial exhaust, plus HP
$25
Commercial suppression system
$75
Control panel, each
$50
Cook top unit
$25
Dishwasher
$25
Door bell/chime and transformer, each
$5
Dryer
$25
Electrical valves, each
$5
Fire alarm panel
$35
Floor case cooler/freezer, self-contained
$0
Floor case cooler/freezer, split system
$45
Garbage disposal unit
$7
Hard-wired smoke detectors, 1 to 5
$25
Hard-wired smoke detectors, 6 plus (each)
$3
Heat pumps, plus HP and kW
$25
Hot tubs, plus HP and kW
$25
Hot water heater
$20
Intercom panel
$35
Intercom/CRT devices, 1 to 25
$10
Intercom/CRT devices for each additional 25
$10
Jacuzzi, plus HP and kW
$25
Kitchen exhaust, commercial, plus HP
$25
Light standards, 1 to 5 plus trench inspection
$55
Light standards, 6 plus (each), plus trench inspection
$5
Load management devices (each):
$45
Magnetic starter/2 of hp, with motors
Magnetic starter, same as motor HP
Microwave
$20
New subpanel only, same as service size
Oven
$25
Paddle fan (each)
$25
Panel change only, same as new service size
Public swimming pool annual inspection
$50
Radon exhaust
$25
Range, residential
$25
Range, commercial, plus kW
$25
Refrigeration unit (each), under 3 tons
$25
Refrigeration unit (each), 3 to 6 tons
$45
Refrigeration unit (each), over 6 tons
$45 plus 3.45 times (x) tons
Residential exhaust system (each)
$5
Sauna, plus HP and kW
$25
Sign, plus feed to sign and auto control device
$25
Surface cooking unit
$20
Swimming pool air blower motor, per HP
Swimming pool bonding
$20
Swimming pool light (each)
$5
Swimming pool subpanel with timer
$35
Aboveground pool/hot tubs/spas
$75
Inground pool
$150
Thermostats (each)
$5
Timer for electrical hot water heater
$25
Timer on photo cell
$35
Trench inspection
$5
Water boiler-furnace (replacement only)
$35
Walk-in cooler/freezer split system
$50
Water boiler-furnace (replacement only)
$35
Whirlpool/spa, plus HP and kW
$45
1 ton refrigeration= 3.54 kW
Example: 12 tons: 12 x 3.54 = 42.48 kW
$46 + $46 for 10 to 45 kW = $92
Example: 15 tons: 15x3.54 = 53.1 kW
$46 + $92 for 112.5 kW = $138
SCHEDULE C
FIRE SUBCODE FEES
The fees for a permit to install items under UCC Fire Subcode shall be as follows:
Fire protection subcode minimum fee shall be:
$55
1.
Commercial kitchen exhaust equipment, mechanical systems for all use groups
The fee shall be computed at $25 per $1,000 construction cost
(minimum fee $55)
2.
Crematorium (each)
$350
3.
Diesel tanks and pumps
Same rate as gasoline
4.
Fire alarm device changes
$15 per device
(minimum fee $75)
5.
Fire alarm panel, commercial
$80
6.
Fire alarm panel, residential
$45
7.
Fire pump insulation (each)
$250
8.
Flammable and combustible liquid storage tanks under 2,000 gallons
$75
9.
Flammable and combustible liquid storage tanks
(1)
Over 2,000 to 4,999 gallons
$100
(2)
At least 5,000 and less than 10,000 gallons
$160
10.
Flammable and combustible liquid storage tanks, 10,000 and over
$200 plus $10 per thousand gallons or a fraction thereof
11.
Flow valves, flow devices (each)
$30
12.
Gas or oil fired appliance that is not connected to the plumbing system (each)
$50
13.
Gasoline service station, 3 gasoline tanks to 10,000 gallons each and 6 gasoline pumps
$300
14.
Each additional gasoline tank to 10,000 gallons installed at the same time
$60
15.
Each additional gasoline pump installed at same time
$25
16.
Horn/horn strobe/strobe (each)
$10
17.
Incinerator (each)
$350
18.
Knob box
$30
19.
L.N.G. storage tanks, under 2,000 gallons
$80
20.
L.N.G. storage tanks, 2,000 gallons or more
$160
21.
L.N.G. storage tanks, under 2,000# liquid
$80
22.
L.N.G. storage tanks, 2,000# to 4,000# liquid
$160
23.
Pull station (each)
$15
24.
Smoke control system (each)
$160
25.
Smoke detectors in supply or return air ducts (each)
$25
26.
In computing fee for sprinkler and detector, the number of each shall be counted separately and 2 fees, one for sprinklers and one for detectors, shall be charged
27.
Independent pre-engineered sprinkler system: carbon dioxide, halon, foam suppression, dry chemical, wet chemical (each)
$80
28.
Sprinkler or detector 20 or fewer units
$80
29.
Sprinkler or detector, 21 to 100 units
$160
30.
Sprinkler or detector, 101 to 200 units
$260
31.
Sprinkler or detector, 201 to 400 units
$775
32.
Sandpipes, fire suppression system or special fire suppression systems
$30 per $1,000 of estimated cost
33.
Tanks for gasoline, oil, fuel, liquefied petroleum gas, gas, chemical or miscellaneous storage tanks up to 550 U.S. gallons
$65
34.
Tanks over 550 to 2,500 U.S. gallons
$125
35.
Tanks over 2,500 US gallons, per 1,000 U.S. gallons
$500
36.
Trench or tank(s) opening inspection
$65
37.
Underground fire mains
$150
38.
Waste oil tanks, under 10,000 gallons
$250
39.
Wood stoves, prefabricated fireplaces, masonry fireplaces, gas fireplaces, or alternative heating devices and components
Fee shall be computed at $25 per $1,000 construction cost
(minimum fee $45)
RESIDENTIAL SPRINKLERS AND DETECTORS
40.
Detector, 1 to 5
$25
41.
Detector, 6 plus (each)
$2
42.
Sprinklers, limited area, 1 to 5
$45
43.
Sprinklers, not limited area, 6 plus (each)
$2
44.
Sprinklers, not limited area, same as commercial
SCHEDULE D
PLUMBING SUBCODE FEES
The fees for a permit to install, inspect or replace plumbing fixtures or equipment under UCC Plumbing Subcode are as follows:
1.
For the installation, including replacement of plumbing futures, the fee shall be
A minimum of $50 for residential and $75 for all others
2.
Each plumbing fixture shall be computed at the rate of
$20
3.
Air-conditioning, refrigeration, freezer system unit (HVAC) (each)
$60
4.
Backflow device and/or preventor under 1 inch (each)
$20
5.
Backflow device and/or preventor 1 inch and above (each)
$65
a.
Annual inspection fee (each)
$65
(1)
Such inspection fee shall be payable and due on June 1 of each year
6.
Bathtub
$20 (residential)
$45 (other)
7.
Commercial boiler/furnace (each)
$75 (residential)
$100 (other)
8.
LP gas tank
$50 (residential)
$75 (other)
9.
Commercial washing machine (each)
$75
10.
Condensater drain, per unit or item
$20 (residential)
$45 (other)
11.
Direct connection (each)
$15 (residential)
$30 (other)
12.
Domestic boiler/furnace (each)
$75 (residential)
$100 (other)
13.
Dishwasher (each)
$20 (residential)
$45 (other)
14.
Domestic washing machine outlet
$20 (residential)
$45 (other)
15.
Drinking fountain (each)
$15 (residential)
$30 (other)
16.
Floor drain (each)
$15 (residential)
$30 (other)
17.
Fuel oil piping system for heating system
$60 (residential)
$100 (other)
18.
Fuel oil piping system
$60 (residential)
$100 (other)
19.
Garbage disposal unit (each)
$20 (residential)
$45 (other)
20.
Gas appliance (each)
$15 (residential)
$30 (other)
21.
Gas piping systems
$60 (residential)
$100 (other)
22.
Gas piping system for heating system
$60 (residential)
$100 (other)
23.
Grease trap (each)
$60 (residential)
$100 (other)
24.
Hose bibs (each)
$20 (residential)
$45 (other)
25.
Hot tubs, drain to city sewer
$75 (residential)
$100 (other)
26.
Hot tubs, without drain to city sewer
$25
27.
Hot water heating (each)
$50 (residential)
$100 (other)
28.
Hot water heater, replacement only
$20
29.
Interceptor (each)
$75
30.
Jacuzzi
$50 (residential)
$75 (other)
31.
Lawn sprinkler system (each)
$75 (residential)
$100 (other)
32.
Oil separators (each)
$75
33.
Reduced pressure backflow device (each)
$50 (residential)
$75 (other)
34.
(Reserved)
35.
Replacement heating unit
$50 (residential)
$75 (other)
36.
Radon piping
$50 (residential)
$75 (other)
37.
Sewer connection (each)
$75 (residential)
$125 (other)
38.
Sewer ejector (each)
$50 (residential)
$75 (other)
39.
Sewer pump (each)
$50 (residential)
$75 (other)
40.
Shower (each)
$20 (residential)
$45 (other)
41.
Sink/lavatory (each)
$20 (residential)
$45 (other)
42.
Steam boiler, 50 HP and over
$100
43.
Steam boiler, under 50 HP
$75 (residential)
$75 (other)
44.
Sump pump connection (each)
$50 (residential)
$75 (other)
45.
Trench inspection only
$50 (residential)
$75 (other)
46.
Urinal/bidet (each)
$20 (residential)
$45 (other)
47.
Vent stack (each)
$20 (residential)
$45 (other)
48.
Water closet (each)
$20 (residential)
$45 (other)
49.
Water filter system (each)
$35 (residential)
$75 (other)
a.
Waterline (refrigerator)
$15 (residential)
$30 (other)
50.
Water service connection from curb box to water meter
$75 (residential)
$125 (other)
51.
Water utility septic connection (each)
$75 (residential)
$125 (other)
52.
Sewer cap
$75 (residential)
$100 (other)
53.
Water cap
$75 (residential)
$100 (other)
54.
AC coil
$50 (residential)
$75 (other)
55.
AC condenser
$50 (residential)
$75 (other)
56.
Gas/oil unit heater
$50 (residential)
$75 (other)
57.
Water cooled AC
$50 (residential)
$75 (other)
58.
Sewer backwater valve
$50 (residential)
$75 (other)
SCHEDULE E
MECHANICAL SUBCODE FEES
The fees for a permit relative to the inspection of mechanical equipment under UCC shall be as follows:
The minimum fee:
$50
The fee for inspection of mechanical equipment in Use Groups R-3 and R-4 shall be $40 for the first appliance and $40 for each additional appliance.
NOTE: This flat fee includes all costs associated with the incidental connections and extensions of associated gas, fuel oil and/or domestic water relating to the specific appliance.
This does not exclude the requirement for an electrical permit, if needed.
Plus, all State of New Jersey fees.
[Ord. No. 20-76]
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Mayor and Council bi-annually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the Municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
[Ord. No. 20-76; Ord. No. 4-90; Ord. No. 10-92]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $0.00334 per cubic foot volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.70 per $1,000 of value of construction. The surcharge fee shall be remitted to the Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and no later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the Regulations first become effective the fee shall be collected and remitted for the third and fourth quarters only. [N.J.A.C. 5:23-4.19.]
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the Regulations first become effective, the report shall be for the third and fourth quarters only.
[Ord. No. 20-76]
The Construction Official shall prepare and submit to the Mayor and Council biannually, a report re-evaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits, with the reasons therefor.
[Ord. No. 37-92]
All elevators, dumb-waiters and similar devices in any structure in the Borough of Keyport shall be inspected on an annual basis or as required by law by an inspector duly licensed by the State of New Jersey. Application shall be made at the office of the Construction Official, accompanied by a fee as listed below payable to the Borough of Keyport.
The fees are as listed in the New Jersey Uniform Construction Code Act, Subchapter 12, Elevator Safety Subcode, N.J.A.C. 5:23-12, to which must be added an administrative fee of 15% of the total scheduled fee for the Borough's administrative costs and a fee of $50 for a certificate of approval or a certificate of compliance for each unit.
Elevator Inspection Fees
Witnessing Acceptance Test Fees
Traction and winding drum elevators
1 thru 10 floors
$225
Over 10 floors
$375
Hydraulic elevators
$200
Roped hydraulic elevators
$225
Escalators and moving walks
$200
Dumbwaiters
$50
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts
$50
Additional Fees for Devices Equipped With:
Oil buffers (per oil buffer)
$40
Counterweight governor and safeties
$100
Auxiliary power generator
$75
Semiannual Routine Inspections (fee per unit)
Traction and winding drum elevators
1 thru 10 floors
$140
Over 10 floors
$180
Hydraulic elevators
$100
Roped hydraulic elevators
$140
Escalators and moving walks
$140
Annual Inspections and Witnessing of Tests
Traction and winding drum elevators
1 thru 10 floors
$200
Over 10 floors
$240
Hydraulic elevators
$150
Roped hydraulic elevators
$200
Escalators and moving walks
$320
Dumbwaiters
$80
Stairway chairlifts, inclined and vertical wheelchair lifts and manlifts
$120
[Added 7-19-2016 by Ord. No. 15-16]
The Mayor and Council may, by adoption of a resolution, waive any and all fees under this Chapter XII for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by a disabled person to an existing public or private structure or any facilities contained therein in accordance with the terms and conditions of N.J.S.A. 52:27D-126e.
[Ord. No. 486; 1972 Code § 12-2.1; Ord. No. 22-00]
There is hereby adopted by the Borough for the purpose of protecting the public health, safety and welfare in buildings used for dwelling purposes, that code entitled BOCA National Property Maintenance Code of 1996, as published and promulgated by the Building Officials Conference of America, Inc., except such portions as are hereafter deleted, modified or amended by subsection 12-2.3 and 12-4.3 a copy of which has been and is now filed in the office of the Borough Clerk, and the same are hereby adopted and made a part of this section as fully as if set out at length herein.
[1]
Editor's Note: Former Subsection 12-2.2, Future Modifications of Code, previously codified herein and containing portions of Ord. No. 486 and 1972 Code § 12-2.2 was repealed in its entirely by Ord. No. 22-00.
[Ord. No. 15-74; 1972 Code § 12-2.3; Ord. No. 16-76; Ord. No. 4-90; Ord. No. 22-00; Ord. No. 8-10; Ord. No. 17-10; Ord. No. 1-11]
Except as further provided by subsection 12-4.3, the following provisions of the BOCA National Property Maintenance Code of 1996 are hereby modified, amended, deleted or changed to read as follows, identified thereof being by section number as appearing therein as follows:
a. 
Section PM-101.1 is amended to read as follows:
Section PM-101.1 Title: These regulations shall be known as the Property Maintenance Code of the Borough of Keyport hereinafter referred to as "this Code."
b. 
Section PM-105.1 is hereby amended and supplemented to read as follows:
PM-105.1 General: The Code Enforcement Officer (herein "Code Official") shall enforce all applicable provisions of this Code, as indicated herein. The Code Official is charged with the responsibility of making necessary inspections for the issuance of occupancy permits as hereinafter provided.
c. 
Section PM-105.12 is hereby added to Section PM-105.0, and is to read as follows:
Section PM-105.12 Certificate of Occupancy Requirement: No owner shall occupy or let an occupant, nor shall any person lease or occupy, any vacant dwelling, lodging or commercial unit unless a Certificate of Occupancy, which certifies that the unit is fit for human habitation as set forth in this Code, shall first be obtained from the Code Official. Application forms for a Certificate of Occupancy shall be prepared by the Borough and made publicly available at the office of the Code Official. Upon filing an application, an applicant shall pay a non-refundable application fee of $75 for a dwelling or lodging unit or for a commercial unit, to the Borough to cover the cost of inspection. If the application is rejected, one reinspection shall be provided with no additional fee. However, if a third inspection is required, a new application fee of same amount shall be payable prior to reinspection of the premises. The Code Official shall make such inspections within 10 business days after the request therefor, or as soon as reasonably possible thereafter.
If it is necessary to perform the function of inspection in an expedited manner, the following fee schedule shall apply:
$155 Certificate of Occupancy to be performed between four and 10 days from the date of the application.
$210 Certificate of Occupancy to be performed less than four days from the date of the application.
d. 
Section PM-106.2 is revised to read as follows:
Section PM-106.2 Penalty: Any person who shall violate a provision of this Code shall, upon conviction, be subject to the General Penalty Provision set forth in § 1-5 of the Revised General Ordinances of the Borough of Keyport.
[Ord. No. 2-74; 1972 Code § 12-3.1]
It is hereby found and declared that the existence or occupation of any building or part thereof, in the Borough which is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, is inimical to the welfare and dangerous and injurious to the health and safety of the people of the Borough, and that a public necessity exists for the repair, closing or demolition of such building or part thereof. It is hereby found that there exist in the Borough buildings, which are unfit for human habitation, occupancy or use, due to dilapidation defects increasing the hazards of fire, accidents, or other calamities; lack of ventilation; lack of sanitary facilities; or other conditions rendering such buildings, or part thereof, unsafe or unsanitary, or dangerous or detrimental to the safety or otherwise inimical to the welfare of the residents of the Borough and as to which the Borough has the power, pursuant to N.J.S.A. 40:48-2.3, et seq., to exercise its police powers to repair, close or demolish, or cause or require the repairing, closing or demolition of such buildings, or part thereof, in the manner herein provided.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code as approved by the Departments of Health and Conservation and Economic Development and filed in the Secretary of State's office is hereby accepted, adopted established as a standard to be used as a guide in determining whether dwellings in this Municipality are safe, sanitary and fit for human habitation and rental. A copy of the New Jersey State Housing Code is annexed to this section and three copies have been placed on file in the office of the Borough Clerk and are available for the use and examination of the public.
[Ord. No. 359; 1972 Code § 12-3.2]
As used in this section:
BUILDING
Any building or structure, or part thereof, whether used for human habitation or otherwise, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
A building or portion thereof providing living facilities for one or more persons.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of any department or branch of the government of the Borough, relating to health, fire, building regulations, or to other activities concerning buildings in the Borough.
PUBLIC OFFICER
The officer who is authorized by this Chapter to exercise the powers prescribed for him.
[Ord. No. 359; 1972 Code § 12-3.3; Ord. No. 21-00]
The Public Official shall be the Code Enforcement Officer of the Borough, who shall exercise the powers prescribed by this section.
[Ord. No. 359; 1972 Code § 12-3.4; Ord. No. 14-80]
Whenever a petition is filed with the Public Officer by a public authority or by at least five residents of the Borough charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the public officer on his own motion that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the public officer or his designated agent at a place therein fixed, not less than seven days nor more than 30 days after the serving of the complaint, and that the owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the place and time fixed in the complaint, and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
[Ord. No. 359; 1972 Code § 12-3.5]
If the Public Officer determines after such notice and hearing that the building under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest, an order as follows:
a. 
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order, or at the option of the owner, to vacate or have the building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.
[Ord. No. 359; 1972 Code § 12-3.6; Ord. No. 14-80]
a. 
If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved or to be vacated and closed; provided that the Public Officer shall not incur any expense to repair, alter or improve any building without the approval by resolution of the Borough Council. The Public Officer may cause to be posted on the main entrance of any building so closed a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful".
b. 
If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished, subject to the approval by resolution of the Borough Council, or may contract for the removal or demolition thereof, subject to the approval of such contract by the Borough Council, after advertisement for, and receipt of, bids therefor.
c. 
The amount of:
1. 
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section, determined in favor of the Borough, and
2. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal and demolition, if any, or
3. 
The amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided that nothing in this section shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise, nor to limit the authority of the Borough or Construction Official under the "State Uniform Construction Code Act", P.L. 1975, C. 217 (C. 52:27D-119 et seq) or any rules or regulations thereunder. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
d. 
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the Public Officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. No. 359; Ord. No. 2-74; 1972 Code § 12-3.7]
a. 
The Public Officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Borough. Such conditions may include the following without limiting the generality of the foregoing. Defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects, uncleanliness.
b. 
Without in any way limiting the standards and conditions set forth in paragraph a above, and without in any way requiring that any one or all of the conditions hereinafter set forth be found in order to declare a building unfit for human habitation, occupancy or use, the following are additional standards to guide the public officer or his agent in determining the fitness of a building for human habitation or occupancy or use.
1. 
Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb-line passing through the center of gravity falls outside of the middle third of its base.
2. 
Those which, exclusive of the foundation, show 33% or more of damage, disrepair or deterioration of the supporting member or members, or 50% of damage, disrepair or deterioration of the nonsupporting enclosing or outside walls or covering.
3. 
Those who have improperly distributed loads upon the floors or roofs or in which the same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used.
4. 
Those structures and every part thereof which are not maintained in good repair by the owner or agent and fit for human habitation, also where the roof is not maintained so as not to leak and where all rainwater is not properly drained and conveyed therefrom so as not to cause dampness in the wall or ceilings on the interior or exterior.
5. 
Those structures which are not maintained in proper repair so as to give adequate protection from the elements and those structures where the windows and doors do not fit properly and where all exterior wood surfaces are not protected from the elements and decay by painting or other protective covering.
6. 
Those dwelling units which lack the following facilities in good working order:
A sink, flush toilet and bath tub or stall shower supplied by a sufficient supply of potable running water and connected to the sanitary sewage disposal system of the Borough or to an approved individual sewage disposal system according to Chapter 199, P.L. 1954 of New Jersey.
7. 
Those which lack permanent, safe and reasonably efficient kitchen facilities within the dwelling unit, including a sink with running water and provisions for a cooking stove.
8. 
Those dwelling units and public hallways which do not have a safe electric lighting system.
9. 
Those which lack substantially adequate safe heating facilities.
10. 
Those where every habitable room does not contain a window or windows which open directly to the outside air, and the total area of such window or windows is less than 10% of the floor area of such room. Also where the window sash is not glazed and provided with suitable hardware and is not made to open to the extent of not less than 5% of the floor area of such room.
11. 
Those dwelling units not having a separate access either to a hallway or landing stairway leading to the street.
12. 
Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
13. 
Those which are so dilapidated, decayed, unsafe or unsanitary that they are unfit for human habitation or occupancy or use, or by reason of structural deficiencies or of continuous dampness or exposure brought about by neglect or dilapidation are likely to cause sickness or disease, or may reasonably be presumed to result in injury to the health, safety and general welfare of those using the premises.
14. 
Those dwelling units having rooms with less than 400 cubic feet of air space and 50 square feet of floor space for each adult and less than 200 cubic feet of air space and 30 square feet of floor space for each child under the age of 12 years occupying such room. Any room used for sleeping purposes having less than 60 square feet is also deemed uninhabitable.
15. 
Those basement dwelling units having rooms with ceiling height of less than six feet eight inches or whose walls and floors have not been damp-proofed and waterproofed by an approved method if in contact with earth.
16. 
Those whose courts, yards or other areas on the premises are not properly drained.
17. 
Those with fences in a dilapidated condition.
18. 
Those which have been damaged by fire, wind, or other causes, so as to have become dangerous to life, safety, or the general health and welfare of the occupants or the people of the Borough.
19. 
Those whose yards, lawns, courtyards, terraces, porches, balconies, and accessory buildings are not kept clean and free of rodent and vermin infestation and rat-proofed according to existing ordinances.
20. 
Stores or places of business converted to living purposes shall conform to the above standards and all show windows shall be replaced by conventional type home windows which conform to the requirements of paragraph 10 above.
21. 
Those buildings existing in violation of any provision of any ordinance in the Borough relating to health or plumbing codes.
22. 
The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall be not less than one gallon per minute at all times.
23. 
Rooms that are air-conditioned will not be required to have screens as per paragraph 12-3.7b, 10.
24. 
The rental is hereby prohibited of the following areas within a building to be used or occupied for sleeping purposes: Kitchen, bathrooms, dining rooms, dens, living rooms, hallways, or closets.
25. 
Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under any agreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heat adequate to maintain therein a minimum inside temperature of 60° F. in all habitable rooms, bathrooms, and water closet compartments between the hours of 11:01 p.m. until 5:59 the next morning.
26. 
Should there be a failure of the heating system where the owner is required under this code to provide heat, he shall be required to supply adequate heat, to at least one room in each dwelling unit affected. Heating repairs shall begin immediately. The use of the kitchen stove or oven shall not be permitted to comply with this section of the code.
[Ord. No. 359; 1972 Code § 12-3.8]
Notices of complaints or orders issued by the Public Officer pursuant to this section shall be served upon persons either personally or by registered mail, but if the whereabouts of any person is unknown and the same cannot be ascertained by the Public Officer in the exercise of reasonable diligence, and the Public Officer makes an affidavit to that effect, then the serving of such complaint or order upon such person may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the Borough. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be recorded or lodged for record with the County Clerk of the County of Monmouth.
[Ord. No. 359; 1972 Code § 12-3.9]
Any person aggrieved by an order issued by the Public Officer pursuant to this section may, within 60 days after the posting and service of such order, avail himself of such remedies as are set forth in N.J.S.A. 40:48-2.8.
[Ord. No. 359; 1972 Code § 12-3.10]
The Public Officer shall be authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers in addition to others herein granted:
a. 
To investigate the building conditions in the Borough in order to determine which buildings therein are unfit for human habitation or occupancy or use.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations; provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
The Public Officer shall delegate and fix the duties of such officers, agents and employees as he deems necessary to assist him in carrying out the purposes of this section, subject to the confirmation by resolution of the Borough Council, and may delegate any of his functions and powers under this section to such officers, agents and employees as he may designate.
[Ord. No. 359; 1972 Code § 12-3.11; Ord. No. 32-89]
Any person who violates the provisions of subsection 12-3.6 paragraphs a and b, or who violates an order of the Public Officer, after duly made and promulgated, pursuant to this section, or who interferes with the Public Officer or any other person authorized to exercise the powers of the Public Officer, shall be subject to the General Penalty established in Section 1-5 of this Revision. Such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings provided in this section.
[Ord. No. 359; 1972 Code § 12-3.12]
Nothing in this section shall be construed to abrogate or impair the powers of any department of the Borough to enforce any provisions of its charter or its ordinances or regulations or to prevent or punish violations thereof.
[1]
Editor's Note: Prior ordinances codified herein include portions of Ord. Nos. 18-80, 11-83 and 26-87.
[Ord. No. 13-94; Ord. No. 20-98; Ord. No. 22-00; amended 6-14-2016 by Ord. No. 9-16]
The "BOCA National Property Maintenance Code of 1996," as published and promulgated by the Building Officials Conference of America, Inc., a copy of which has been filed with the Borough Clerk, is hereby adopted as the Property Maintenance Code of the Borough of Keyport for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code of 1996 are hereby referred to, adopted and made part thereof, as if fully set out in this section, with the additional insertions, deletions and changes, if any, prescribed in Subsection 12-4.3 of this section. And in addition to the "BOCA National Property Maintenance Code of 1996" and in accordance with the provisions of N.J.S.A. 40:49-5.1, the 2015 International Property Maintenance Code (IPMC), and any subsequent amendments thereto, as published by the International Code Council, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether buildings and structures in the Borough are safe, sanitary and fit for human occupancy, habitation, rental and use. This chapter shall serve to protect the public health, safety and welfare and shall serve to preserve property values by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential properties. A copy of the 2015 International Property Maintenance Code is annexed to and made a part of this chapter without the text being included herein.
[Ord. No. 13-94]
Former Section 12-4 of the Borough of Keyport entitled Property Maintenance Code of the Borough of Keyport, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 13-94; Ord. No. 22-00]
The BOCA National Property Maintenance Code of 1996 is further amended and revised in the following respects:
Section PM-304.12 (page 11, first line). Insert: 1 May to 1 September.
Section PM-602.2.1 (page 17, fifth line). Insert: 1 September to 1 May.
Section PM-602.3 (page 17, third line). Insert: 1 September to 1 May.
[Ord. No. 13-94]
That nothing in this section 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 as cited in subsection 12-4.2 of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Added 3-20-2018 by Ord. No. 4-18]
The following violations of the 2015 International Property Maintenance Code, the 1996 BOCA National Property Maintenance Code, both incorporated herein under § 12-4.1, and the Borough of Keyport Code shall be payable at the Violations Bureau of the Keyport Municipal Court unless "Court Appearance Required" has been selected on the summons. These violations shall be payable at $100. If "Court Appearance Required" has been selected, the fee schedule includes a maximum penalty of up to $1,250, at the discretion of the Municipal Court Judge.
a. 
International Property Maintenance Code 2015:
1. 
KPM 302.1 Sanitation.
2. 
KPM 302.3 Sidewalks and Driveways.
3. 
KPM 302.4 Weeds.
4. 
KPM 304.2 Protective Treatment.
5. 
KPM 304.3 Address Identification.
6. 
KPM 304.7 Roofs and Drainage.
7. 
KPM 304.14 Insect Screens.
8. 
KPM 304.19 Gates.
9. 
KPM 308.1 Accumulation of Rubbish or Garbage.
10. 
KPM 308.2 Disposal of Rubbish.
11. 
KPM 308.2.2 Refrigerators.
12. 
KPM 308.3.2 Containers.
b. 
BOCA National Property Maintenance Code 1996:
1. 
BPM-303.1 Sanitation.
2. 
BPM-303.2 Grading and Drainage.
3. 
BPM-303.83 Sidewalks and Driveways.
4. 
BPM-303.4 Weeds.
5. 
BPM-304.2 Exterior Painting.
6. 
BPM-304.3 Street Numbers.
7. 
BPM-304.15 Insect Screens.
8. 
BPM-306.1 Accumulation of Rubbish or Garbage.
c. 
Local codes:
1. 
Section 4-4, Clear Sight at Intersections.
2. 
Section 4-5.1, Snow and Ice Removal Required.
3. 
Section 12-14, Landlord Registration.
4. 
Section 12-17, Storage Containers.
5. 
Section 14-5.1, Sump Pump Discharge.
6. 
Section 16-5.9, Grass Clippings and Leaves.
7. 
Section 16-8.3, Yard Waste Collection; Prohibited Conduct.
8. 
Section 25-1-15.16a7, Fences and Walls Maintenance.
9. 
Section 25-1-18f, Overnight Parking.
10. 
Section 25-1-28(1), Dumpsters and Other Containers.
[Ord. No. 206; 1972 Code § 7-11.1]
No person shall erect, improve, alter or extend any wharf, pier, bulkhead, dock, slip, basin, docking facility, harbor and harbor structure, in and along the waterfront within the territorial limits of the Borough, without securing a license and permit therefor as hereinafter provided.
[Ord. No. 206; 1972 Code § 7-11.2]
Any person desiring to construct, alter, improve, or extend any wharf, pier, dock, bulkhead or other building in the nature thereof, harbor structure and shipping and docking facility shall make written application to the Mayor and Borough Council therefor, stating the nature and extent of the intended construction, alteration, improvement or extension and shall file with such application, full and complete plans and specifications thereof, and shall also produce his deeds, leases or other evidence of title, or right of possession.
The Mayor and Borough Council shall give notice of the time and place of public hearing of such application to all persons interested by advertisement in two newspapers of general circulation in the Borough, for two successive weeks at least one in each week and by posting such notice upon the lands or premises mentioned in the application.
After such hearing the Mayor and Council shall by resolution, grant or deny the application, to all persons interested, by advertisement in two newspapers of general circulation in the Borough for two successive weeks at least once in each week, and by posting such notice upon lands or premises mentioned in the application. After such hearing the Mayor and Council shall by resolution grant or deny the application and approve or disapprove the plans and specifications filed therewith and if it grant the same and approve the plans and specifications, shall in its resolution, direct a license or permit to be issued therefor. All such licenses or permits shall be recorded in a book to be kept for the purpose and no such license or permit shall be unreasonably withheld by the governing body.
[Ord. No. 206; 1972 Code § 7-11.3]
Any such wharf, pier, dock, bulkhead, building, harbor or other structure, constructed, altered, improved or extended within the limits of any Municipality beyond low water mark, without a license or order of court first obtained therefor, shall be deemed and taken to be a public or common nuisance and the person causing the same to be so constructed, altered, improved or extended without a license, shall be guilty of maintaining a nuisance, and upon conviction, the court may, by its order, direct either the defendant or the Sheriff of the County, at the expense of the defendant, to abate the nuisance.
Every such license or permit or order granted or made for the construction, alteration, improvement or extension of any such wharf, pier, or other like structure, beyond low water mark of the waterway, or any harbor structure, shall become and be absolutely void, unless work thereunder shall be commenced within six months after the date thereof and diligently prosecuted to completion.
[Ord. No. 206; 1972 Code § 7-11.4]
a. 
The owner or lessee of any private wharf, pier, and bulkhead within the Borough shall at all times keep and maintain the adjoining dock clean and free from obstructions.
The Borough may, upon default for 30 days after service of notice upon any owner or lessee cause the dock to be cleaned and freed from obstructions and apportion the cost thereof among the owners and lessees of the wharf, pier and bulkhead adjoining the dock in proportion to the extent that their wharf, pier or bulkhead have the privilege or the use of such dock. The cost so apportioned shall be a lien upon the property to the same extent and enforced and collected as liens for assessments for local improvements are enforced and collected.
b. 
Every owner of lands in front of and along any existing bulkhead, dock, pier or other works and structures now or hereafter built, constructed or maintained along any navigable water within the territorial limits of the Borough shall repair and keep the same in repair.
c. 
Every owner of such lands shall do and perform the work provided in paragraph b of this subsection within 60 days after written notice of the required work to be done is sent to such owner by mail, if his post office address be known; if not known, then by posting such notice upon the property affected thereby or leaving the same with any occupant thereof, or by personal service if the owner be resident within the Borough.
[Ord. No. 206; 1972 Code § 7-11.5]
Should the owner fail to repair and keep in repair such bulkhead or other work and structure, as provided in paragraphs b and c of 12-5.4, the Borough Council shall cause the work to be done and the cost thereof, with interest shall by resolution of the Borough Council be assessed upon the land in front of and along which the bulkhead or other work or structure shall have been constructed. Such resolution shall set forth the name of the owner, a description of the lot owned and the amount assessed thereon, and be entered at length upon the minutes. A copy thereof, certified by the Borough Clerk shall within 10 days thereafter, be delivered to the Collector for the Borough who shall at once enter the same in a book provided for that purpose, to be called "Bulkhead Assessments." Such assessments shall become and remain a first and paramount lien on the lands and be enforced in the manner provided by law.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 8-98.
[Ord. No. 21-98]
As used in this section, the following terms shall have the following meanings:
APPROVED SMOKE DETECTORS
Instruments approved by a nationally licensed testing laboratory for the detection of ionized gases or products of combustion produced by smoldering or burning materials.
[Ord. No. 21-98]
With the exception of new construction, no residence or apartment shall be sold, rented or otherwise transferred unless approved smoke detectors are installed in accordance with N.J.A.C. 5:18-4.19 and a certificate of smoke detector compliance has been issued in accordance with N.J.A.C. 5:18-2.20.
[Ord. No. 21-98]
No one-, two- or three-family residence or apartment shall be sold, rented or transferred unless said residence was duly inspected and approved by the Borough Smoke Detector Inspector to ensure that the smoke detector complies with subsection 12-6.2 of this section.
[Ord. No. 21-98]
Application for inspection shall be made, in writing, at the office of the Administrator of the Borough of Keyport and shall be accompanied by a fee of $20 for each rental unit to be inspected and for each one-, two- or three-family structure to be sold. The fee shall include one reinspection should noncompliance be determined upon first inspection. A fee of $10 will be charged for each additional inspection to ensure compliance with this section.
[Ord. No. 21-98]
The Tax Collector of the Borough of Keyport shall provide to each person requesting a tax search from his/her office a statement calling attention to the provisions of this section and shall inform the persons requesting a tax search of the obligation of the owner and seller of real estate to obtain an inspection by the Building Department and to install smoke detectors as provided herein prior to transfer of title.
[Ord. No. 21-98]
The individual filling the position of Smoke Detector Inspector shall be appointed by the Mayor with the approval of the Borough Council.
[Ord. No. 21-98]
The term of the Smoke Detector Inspector shall be for one year. The first appointee shall serve to December 31 of the year of his appointment. All subsequent appointments shall be for the full term of one year, to take effect January 1 of each succeeding year.
[Ord. No. 21-98; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty.
[Ord. No. 21-98]
The Smoke Detector Inspector, the Code Enforcement Officer and the Acting Code Enforcement Officer shall have the authority to enforce the provisions of this section. Nothing in this section shall prevent the appointment of the Code Enforcement Officer as the Smoke Detector Inspector.
[1972 Code § 7-7.1]
As used in this section:
SWIMMING POOL
Includes either outdoor or indoor, above or below grade level, public or private, pools which are installed or constructed to provide recreational facilities for swimming, bathing or wading. Any pool shall be considered designed for or capable of being used for swimming if it has an area exceeding 120 square feet or a maximum water depth exceeding 12 inches.
[1972 Code § 7-7.2]
No person shall establish or construct a swimming pool without first obtaining a permit from the Construction Official. The fee for the permit shall be as established in subsection 12-1.6a of this Chapter.
[1972 Code § 7-7.3]
All outdoor swimming pools shall be enclosed by a substantial fence not less than 48 inches in height, constructed so as to prevent within reason any person from gaining access beneath or through the fence. The fence shall have a similarly substantial gate of the same height as the fence, with facilities for locking the gate when the pool is unguarded. Such gate shall be kept closed at all times except when opened for the purpose of ingress or egress.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
a. 
N.J.S.A. 40A:21-1 et seq., the Five Year Exemption and Abatement Law, authorizes municipalities to approve tax exemptions and/or abatements for improvements to dwelling units which are 20 or more years of age and located within an area in need of rehabilitation, and on April 9, 1979, Mayor and Council of the Borough adopted the appropriate resolution seeking the approval of the Monmouth County Planning Board for that Board's determination that the Borough is a qualifying municipality under the Act aforesaid.
b. 
On May 21, 1979, the Monmouth County Planning Board did adopt a resolution pursuant to the Act determining that the housing stock of the Borough is in need of rehabilitation and hence a qualifying municipality under the Act.
c. 
The Borough desires to participate in the program under the Act for dwelling units.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Tax exemptions shall be granted for improvements to dwellings only on an individual basis, after review and evaluation of each application by the Tax Assessor of the Borough, who shall then make a recommendation to the governing body of the Borough. The governing body may approve by resolution an exemption from taxation of improvements to the dwelling. Such exemption shall regard the first $25,000 in the Tax Assessor's full and true value of improvements for each dwelling unit primarily and directly affected by the improvement in any dwelling more than 20 years old, as not increasing the value of such property for a period of five years, notwithstanding the value of the dwelling to which the improvements are made is increased thereby; provided, however, that during the five-year period, the assessment on such dwelling shall in no case, except that of damage through action of the elements sufficient to warrant a reduction, be less than the assessment thereon existing immediately prior to such improvements.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Upon review and evaluation by the Tax Assessor and the Tax Assessor's recommendation to the governing body, the governing body may by resolution approve an exemption of some portion of the assessed valuation of construction of new dwellings or of conversions of other buildings and structures, including unutilized public buildings to dwelling use, or both. If the Borough and the applicant enter into a tax agreement for an exemption under this section, such agreement shall be approved by ordinance. In determining the valuation of real property, the Borough shall regard up to 30% of the Tax Assessor's full and true value of the dwelling constructed, or conversion alterations made, as not increasing the value of such property for a period of up to five years, notwithstanding that the value of the property on which the construction or conversion occurs is increased thereby; provided that, during the five-year period, the assessment on such dwelling shall in no case, except that of damage through action of the elements sufficient to warrant a reduction, be less than the assessment thereon existing immediately prior to the construction or conversion of the dwelling unit. The exemption period and annual percentage of the exemption shall be determined on an individual basis. The annual percentage of the exemption may be defined in a schedule that exempts from taxation a different percentage, up to 30%, for each year of the exemption period.
[Added 7-24-2018 by Ord. No. 13-18]
The Tax Assessor shall determine on October 1 of the year following the date of the completion of an improvement, conversion or construction, the true taxable value of the real property granted an exemption pursuant to this section. The amount of tax to be paid for the tax year in which the project is completed shall be based on the assessed valuation of the property for the current tax year plus the pro-rated portion of the assessed valuation of the improvement, conversion or construction not allowed an exemption pursuant to this section. The property shall continue to be treated in the appropriate manner for each of the four tax years subsequent to the resolution of the governing body and shall be prorated for the final tax year in which the exemption expires.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Additional improvements, completed during a period in which the improved property is subject to a previously granted exemption in an amount less than the maximum deductible permissible may qualify, subject to the review and approval provisions in this section, for additional exemptions under terms and conditions herein specified. In calculating the assessed value in such case, the additional improvement, conversion or construction shall be considered as separate for the purposes of calculating the exemption. However, in no tax year shall the total exemption for any single property exceed $25,000
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Any property owner desiring to seek an exemption as set forth in this section and provided by law shall submit a written application on the form prescribed by the Director of the Division of Taxation with the Tax Assessor of the Borough pursuant to the provisions of the Five-Year Exemption and Abatement Law. Such application shall be filed with the Tax Assessor within 30 days, including Saturdays and Sundays, following the completion of the improvement, conversion, alteration or construction.
[Added 7-24-2018 by Ord. No. 13-18]
No exemption shall be granted, or tax agreement entered into, with respect to any property for which property taxes are delinquent or remain unpaid, or for which penalties for nonpayment of taxes are due.
[Added 7-24-2018 by Ord. No. 13-18]
a. 
If, during any tax year prior to the termination of a tax agreement, the property owner ceases to operate or disposes of the property or fails to meet the conditions for qualifying, then the tax which would have otherwise been payable for each tax year shall become due and payable from the property owner as if no exemption had been granted. The Borough shall notify the property owner and Tax Collector forthwith pursuant to the requirements of the Five-Year Exemption and Abatement Law.
b. 
However, with respect to the disposal of the property, where it is determined that the new owner of the property will continue to use the property pursuant to the conditions which qualified the property, no exempted tax shall be due and the exemption and/or the abatement shall continue, and the agreement shall remain in effect.
[Added 7-24-2018 by Ord. No. 13-18]
The Tax Assessor shall report, on or before August 1 of each year, to the Mayor and Borough Council as to the total amount of real property taxes exempted and the termination dates of each exemption within the Borough in the current tax year under this section deemed applicable to improvements and new construction of dwelling units.
[Added 7-24-2018 by Ord. No. 13-18]
The governing body shall report, on or before October 1 of each year, to the Director of the Division of Local Government Services in the Department of Community Affairs and to the Director of the Division of Taxation in the Department of the Treasury the total amount of real property taxes exempted within the municipality in the current tax year.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
As used in this section, terms shall be defined as in the Five-Year Exemption and Abatement Law.[1]
[1]
Editor's Note: See N.J.S.A. 40A:21-1 et seq.
[Ord. No. 342; 1972 Code § 6-3.1]
Whenever it shall appear necessary and expedient to the Mayor and Council, for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard, to remove from lands lying within the limits of the Borough, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the Mayor and Council shall cause notice to be given to the owner, tenant, occupant or person in control of the lands and that person in control shall, within 10 days after the notice, remove the same.
[Ord. No. 342; 1972 Code § 6-3.2; Ord. No. 32-89]
In case the person in control of any such lands shall refuse or neglect to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice as aforesaid, and in the manner required by the Borough, the same shall be removed by or under the direction of the Property Maintenance Official of the Borough or such other officer of the Borough as the Mayor and Council may designate.
[Ord. No. 342; 1972 Code § 6-3.3; Ord. No. 32-89; amended 7-2-2013 by Ord. No. 10-13]
In cases where the above mentioned debris is removed from any lands by the Borough, the Property Maintenance Official or other officer shall certify the cost of removal to the Mayor and Council, who shall examine the certificate and if found correct, shall cause the cost as shown to be charged against the lands. The cost certified to the Mayor and Council shall include a fee of $40 per removal event to defray the Borough's administrative costs associated with such removal activity. The amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands, 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.
[Ord. No. 342; 1972 Code § 6-3.4]
No person shall throw, deposit or cause to be thrown or deposited, any trash, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash, debris of any kind whatsoever, nor suffer or permit the same to be scattered by wind or otherwise, upon lands of another person.
[Ord. No. 9-89]
In all multiple-family dwellings with balconies, the following conditions and/or activities shall be prohibited:
a. 
No grill, barbecue, stove or a similar device burning wood, charcoal, paper, or any flammable gas or liquid shall be employed or used on, or under, any balcony of any structure. This prohibition will not apply to electric grills.
b. 
No bottled gas containing liquefied natural gas, propane or similar flammable gas shall be used or stored inside any portion of a multiple-family dwelling or outside shed attached to said structure, or on or under any balcony, in a multiple-family dwelling.
c. 
Definitions. As used in this section:
BALCONY
A platform projecting from an upper story of a building.
d. 
Enforcement. The Fire Official is hereby authorized and directed to enforce this section.
e. 
Penalty. For violation of any provision of this section, the maximum penalty, upon conviction, shall be a fine not exceeding $100.
[Ord. No. 19-90]
The local building code within the Borough of Keyport shall be amended to require the installation of low-water using plumbing fixtures and fittings in all residential, commercial, and industrial construction projects. Low-water using fixtures shall include, but not be limited, to:
a. 
Automatic turn-off valves in public restrooms.
b. 
Shut-off valves on hoses to save water while watering plants or washing the car.
c. 
Aerators, flow restrictors or other conservation devices in all faucets and showerheads.
d. 
Recycling systems in such commercial uses as car washes.
[Ord. No. 19-90]
All service property or new construction within the Borough of Keyport, shall submit plans and/or information regarding plumbing fixtures to the Construction Official in the Borough of Keyport prior to commencement of work. Individuals or firms shall not begin construction until such time as the Construction Official has reviewed plans and information and determined that conservation measures have been implemented in accordance with this section.
[Ord. No. 24-98]
Every dwelling or dwelling unit which is to be rented, leased or sold must install Ground Fault Interrupter Outlets (GFIs) in every bathroom and every kitchen counter outlet within six feet of any sink before a Certificate of Occupancy can be issued. Outlets which are GFI protected or have a GFI breaker will meet this Code.
[Ord. No. 8-01]
The provisions of this section shall be applicable to any premises, property and structure supporting a nonresidential use within a Residential, General Commercial or Neighborhood Commercial Zone, as established by Chapter 25, herein.
a. 
From and after the effective date of this section, it shall be unlawful to construct or install any security gate or cover extending over or across a front window or door of a nonresidential or commercial premises, property or structure shall be of a grate- or lattice-type, with a minimum of 25% of the gate area being see-through composition. No security gate shall be solid or impermeable in nature. All security gates and accompanying hardware shall be of suitable materials and maintained in a state of good repair.
b. 
From and after the effective date of this section, it shall be unlawful to construct or install security gates as provided in paragraph a. above unless a permit is obtained by the property owner or lessee or contractor from the Construction Official. The applicant for the permit shall submit proper specifications of the size, make, model, location and details required by the Construction Official.
[Ord. No. 7-02]
The within section shall be known and referred to as the Landlord Registration Section.
[Ord. No. 7-02]
The Mayor and Council of the Borough of Keyport declare that in order to promote public health, safety and welfare it is imperative that the Borough maintain an up-to-date registry of all landlords, managing agents, managers and superintendents together with a current listing of all residential and commercial tenants residing within the Borough so that municipal agencies, including but not limited to, the Borough Clerk, Police Department, Fire Department, Department of Public Works, Office of Emergency Management, Board of Health, Board of Education and other Borough, County or State agencies, may contact either the landlord, the landlord's agent or the tenant in the event such circumstances require contact concerning state of local emergencies and such other circumstances which the Borough deems necessary for the welfare of the Borough and its inhabitants, which shall be liberally construed to effectuate Borough purposes.
[Ord. No. 7-02; Ord. No. 7-11]
As used in this section, the following terms shall have the following meanings:
COMMERCIAL UNIT
Includes any rental unit of commercial or business property which will be used to engage in business or commercial activities within the Borough of Keyport.
LANDLORD
The person or persons, partnership, limited liability corporation, trust, estate or any other like entity which owns or purports to own or have an interest in any residential or commercial unit or multiple dwelling as defined herein.
MULTIPLE DWELLING
Includes any residential or commercial building or structure or mobile trailer or land used as trailer park, rented or offered for rent to one or more tenants, family units, or business entities, including all commercial properties.
RESIDENT RESIDENTIAL UNIT
Includes all rental apartments, condominiums, rental trailers or mobile home parks, single-family and two- or more family homes which are non-owner-occupied housing units, located within the Borough of Keyport. This definition includes the non-owner-occupied units of owner-occupied two-family or multiple dwellings.
[Ord. No. 7-02]
Every landlord within the Borough of Keyport shall, within 30 days of the final publication of this ordinance,[1] and thereafter by April 15th of each and every succeeding year, file a statement under oath with the Code Enforcement Officer, which statement shall contain the following information on forms provided by the Borough and available at the office of the Borough Clerk, which forms shall be supplied to each landlord:
a. 
The name and address of the registered owner of record of any multiple dwelling containing residential units.
b. 
The name and address of the rental premises.
c. 
The total amount of rental units located at the rental premises.
d. 
The name, addresses and telephone number of the managing agent or superintendent responsible for the rental property.
e. 
The name, addresses and telephone number of the on-site property manager or supervisor.
f. 
The location at each multiple dwelling unit of any area designated for storage of hazardous materials and/or flammable items at the rental location.
g. 
The name and address of every tenant occupying each residential rental unit.
h. 
The unit designation that each tenant occupies.
i. 
The location of every fire alarm box, fire extinguisher and fire fighting equipment at the residential multiple dwelling.
j. 
The location of all emergency exits (if applicable).
k. 
The total square footage of the entire rental premises.
l. 
The business and emergency telephone numbers of the owner or management agent.
m. 
The type of construction of the rental premises.
n. 
The name and address of all utility companies serving the within rental premises.
o. 
The location of any and all storage tanks and/or underground storage tanks at the rental premises.
p. 
The nature of the business or commercial activity performed.
[1]
Editor's Note: Ordinance No. 7-02, which created this subsection, was adopted March 19, 2002.
[Ord. No. 7-02]
The owner of the multiple dwelling containing commercial or residential units shall be responsible to notify the Code Enforcement Officer with regard to any of the following changes affecting the rental units within two weeks of any change occurring on forms prescribed by the Borough of Keyport:
a. 
A change in ownership;
b. 
A change in management agent or supervisor;
c. 
A change in the resident manager;
d. 
A change in occupancy of any tenant occupying commercial or residential rental unit;
e. 
A change in any of the utility service companies serving a rental unit.
[Ord. No. 7-02]
The Code Enforcement Officer shall maintain all landlord registration statements at Borough Hall and shall provide access to the Borough Clerk, Police Department, Fire Department, Department of Public Works, Office of Emergency Management, Board of Health, Board of Education and other Borough, County or State agencies for purposes of the general welfare of the Borough of Keyport.
[Ord. No. 7-02; Ord. No. 9-10]
The owner or his designate upon the filing of the landlord registration shall pay a fee to the Borough of Keyport on an annual basis, on or before May 1st, in the amount set forth hereunder:
Number of Units
Fee
For 1 to 3 rental units
$50 each unit
For 4 to 7 rental units
$45 each unit
For 8 to 10 rental units
$40 each unit
For 11 to 15 rental units
$35 each unit
For 16 to 25 rental units
$30 each unit
For 26 to 50 rental units
$25 each unit
For 51 to 100 rental units
$10 each unit
For 100 + rental units
$5 each unit
For owner-occupied two-family homes
$50 for the tenant occupied unit
[Ord. No. 7-02; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section 1-5, General Penalty, except that the minimum penalty shall not be less than $200 for a first offense and for a second or subsequent offense shall not be less than $500.
[Ord. No. 28-03]
As used in this section:
OWNER
Includes the sole owner or any part-owner, joint owner, tenant in common, tenant in partnership, joint tenant, tenant by the entirety, corporation or any other entity owning a property abutting a road or street within the Borough of Keyport.
SIDEWALKS
Includes those portions of sidewalks lying in the angles of the intersection of streets which are commonly used by the owner or pedestrian traffic.
[Ord. No. 28-03]
Maintenance and repair of sidewalks, curbs, gutters, driveways and driveway aprons along any public street, avenue, alley or lane shall be the responsibility of the abutting property owner, who shall be responsible for all costs associated with the installation, removal, repair or replacement of all abutting sidewalks, curbs, gutters, driveways or driveway aprons.
[Ord. No. 28-03]
Whenever any sidewalk, curb, gutter, driveway or driveway apron is required to be constructed, reconstructed, repaired or altered, application shall be made to the Construction Official, or his designee, for the issuance of a permit. All applications submitted shall include plans of the proposed work to be performed containing such specifications which conform to the plans submitted for the construction, repairs and alteration of the sidewalks, curbs, gutters, driveways and driveway aprons. All plans submitted shall be subject to a permit fee in the sum of $25 for each permit required.
[Ord. No. 28-03]
Should the owner or owners fail to maintain the sidewalks, curbs, gutters, driveways and driveway aprons, which are their responsibility, in accordance with the ordinances of the Borough of Keyport, the Construction Code Official, Property Maintenance Official, Code Enforcement Officer or Zoning Officer, shall by written notice served upon the owner or owners personally, or by leaving the within notice at the property location, or by forwarding said notice certified mail at the owner's last known address, a Notice of Violation, which shall identify the nature and extent of the violation and direct that the sidewalks, curbs, gutters, driveways or driveway aprons, or any parts thereof, be repaired at the cost of said owner within 30 days following the receipt of said notice.
[Ord. No. 28-03]
Every notice whether personally served upon the owner, left at the property location or sent to the owner or owners by certified mail at their last known address, shall identify the nature of the violation, the location of the violation and shall state that unless the owner or owners complete the necessary repairs within 30 days of the receipt of the notice, the owner or owners shall be deemed in violation of Borough ordinances and subject to the issuance of a summons for each day the condition goes uncorrected. The Construction Code Official, Property Maintenance Official, Code Enforcement Officer or Zoning Officer may agree to an extension of time to complete all necessary repairs not to exceed an additional 30 days. The notice shall also contain a statement indicating that unless the owner or owners complete the construction, reconstruction, repair or alteration within 30 days following service, and any extensions, a summons may issue and/or the Borough Council may cause the required work to be done and assess the cost and expense thereof on the lands affected thereby. Should the Borough of Keyport be compelled to perform any work, upon the filing of an affidavit of service with the Tax Collector, all costs associated with the construction, reconstruction, alteration or repair shall be assessed upon the abutting land affected thereby.
[Ord. No. 28-03]
a. 
In any case where the owner or owners of property abutting any public street, avenue, alley or lane shall neglect or refuse to make repairs to any sidewalk, curb, gutter, driveway or driveway apron, following the issuance of a Notice of Violation and the expiration of the time allotted to make said repairs, the Construction Code Official, Property Maintenance Officer, Code Enforcement Official or Zoning Officer shall cause a summons to be issued to the owner or owners of the property abutting the public street. Each day that the condition remains uncorrected may result in the issuance of an additional summons by the Construction Code Official, Property Maintenance Officer, Code Enforcement Official or Zoning Officer until such time as the condition is repaired or otherwise remedied.
b. 
In the event where the owner or owners of property abutting any public street, avenue, alley or lane shall neglect or refuse to make required repairs to any sidewalk, curb, gutter, driveway or driveway apron, following the issuance of a Notice of Violation, and the expiration of the time allotted to make repairs the Borough Council, in addition to the issuance of a summons as permitted in paragraph a. above, may also cause the required work to be done and assess the cost or expense thereof upon the lands affected thereby (see subsection 12-15.5).
[Ord. No. 28-03]
Any owner or owners who violate or neglect to comply with the provisions of this section or any rule or regulation promulgated herewith, shall be punishable, upon conviction thereof, pursuant to the penalties contained in the General Penalty established in Chapter I, Section 1-5 of this Code.
[Ord. No. 28-03]
Any repairs to any sidewalk, curb, driveway or driveway apron within the Borough of Keyport shall require a permit. All permits shall be through the Construction Department through the Construction Official or his/her designee. There shall be a fee of $25 for each permit required.
[Ord. No. 28-03]
a. 
Curbs and Gutters Installed. Curbs and gutters shall properly provide for the efficient disposal of stormwater drainage, prevent soil erosion and preserve the condition of roadways and thus promote the general health and welfare of the Borough.
b. 
Requirements. All curbs and gutters shall be installed as provided in this section within the Borough of Keyport. The minimum standards relating to the width of gutters, height of curbs, base material, surface material and slope shall be determined in accordance with the provisions of this section and other specifications of the Borough Engineer or, in the case of County or State roads, the proper County or State official.
c. 
Design Standards. Curbs shall be at least six inches wide at the top, at least 10 inches wide at the bottom, by 20 inches high, with a vertical back and corner radius of one inch; the curb face shall be six inches. All curbs shall be constructed of Class B concrete (3,500 pounds). Alternate types of curbing, including the installation of Belgium Block, may be installed with the approval of the Unified Planning Board, upon application of the owner or owners.
d. 
The maximum length of concrete curb sections shall be 10 feet with the preformed bituminous expansion joint filter 1/2 inch thick installed every 40 feet. The finish shall be float finish. Intermediate construction joints shall not exceed 1/4 inch in width.
e. 
Curbing shall be depressed at intersections and other appropriate locations for the access of the handicapped in compliance with the provisions of the Americans with Disabilities Act and the laws of the State of New Jersey.
f. 
The earth excavation required for the installation, construction or repair of curbing shall be replaced or disposed of by the property owner.
g. 
Belgium Block Curbing. The concrete mix shall be as specified by the Borough Engineer. Block shall be a minimum of six inches in depth and nine inches in length. Construction detail shall be provided by the Borough Engineer. The use of Belgium Block shall be by specific approval of the Unified Planning Board.
[Ord. No. 28-03]
a. 
Sidewalks, driveways and driveway aprons installed in the Borough of Keyport shall be made of concrete or brick pavers and approved by the Construction Official or his/her designee subject to the following criteria set forth in this subsection.
b. 
Minimum Thickness, Concrete. Sidewalks, driveways and driveway aprons installed within the Borough of Keyport shall conform to the following levels of thickness:
1. 
Residential walk: Four inches thick
2. 
Commercial walk: Five inches thick
3. 
Residential drive apron: Six inches thick
4. 
Commercial drive apron: Seven inches thick
5. 
Driveways: Five inches thick
c. 
Minimum Sidewalk Widths. Minimum sidewalk widths, unless otherwise determined by the Construction Official or his/her designee, the Unified Planning Board or Borough Engineer, shall conform to the following:
1. 
Residential area: four feet.
2. 
Nonresidential area: 10 feet.
d. 
Owner or owners shall be required to maintain continuous pavement from the public sidewalk abutting the public street to the main entrance of any nonresidential establishment or building.
e. 
All sidewalks constructed, altered, repaired or maintained shall be located inside the right-of-way and offset a minimum of one foot from the right-of-way line.
f. 
All sidewalks installed, constructed, altered or repaired shall have a slope of 1/4 inch per foot toward the gutter.
g. 
Sidewalks, driveways and driveway aprons shall be of one-course construction and include a float finish.
h. 
Preformed cellular joint fillers shall be placed at all expansion joints and in between the sidewalk and curb in those locations where they abut.
i. 
Other materials, such as pavers or slate (utilized in the historic districts as provided in subsection 2-7.6f may be permitted by the Unified Planning Board upon such terms and conditions as it may impose. Slate may be repaired or replaced within the historic district under such terms and conditions as may be imposed by the Borough Engineer. Any owner or owners seeking to construct, install, alter or repair sidewalks made from pavers or slate shall be required to obtain a permit in accordance with subsection 12-15.3.
j. 
All driveway aprons shall be extended four feet into the driveway from the sidewalk apron. The apron may be composed of concrete or pavers only and shall comport to all regulations articulated herein.
k. 
Zoning Approval. In those instances involving the construction, addition, installation or alteration of any new sidewalks, driveways and/or driveway aprons, the Zoning Officer shall inspect and approve the within location for said construction, prior to the issuance of any construction permits. The Zoning Officer shall insure that the proposed sidewalks, driveway and/or driveway aprons are properly set back from the abutting street and that the proposed construction comports with applicable zoning requirements within the Borough of Keyport as set forth in Chapter XXV, Land Use Regulations. Zoning approval shall not be required for the repair or replacement of existing sidewalks, driveways and driveway aprons, provided the footprint remains unchanged by the repair or replacement, however, permits as required under subsection 12-15.3 shall be required prior to the commencement of any repair or replacement.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Legislature has determined that various statutes authorized by N.J. Constitution Article VIII, Section I, paragraph 6, permitting municipalities to grant, for periods of up to five years, exemptions from taxation in areas in need of rehabilitation, have proved to be effective in prompting construction and rehabilitation of multiple-dwelling, commercial and industrial structures. The Legislature adopted Chapter 441 of the Laws of 1991 (N.J.S.A. 40A:21-1 et seq., the Five-Year Exemption and Abatement Law) so as to consolidate and make more coherent the most useful features of such statutes. Chapter 441 provides that the governing body may utilize these laws in order to reverse and to prevent trends toward deterioration. The governing body of the Borough of Keyport has previously offered such a program to residential taxpayers in the Borough of Keyport. It is now the position of the governing body that the entire Borough, including multiple-dwelling, commercial and industrial buildings, are in need of rehabilitation as set forth in the statute and that the governing body believes that by exempting for a limited period improvements from taxation to multiple dwellings, commercial establishments and industrial properties, owners and investors would be encouraged to rehabilitate said properties within the Borough of Keyport. The governing body does hereby grant tax exemptions to commercial and industrial properties and multiple dwellings, subject to the requirements specifically set forth in the within section.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
As used in § 12-16, terms shall be defined as in the Five-Year Exemption and Abatement Law.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Tax exemptions for improvement, conversion or construction of a multiple-dwelling, commercial or industrial structure shall be granted only on an individual basis after review and evaluation of each application and recommendation by the Tax Assessor to the governing body. The governing body shall review and may approve each application. A tax exemption under this section shall be granted only after approval by resolution of the governing body.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Upon approval of an exemption by the governing body, in determining the value of real property, the Borough shall regard up to the Assessor's full and true value of improvements for each multiple dwelling, or of conversions of other buildings and structures, including unutilized public buildings, to multiple dwelling use, or both, commercial property or industrial structure, primarily and directly affected by the improvement in any multiple dwelling, commercial property or industrial structure more than 20 years old, as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased thereby. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements unless there is damage to the multiple-dwelling, commercial property or industrial structure sufficient to warrant a reduction. The Borough may enter into written agreements with applicants for tax exemptions applicable to this § 12-16.4, that shall be applied for and granted on an individual basis after review, evaluation and recommendation by the Tax Assessor to the governing body.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Except for new construction projects provided for herein, the Assessor shall determine, as of October 1 of the year following the date of the completion of improvement, conversion or construction, the true taxable value thereof. The amount of tax to be paid for the first full tax year following completion shall be based on the assessed valuation of the property for the previous year, plus a prorated portion of the assessed valuation of the improvement, conversion, or construction not allowed an exemption pursuant to this act. The property shall be treated in the appropriate manner for five tax years and shall be prorated for the final tax year in which the exemption expires.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Additional improvements or construction completed on a property granted a previous exemption during the period in which the previous exemption is in effect may qualify, subject to the review and approval provisions herein, for an exemption as if such property had not received a previous exemption. The additional improvement, conversion or construction shall be considered as separate for the purposes of calculating the exemption, except that the assessed value of any previous improvement, conversion or construction shall be added to the assessed valuation as it was prior to that improvement, conversion or construction for the purpose of determining the assessed valuation of the property from which any additional abatement is to be subtracted.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Borough may enter into written agreements with applicants for tax exemption for new construction of commercial or industrial structures or multiple dwellings. All tax agreements shall be applied for and granted on an individual basis and shall be approved by ordinance of the governing body.
[Added 7-24-2018 by Ord. No. 13-18]
All applications shall be submitted pursuant to the Five-Year Exemption and Abatement Law.
[Added 7-24-2018 by Ord. No. 13-18]
a. 
An agreement shall provide for the applicant to pay to the Borough, in lieu of full property tax payments, an amount annually to be computed by one, but in no case a combination, of the following formulas:
1. 
Cost basis: The agreement may provide for the applicant to pay to the municipality, in lieu of full property tax payments, an amount equal to 2% of the cost of the project. For the purposes of the agreement, "the cost of the project" means only the cost or fair market value of direct labor and all materials used in the construction, expansion or rehabilitation of all buildings, structures and facilities at the project site, including the costs, if any, of land acquisition and land preparation, provision of access roads, utilities, drainage facilities and parking facilities, together with architectural, engineering, legal, surveying, testing and contractors' fees associated with the project; which the applicant shall cause to be certified and verified to the governing body by an independent and qualified architect, following the completion of the project.
2. 
Gross revenue basis: The agreement may provide for the applicant to pay to the municipality in lieu of full property tax payments an amount annually equal to 15% of the annual gross revenues from the project. For the purposes of the agreement, "annual gross revenues" means the total annual gross rental and other income payable to the owner of the project from the project. If in any leasing, any real estate taxes or assessments on property included in the project, any premiums for fire or other insurance on or concerning the property included in the project, or any operating or maintenance expenses ordinarily paid by the landlord, are to be paid by the tenant, then those payments shall be computed and deemed to be part of the rent and shall be included in the annual gross revenue. The tax agreement shall establish the method of computing the revenues and may establish a method of arbitration by which either the landlord or tenant may dispute the amount of payments so included in the annual gross revenue.
3. 
Tax phase-in basis: The agreement shall provide for the applicant to pay to the Borough in lieu of full property tax payments an amount equal to a percentage of taxes otherwise due, according to the following schedule:
(a) 
In the first full year after completion, no payment in lieu of taxes otherwise due;
(b) 
In the second tax year, 20% of taxes otherwise due;
(c) 
In the third tax year, 40% of taxes otherwise due;
(d) 
In the fourth tax year, 60% of taxes otherwise due; and
(e) 
In the fifth tax year, 80% of taxes otherwise due.
b. 
The formula provided for in a tax agreement under this section shall be determined on an individual basis.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
No exemption or abatement shall be granted with respect to any property for which property taxes are delinquent or remain unpaid or for which penalties for nonpayment of taxes are due.
[Added 7-24-2018 by Ord. No. 13-18]
a. 
In all cases, an applicant for an exemption pursuant to this section or to § 12-8 of this chapter 12 shall be responsible for all reasonable and actual costs incurred by the Borough in connection with authorizing and entering into tax agreements or granting of tax exemptions, including, but not limited to, reasonable legal fees incurred by the Borough and reasonable out-of-pocket third-party costs.
b. 
All applications shall be submitted pursuant to the Five-Year Exemption and Abatement Law and on a form prescribed by the Division of Taxation in the Department of Treasury and shall be filed with the Assessor within 30 calendar days following the completion of the improvement. The granting of an exemption shall be made a permanent part of the official tax records of the Borough of Keyport, which records shall contain a notice of termination date thereof.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The exemption of real property taxes shall apply to property taxes levied for municipal, school, and county government and for the purposes of funding any other property tax exemption.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Tax Assessor shall report, on or before August 1 of each year, to the Mayor and Borough Council as to the total amount of real property taxes exempted and the termination dates of each exemption within the Borough of Keyport in the current tax year under this section deemed applicable to multiple dwellings, commercial properties and industrial structures.
[Added 7-24-2018 by Ord. No. 13-18]
The governing body shall report, on or before October 1 of each year, to the Director of the Division of Local Government Services in the Department of Community Affairs and to the Director of the Division of Taxation in the Department of the Treasury the total amount of real property taxes exempted within the municipality in the current tax year.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
No exemption or abatement granted by a prior ordinance or law shall be affected or terminated by this section, but shall remain in effect for the time and under the terms granted as if the section had not been superseded or repealed. This section shall take effect immediately upon final adoption and publication according to law. Except as specifically authorized by the governing body, the exemptions or abatement under this section shall not be effective or granted for projects or improvements upon which a building permit has been issued or construction commenced prior to the effective date of this section.
[Ord. No. 10-07]
To the extent not otherwise prohibited by any other provision of this Code, it shall be unlawful to place a permanent and/or movable storage or transportation trailer of any kind, or other such storage container, upon any site within the Borough, whether to be left and/or parked/stored in an empty state, or to be used for the storage of any construction materials, other materials or goods, equipment, tools, etc., of any kind or nature whatsoever, except to the extent the said trailer, or container is being used temporarily in conjunction with an authorized and properly permitted active construction project on said site, or to the extent such storage use is authorized pursuant to the Borough's Zoning Ordinances.
[Ord. No. 21-08]
It shall be unlawful to commence any construction, demolition or reconstruction that involves grading, disturbance or excavation of soil without first installing at the site of work a fence not less than eight feet in height sufficient to reduce blowing dust and debris, to diminish visibility of construction sites and material, which fence shall be maintained until the construction at the site is substantially concluded. In the case of demolition projects, the screening fence shall be maintained until the Borough Council resolves that the site has been restored to a satisfactory condition. Said fence shall include privacy screening and shall enclose all boundaries of the site under construction or demolition.
[Ord. No. 21-08]
This section shall not apply to construction sites involving a one-unit single-family residential building. The screening provisions of this section shall apply to all other construction and demolition sites. Applications for waivers of this section must be made to the Planning Board.
[Ord. No. 10-10]
a. 
Abandoned properties create a wide range of problems for the Borough, fostering criminal activity, creating public health problems and otherwise diminishing the quality of life for residents and business operators in those areas.
b. 
Abandoned properties diminish the property values of neighboring properties and have a negative effect on the quality of life of adjacent property owners, increasing the risk of property damage through arson and vandalism and discouraging neighborhood stability and revitalization.
c. 
For these reasons, abandoned properties are presumptively considered to be nuisances, in view of their negative effects on nearby properties and the residents or users of those properties.
d. 
The continued presence of abandoned properties in the Borough acts as a significant barrier to the Borough's continued progressive development and revitalization.
e. 
The responsibility of a property owner to maintain a property in sound condition and prevent it from becoming a nuisance to others extends to properties which are not in use and "demolition by neglect," leading to the deterioration and loss of the property, or failure by an owner to comply with legitimate orders to demolish, stabilize or otherwise repair his or her property creates a presumption that the owner has abandoned the property.
[Ord. No. 10-10]
As used in this section, the following terms shall have the meanings indicated:
ABANDONED PROPERTY
Any property that is determined to be abandoned pursuant to N.J.S.A. 55:19-78 et al.
DEPARTMENT
The New Jersey Department of Community Affairs.
INTERESTED PARTY
Includes any resident of the Borough, any owner or operator of a business within the Borough, or any organization representing the interests of residents or engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.
LIENHOLDER OR MORTGAGE HOLDER
Any person or entity holding a note, mortgage or other interest secured by the building or any part thereof.
OWNER
The holder or holders of title to an abandoned property.
PROPERTY
Any building or structure and the land appurtenant thereto.
PUBLIC OFFICER
The Construction Code Official unless another person is designated by the Mayor and Borough Council to carry out the responsibilities set forth in N.J.S.A. 55:19-78 et al.
QUALIFIED REHABILITATION ENTITY
An entity organized or authorized to do business under the applicable New Jersey statutes, which shall have as one of its purposes the construction or rehabilitation of residential or nonresidential buildings, the provision of affordable housing, the restoration of abandoned property, the revitalization and improvement of urban neighborhoods, or similar purpose, and which shall be well qualified by virtue of its staff, professional consultants, financial resources, and prior activities set forth in N.J.S.A. 55:19-78 et al. to carry out the rehabilitation of abandoned buildings in the Borough.
[Ord. No. 10-10]
a. 
The Public Officer shall establish and maintain a list of abandoned property to be known as the "abandoned property list." The Borough may add properties to the abandoned property list at any time and may delete properties at any time when the Public Officer finds that the property no longer meets the definition of an abandoned property. An interested party may request that a property be included on the abandoned property list.
b. 
An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A property on which an entity other than the Borough has purchased or taken assignment from the Borough of a tax sale certificate which has been placed on the abandoned property list may be removed in accordance with N.J.S.A. 55:19-103.
c. 
List established.
[Amended 3-3-2015 by Ord. No. 6-15]
1. 
The Public Officer shall establish the abandoned property list or any additions thereto by publication in the official newspaper of the Borough, which publication shall constitute public notice, and, within 10 days after publication, shall send a notice by certified mail, return receipt requested, and by regular mail to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned, setting forth the owner of record, if known, the tax lot and block number and street address. The Public Officer, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property. The mailed notice shall indicate the factual basis for the Public Officer's finding that the property is abandoned property and specifying the information relied upon in making such finding. In all cases, a copy of the mailed or posted notice shall also be filed by the Public Officer in the Monmouth County Clerk's Office. The notice shall be indexed by the name of the property owner as defendant and the Borough as plaintiff, as though an action had been commenced by the Borough against the owner.
2. 
Any published, mailed and posted notices under this § 12-19.3 shall further advise of the need for the subject properties to be registered in accordance with § 12-19.3A below.
d. 
An owner or lienholder may challenge the inclusion of his property on the abandoned property list determined pursuant to paragraph b. of this section by appealing that determination to the Public Officer within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the Public Officer shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the abandoned property list. For good cause shown, the Public Officer shall accept a late filing of an appeal. Within 30 days of receipt of a request for an appeal of the findings contained in the notice, the Public Officer shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification by the property owner certifying that the property is not abandoned and stating the reasons for same, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation including, but not limited to, photographs, and repair invoices, bills and construction contracts. The Public Officer shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
e. 
The property owner may challenge an adverse determination of an appeal with the Public Officer, by instituting a summary proceeding in the Superior Court, Law Division, Monmouth County within 20 days of the date of the notice of decision mailed by the Public Officer. The Public Officer shall promptly remove any property from the abandoned property list that has been determined not to be abandoned on appeal.
f. 
The abandoned property list shall become effective, and the Borough shall have the right to pursue any legal remedy with respect to properties on the abandoned property list at such time as any one property has been placed on the list in accordance with the provisions of this section, upon the expiration of the period for appeal with respect to that property or upon the denial of an appeal brought by the property owner.
[Added 3-3-2015 by Ord. No. 6-15]
a. 
Generally. Effective April 1, 2015, the owner of any property included by the Public Officer on the abandoned property list created pursuant to § 12-19.3(a) above shall, within 45 days of notice being published, mailed or posted in accordance with § 12-19.3(c) above, file a registration statement for each such abandoned property with the Public Officer on forms provided by that Public Officer for such purposes.
1. 
Any owner of any property included on the abandoned property list as of the effective date of this section shall file such a registration statement on or before April 1, 2015.
b. 
Duration; renewal. The registration shall remain valid through the end of the calendar year. An owner shall be required to renew the registration on or before January 1 of each successive calendar year for so as long as the property remains on the abandoned property list and shall pay a registration or renewal fee in the amount prescribed in Subsection 12-19.3Ad below.
c. 
Registration statement. The registration statement shall include the name, street address and telephone number of a natural person 21 years of age or older, designated by the owner 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 in connection with the enforcement of any applicable code. This person must maintain an office in the State of New Jersey or reside within the State of New Jersey.
1. 
An owner who is a natural person and who meets the requirements of this section as to location of residence or office may designate him or herself as agent.
2. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner 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 Public Officer of a change of authorized agent or until the owner files a new annual registration statement. The designation of an authorized agent in no way releases the owner from any requirement of this section.
d. 
Registration fee.
[Amended 6-14-2016 by Ord. No. 10-16]
1. 
The registration fee schedule for any property included on the abandoned property list is as follows:
Annual Fee
Late Registration Fee
Initial registration
$500
$1,000
First renewal
$1,000
$1,500
Second renewal
$2,500
$3,000
Third and any subsequent renewal
$5,000
$7,500
2. 
Any owner who registered an abandoned property more than 45 days after the date by which the owner is required to register the abandoned property shall pay a late registration fee of an amount set forth above.
e. 
Updated Information. The owner shall notify the Public Officer within 30 days of any change in the registration information by filing an amended registration statement on a form provided by the Public Officer for such purpose.
f. 
Placards.
1. 
Abandoned properties formerly having commercial or industrial use shall prominently display at the main entrance a placard at least two feet by two feet in size containing the name of the owner, any agent, a current phone number for the owner or agent, the presence of any known hazardous materials, and any such other information as the Public Officer deems necessary.
2. 
Abandoned residential properties shall prominently display at or near the main entrance a placard at least 8.5 inches by 11 inches in size containing the name of the owner, any agent, a current phone number for the owner or agent, and any such other information as the Public Officer deems necessary.
3. 
In addition to the foregoing, all abandoned properties shall prominently display at or near the main/front entrance a placard obtained from the Fire Official containing such information as the Fire Official deems necessary.
4. 
All placards shall be readily visible from the outside the entryway of the main structure upon the abandoned property, and shall be placed either inside the main structure (e.g., attached to the interior side of an exterior window next to the entryway) or outside the main structure and be of, or covered in, a waterproof and moisture-proof material (e.g., laminated and attached to the door of the entryway). All information set forth in the placards must remain readily visible and legible at all times.
g. 
Admissibility. The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner of an abandoned property.
h. 
Inspections. After filing a registration statement or a renewal of a registration statement, the owner of any abandoned property shall provide access to the Borough to conduct an exterior and interior inspection of the building to determine compliance with the municipal code, following reasonable notice, during the period covered by the initial registration or any subsequent renewal. For any inspection subsequent to the annual inspection, there shall be a fee of $100 per inspection.
i. 
Violations and penalties. Any owner who is not in full compliance with the terms and provisions of this section, or who furnishes false or incorrect information, or who fails to update such information in a timely manner, shall be in violation of this section and shall, in addition to the late fees set forth in § 12-19.3Ad above, be subject to the general penalty provisions set forth in § 1-5, General penalty, of this Code.
[Ord. No. 10-10]
a. 
Notwithstanding N.J.S.A. 54:5-19 or the provisions of any other law to the contrary, if a property is included on the abandoned property list and the property taxes or other Borough liens due on the property are delinquent six or more quarters as of the date of expiration of the right to appeal inclusion on the list, or, if an appeal has been filed, as of the date that all opportunities for appeal of inclusion on the list have been exhausted, then the tax lien on the property may be sold in accordance with the procedures in the "Tax Sale Law," N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration of that time of appeal or final determination on an appeal, as appropriate. The Borough may, at its option, require that the sale of the tax sale certificate or any subsequent assignment or transfer of a tax sale certificate held by the Borough be subject to the express condition that the purchaser or assignee shall be obliged to perform and conclude any rehabilitation or repairs necessary to remove the property from the abandoned property list and to post a bond in favor of the Borough to guarantee the rehabilitation or repair of the property. The Public Officer may waive the requirement of a bond. The cost of rehabilitation and repairs and the cost of the bond shall be added to the amount required to be paid by the owner for redemption of the property. The purchaser, assignee or transferee of the tax sale certificate who is required to rehabilitate and repair the property shall be required to file the appropriate affidavits with the Tax Collector representing the amounts of monies expended periodically toward the rehabilitation or repair of the property. The tax sale certificate purchaser, assignee or transferee, under the auspices and with the authority of the Borough, shall be permitted to enter in and upon the property for the purposes of appraising the costs of rehabilitation and repair and to perform all other acts required to guarantee the completion of the rehabilitation or repair of the property. No rehabilitation or repair work shall be commenced, however, until proof of adequate liability insurance and an indemnification agreement holding the Borough harmless is filed with the Public Officer. If the tax sale certificate is not purchased at the initial auction of the tax sale certificate and the Borough purchases the certificate, then the Borough is authorized and empowered to receive all of the right, title and interest in that certificate.
b. 
Remediation.
1. 
If the Borough acquires the tax sale certificate for a property on the abandoned property list, then, upon 10 days' written notice to the property owner and any mortgagee as of the date of the filing of the lis pendens notice pursuant to N.J.S.A. 55:19-55, the Borough shall be permitted to enter upon the property and remediate any conditions that caused the property to be included on the abandoned property list. No remediation shall be commenced, however, if within that ten-day period the owner or mortgagee shall have notified the Public Officer, in writing, that the owner or mortgagee has elected to perform the remediation itself. When the owner or mortgagee elects to perform the remediation itself, it shall be required to post bond in favor of the Borough in order to ensure performance. The amount and conditions of the bond shall be determined by the Public Officer.
2. 
The certified cost of remediation incurred by the Borough shall constitute a lien upon the property first in time and right to any other lien, whether the other lien was filed prior to or after the filing of any lien by the Borough, except for Borough taxes, liens and assessments, together with any interest thereon. The certification of costs shall be filed and recorded as a lien by the Borough with the Monmouth County Clerk's Office.
c. 
Failure to Remediate.
1. 
Failure of an owner or lienholder to remove a property from the abandoned property list within the period of time for appeal of inclusion of the property shall be prima facie evidence of the intent of the owner to continue to maintain the property as abandoned property.
2. 
The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to paragraph c,1 of this subsection shall be a public purpose and public use for which the power of eminent domain may be exercised.
[Ord. No. 10-10]
a. 
An owner or lienholder may remove a property from the list of abandoned properties prior to sale of the tax sale certificate by paying all taxes and Borough liens due, including interest and penalties, and:
1. 
By posting cash or a bond equal to the cost of remediating all conditions because of which the property has been determined to be abandoned and posting cash or a bond to cover the cost of any environmental cleanup required on the property, evidenced by a certification by a licensed engineer retained by the owner and reviewed and approved by the Public Officer stating that the cash or bond adequately covers the cost of the cleanup; or
2. 
By demonstrating to the satisfaction of the Public Officer that the conditions rendering the property abandoned have been remediated in full; provided, however, that where the Public Officer finds that the owner is actively engaged in remediating the conditions because of which the property was determined to be abandoned, as evidenced by significant rehabilitation activity on the property, the Public Officer may grant an extension of time of not more than 120 days for the owner to complete all work, during which time no further proceedings will be taken against the owner or the property.
b. 
If the owner has posted cash or a bond in order to have a property removed from the abandoned property list and the conditions because of which the property was determined to be abandoned have not been fully remediated within one year of the date of posting the cash or bond, or, in the case of a property which requires a remediation of any known, suspected or threatened release of contaminants, if the owner has failed to enter into a memorandum of agreement with the Department of Environmental Protection or an administrative consent order, as the case may be, or if an agreement or order is in effect but the owner has failed to perform the remediation in conformance with the agreement or order, then the cash or bond shall be forfeited to the Borough, which shall use the cash or bond and any interest which has accrued thereon for the purpose of demolishing or rehabilitating the property or performing the environmental remediation. Any funds remaining after the property has been demolished, rehabilitated or cleaned up shall be returned to the owner.
[Ord. No. 10-10]
a. 
When anyone other than the Borough acquires a tax sale certificate for a property on the abandoned property list at tax sale, the purchaser may institute an action to foreclose the right of redemption at any time after the expiration of six months following the date of the sale of the tax sale certificate.
b. 
When the Borough is the purchaser at tax sale of any property on the abandoned property list, an action to foreclose the right of redemption may be instituted in accordance with the provisions of N.J.S.A. 54:5-77.
c. 
After the foreclosure action is instituted, the right to redeem shall exist and continue to exist until barred by the judgment of the Superior Court; provided, however, that no redemption shall be permitted except where the owner:
1. 
Posts cash or a bond equal to the cost of remediating the conditions because of which the property was determined to be abandoned, as determined by the court; or
2. 
Demonstrates to the court that the conditions because of which the property was determined to be abandoned have been remedied in full.
[Ord. No. 10-10]
Once a final judgment barring the right of redemption with respect to a property on the list of abandoned properties has been recorded, no court shall reopen such judgment at any time except on the grounds of lack of jurisdiction or fraud in the conduct of the action.
[Ord. No. 10-10]
a. 
Any property that has not been legally occupied for a period of six months and which meets any one of the following additional criteria may be deemed to be abandoned property upon a determination by the Public Officer that:
1. 
The property is in need of rehabilitation in the reasonable judgment of the Public Officer, and no rehabilitation has taken place during that six-month period;
2. 
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the Public Officer pursuant to this section;
3. 
At least one installment of property tax remains unpaid and delinquent on that property as of the date of a determination by the Public Officer pursuant to this section; or
4. 
The property has been determined to be a nuisance by the Public Officer pursuant to subsection 12-19.9 of this section.
b. 
A property which contains both residential and nonresidential space may be considered abandoned pursuant so long as 2/3 or more of the total net square footage of the building was previously legally occupied as residential space and none of the residential space has been legally occupied for at least six months at the time of the determination of abandonment by the Public Officer and the property meets the criteria of either paragraphs a,1 through a, 4 of this subsection.
[Ord. No. 10-10]
a. 
A property may be determined to be a nuisance by the Public Officer if:
1. 
The property has been found to be unfit for human habitation, occupancy or use;
2. 
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
3. 
The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the Borough has secured the property in order to prevent such hazards after the owner has failed to do so;
4. 
The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards and the owner has failed to take reasonable and necessary measures to remove the hazards; or
5. 
The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
b. 
A Public Officer who determines a property to be a nuisance pursuant to paragraphs a,1 through a, 5 of this subsection shall follow the notification procedures set forth in N.J.S.A. 40:48-2.3 et seq. with regard to unfit buildings.
[Ord. No. 10-10]
a. 
If an entity other than the Borough has purchased or taken assignment from the Borough of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be placed on the abandoned property list if: 1) the owner of the certificate has continued to pay all Borough taxes and liens on the property in the tax year when due; and 2) the owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b. 
A property which is used on a seasonal basis shall be deemed to be abandoned only if the property meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.
c. 
A determination that a property is abandoned property shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
d. 
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property, the Public Officer or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of abandoned.
[Ord. No. 10-10]
a. 
A summary action or otherwise to transfer possession and control of abandoned property in need of rehabilitation, pursuant to N.J.S.A. 55:19-84, to the Borough may be brought by the Borough in the Superior Court, Monmouth County, Law Division. If the court shall find that the property is abandoned and the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the court may authorize the Borough to take possession and control of the property and develop a rehabilitation plan.
b. 
The Borough may commence and maintain those further proceedings for the conservation, protection or disposal of the property or any part thereof that are required to rehabilitate the property, necessary to recoup the cost and expenses of rehabilitation and for the sale of the property.
c. 
Failure by the owner, mortgage holder or lienholder to submit plans for rehabilitation to the Borough, obtain appropriate construction permits for rehabilitation or, in the alternative, submit formal applications for funding the cost of rehabilitation to local, State or Federal agencies providing such funding within that six-month period shall be deemed prima facie evidence that the owner has failed to take any action to further the rehabilitation of the property.
[Ord. No. 10-10]
A complaint filed pursuant to N.J.S.A. 55:19-84 shall include:
a. 
Documentation that the property is on the municipal abandoned property list or a certification by the Public Officer that the property is abandoned; and
b. 
A statement by an individual holding appropriate professional qualifications that there are sound reasons that the building should be rehabilitated rather than demolished based upon the physical, aesthetic or historical character of the building or the relationship of the building to other buildings and lands within its immediate vicinity.
[Ord. No. 10-10]
a. 
Within 10 days of filing a complaint, the plaintiff shall file a notice of lis pendens with the Middlesex County Clerk's Office.
b. 
At least 30 days before filing the complaint, the Borough shall serve a notice of intention to take possession of an abandoned building. The notice shall inform the owner and interested parties that the property has not been legally occupied for six months and of those criteria that led to a determination of abandonment.
1. 
The notice shall provide that unless the owner or a party in interest prepares and submits a rehabilitation plan to the appropriate Borough officials, the Borough will seek to gain possession of the building to rehabilitate the property and the associated cost shall be a lien against the property, which may be satisfied by the sale of the property.
2. 
After the complaint is filed, the complaint shall be served on the parties in interest in accordance with the New Jersey Rules of Court.
c. 
After serving the notice of intent pursuant to paragraph b. of this subsection, the Public Officer may enter upon that property after written notice to the owner by certified mail, return receipt requested, in order to secure, stabilize or repair the property, or in order to inspect the property for purposes of preparing the plan to be submitted to the court.
[Ord. No. 10-10]
a. 
Any owner may defend against a complaint by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the Public Officer or the court to be the projected cost of rehabilitation. Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the court provides the owner with an extension of time for good cause shown.
b. 
A plan submitted by an owner pursuant to this subsection shall include, but not be limited to:
1. 
A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;
2. 
A budget for the rehabilitation of the property, including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;
3. 
A timetable for the completion of rehabilitation and reuse of the property, including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and
4. 
Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.
c. 
Court Approval.
1. 
The court shall approve any plan that, in the judgment of the court, is realistic and likely to result in the expeditious rehabilitation and reuse of the property which is the subject of the complaint.
2. 
If the court approves the owner's plan, then it may appoint the Public Officer to act as monitor of the owner's compliance. If the owner fails to carry out any step in the approved plan, then the Borough may apply to the court to have the owner's bond forfeited, possession of the building transferred to the Borough to complete the rehabilitation plan and authorization to use the bond proceeds for rehabilitation of the property.
3. 
The owner shall provide quarterly reports to the Borough on its activities and progress toward rehabilitation and reuse of the property. The owner shall provide those reports to the court on its activities that the court determines are necessary.
d. 
The court may reject a plan and bond if it finds that the plan does not represent a realistic and expeditious means of ensuring the rehabilitation of the property or that the owner or his representatives or agents, or both, lack the qualifications, background or other criteria necessary to ensure that the plan will be carried out successfully.
[Ord. No. 10-10]
a. 
If an owner is unsuccessful in defending against a complaint, the mortgage holder or lienholder may seek to be designated in possession of the property by submitting a plan and posting a bond with the court as required hereunder. The plan shall be submitted within 60 days after the court has rejected the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder's or lienholder's plan, it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation and reuse and may appoint the Public Officer to act as monitor of the party's compliance.
1. 
The mortgage holder or lienholder, as the case may be, shall provide quarterly reports to the court and the Borough on its activities and progress toward rehabilitation and reuse of the property.
2. 
If the mortgage holder or lienholder fails to carry out any material step in the approved plan, then the Public Officer shall notify the court, which may order the bond forfeit, grant the Borough possession of the property, and authorize the Borough to use the proceeds of the bond for rehabilitation of the property.
[Ord. No. 10-10]
a. 
If no mortgage holder or lienholder is not designated in possession of the property or does not seek to be designated in possession of the property, then the Borough shall submit a plan to the court. The plan shall designate the entity which shall implement the plan, which may be the Borough or that entity designated by the Borough.
b. 
The court shall grant the Borough possession of the property if it finds that:
1. 
The proposed rehabilitation and reuse of the property is appropriate and beneficial;
2. 
The Borough is qualified to undertake the rehabilitation and reuse of the property; and
3. 
The plan submitted by the Borough represents a realistic and timely plan for the rehabilitation and reuse of the property.
c. 
The Borough shall take all steps necessary and appropriate to further the rehabilitation and reuse of the property consistent with the plan submitted to the court.
[Ord. No. 10-10]
a. 
The Borough may remediate the property directly or may designate a qualified rehabilitation entity to act as its designee for the purpose of rehabilitation and reuse of the property consistent with the Borough's plans and objectives. This designation shall be made by resolution of the Mayor and the Borough Council.
b. 
Regardless of whether the Borough exercises its rights directly or designates a qualified rehabilitation entity, while in possession of the property, the Borough shall maintain, safeguard, and maintain insurance on the property. Notwithstanding the Borough's possession of the property, nothing shall be deemed to relieve the owner of the property of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.
[Ord. No. 10-10]
a. 
If the Borough has been granted possession of a property, the Borough shall be deemed to have an ownership interest in the property for the purpose of filing plans with public agencies and boards, seeking and obtaining construction permits and other approvals, and submitting applications for financing or other assistance to public or private entities.
1. 
For the purposes of any State program of grants or loans, including but not limited to programs of the Department of Community Affairs and the New Jersey Housing and Mortgage Finance Agency, possession of a property under this subsection shall be considered legal control of the property.
2. 
Notwithstanding the granting of possession to the Borough, nothing shall be deemed to relieve the owner of the property of any obligation the owner or any other person may have for the payment of taxes or other Borough liens and charges, or mortgages or liens to any party, whether those taxes, charges or liens are incurred before or after the granting of possession.
3. 
The granting of possession shall not suspend any obligation the owner may have as of the date of the granting of possession for payment of any operating or maintenance expense associated with the property, whether or not billed at the time of the granting of possession.
b. 
The court may approve the borrowing of funds by the Borough to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the court shall find that: 1) the Borough sought to obtain the necessary financing from the senior lienholder, which declined to provide such financing on reasonable terms; 2) the Borough sought to obtain a voluntary subordination from the senior lienholder, which refused to provide such subordination; and 3) lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded in the office of the Clerk of the County in which the property is located. For the purposes of this section, the cost of rehabilitation shall include reasonable non-construction costs such as architectural fees or construction permit fees customarily included in the financing of the rehabilitation of residential property.
c. 
Where the Borough has been granted possession by the court in the name of the Borough, the Borough may seek the approval of the court to assign its rights to another entity, which approval shall be granted by the court when it finds that: 1) the entity to which the Borough's rights will be assigned is a qualified rehabilitation entity; and 2) the assignment will further the purposes of this subsection.
d. 
Where the Borough has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide quarterly reports to the Borough on its activities and progress toward rehabilitation and reuse of the property. The Borough or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Borough or its designee have failed to take diligent action toward rehabilitation of the property within one year from the grant of possession, then the court may request the Borough to designate another qualified rehabilitation entity to exercise its rights, or if the Borough fails to do so, may terminate the order of possession and return the property to its owner.
e. 
The Borough shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Borough has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the Public Officer attesting that rehabilitation can realistically be anticipated to be complete within that time period and a statement setting forth such actions as it plans to undertake to ensure that reuse of the property takes place consistent with the plan.
[Ord. No. 10-10]
a. 
An owner may petition for reinstatement of the owner's control and possession of the property at any time after one year from the grant of possession, but no later than 30 days after the Borough has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Borough has filed notice.
b. 
The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Borough, or affect any of the terms or conditions under which the Borough has applied for or received financing for the rehabilitation of the property.
[Ord. No. 10-10]
Any petition for reinstatement of the owner's control and possession of the property shall:
a. 
Include a plan for completion of the rehabilitation and reuse of the property consistent with the plan previously approved by the court;
b. 
Provide legally binding assurances that the owner will comply with all conditions of any grant or loan secured by the Borough or repay those grants or loans in full, at the discretion of the maker of the loan or grant; and
c. 
Be accompanied by payment equal to the sum of: (1) all Borough liens outstanding on the property; (2) all costs incurred by the Borough in bringing action with respect to the property; (3) any costs incurred by the Borough not covered by grants or loans to be assumed or repaid pursuant to this subsection; and (4) any costs remaining to complete rehabilitation and reuse of the property, as determined by the Public Officer, which payment shall be placed in escrow with the Clerk of the Court pending disposition of the petition.
[Ord. No. 10-10]
a. 
Prior to the granting of a petition on the part of the owner by the court, the owner may be required to post a bond or other security in an amount determined by the court, after consultation with the Public Officer, as likely to ensure that the owner will continue to maintain the property in sound condition. That bond or other security shall be made available to the Borough to make any repair on the property in the event of a code violation which is not corrected in timely fashion by the owner. The bond or other security may be forfeited in full in the event that the owner fails to comply with any requirement imposed as a condition of the reinstatement petition.
b. 
The owner may seek approval of the court to be relieved of this requirement after five years, which shall be granted if the court finds that the owner has maintained the property in good repair during that period, that no material violations affecting the health and safety of the tenants have occurred during that period, and that the owner has remedied other violations in a timely and expeditious fashion.
[Ord. No. 10-10]
If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the entity in possession has filed a notice of completion or in any event within two years after the initial grant of possession, or if the owner fails to meet any conditions that may be set by the court in granting a reinstatement petition, upon petition from the entity in possession, the court may grant the Borough title or authorize the Borough to sell the property subject to any restrictions as may be set forth in this section.
[Ord. No. 10-10]
a. 
Where the Borough seeks to gain title to the property, it shall purchase the property for fair market value on such terms as the court shall approve and may place the proceeds of sale in escrow with the court.
1. 
The court may authorize the Borough to sell the building free and clear of liens, claims and encumbrances, in which event all such liens, claims and encumbrances shall be transferred to the proceeds of sale with the same priority as existed prior to resale, except that municipal liens shall be paid at settlement.
2. 
The proceeds of the purchase of the property shall be distributed as set forth in subsection 12-19.24 of this section.
b. 
The Borough may seek approval of the court to sell the property to a third party when the court finds that such conveyance will further the effective and timely rehabilitation and reuse of the property.
c. 
Upon approval by the court, the Borough shall sell the property on such terms and at such price as the court shall approve, and may place the proceeds of sale in escrow with the court.
[Ord. No. 10-10]
The proceeds paid shall be distributed in the following order of priority:
a. 
The costs and expenses of sale;
b. 
Other governmental liens;
c. 
Repayment of principal and interest on any borrowing or indebtedness incurred by the Borough and granted priority lien status;
d. 
A reasonable development fee to the Borough consistent with the standards for development fees established for rehabilitation programs by the New Jersey Department of Community Affairs or the New Jersey Housing and Mortgage Finance Agency;
e. 
Other valid liens and security interests, in accordance with their priority; and
f. 
The owner.
[Ord. No. 10-10]
The Public Officer, with the approval of the court, may place a lien on the property to cover any costs of the Borough in connection with the aforementioned proceedings incurred prior to the grant by the court of an order of possession, which may include costs incurred to stabilize or secure the property to ensure that it can be rehabilitated in a cost-effective manner. Any such lien shall be considered a Borough lien.
[Ord. No. 10-10]
A court may in its discretion deny a lienholder or mortgage holder any or all rights or remedies afforded lienholders and mortgage holders under this section, if the court finds that the owner of a property owns or controls more than a 50% interest in, or effective control of, the lienholder or mortgage holder or that the familial or business relationship between the lienholder or mortgage holder and the owner precludes a separate interest on the part of the lienholder or mortgage holder.
[Ord. No. 10-10]
With respect to any lien placed against any real property, the Borough shall have recourse with respect to the lien against any asset of the owner of the property, if an individual; against any asset of any partner, if a partnership; and against any asset of any owner of a 10% interest or greater, if the owner is any other business organization or entity recognized pursuant to law.
[Ord. No. 10-10]
The Borough may hold special tax sales with respect to those properties eligible for tax sale which are also on an abandoned property list. If the Borough elects to hold a special tax sale, it shall conduct that sale subject to the following provisions:
a. 
The Borough shall establish criteria for eligibility to bid on properties at the sale, which may include, but shall not be limited to: documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Borough plans and regulations; commitments by the bidder to rehabilitate or otherwise reuse the property consistent with Borough plans and regulations; commitments by the bidder to take action to foreclose on the tax lien by a date certain; and such other criteria as the Borough may determine are necessary to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest;
b. 
The Borough may establish minimum bid requirements for a special tax sale that may be less than the full amount of the taxes, interest and penalties due, the amount of such minimum bid to be at the sole discretion of the Borough, in order to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest;
c. 
The Borough may combine properties into bid packages, and require that bidders place a single bid on each package, and reject any and all bids on individual properties that have been included in bid packages;
d. 
The Borough may sell properties subject to provisions that, if the purchaser fails to carry out any commitment that has been set forth as a condition of sale pursuant to paragraph a. of this subsection or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the Borough, and any amount paid by the purchaser to the Borough at the special tax sale shall be forfeited to the Borough;
e. 
In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Borough may designate the unsuccessful but qualified bidder whose bid was closest to the successful bid as an eligible purchaser;
f. 
In the event that the purchaser of that property or bid package fails to meet any of the conditions of sale established by the Borough pursuant to this subsection, and their interest in the property or properties reverts to the Borough, the Borough may subsequently designate the entity previously designated as an eligible purchaser as the winning bidder for the property or properties, and assign the tax sale certificates to that entity on the basis of that entity's bid at the special tax sale, subject to the terms and conditions of the special tax sale.
g. 
The Borough shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the Borough pursuant to paragraphs b, c, or d. of this subsection. Nothing shall prohibit the Borough from holding a special tax sale on the same day as a standard or accelerated tax sale.
[Ord. No. 10-10]
With respect to any eminent domain proceeding carried out under a tax sale of abandoned property, the fair market value of the property shall be established on the basis of an analysis which determines independently:
a. 
The cost to rehabilitate and reuse the property for such purpose as is appropriate under existing planning and zoning regulations governing its reuse or to demolish the existing property and construct a new building on the site, including all costs ancillary to rehabilitation such as, but not limited to, marketing and legal costs;
b. 
The realistic market value of the reused property after rehabilitation or new construction, taking into account the market conditions particular to the neighborhood or subarea of the Borough in which the property is located; and
c. 
The extent to which the cost exceeds or does not exceed the market value after rehabilitation, or demolition and new construction, and the extent to which any "as is" value of the property prior to rehabilitation can be added to the cost of rehabilitation or demolition and new construction without the resulting combined cost exceeding the market value as separately determined. If the appraisal finds that the cost of rehabilitation or demolition and new construction, as appropriate, exceeds the realistic market value after rehabilitation or demolition and new construction, there shall be a rebuttable presumption in all proceedings under this subsection that the fair market value of the abandoned property is zero, and that no compensation is due the owner.
[Ord. No. 10-10]
If a property, which an entity other than the Borough has purchased or taken assignment from the Borough of a tax sale certificate, is placed on the abandoned property list, the property shall be removed from the list if the owner of the certificate pays all Borough taxes and liens due on the property within 30 days after the property is placed on the list; provided, however, that if the owner of the certificate fails to initiate foreclosure proceedings within six months after the property was first placed on the list, the property shall be restored to the abandoned property list.
[Ord. No. 10-10]
a. 
Any interested party may submit in writing a request to the Public Officer that a property be included on the abandoned property list, specifying the street address and block and lot number of the property to be included and the grounds for its inclusion. Within 30 days of receipt of any such request, the Public Officer shall provide a written response to the party, either indicating that the property will be added to the list of abandoned properties or, if not, the reasons for not adding the property to the list.
b. 
Any interested party may participate in any redetermination hearing held by the Public Officer. Upon written request by any interested party, the Public Officer shall provide the party with at least 20 days' notice of any such hearing. The party shall provide the Public Officer with notice at least 10 days before the hearing of its intention to participate and the nature of the testimony or other information that it proposes to submit at the hearing.
[Ord. No. 18-10]
The purpose of this section is to require the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property, to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Keyport so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 18-10]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of Keyport or other public body, and is designed and used for collecting and conveying stormwater. In municipalities with combined sewer systems, MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
An opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
The ocean and its estuaries, all springs, streams and bodies of surface or groundwater, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 18-10]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot biturnen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 12-20.4 below prior to the completion of the project.
[Ord. No. 18-10]
Storm drain inlets identified in subsection 12-20.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 12-20.4c below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension. Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than seven square inches, or be no greater than two inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g. end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
(a) 
A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities); or
(b) 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2 (c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 18-10]
This ordinance shall be enforced by the Code Enforcement Official of the Borough of Keyport.
[Ord. No. 18-10]
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed $1,500 for each storm drain inlet that is not retrofitted to meet the design standard.
[Added 7-24-2018 by Ord. No. 14-18]
When a rental property has become the source of at least two substantiated complaints, the landlord is required to post a bond or equivalent security to compensate for any future damage or expense suffered from future repetition of disorderly, indecent, tumultuous or riotous conduct.
[Added 7-24-2018 by Ord. No. 14-18]
The Borough Council finds, determines and declares that:
a. 
Keyport and its citizens have experienced disturbances, damage and public expense resulting from carelessly granted and inadequately supervised rentals to irresponsible tenants and/or vacationers by inept or indifferent landlords.
b. 
This section is enacted to preserve the peace and tranquility of the community for its permanent residents, and to maintain the municipality for all persons and families availing themselves of the facilities in the community.
c. 
The enactment of this section is necessary and desirable to provide a means to curb and discourage those occasional excesses arising from irresponsible rentals, seasonal or otherwise.
d. 
The Legislature of the State of New Jersey enacted N.J.S.A. 40:48-2.12n et seq., to enable certain communities to take effective action to assure that excesses, when they occur, shall not be repeated, and that landlords be held to sufficient standards of responsibility.
[Added 7-24-2018 by Ord. No. 14-18]
For the purpose of this section, the following meanings shall apply:
HEARING OFFICER
A licensed attorney of the State of New Jersey appointed by the Mayor and Council. The hearing officer shall not own or lease any real property within the Borough, nor hold any interest in the assets of or profits arising from the ownership of such property.
LANDLORD
The person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, which building contains no more than four dwelling units.
SUBSTANTIATED COMPLAINT
A complaint which may form the basis for proceedings in accordance with the provisions of this section.
[Added 7-24-2018 by Ord. No. 14-18]
a. 
If, in any twenty-four-month period, two or more complaints, on separate occasions, of conduct, including by way of example, but not limited to, simple assault, assault, terroristic threats, harassment, lewdness, urinating in public, criminal mischief, or excessive noise, upon or in proximity to any rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction as a violation of any provision of Title 2C of the New Jersey Statutes or any municipal ordinance governing disorderly conduct, the Borough Administrator or his/her designee may institute proceedings to require the landlord of the rental premises to post a bond against the consequences of future incidents of the same character.
1. 
In the event a tenant is convicted of any of the conduct described in Subsection 12-21.3a of this section, the Borough Administrator shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the municipality.
2. 
The Borough Administrator or his/her designee shall cause to be served upon the landlord, in person or by registered mail, to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated complaint(s) upon which those proceedings are based, and of the time and place at which the hearing will be held in the matter, which shall be in the Municipal Building or Municipal Court, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
b. 
At the hearing convened pursuant to § 12-21.3a2 above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.
c. 
Any bond required to be posted shall be in accordance with the judgment of the hearing officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to make reparation for:
1. 
Damages likely to be caused to public or private property consequent upon disruption of affected residents' rights of fair use and quiet enjoyment of their premises;
2. 
Securing the payment of fines and penalties likely to be levied for such offenses; and
3. 
Compensating the municipality for the costs of repressing and prosecuting such incidents of disorderly behavior; provided, however, no such bond shall be in an amount less than $500 nor more than $5,000. The municipality may enforce the bond thus required by an action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality.
d. 
Any bond or other security deposited in compliance with § 12-21.3c3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection 12-21.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by § 12-21.3c above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Mayor and Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Added 7-24-2018 by Ord. No. 14-18]
a. 
If, during the period for which a landlord is required to give security pursuant to Subsection 12-21.3 above, a substantiated complaint is recorded against the property in question, the Borough Administrator or his/her designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the period for which the security is required, or for an increase in the amount of security required, or for any or all of those purposes.
b. 
Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Subsection 12-21.3c above. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection 12-21.3c above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicates the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection 12-21.3c above.