[1972 Code § 82-1; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No. 2142-13; amended 4-5-2021 by Ord. No. 2341-21]
The International Property Maintenance Code, 2018 is hereby adopted by reference and is incorporated as if fully set forth at length herein, except such portions of the Code as are deleted, modified and/or amended in subsection 13-1.3.
[1972 Code § 82-2; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No. 2142-13; Ord. No. 2180-15; amended 4-5-2021 by Ord. No. 2341-21]
Three copies of the International Property Maintenance Code/2018, have been and are now filed in the Office of the Code Enforcement Official of the Borough of Manasquan and will remain on file in such office for use and examination by the public. Copies of the International Property Maintenance Code shall be available at the fee as stated in Chapter 16, Fees.
[1972 Code § 82-3; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No. 1632-94; Ord. No. 1633-94; Ord. No. 1672-95; Ord. No. 1759-98 §§ 1 - 8; Ord. No. 1782-99 §§ 1 - 8; Ord. No. 1789-99 § 1; Ord. No. 1795-99 § 1; Ord. No. 1980-06 § 1; Ord. No. 2142-13; Ord. No. 2174-15; Ord. No. 2180-15; amended 4-5-2021 by Ord. No. 2341-21]
The International Property Maintenance Code, 2018, is amended as follows:
Section PM 101.1:
These regulations shall be known as the Property Maintenance Code of the Borough of Manasquan hereinafter referred to as the "Code."
Section PM-106.2 is hereby amended as follows:
Any person, firm, entity or corporation violating any of the provisions of this Code shall, upon conviction hereof, be subject to a fine not to exceed $2,000 or imprisonment for a term not to exceed 90 days, or both, at the discretion of the Court having jurisdiction in this matter. The Court shall have the discretion to impose a term of community service in lieu of imprisonment. Each day that a violation continues after due notice has been served, in accordance with the terms and provisions of this chapter, shall be deemed a separate offense.
Whenever the Code Official determines that there has been a violation of this Code or has grounds to believe that a violation has occurred, notice shall be given to the owner or the person or persons responsible thereof in a manner prescribed in Sections PM-107.2 and PM-107.3, except that the Code Official shall not be required to issue a notice of violation to enforce the provisions of Sections, PM- 702.1, PM-705.5.1 or PM-705.5.3. Notices for condemnation procedures shall also comply with Section PM-108.3.
Notice shall be deemed to be properly served to property owner or violator if a copy thereof is: (a) delivered to the property owner or violator personally; or (b) delivered at the usual place of abode of the property owner or violator to someone in the family over the age of 14 years; or (c) delivered to the authorized in-county agent; or (d) sent by first class mail or electronic mail addressed to the property owner or violator at his/her last known address. If the letter is returned showing that it was not delivered, a copy of the notice shall be posted in a conspicuous place in or about the structure affected by such notice.
Section PM-111.1 is hereby deleted.
Section PM-111.2 is hereby deleted.
Section PM-111.2.1 is hereby deleted.
Section PM-111.2.2 is hereby deleted.
Section PM-111.2.6 is hereby deleted.
Section PM-111.3 is hereby deleted.
Section PM-111.8 is hereby deleted.
Section PM-111.2.6 is hereby deleted.
Section PM-111.3 is hereby deleted.
Section PM-202.2 is hereby deleted.
Section PM-303.3 is hereby amended as follows:
Homeowners shall be responsible for sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free of obstructions or from hazardous conditions. Stairs shall comply with the requirements of Sections PM-304.12.
Section PM 303.7 (Accessory Structures) is hereby amended as follows:
All accessory structures, including detached garages, fences, bulkheads, retaining walls and other walls, shall be maintained structurally sound and in good repair.
Section 302.4 is amended and supplemented as follows:
All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches.
All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rats, squirrels, rodents or other non-domestic animals or birds.
Section PM-304.12 is hereby amended as follows:
During the period from April 1st to October 1st, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.
Section 304.16 Driveway Areas is hereby amended as follows:
All driveway areas shall be: (a) composed of brick, concrete, pavement or stone cover; or (b) outlined by perimeter markings of landscape ties, bricks or similar materials or planting of a height not less than 12 inches and not more than 26 inches where the driveway meets the cartway.
No motor vehicle shall be parked or placed on property within any residential zone unless it is parked or placed upon a driveway area as defined above.
Section PM-405.3 is hereby amended as follows:
For existing structures, every room occupied for sleeping purposes by one occupant shall contain at least 60 square feet of floor area, by two occupants shall contain at least 80 square feet of floor area, by three occupants shall contain at least 120 square feet of floor area, and a maximum of four occupants shall contain at least 150 square feet of floor area. New construction or renovation of 50% or greater (commenced after December 31, 2013) must comply with Section 404.4.1 of Room Area requirements of the International Property Maintenance Code/2018.
Section PM-405.8 is hereby amended as follows:
Minimum Ceiling Heights: Habitable spaces, other than kitchens, shall have a clear ceiling height of not less than six feet 10 inches. Hallways, corridors, laundry areas, bathrooms, toilet rooms and kitchens shall have a clear ceiling height of not less than six feet 10 inches.
Beams or girders spaced not less than four feet on center and projecting not more than six inches below the required ceiling height, provided that the minimum clear height is not less than six feet eight inches.
Dropped or furred ceilings over not more than one-half of the minimum floor area required by this Code, provided that no part of such dropped or furred ceiling is less than six feet 10 inches in height.
Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least six feet 10 inches over not less than 1/3 of the required minimum floor area. Applicable for new construction or renovation of 50% of greater (commenced after December 31, 2013). In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet or more shall be included.
Basement rooms in one and two-family dwellings occupied exclusively for laundry, study or recreational purposes, having a ceiling height of not less than six feet eight inches with not less than six feet four inches of clear height under beams, girders, ducts and similar obstructions.
Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof, shall supply sufficient heat during the period from October 15th to May 15th to maintain the room temperature specified in Section PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60° F. (16° C.) during other hours.
Section PM-602.3 is amended to read as follows:
Every enclosed occupied work space shall be supplied with sufficient heat during the period from October 15 to May 15 to maintain a temperature of not less than 65° F. (18° C.) during all working hours:
New Section PM-603.8 (Carbon Monoxide Sensor Device) is hereby amended as follows:
Carbon Monoxide Sensor Device
A minimum of one approved carbon monoxide sensor device shall be installed in accordance with the provisions of N.J.S.A. 52:27D-133.3 in a building with fewer than three dwelling units.
Section PM-605.2 is amended as follows:
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Ground fault interrupter receptacles or ground fault breaker devices shall be installed in kitchens, bathrooms and laundry areas in accordance with standards established under the International Property Maintenance Code/2012 building and electrical codes.
PM-702.1 Emergency Access Route:
A clear and unobstructed path to a residential structure shall be maintained from the front entrance of the residential structure to the public right of way. The path shall be a minimum of four feet in width and shall be maintained directly to the public right of way closest to the entrance to the residential structure. The beach emergency access roadway shall be considered a public right of way. A gate or similar device shall not be considered as an obstruction of the emergency access route.
Section PM-702.9 is hereby deleted.
Section PM-705.4 (Fire Extinguishers) is hereby deleted.
Section PM-705.5 (Smoke Detectors) is hereby amended as follows:
Section PM-704.2 (Smoke Detectors):
A minimum of one approved single-station or multiple-station smoke detector shall be installed in each guestroom, suite or sleeping area in occupancies in Use Groups R-1 and I-1, and in dwelling units in the immediate vicinity of the bedrooms in occupancies in Use Groups R-2 and R-3. In all residential occupancies, smoke detectors shall be required on every story of the dwelling unit, including basements, but exclusive of garages. In dwelling units with split-levels and without an intervening door between the adjacent levels, a smoke detector installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.
A structure used or intended for use for residential purposes by not more than two households shall have installed a smoke-sensitive alarm device(s) in accordance with the provisions of N.J.S.A. 52-27D-198.1.
[1972 Code § 50-1; amended 4-5-2021 by Ord. No. 2341-21]
The owner or tenant of any lands lying within the limits of the Borough shall cut and keep cut to height of not more than 2 1/2 feet, all brush, hedges and other plant life growing within 10 feet of any street and within 25 feet of the intersection of any streets, within two days after notice from the Borough to cut the same.
[1972 Code § 50-2; New; amended 4-5-2021 by Ord. No. 2341-21]
If the owner or tenant of any lands lying within the Borough shall refuse or neglect to cut and keep cut all brush, hedges and other plant life growing within 25 feet of the intersection of any two streets within two days after notice from the Borough Council to cut same. The Department of Public Works shall perform all work necessary to correct violation.
[1972 Code § 50-3]
Notice to the owner or tenant to cut brush, hedges and other plant life growing within 10 feet of any street and within 25 feet of the intersection of any two streets may be served upon any such owner or tenant either personally or by certified mail at the address to which tax bills are sent. If such lands are unoccupied and the owners are not residents, the notice shall be mailed to his, her or their last known post office address. If such address cannot be ascertained with reasonable certainty, then the notice shall be published at least twice in a newspaper circulating in the Borough before the work is done by the Borough.
[1972 Code § 50-4; New]
In all cases where brush, hedges and other plant life are cut from any lands under the provisions of this section as hereinabove provided, the actual cost of repairs shall be assessed as a lien against the property and shall be due and payable within 30 days of the time when a written bill is served upon the property owners at the address listed in the assessment records of the Borough. This charge shall bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and the same manner as taxes.
[1972 Code § 77-1]
As used in this section:
- Shall mean any person having any legal or equitable right, title or interest in and to any lands or any part thereof.
- Shall mean all natural "persons," all corporate, partnership or other legal entities, as well as the partners, officers, directors, agents, servants and employees of such "persons."
- Shall mean any person in actual or constructive possession of any lands or any part thereof.
[1972 Code § 77-2; New]
It shall be the duty of the Chief of Police, Code Enforcement Officer or any other person authorized by the Governing Body to inspect the lands within the Borough for the purpose of ascertaining whether any lands contain any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris; and if upon inspection the Chief of Police, Code Enforcement Officer, or other person authorized by the Borough Council finds that any of the above-mentioned items do in fact exist in and upon any lands, he shall serve a violation notice on the property owner or tenant.
[1972 Code § 77-3; New; amended 4-5-2021 by Ord. No. 2341-21]
The Borough Council may, upon the receipt of a report of the Chief of Police, Code Enforcement Officer, or other person authorized to make such inspection, and upon any additional investigation or inspection that they may deem advisable, determine that it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove from such lands all such brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris; and if they shall so determine, they shall cause a written notice to be served upon such owner or tenant, or person in charge of such lands, requiring the owner or tenant, or person in charge of these lands, to remove such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or debris from such lands within one day after the serving of the notice to remove the same. In the event that the owner or tenant, or person in charge of such lands, cannot be found by reason of absence or removal from the Borough of Manasquan, or for any other reason or cause, or if such owner, tenant or person in charge resides outside the Borough of Manasquan, such notice shall be mailed in the post office in the Borough of Manasquan in an envelope with postage thereon prepaid, or electronic mail addressed to such owner, tenant or person in charge of the lands at his last known post office address as shown on the tax duplicate of the Borough of Manasquan, and if no address of the owner, tenant or person in charge of the lands shall appear upon the tax duplicate, then such notice shall be posted at some prominent or conspicuous place upon the lands, and such notice served, mailed or posted as aforesaid shall be deemed taken to be sufficient service of notice and the one-day period for removal shall be computed commencing on the day following the serving, mailing or posting of such notice.
[1972 Code § 77-4]
It shall be unlawful for any owner, tenant or person in charge of the lands to fail, refuse or neglect to remove any such items mentioned and enumerated in subsection 13-5.3 within the time prescribed in the notice given by the Mayor and Council.
[1972 Code § 77-5; New]
In the event that any owner, tenant or person in charge of the lands shall fail, refuse or neglect to remove any such items mentioned and enumerated in subsection 13-5.3 within the time prescribed in the notice given by the Borough Council, the Chief of Police, Code Enforcement Officer, or such other authorized person upon receiving written authorization from the Mayor and Council, shall provide for the removal of the items under his direction.
[1972 Code § 77-6; New; Ord. No. 2133-13; Ord. No. 2180-15]
In all cases where the items mentioned and enumerated in subsection 13-5.3 hereof are removed from the lands under the direction of the Chief of Police, Code Enforcement Officer or other person authorized for that purpose, the owner, tenant or person in charge of the lands shall be required to reimburse the Borough for all expenses, fees and costs associated with the removal of said items. The fee for each Borough-assigned worker to perform debris removal services shall be as stated in Chapter 16, Fees. The minimum fee for each Borough-assigned worker to perform debris removal services shall be as stated in Chapter 16, Fees. The Chief of Police, Code Enforcement Officer, or other authorized person shall certify the cost thereof to the Borough Council and the actual cost of repairs shall be assessed as a lien against and shall be due and payable within 30 days of the time when a written bill is served upon the property owner at the address listed in the assessment records of the Borough. This charge shall 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. A copy of the certificate showing the cost of removal shall be delivered to the Collector of Taxes.
[1972 Code § 77-7; Ord. No. 884; Ord. No. 891; New]
It shall be unlawful to throw, dump, cast or deposit paper, paper products, bottles, tin cans, containers, brush, weeds, dead or dying trees, roots, obnoxious growths, filth, garbage, trash or unused, discarded or waste materials or any other debris in or upon any public street or other public place, or to accumulate or to permit or suffer the accumulation thereof upon any private lands within the limits of the Borough; provided that this section shall not be construed to prohibit the placing of such materials as are removed from the Borough by the Sanitation Department or by the person or corporation authorized by the Borough through contract to remove the same when placed in suitable containers for that purpose, and within 24 hours of the time scheduled for removal.
[1972 Code § 77-8]
It shall be unlawful in any residential zone to store, permit or suffer to be stored upon any lands any automobile which is not capable of being used or operated, unless garaged, or any unused machinery or building materials which are not in contemplation of immediate use in the construction, repair or remodeling of any house, building or other structure on the lands.
[1972 Code § 77-9; amended 4-5-2021 by Ord. No. 2341-21]
It shall be unlawful to allow, permit or suffer any stagnant water or any mosquito or other pestilence breeding place or condition to remain or exist upon any lands or property. It is unlawful to create stagnant water on public roadway or right-of-way.
[1972 Code § 77-10]
It shall be unlawful to make, maintain, suffer or permit any fire which shall emit smoke causing or producing noxious or objectionable odors.
[Added 4-5-2021 by Ord. No. 2341-21]
No beds, mattresses, couches, chairs or other furniture not designed or intended for outdoor use, shall be placed, stored or utilized on any porch, stoop, balcony, deck, patio or other exterior location or yard of any premises, except at curbside for bulk pickup.
[Ord. No. 2058-09 § 2]
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 operated by the Borough of Manasquan so as to protect public health, safety and welfare and to prescribe penalties for the failure to comply.
[Ord. No. 2058-09 § 2]
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 included the plural number. The word "shall" is always mandatory and not merely directory.
- MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
- Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains) that is owned or operated by the Borough of Manasquan or other public body, and is designed and used for collecting and conveying stormwater.
- Shall mean any individual, corporation, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
- STORM DRAIN INLET
- Shall mean 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
- Shall mean the oceans and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 2058-09 § 2; amended 4-5-2021 by Ord. No. 2341-21]
No person in control of private property (except a residential lot with one single-family house) shall authorize the repaving, repairing (except the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), 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:
Already meets the design standard below to control passage of solid or floatable materials, or
Is retrofitted or replaced to meet the standard in subsection 13-6.4 below prior to the completion of the project.
It is unlawful for any property owner or tenant to paint any Borough curb yellow or any other color.
[Ord. No. 2058-09 § 2]
Storm drain inlets identified in subsection 13-6.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For the 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 13-6.4c below.
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:
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
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 the 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.
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.
This standard does not apply: 1) Where the Municipal Engineer agrees that this standard would cause inadequate hydraulic performance that could not be practically 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: (1) A rectangular space 4 5/8 inches long and 1 1/2 inches wide (this option does not apply for outfall netting facilities; or (ii) 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. 7:4-7.2c, 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. 2058-09 § 2]
This section shall be enforced by the Code Enforcement Official of the Borough of Manasquan.
[Ord. No. 2058-09 § 2]
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 $2,500.
[Ord. No. 2058-09 § 2]
Each subsection, sentence, clause and phrase of this section is declared to be an independent subsection, sentence, clause or phrase, and the finding or holding of any such portion of this section to be unconstitutional, void, or ineffective for any cause, or reason, shall not affect any other portion of this section.