[Editor's Note: For additional regulations concerning property maintenance, see Chapter 11, Building and Housing.]
[Ord. No. 1494 § 1; Ord. No. 1633 § 1; Ord. No. 96-35 § 1]
A certain document, three (3) copies of which are on file in the office of the Township Clerk, being marked and designated as "The BOCA National Property Maintenance Code, Fifth Edition, 1996" as published by the Building Officials and Code Administrators International, Inc., be and is hereby adopted as the Property Maintenance Code of the Township of Neptune, in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection 12-1.2.
[Ord. No. 1494 § 1; Ord. No. 1633 § 3; Ord. No. 96-35 § 3; Ord.
No. 97-15 § 1; Ord. No.
99-37 § 1; Ord. No. 04-35 § 1; Ord. No. 04-49 § 1; Ord. No. 08-06 § 1; Ord. No. 08-14 § 3; Ord. No. 10-19; Ord. No. 2014-33; Ord. No. 2015-02; Ord. No. 2016-31 § 2; Ord. No. 2017-16; Ord.
No. 2018-21]
The BOCA National Property Maintenance Code is amended and revised
in the following respects:
Page numbers refer to the location of the amendments in the
document marked and designated as "The BOCA National Property Maintenance
Code, Fifth Edition, 1996," a copy of which is on file in the Office
of the Municipal Clerk, as published by the Building Officials and
Code Administrators International, Inc. which remains in full affect
as authorized by the adoption of Ordinance No. 96-35, as amended in
Ordinance No. 04-35:
a.
Section PM-101.1 (Page 1, second line)
Insert: Township of Neptune
b.
Section PM-106.1-Unlawful Acts (Page 2)
Repeal and amend as follows:
It shall be unlawful for any person, firm, corporation, owner,
seller, purchaser or occupant to erect, construct, alter, extend,
repair, remove, demolish, maintain, fail to maintain, provide, fail
to provide, sell, buy, convey, transfer, occupy, let to another or
occupy or permit another person to occupy any premises, property,
structure, equipment, yard or vacant land regulated by this code,
or cause same to be done, contrary to or in conflict with or in violation
of any of the provisions of this code, or to fail to obey a lawful
order of the code official, or to remove or deface a placard or notice
posted under the provisions of this code.
c.
Section PM-106.2 (Pages 2-3)
Repeal and amend as follows:
Any person, firm, corporation, owner, seller, purchaser or occupant
who shall violate a provision of this code shall, upon conviction
thereof, be subject to removal from such property and/or a fine of
not less than $100.00 nor more than $1,000.00, or imprisonment for
a term not to exceed ninety (90) days, or any combination thereof,
at the discretion of the Court. Each date that a violation continues
after due notice has been served shall be deemed a separate offense.
Furthermore, if an owner or responsible person or persons are
duly notified of a violation under the ordinances of the Township
of Neptune and shall fail to correct any violation, and the code official
shall cause any public agency or by contract or arrangement through
private person(s) to close any structure or remove or clean any equipment,
rubbish, garbage or other unsanitary condition, the cost of such closure,
removal or clean-up shall be charged against the real estate upon
which the violation exists and shall be a lien upon such real estate.
d.
Section PM 107.1 (Page 3)
Add, "If the owner or the person or persons responsible therefore
are a corporation or other business entity, notice herein shall also
be given to the registered agent of the Corporation or business entity.
In the discretion of the code official, notice may also be given to
any tenant, occupant, responsible person, registered agent, in-county
agent or other person(s), corporation or entity if an interested party."
e.
Section PM 107.2 (Page 3, Paragraph 4):
Modify as follows: "4. Include a correction order allowing a
reasonable time for the repairs and improvements required to bring
the dwelling unit, structure, exterior property or vacant land into
compliance with the provisions of this code. In the event a reasonable
time period is established by statute, rule, regulation, code or other
law, this Ordinance shall incorporate and adopt the minimum time frame
as set forth in such statute, rule, regulation, code or other law
as if the time frame had been specifically established herein."
f.
Section PM-107.3 (Page 3, line 8)
After "in a conspicuous space … notice" add, "and by
regular mail to the owner and/or responsible person or persons at
the last known address."
g.
Section PM-111.1 (Page 4)
"Board of Appeals" shall be changed to "Township Committee"
h.
Sections PM-111.2 (Page 4), PM-111.2.1, PM-111.2.2, PM-111.2.3, PM-111.2.5,
PM-111.2.6 (Page 5)
Shall be deleted in their entirety.
i.
Section PM-111.3 (Page 5, second line)
"Chairman" shall be replaced with "Mayor"
j.
Section PM-111.4.1 (Page 5, second line)
"Secretary" shall be replaced with "Municipal Clerk"
k.
CORPORATION
REGISTERED AGENT
VACANT LOT OR VACANT LAND
Section PM-202.0 (Pages 7-8)
Add the following definitions:
The term "corporation" as referred to in this Ordinance shall
not be limited to corporation, as that term may be defined in a legal
sense, but shall also include any business or other ownership entity,
including but not limited to a corporation, limited liability company,
sole proprietorship, partnership, trust or estate. The term "Corporation"
as referred to herein shall also refer to any Condominium Association,
Co-op, Housing Authority, Homeowner's Association or other entity
that may have control over common areas of a multi-unit housing development.
The person, persons or corporation designated by law and
authorized to accept service on behalf of any corporation, business
entity or other ownership entity, as such designation may be made
by public record or as may be prescribed by statute, rule, regulation,
ordinance, code or other law.
Any parcel of real property having a separate and distinct
owner as designated by the tax map of the Township of Neptune and
being unoccupied and having no structures, equipment, accessory structures
or other improvements. Vacant Lot or Vacant Land shall be included
any time the Property Maintenance Code refers to exterior property.
l.
Section PM-301.2 (Page 9, line 1)
Amend as follows: The owner, operator, tenant and occupant of
the premises shall maintain the structures and exterior property .…"
In addition, add after the last sentence, "The owner, operator or
occupant of a structure or exterior property shall be responsible
for keeping the structure or exterior property clean, sanitary and
safe, but only to the extent that the operator or occupant has control
over the structure or exterior property."
m.
INOPERABLE MOTOR VEHICLE
MOTOR VEHICLE
UNLICENSED VEHICLE
Section PM-302.1 (Page 9)
Add the following definitions:
A motor vehicle that is partially or totally dismantled or
unable to travel on a highway under its own power.
A machine propelled by power other than human power, designed
to travel along the ground by use of wheels, treads, runners, or slides
and to transport persons or property or pull machinery and shall include,
without limitations, automobile, truck, motorcycle, tractor, buggy
and wagon.
A vehicle where the inspection sticker and or vehicle registration
has expired or license plates are missing or expired.
n.
Section PM-301.3 (Page 9) is hereby amended to read as follows:
All vacant structures and premises thereof, or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
herein so as not to cause a blighting problem or adversely affect
public health or safety. All structures not in compliance with this
section shall be made secure by having all openings, doors and windows
sealed with one-half inch plywood or other approved material and shall
be painted white.
o.
Section PM-303.4 (Page 10)
Add "In the event an owner or responsible person or persons
do not correct any violation under this provision within ten (10)
days after notice to cut, remove or destroy the same, the code official
shall be permitted to provide for the cutting, removal or destruction
of such condition(s) in accordance with N.J.S.A. 40:48-2.13 and may
assess a lien on the premises in accordance with the requirements
set forth in N.J.S.A. 40:48-2.14, and any other statutes, rules, regulations
or laws as may be adopted from time to time and relating thereto.
Any subsequent violation within a one-year period of time from the
initial 10-day notice shall not require any additional 10-day notices,
and shall be considered to be a continuing violation which will allow
the code official to provide for the cutting, removal or destruction
of such condition(s) in accordance with N.J.S.A. 40:48-2.13 and to
assess a lien on the premises in accordance with the requirements
set forth in N.J.S.A. 40:48-2.14, and any other statutes, rules, regulations
or laws as may be adopted from time to time and relating thereto."
p.
Section PM 303.8 (Page 10, line 4)
The section is amended to read as follows:
Except as provided for in other regulations, and subject to
§ 411.04 of the Land Development Ordinance, entitled, "Motor
Vehicle Parking in Residential Areas," not more than one currently
unregistered and/or uninspected motor vehicle shall be parked, kept
or stored on any premises, and no vehicle shall at any time be in
the state of major disassembly, disrepair or in the process of being
stripped or dismantled.
Exception: A vehicle of any type is permitted to undergo major
overhaul, including body work, provided that such work is performed
inside of a structure or similarly enclosed area designed and approved
for such purposes.
[Ord. No. 2016-31]
q.
Section PM-304.15 (Page 11, first line and second line)
Insert: May 1 — October 1
r.
Section PM-304.19 entitled Graffiti, is hereby added as follows:
No person shall place upon or in any manner deface, post hand
bills or mark with chalk, ink, paint, or any other substance upon
any structure, fence, pole, rock, tree or other object maintaining
thereon any words devices, trademarks, advertisements, graffiti, pictures
or notices not required by law to be posted. The person violating
this section, or the owner if the person violating this section is
not known, shall be responsible to restore the surface defaced to
an approved state of repair as may be required by the code official.
s.
Section PM-308.1 is hereby added as follows:
PM-308.1 Construction/Demolition Sites: All construction/demolition
sites located within the Ocean Grove Historic District shall be enclosed
with temporary safety fencing consisting of chain link fencing properly
supported with posts not less than every eight (8') feet that is not
less than four (4') feet in height and not to exceed six (6') feet
in height, surrounding the perimeter of the construction/demolition
site. This section shall apply to new construction projects, major
renovation projects and demolition projects. Determination of need
for fencing shall be made by the Construction Official.
[Ord. No. 2017-16]
t.
Section PM-308.2 is hereby added as follows:
PM-308.2 Abutting Street and Sidewalk: The abutting street and
sidewalk shall be kept free from dirt, sand and other materials. A
temporary stone tracking pad, a minimum of twelve (12') feet wide
and fifteen (15') feet long, must be installed from the curb onto
the construction site.
[Ord. No. 2017-16]
u.
Section PM-308.4 is hereby added as follows:
PM 308.4. Posting Requirement: All construction sites shall
post on site the following information: the block, lot and address
of the property; the name, address and telephone number of the General
Contractor, along with all required permits so as to be visible to
all Borough officials and sub-contractors in a weather-proof manner
at all times.
[Ord. No. 2017-16]
v.
Section PM-405.3 (Page 14):
Add, "Every room occupied for sleeping purposes shall comply
with the applicable provisions of this Code and Ordinance, including
but not limited to: light, ventilation, square footage, ceiling height,
electrical receptacles, access, smoke and carbon monoxide detectors
and emergency escape."
w.
(Reserved)
[Repealed by Ord. No. 2015-02]
x.
Add PM-508.2 as follows:
PM-508.2
Leaders and Drains: No leaders or drains shall be constructed,
installed, or maintained in such a manner as to cast rain water upon
the adjoining property of others.
y.
Section PM-602.2 (Page 17, third line)
65 degrees F (18 degrees C) shall be replaced with 68 degrees
F (20 degrees C)
z.
Section PM-602.2.1 (Page 17, fifth line)
Insert: October 1 — May 1
aa.
Section PM-602.2.1 (Page 17, seventh line)
6:30 a.m. and 10:30 p.m. shall be replaced with 6:00 a.m. and
11:00 p.m.
bb.
Section PM-602.2.1 (Page 17, eighth line)
60 degrees F (16 degrees C) shall be replaced with 65 degrees
F (18 degrees C)
cc.
Section PM-602.3 (Page 17, third line)
Insert: October — May 1
dd.
Section PM-602.3 (Page 17, fourth line)
65 degrees F (18 degrees C) shall be replaced with 68 degrees
F (20 degrees C)
ee.
Section PM 603.9 entitled Chimney certification, is hereby added
as follows:
All fuel burning vents must be inspected by a Chimney Safety
Institute of America certified chimney sweep and certification submitted
stating that the chimney/vent is free and clear of obstruction and
is substantially clean of residue and is appropriately lined and sized.
ff.
Section PM-603.10 entitled Portable heat, is hereby added as follows:
The installation or use of a portable space heater, as herein
defined, is prohibited in the Township of Neptune. Any moveable space
heater that has a heating device that produces a glowing element,
a spark or flame shall be considered a portable space heater.
gg.
Section PM-605.2 (Page 18)
Remove lines 3 & 4 and amend as follows: An electrical receptacle
must be installed within 6 feet of any water source. Such electrical
receptacles must be a GFI or GFCI outlet (Ground Fault Circuit Interrupter
Protector) if located in a residential dwelling, unit, apartment,
boarding house room or hotel or motel room. Any exterior electrical
receptacle must be a GFI or GFCI outlet (Ground Fault Circuit Interrupter
Protector).
hh.
Section PM-605.2 (Page 18, fifth line)
Add the following: Any receptacle within 6 feet of water must
be GFI (Ground Fault Circuit Interrupter Protector).
ii.
Section PM-705.5—Smoke Detectors (Page 20)
Modify Caption as follows: Section PM-705.5
Smoke detectors and carbon monoxide detectors.
Add: Before any residential dwelling is sold or leased for purposes
of occupancy, or subject to change of occupancy for residential purposes,
the owner shall obtain a certificate of smoke detector and carbon
monoxide compliance (CSDCMAC), as required by N.J.A.C. 5:70-4.19,
N.J.A.C. 5:70-2.3 and any other related statutory or administrative
code requirements as may be applicable now or in the future.
Installation of smoke detectors and carbon monoxide detectors
in new construction, rehabilitation or improvements shall be A/C powered
with battery backup, and shall be interconnected.
jj.
Chapter 9 - Certificates of Inspection; Transfer of Title and Certificates of Occupancy. [Amended 6-25-2018 by Ord. No. 2018-21; 5-24-2021
by Ord. No. 21-20]
PM 901.1 Scope
The provisions of this chapter shall govern the procedures for
a Certificate of Inspection, Transfer of Title and Certificates of
Occupancy for the sale, transfer or conveyance of property; renting
or leasing of property and installing or constructing improvements
to all properties within the boundaries of the Township of Neptune.
PM 901.2 Application forms
Applications for Certificate of Inspection, Transfer of Title,
Updates and other inspections as may be applicable to this Chapter
shall be made on the forms prescribed by the code official or by using
the online portal. Applications may be obtained by the public at the
Code Enforcement Office. The applicant must include the name of the
owner as it appears on the deed to the property, the name of the purchaser
as it is to appear on the deed to the property or tenant; and names
of each occupant, and shall be signed by the Owner, Landlord Purchaser
or Tenant or designated agent. If the Owner, Landlord, Purchaser or
Tenant is a trustee, estate, corporation or other entity, the applicant
shall also include the current name and address of the trustee, executor/administrator
or registered agent and the registered agent's address as may
be set forth in the legal documents of the entity or formation papers
of the corporation and any amendments thereto. The applicant shall
attach to the application a copy of the legal documents of formation
and any amendments thereto, to show evidence of the registration and
the name and address of the registered agent.
PM 901.3 Application
The application prescribed by the municipality to request the
code enforcement officer or construction officer to inspect a property,
structure, dwelling unit, apartment, office, store, commercial or
industrial building or other space to determine compliance or non-compliance
with the provisions of the BOCA Basic Property Maintenance Code or
any other applicable ordinances of the municipality.
Certificate of Inspection: A certificate issued by the code
officer or code enforcement office demonstrating that a property,
structure, dwelling unit, apartment, office, store, commercial or
industrial building or space is in full compliance with the provisions
of the BOCA Basic Property Maintenance Code and any other applicable
ordinances of the municipality, and which also permits occupancy in
such property, structure, dwelling unit, etc. by those person(s) or
entities included in the application.
Conditional or Temporary Certificate of Inspection: A certificate
issued by the code officer or code enforcement office demonstrating
that a property, structure, dwelling unit, apartment, office, store,
commercial or industrial building or space is in substantial compliance
with the provisions of the BOCA Basic Property Maintenance Code and
any other applicable ordinances of the municipality; does not impair
the habitability of the property, structure, dwelling unit, etc.;
and which also permits occupancy in such property, structure, dwelling
unit, etc. by those person(s) or entities included in the application.
Certificate of Transfer of Title: A certificate issued by the
code officer or code enforcement office authorizing the sale or transfer
of a property, structure, dwelling unit, apartment, office, store,
commercial or industrial building or space, and which does not permit
occupancy in such property, structure, dwelling unit, etc. by those
person(s) or entities included in the application until such time
as an application for, and issuance of, a Certificate of Inspection
or Conditional or Temporary Certificate of Inspection with Occupancy
is issued. An application for a Certificate of Inspection may be modified
to a Transfer of Title (without occupancy permitted), provided that
a revised application is submitted within 30 days of the original
application.
Certificate of Occupancy: A certificate issued by the construction
officer or construction office indicating that any new construction,
addition, remodel, renovation, demolition or other improvement has
been completed, inspected and certified to comply with the New Jersey
Uniform Construction Code.
PM 902.0 REQUIREMENTS
PM 902.1 When Required
A Certificate of Inspection must be obtained by the owner of
real property prior to the sale, transfer, lease, rental or occupancy
of any structure, dwelling unit, apartment, office, store, commercial
or industrial buildings located within the Township of Neptune. The
Certificate of Inspection shall certify that said property is in compliance
with all of the provisions of the BOCA Basic Property Maintenance
Code and all other applicable ordinances of the Township of Neptune.
PM 902.2 Certificate of Inspection
Prior to the sale, transfer, lease, rental or other conveyance
of, or permission of use, property located in the Township of Neptune
that has any structure dwelling unit, apartment, office, store, commercial
or industrial building which is or will be occupied upon the sale,
transfer, lease, rental or other conveyance of or permission to use
such property, the Seller, Landlord and/or Buyer shall obtain a Certificate
of Inspection or a Conditional or Temporary Certificate of Inspection
as may be permitted herein. An application shall be filed in the form
prescribed by the Code Enforcement Department, and shall be signed
by the Seller/Landlord, Buyer/Tenant, or other designated agents.
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1.
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A Certificate of Inspection shall be issued by the municipality
upon the inspection by the code enforcement officer of that portion
of the property to be occupied and any common area, exterior property,
accessory structures or other improvement affecting the occupancy,
provided such inspection finds that it complies with all of the provisions
of the BOCA Basic Property Maintenance Code and all other applicable
Ordinances of the Township of Neptune.
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Inspections for Condominiums, Cooperative Units, Townhouses
or similar single family housing units shall be limited to the specific
unit only for purposes of issuing a Certificate of Inspection. If
there are any violations in the common areas, notices for such violations
shall be addressed to the Association, Incorporation or other owner
and any interested party or agent, who shall then comply with the
requirements set forth in the BOCA Basic Property Maintenance Code
or any other applicable ordinances of the Township of Neptune, or
be subject to fines, penalties and/or costs as permitted by the Ordinances
of Township of Neptune.
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2.
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A Conditional or Temporary Certificate of Inspection may be
issued, in the discretion of the Code Officer, for buildings, units
or structures which are not in full compliance with the provisions
of the BOCA Basic Property Maintenance Code or any other applicable
ordinances of the Township of Neptune, provided that the code deficiencies
do not impair the habitability of the structure or impinge on the
health, safety or general welfare of the owner-occupant. Prior to
the issuance of a Conditional Certificate, the potential owner-occupant(s)
must provide the code officer with a notarized letter signed by all
potential adult occupants, which specifically enumerates the deficiencies
and states that the owner-occupant(s) accept the deficiencies and
agree to correct such deficiencies within 30 days of closing of title,
subject to extensions as may be permitted under Section PM 902.6 herein.
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For multi-family dwellings, the Code Officer, in their discretion,
may issue a Conditional or Temporary Certificate of Inspection even
if there are life safety violations in a particular apartment or unit,
providing that the specific unit will not be occupied until the life
safety violations have been corrected and a Certificate of Inspection
issued, and such violations are not in the common areas and do not
impair the habitability of the remaining apartments or units.
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Inspections for Condominiums, Cooperative Units, Townhouses
or similar single family housing units shall be limited to the specific
unit only for purposes of issuing a Certificate of Inspection. If
there are any violations in the common areas, notices for such violations
shall be addressed to the Association, Incorporation or other owner
and any interested party or agent, who shall then comply with the
requirements set forth in the BOCA Basic Property Maintenance Code
or any other applicable ordinances of the Township of Neptune, or
be subject to fines, penalties and/or costs as permitted by the Ordinances
of the Township of Neptune.
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3.
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Certificate of Transfer of Title: Upon the sale or transfer
of property located in the Township of Neptune that has any structure,
dwelling unit, apartment, office, store, commercial or industrial
building which is not occupied at the time of the inspection, and
which will not be occupied upon the closing of title, the Seller or
Purchaser, prior to the closing of title and transfer of deed, Assignment
of Lease or other legal document, may obtain a Certificate of Transfer
of Title or in lieu of a Certificate or Conditional Certificate of
Inspection. The purchaser of such a building or structure shall not
permit the building or structure to become occupied until the owner
as it appears on the deed makes an application under this chapter
for a Certificate of Inspection for owner occupancy or a sale issued
by the code enforcement office or a Certificate of Occupancy issued
by the construction department, as may be applicable.
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PM 902.3 Summer Seasonal Rentals
A Certificate of Inspection for Summer Seasonal Rentals shall
be made once prior to the initial occupancy. A summer season begins
May 23rd and ends on September 30th. A Summer Seasonal Update application
shall be submitted with the applicable fee for each change of occupants
during the summer season and shall be submitted prior to the occupancy
of those occupants. The application shall include the names of all
occupants and shall include the beginning and ending dates of that
occupancy. The update fee is as established herein.
PM 902.4 Change of Occupant
Within the first 10 days from the date of inspection an owner
or agent may change the names of the occupants, as long as the property
has not been occupied. There shall be a charge for this change. In
the event of changes or additions after 10 days from the date of inspection,
a new application shall be required
PM 902.5 Special/Emergency Inspections
Inspections may be requested or required to be made during non-regular
business hours (hours in which the Code Enforcement Department is
closed) at an additional fee as described in Section PM 903.0 FEES.
PM 902.6 Conditional or Temporary Certificate of Inspection;
Expiration
The Code Officer may, in their discretion, issue a Conditional
or Temporary Certificate of Inspection upon written notarized application
by the occupant(s) in accordance with Section PM 902.2. Any conditional
or temporary Certificate of Inspection issued pursuant to the terms
of this Ordinance shall expire within 30 days of the date of issuance
thereof. Conditional or Temporary Certificates of Inspection are renewable
with an additional notarized letter conforming to the requirements
of Section PM 902.2 and approvable by the code official, in their
discretion. The Code Officer may only issue a Conditional or Temporary
Certificate of Inspection for any property where the Purchaser or
Owner and their immediate family will be the only occupant.
PM 903.0 FEES
PM 903.1 Payment
All fees are payable to the Township of Neptune. All fees are
non-refundable and non-transferable. Applications shall be considered
incomplete and shall not be processed until all required fees are
paid in full. Incomplete applications not processed within 15 days
of receipt shall become void.
PM 903.2 Fees for Initial Certificate of Inspection; Conditional
or Temporary Certificate of Inspection; Change of Occupants for Summer
Seasonal Rental or Transfer of Title
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1.
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For applications for a Certificate of Inspection; Conditional
or Temporary Certificate of Inspection, Summer Seasonal Rental or
Transfer of Title, the fees shall be as follows:
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(a)
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If the application is received five or more business days prior
to the anticipated closing date, occupancy date or requested inspection
date:
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Commercial Uses, Detached Single-Family Dwellings, Townhouses,
Condominiums, Structures with 2 or more Dwellings, or non-residential
units
|
$150 per structure, plus $75 for each additional unit within
the same structure and to be inspected on the same date at the same
time.
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Change of Tenant (per Section 902.4)
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$25
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Hotels/Motels/Rooming and Boarding Houses, Schools/Day Care
Facilities, Nursing Homes and Health Care Centers
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$150 per structure, plus $25 per room, rooming unit or office
to be inspected on the same date at the same time.
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Transfer of Title
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$85
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Summer Seasonal Rental Fees for initial Certificate of Inspection
shall be in accordance with the fees of this section
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Summer Seasonal updates
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$25 for each occupancy change
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(b)
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If the application is received five or less business days prior
to the anticipated closing date, occupancy date or requested inspection
date, the fees under paragraph 1(a) above, shall be increased by $50
for each required inspection.
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PM 903.3 Reinspection
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1.
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Reinspections shall be limited to violations set forth in the
prior inspection report and any additional life safety, habitability
or statutorily mandated violations inspections that may be evident
or mandatory at the time of the reinspection. If the prior violations
are not corrected, or life safety, habitability or statutorily mandated
code requirements are evident, the Code Officer shall note the violations
on the inspection form and fail the inspection. The applicant would
be required to complete the repairs and apply for another reinspection.
All reinspections must be performed within 30 days of the original
inspection date. Inspections not completed within the 30 days will
be considered void and require a new application and fee to be submitted.
A thirty-day extension may be granted by the code enforcement officer
upon receipt of a written request.
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Reinspection fees: A reinspection fee shall be paid for each
and every time a code officer is scheduled to reinspect a property
to determine whether cited violations have been corrected. A Reinspection
shall be required prior to the issuance of a Certificate of Inspection
after a Conditional or Temporary Certificate of Inspection was issued.
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The fees for each reinspection shall be as follows:
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Commercial Uses, Detached Single Family Dwellings, Townhouses,
Condominiums, Structures with 2 or more Dwellings or non-residential
units
|
$50 per structure, plus $35 for each additional unit within
the same structure and to be inspected on the same date at the same
time
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Hotels/Motels/Rooming Boarding Houses, Schools/Day Care Facilities,
Nursing Homes and Healthcare Centers
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$50 plus $25 per room, rooming unit or office to be reinspected
on the same date at the same time
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Transfer of Title
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$25
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PM 903.4 Fees for inspections during non-business hours
are in addition to the regular applications fees as described in PM
903.2 and PM 903.3
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Minimum fee
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$150 up to two hours
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Each hour in excess of two hours (Any fraction of an hour shall
be considered one hour)
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$100 per hour
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PM 904.0 AUTOMATED TRASH/RECYCLING CONTAINERS
PM 904.1 Requirements
The Certificate of Inspection requirements shall include a provision
that the applicant for a Certificate of Inspection shall be responsible
to ensure that at least one automated trash container and one automated
recycling container for each housing unit will remain with the property.
The Code Enforcement Department Certificate of Inspection checklist
shall include verification that at least one trash container and one
recycling container exist for each dwelling unit.
Nothing in this chapter or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
pending 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; nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 1494 § 4; Ord. No. 1633 § 4; Ord. No. 96-35 § 4]
Nothing in this chapter or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
pending 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; nor shall any just or legal right or
remedy of any character be lost, impaired or affected by this chapter.
[Ord. No. 1491 § II]
As used in this section:
Shall mean residuals from the burning of wood, coal, coke
or other combustible materials.
Shall mean materials used to restore an excavated area to
subgrade condition.
Shall mean any structure, either temporary or permanent,
heretofore or hereafter constructed and designed or used for commercial,
residential, industrial or other use or occupancy.
Shall mean any material, raw or finished, including but not
limited to lumber, brick, plaster, gutters, roofing shingles or other
substances accumulated as a result of repairs or additions to existing
buildings, construction of new buildings or demolition of existing
structures.
Shall mean normally loose items which shall be collected
if organized into bundles of not more than four (4') feet in length
and tied with heavy twine, rope, wire, etc. Bundles shall be organized
so as to be conveniently handled by one (1) person. No bundle shall
exceed fifty (50) pounds in weight.
Shall mean those areas of the Township wherein it is impossible
to perform solid waste and recycling collection functions without
detrimental effect on the area or its businesses. Designation is at
the sole discretion of the Township Committee and may involve fees
for collection.
Shall mean any waste accumulation of dirt, dust, food, paper,
cardboard, excelsior, rags or similar materials other than household
trash, which is attendant to the operations of stores, offices or
similar businesses.
Shall mean that area of a roadway which lies between the
curblines, having a hard surface and used for vehicular traffic.
Shall mean any retail, manufacturing, wholesale, governmental,
or other nonresidential establishments, including both buildings and
grounds.
Shall mean the work required to be performed under the permit.
See Receptacle.
Shall mean the individual, group, partnership, or corporation
undertaking to do work for payment.
Shall mean the Solid Waste, Recycling and Clean Community
Coordinator for the Township.
Shall mean that construction of concrete, bituminous concrete,
brick and/or wood products with a vertical face, which is placed and
defines where the pavement and planting strip meet.
Shall mean the Township Public Works Department.
Shall mean and include the Township Director of Public Works
and his or her appointees.
Shall mean and include that portion of a right-of-way which
provides access to an off-street vehicular facility through a depression
in the constructed curb; or, when there is no constructed curb, that
area in front of such vehicular facility as is well defined or as
is designated by authorized signs or markings.
Shall mean that area of the driveway between the sidewalk
and the curb or curbline; or, where there is no sidewalk, that area
between the property line and the curbline.
Shall mean when an existing utility is leaking, broken, blocked
or otherwise malfunctioning in such a way that the health, safety,
welfare or interest of the public is endangered and immediate action
is required.
Shall mean all material removed or disturbed from its original
location.
Shall mean putrescible animal and/or vegetative waste resulting
from the handling, preparation, consumption or cooking of food, including
any fecal waste from any animal or bird (when fecal matter has been
separated from other waste and is double bagged prior to placement
for collection).
Shall mean any waste or combination of wastes which pose
a present or potential threat to human health, living organisms or
the environment, including, but not limited to, waste material that
is toxic, carcinogenic, corrosive, irritating, sensitizing, biologically
infectious, explosive, flammable or radioactive and any waste so designated
by the United States Environmental Protection Agency or the Commissioner
of the Department of Environmental Protection.
Shall mean and include but is not limited to all instruments,
supplies, containers, bandages, tubing, gloves, etc. used by health
care practitioners and facilities as described in the New Jersey Department
of Health regulations and New Jersey law, Section 306 of the Manual
of Standards for Hospital Facilities, and N.J.S.A. 2A:170-25.17.
Shall mean any waste accumulation of paper, sweepings, dirt,
dust, rags, bottles, cans or other matter of any kind, other than
garbage, attendant to housekeeping.
Shall mean any waste, including solids, semi-solids, sludges
and liquids, created by factories, processing plants or other manufacturing
enterprises.
Shall mean any non-taxable (exempt) property, whether religious,
educational, service facilities/organizations or institutional establishments,
residential or non-residential, at which garbage or trash may be generated.
Shall mean any used or unconsumed substance or waste material
which has been discarded, whether made of aluminum, glass, plastic,
rubber, paper or other natural or synthetic material, or any combination
thereof including, but not limited to, any bottle, jar or can, any
unlighted cigarette, cigar, match or any flaming or glowing material,
or any garbage, trash, refuse, debris, rubbish, grass clippings or
other lawn or garden waste, newspaper, magazines, glass, metal, plastic
or paper containers or other packaging or construction material. This
definition excludes waste from primary processes of mining or other
extraction processes, logging, saw-milling, farming or manufacturing
(Section 6d: All citations are from P.L. 1986, c. 187).
Shall mean any building or structure and land appurtenant
thereto containing two (2) or more apartments or rented or offered
for rent to two (2) or more tenants or family units.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean that area between the property line and the curb
or edge of pavement, the area between the sidewalk and property line
and the area between the sidewalk and the curb or edge of pavement.
Shall mean any and all streets, sidewalks, boulevards, municipal
or private parking lots, alleys, or other public ways, and any and
all public parks, squares, spaces, grounds, buildings and recreational
areas.
Shall mean a container constructed of such material and in
such a manner as to hold solid waste and trash and other such items
without breaking or collapsing. Receptacles shall have handles and
covers so that contents are not exposed to the weather, animals and
vermin. A disposable plastic bag shall constitute a receptacle if
it is of sufficient strength to hold its contents without breaking
when collected. The receptacle shall be of such design and weight
as to be able to be conveniently handled by one (1) person. No container
shall exceed thirty-five (35) gallons in a capacity nor weigh more
than fifty (50) pounds when loaded. Receptacles which, in the opinion
of the Department, are broken or fail to meet the requirements of
this chapter shall be classified as "garbage."
Shall mean the removal and replacement of an existing structure,
facility, area or appurtenance as required under the permit.
Shall mean any waste materials which can be returned, through
processing, to their former or alternate use. Recyclable materials
include, but are not limited to:
Aluminum cans shall mean beverage or food containers constructed
or fabricated of aluminum or its alloys.
Bimetal cans shall mean beverage or food containers which are
composed of an aluminum top and steel sides and bottoms.
Cardboard/corrugated paper shall mean and include Kraft corrugated
which has a brown liner made from Kraft paper and regular corrugated
which is gray or tan and is made from other types of paper such as
newspapers.
Glass shall mean and include all products made from silica or
sand, soda, ash and lime, the product being transparent or translucent
and being used as packaging.
Hi-grade and mixed papers shall mean and include, but is not
limited to, computer printouts, office paper and stationery.
Newspapers shall mean papers of the type commonly referred to
as "newsprint" and distributed at periodic intervals. Expressly excluded,
however, are all magazines, or other glossy surfaced periodicals and
all other paper products, e.g., wrappings from food products.
Waste oil shall mean and include used oil drained from automobiles,
motorcycles, lawnmowers, etc.
Yard waste shall mean and include, but is not limited to, leaves,
grass clippings, plant residue, tree limbs, branches and trunks.
Shall mean all putrescible and nonputrescible solid wastes
(except body wastes), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid and industrial wastes.
Shall mean such rules, schedules, and the like, promulgated
by the Director of Public Works and adopted by the Township Committee
to carry out the purpose of this section.
Shall mean restoring, patching and the like of both a temporary
and permanent nature as may be required for the protection of the
public and the structure, facility, area and/or appurtenance.
Shall mean the placing back of an existing structure, facility,
area or appurtenance in accordance with Township specifications.
Shall mean that area which is dedicated to the common benefit
or use of the public.
Shall mean all nonputrescible solid waste consisting of both
combustible and noncombustible wastes, including but not limited to
paper, wrappings, cigarettes, cardboard, tin cans, yard clippings/wastes,
leaves, wood, glass, bedding, crockery, and similar materials.
Shall mean that area designated for pedestrian traffic having
a hard surface.
Shall mean any dwelling place occupied by one (1) family.
Shall mean all garbage and rubbish normally generated by
the occupants of residential and other property, disposed of by private
and/or public collection and defined as "solid waste" by the New Jersey
Solid Waste Management Act (N.J.S.A. 13:1E-3). Items classified as
recyclables shall be prohibited from being placed commingled with
other materials. The Township is licensed by solid waste permit to
collect three (3) types of waste:
Type 10, Municipal Waste; Residential, commercial and institutional
solid waste generated within a community.
Type 13, Bulky Waste; Large items of solid waste which because
of their size or weight require handling other than normally used
for Municipal waste. Bulky waste includes, but is not limited to,
such items as tree trunks, parts of auto bodies, demolition or construction
materials, appliances, furniture and drums.
Type 23, Vegetative Waste; Includes but is not limited to, tree
limbs, branches, leaves, grass clippings, plant and flower residue.
Shall mean any right-of-way, avenue, boulevard, road, parkway,
viaduct, drive or other way which is:
An existing State, County or Municipal roadway; or
Shown upon a plat approved by the Planning Board or Zoning Board
of Adjustment and built in accordance with Township standards, and
which may be either public or private; or
Shown on a plat filed with the Office of the County Clerk prior
to the creation of the Planning Board or Zoning Board of Adjustment
of the Township; and
Not dedicated, in whole or in part, as a parking area or driveway
which provides access to any building or structures.
Shall mean those pipes and appurtenances which carry storm
water and/or ground water, including roof drains, underdrains, yard
drains and sump pump discharge pipes within the right-of-way.
Shall mean the Superintendent/ Supervisor of Public Works
Department of the Township.
Shall mean the Township of Neptune.
See Recyclable Materials. Yard waste shall be free of dirt,
rocks, and other bulky and noncombustible materials and shall be separated
for purposes of collection into grass clippings and leaves, and other
materials.
[Ord. No. 1491 § III]
It shall be unlawful for any person to throw, drop, discard,
or otherwise place litter of any nature upon any public cartway, road,
street, avenue, highway, planting strip, park and recreation area
or right-of-way of the Township or any private property, other than
in a litter receptacle or container.
[Ord. No. 1491 § IV]
It shall be unlawful for any person to discard or dump on or
along any public or private street or road or right-of-way, any household
or commercial solid waste, rubbish, refuse, junk, vehicle or vehicle
parts, rubber tires, appliances, furniture, or private property, except
clean fill with written consent of the owner of the property, in any
place not specifically designated for the purpose of solid waste storage
or disposal.
[Ord. No. 1698 § 1; Ord. No. 12-28]
a.
Any owner/tenant/occupant of any land within the boundaries of the
Township of Neptune shall keep all brush, hedges, bushes, trees, and
any other plant life growing within twenty-five (25') feet of the
intersection of two (2) roadways cut to a height of thirty (30") inches.
b.
Any owner/tenant/occupant shall maintain the trees, shrubs of that
premises to a minimum clearance of twelve (12') feet from the street
at the curb measured vertically at road grade.
[Ord. No. 1491 § V]
a.
The Township Committee shall appoint a Clean Communities Coordinator
and Deputy selected from the Public Works Department supervisory personnel
to act as liaison with Monmouth County and State of New Jersey Clean
Communities officials, to keep records, reports and to perform administrative
functions associated with the grant application and reporting process.
b.
The Township Committee shall also appoint a Clean Communities Advisory
Committee. The Committee shall consist of no fewer than four (4) members
who shall represent the following groups:
c.
Combination or use of previously established commissions or advisory
committees is permitted, providing that each group is represented.
[Ord. No. 1491 § VI]
No person shall throw, drop, discard, or otherwise place litter
in or upon any public place within the Township except in authorized
receptacles provided for collection; provided, however, that public
receptacles shall not be used by persons owning or occupying property
in the vicinity of the public receptacles for the deposit of domestic,
commercial, or industrial litter arising from the conduct of the activities.
[Ord. No. 1491 § VII]
Placement of litter receptacles and their servicing are required
at the following public places which exist in the Township: sidewalks
used by pedestrians in active, commercially zoned retail areas, at
a minimum of two hundred (200') foot intervals; buildings held out
for public use, including schools, government buildings, and railroad
and bus stations; parks; drive-in restaurants; all street vendor locations;
self-service refreshment areas; construction sites; gasoline service
station islands; shopping centers; parking lots; campgrounds and trailer
parks; marinas, boat moorage and fueling stations; boat launching
areas; piers operated for public use; beaches and bathing areas, and
at special events to which the public is invited, including but not
limited to sporting events, parades, carnivals, circuses, and festivals.
The proprietors and vendors of such places and the sponsors of such
events shall be responsible for providing and servicing receptacles
such that adequate containerization is available. Responsibility for
paper containerization, source separation, policing and processing
rests with the proprietor, vendor and/or sponsor. Items placed out
for collection by the Township Public Works Department shall be processed
so as to meet the requirements of Township Ordinance No. 1441.[1]
[Ord. No. 1491 § VIII]
No person shall cause to be deposited into any gutter, street, catch basin or other private place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property shall keep the sidewalk, planting strip and curb in front of his or her premises free of all litter and vegetative growth. All litter shall be cleaned, swept, removed, collected, properly containerized for disposal and shall be disposed of in accord with policies specified in Chapter 21 of this Code.
[Ord. No. 1491 § IX]
It shall be unlawful for any residential or commercial property
owner to permit open or overflowing waste disposal containers/bins
on his or her property.
[Ord. No. 1491 § X]
It shall be unlawful for any vehicle to be driven, moved, stopped
or parked, on any public roadway unless such vehicle is constructed,
altered or loaded so as to prevent any of its load from dropping,
sifting, leaking or otherwise escaping. Any person operating a vehicle
from which any materials which constitute litter have fallen or escaped,
which can cause an obstruction, damage a vehicle, or otherwise endanger
or inconvenience travelers or public property, shall be issued a verbal
order which shall immediately require the person to clean the public
property and pay the costs of cleanup. If cleanup does not occur within
twenty-four (24) hours, a summons shall be issued to the violator.
[Ord. No. 1491 § XI]
It shall be unlawful for any owner, agent, or contractor in
charge of a construction or demolition site to permit the accumulation
of litter before, during or immediately following completion of any
construction or demolition project. It shall be the duty of such owner,
agent or contractor to furnish containers adequate to accommodate
all debris or trash at areas convenient to construction areas, and
to maintain and empty the receptacles so as to prevent spillage of
solid wastes. Should violation occur cleanup must occur within twenty-four
(24) hours or a summons shall be issued to the violator.
[Ord. No. 1491 § XII]
It shall be the duty and obligation of the owner, lessee, tenant,
occupant or person in charge of any building to keep sidewalks, planting
strips, areaways, backyards, sideyards, courts and alleys free from
litter, obstructions, and nuisances of any kind.
[Ord. No. 1491 § XIII]
It shall be unlawful for any person to place, cause to be placed,
or hire another person to place any advertisement, handbill or unsolicited
material of any kind in or on any street, sidewalk, planting strip,
tree, pole, building or vehicle within the community in such a manner
that it may be removed by natural forces.
[Ord. No. 1491 § XIV]
This section shall be enforced in Municipal Court upon a complaint
signed by Health, Building, Code Enforcement, Police, Public Works
official(s) and/or officers of the Township, or by a private citizen.
Further, once a complaint has been signed and issued, the responsibility
for correction shall lie with the violator, and/or shall be processed
as a lien against the property and in accordance with the law.
[Ord. No. 1491 § XV]
Property owners of record shall be responsible for the cleaning, sweeping, collection, source separation and properly containing litter; purchase and placement of litter containers; and processing of litter materials for the collection as specified in the Solid Waste Services Ordinance, Chapter 21 of this Code. In the event that the owner shall refuse or fail to abate or remedy a condition which constitutes a violation of this section within twenty-four (24) hours [one (1) work day] of receiving the notice of violation, the Township may cause the condition to be abated and remedied. Upon the removal of any materials prohibited to be stored or abandoned on lands by this section by or under the direction of an appointed official, and/or officer of this jurisdiction, in cases where the owner or tenant shall have refused or neglected to remove the materials, such official and/or officer shall certify the cost(s) of corrective action thereof to the Township Business Administrator for collection.
[Ord. No. 1491 § XVI]
Fees not paid by the violator within thirty (30) days of assessment
shall constitute a lien against the property which shall be collected
via an action at law, and solid waste collection services shall cease
until full payment has been made.
[Ord. No. 1491 § XVII;
New]
a.
Each violation of this section, and each day a violation or neglect
is committed or permitted shall constitute a separate offense, and
shall be punishable as such.
[Ord. No. 08-46]
It shall be unlawful for any person or legal entity that owns
or possesses property which is contiguous or adjacent to the banks
of Deal Lake or in its watershed, to cause any tree or branch therefor
to fall, such that any portion of the tree or branch comes in contact
with the water of Deal Lake.
[Ord. No. 08-46]
It shall be unlawful for any person or legal entity that owns
or possesses real estate which is contiguous or adjacent to the banks
of Deal Lake or in its watershed, to allow a condition to exist where
any tree or branch from said real estate or the banks of Deal Lake
contiguous or adjacent thereto, shall have fallen, such that said
tree or branch contacts the water of Deal Lake or its watershed for
more than thirty (30) days.
[Ord. No. 08-46]
The Governing Body of the Township of Neptune, its agents or
designees, shall have the power to issue a complaint and summons to
cause the offending individual or public entity to order the condition
described aforesaid to be abated, ameliorated or removed as appropriate.
[Ord. No. 08-46]
It shall not be a defense that the tree or branch thereof which
has fallen such that any portion thereof contacts the water of Deal
Lake or its watershed, that the said condition was caused by a storm,
hurricane, or any act of God or that the tree or branch shall have
fallen as a consequence of disease or of the natural aging process.
[Ord. No. 08-46]
Any person or entity who violates this section or fails to comply
with any of its requirements, upon conviction thereof, be subject
to the maximum fines and penalties established under N.J.S.A. 40:49-5
and as same may be amended from time to time. Each and every day a
violation of this section shall exist shall constitute a separate
violation.
[Ord. No. 10-04]
Indiscriminate, uncontrolled, and excessive destruction, as
well as the removal and cutting of trees on lots and tracts of land
within the Township, may cause:
a.
Increased drainage control cost;
b.
Increased soil erosion and sedimentation;
c.
Decreased fertility of the soil;
d.
Degradation of water resources;
e.
Decreased groundwater-recharge;
f.
Increased buildup of atmospheric carbon;
g.
The establishment of a heat island effect;
h.
Increased dust and pollution.
|
The singular or cumulative effect of any of the foregoing could
adversely impact the character of the Township, decrease property
values, render the land unfit and unsuitable for its most appropriate
use and negatively affect the health, safety and the general welfare
of the inhabitants of the Township. The Township desires to regulate
and control indiscriminate and excessive cutting of trees within the
Township. The Township strives to preserve the maximum possible number
of trees in the course of development of a site as well as protect
larger, older specimens of trees. Additionally, the Township seeks
to encourage innovative design and grading, promote the preservation
of existing trees and provide a plan for replacement of trees. It
is recognized that there is a strong relationship between the integrity
of the Township's water resources, development on steep slopes, tree
removal, soil disturbance, stormwater management and the general use
of the land resources. Therefore, the Township finds that the appropriate
management of these resources is an important health, safety and general
welfare concern.
|
|
Trees are declared to be an important cultural, ecological,
scenic and economic resource. Proper management of this resource will
ensure its maintenance and result in economic returns. A management
program is intended to meet the objectives of preserving, protecting,
enhancing and maintaining trees and providing opportunities for the
continued use of forest resources and are compatible with the maintenance
of the environment. This will be accomplished by ensuring management
of forest and trees through the application of sound management practices.
|
[Ord. No. 10-04]
There shall be appointed and designated, an official whose formal
title shall be that of Conservation Officer or designee of the Township
of Neptune. This official shall be charged with the inspection of
sites upon which there is an application for site plan approval or
for subdivision approval in regard to the provisions of this section,
and with the inspection and enforcement of the tree removal and protection
requirements of this section.
[Ord. No. 10-04]
Subject to the exemptions set forth, no person shall cut or
remove, or cause to be cut or removed, any tree with a diameter at
point of measurement (DPM) of four (4") inches or greater upon any
lands within the Township, unless the cutting or removal is accomplished
in accordance with the provisions of this section.
[Ord. No. 10-04]
a.
Permit Required.
1.
No person shall remove or destroy or cause to be or allow to be removed
or destroyed any tree without first obtaining a tree removal permit.
Tree removal permits shall be issued by the Zoning Officer or designee
after appropriate inspection by the Conservation Officer. A permit
is required for the removal of all trees of four (4") inch caliper
or larger.
2.
Existing single-family residential property shall be exempt from
the requirements of this section, provided that said homeowner is
clearing one (1) acre or less of area.
b.
Permit Application. Application for a permit shall be made to the
Zoning Officer and shall contain the following information:
1.
The name and address of the applicant.
2.
The name and address of the owner of the property from which the
tree(s) are to be removed.
3.
Location on the property of the tree(s) to be removed, indicated
on a plan as follows:
4.
The plan shall indicate all tree(s) to be removed, specifically by
an assigned number, and the caliper of each tree.
5.
The plan shall indicate all tree(s) to remain, specifically by an
assigned number.
6.
The plan shall indicate a limit of disturbance line (i.e., where
the four (4') foot high standard wood snow fence will be erected if
required by the Conservation Officer).
7.
For any clearing greater than (3) three acres, a representative five
(5%) percent of the wooded areas proposed to be cleared shall be inventoried.
The representative five (5%) percent shall be determined by agreement
between the Conservation Officer and the applicant. Where less than
(3) three acres is proposed to be cleared, all trees to be removed
shall be inventoried.
8.
All trees greater than twenty (20") inches in caliper or any specimen
trees (i.e. any unique or remarkable tree or species) to be removed
shall be indicated on the plan. All reasonable efforts shall be made
to preserve such trees, including but not limited to, if feasible,
relocation of infrastructure, roadways, and buildings. Removal of
such trees shall require the specific written approval of the Conservation
Officer.
9.
Any other information which may reasonably be required to enable
the application to be properly evaluated.
[Ord. No. 10-04]
The Conservation Officer or designee shall inspect the trees
which are the subject of the application, the drainage incidental
thereto, other physical conditions existing on the property, and the
impact upon adjacent properties.
[Ord. No. 10-04]
Where an application is made in connection with the construction
of a building or other land use improvement, no zoning permit shall
be issued until the tree removal permit has been granted, or an exemption
granted.
[Ord. No. 10-04]
a.
Existing Residential Property. If the application is on behalf of
an existing homeowners' association and it is disclosed that the total
number of trees to be removed or destroyed on the property or open
space area in question, which are the subject of the application,
is ten (10) or less, the permit shall be issued without replacement
trees required. Within a one (1) year period, permits may be used
for removal of no more than ten (10) trees on the same property without
replacement trees being required. Any tree removal occurring where
a homeowners' association exists must obtain formal approval by the
ruling body of the association prior to obtaining a tree removal permit.
b.
New Residential Development.
1.
If the application is for a new residential development (subdivisions
or site plans), up to fifty (50%) percent of the trees may be removed
for the sole purpose of clearing for the building envelope, driveways
and yard space for said building lots only without replacement trees
required.
2.
For new residential development where tree removal is to occur within
public or private roadways or rights-of-way, drainage facilities,
parking areas or proposed open space, all trees are not subject to
replacement in accordance with this section.
c.
Agricultural Operations. Agricultural operations are exempt from
replacement requirements providing the property in question is farmed
for a minimum of five (5) years after the date of clearing. An application
must be submitted prior to clearing. If the property is developed
for any other use before the five (5) years expire, the replacement
obligation shall be enforced according to the new use of the property.
d.
Nonresidential Development. All commercial and industrial developments
are required to replace all trees removed in accordance with this
section.
e.
Sparse Land/Major Subdivisions and Site Plans. In regard to major
subdivisions and site plans, lots with tree cover less than thirty
(30%) percent shall be required to plant a minimum of 1.5 trees per
ten thousand (10,000) square feet or less of open field. The owner/applicant
shall have a qualified professional calculate the total required trees
to be distributed in accordance with a landscape plan of the entire
project, which shall be approved by the Conservation Officer.
f.
Tree Escrow Fund Established. Tree Escrow Fund shall be established
by the Township to promote environmental enhancement programs such
as tree planting, tree preservation, park development, landscaping
and/or other related projects on or within municipality-owned properties
or facilities. A separate trust account shall be established for this
purpose under the supervision of the Township Treasurer. Appropriations
from the Tree Escrow Fund shall be authorized by the Mayor and Township
Committee and shall be used for a municipal purpose pursuant to the
recommendations of the Zoning Officer, the Conservation Officer, the
Township Planner and/or the Shade Tree Commission.
g.
Replacement Tree Value Calculations.
1.
The replacement value of all trees to be removed where replacement
trees are required by this section shall be calculated as follows:
|
Table 5.11: Replacement Tree Calculations
Replacement Trees
| |||
|---|---|---|---|
|
Trees to be Removed: Caliper
|
Number
|
Caliper
|
Dollar Amount
|
|
Greater than 6" & up to 12"
|
1
|
2-2-1/2"
|
$240.00
|
|
Greater than 12" & up to 18"
|
3
|
2-2-1/2"
|
$660.00
|
|
Greater than 18" & up to 24"
|
6
|
3"
|
$2,440.00
|
|
Greater than 24"
|
8
|
3"
|
$3,680.00
|
2.
Dead and diseased trees are not counted as trees to be replaced.
3.
The applicant will receive a one and one-half (1 1/2) for one
(1) replacement tree credit should stands of eight (8) or more trees
greater than four (4") inches in caliper be preserved within tree
removal areas.
4.
All replacement trees shall be planted on site unless one or more
of the following conditions exist: (A) the site in question cannot
physically accommodate the total replacement amount of trees. The
applicant shall contribute an amount equal to the calculated monetary
value of the removed trees minus the value of the proposed landscaping
to the Township Tree Escrow Funds, as required herein; (B) due to
unique site conditions, the Conservation Officer and applicant agree
in writing that the applicant shall make payment to the Township Tree
Escrow Fund based upon the above chart.
h.
Trees replaced according to the foregoing calculations shall not
be construed to satisfy other street tree and landscaping quantity
requirements contained elsewhere in this chapter.
[Ord. No. 10-04]
Upon application for a tree removal permit, the applicant shall
be charged the following fees:
[Ord. No. 10-04]
All tree removal permits shall be limited to one (1) year from
the date of issuance. If the approved tree removal has not occurred
within one (1) year, a new permit must be applied for and is subject
to the payment of new fees.
[Ord. No. 10-04]
The Conservation Officer may approve the removal of a tree if
any of the following criteria apply:
a.
The tree is located in a parcel for which preliminary or final subdivision
approval has been obtained, and it unreasonably restricts the economic
enjoyment of the property and cannot be relocated on the site because
of its age, type or size.
b.
The tree is dead, diseased, injured, in danger of falling, interferes
with existing utility service, created an unsafe condition, or conflicts
with any other ordinances or regulations.
[Ord. No. 10-04]
The requirements of this section shall be enforced by the Conservation
Officer, who shall inspect or require adequate inspection of all sites
upon which there is an application for site plan or subdivision, all
applicable tree removal or destruction and soil removal incidental
thereto, and for compliance with other pertinent conditions of approval
from the Planning Board/Zoning Board. Upon ascertaining a violation
of this section, the Conservation Officer shall refer charges in the
Municipal Court as provided in this section. In addition to other
remedies, the Director of Code Enforcement and Construction, Zoning
Officer or other proper municipal official may institute any appropriate
legal action to prevent a continuing violation of the terms of this
section.
[Ord. No. 2014-36]
a.
The Township Committee finds and declares that:
1.
Abandoned properties, particularly those located within urban areas
or in close proximity to occupied residences and businesses, create
a wide range of problems for the communities in which they are located,
fostering criminal activity, creating public health problems and otherwise
diminishing the quality of life for residents and business operators
in those areas.
2.
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.
3.
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.
4.
The continued presence of abandoned properties in New Jersey's communities
acts as a significant barrier to urban revitalization and to the regeneration
of the State's urban centers.
5.
Abandonment is a local problem that must be addressed locally and
the most important role of State government is to provide local governments,
local community organizations, citizens, and residents with the tools
to address the problem.
6.
The responsibility of a property owner and in some cases the lienholder
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 and in some cases the lienholder
to comply with legitimate orders to demolish, stabilize or otherwise
repair his or her or its property creates a presumption that the owner
and in some cases the lienholder has abandoned the property.
7.
Many abandoned buildings still have potential value for residential
and other uses and such buildings should be preserved rather than
demolished wherever feasible, particularly buildings that have historic
or architectural value, or contribute to maintaining the character
of neighborhoods or streetscapes, or both, as the case may be.
[Ord. No. 2014-36; Ord. No. 2015-26; Ord.
No. 2016-40; Ord. No. 2018-17]
a.
ABANDONED PROPERTY
BUILDING
DEPARTMENT
LIENHOLDER OR MORTGAGE HOLDER
MUNICIPALITY
OWNER
PARTIES IN INTEREST
PROPERTY
PUBLIC AUTHORITY
PUBLIC OFFICER
SUMMER SEASON
THE TOWNSHIP COMMITTEE OF NEPTUNE TOWNSHIP
VACANT PROPERTY
As used herein:
Shall mean any property that is determined to be abandoned
pursuant to this section.
Shall mean 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.
Shall mean the New Jersey Department of Community Affairs.
Shall mean any person or entity holding a note, mortgage
or other interest secured by the building or any part thereof.
Shall mean the Township of Neptune.
Shall mean the holder or holders of title to a vacant and/or
abandoned property.
Shall mean all individuals, associations and corporations
who have interests of record in building and any who are in actual
possession thereof.
Shall mean any building or structure and the land appurtenant
thereto.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the municipality
relating to health, fire, building regulations, or to other activities
concerning buildings in the municipality.
Shall mean the officer, officers, board or body who is or
are authorized by ordinances adopted hereunder to exercise the powers
prescribed by such ordinances and by this section. In this case, the
person so designated by Neptune Township pursuant to this section
shall be the Director of Code and Construction or his or her designee.
Notwithstanding any other provision of the law to the contrary, nothing
shall prevent the municipality from designating more than one public
officer for different purposes as provided by law. Wherever "Director
of Code and Construction" is cited in this section, it will be with
the understanding that it is the "Director of Code and Construction
or his or her designee," unless State or Federal Law limits due to
licensing or other means the action of a "Director of Code and Construction.
[Ord. No. 2018-17]
Shall mean for purpose of this section, May 15th through
September 15th of each year.
Shall mean the Committee, or other legislative body, charged
with governing a municipality.
Shall mean any building to be used as a residence or for
commercial or industrial purposes, which is not legally occupied or
used for its accustomed and ordinary purpose for a period of six (6)
months or more. In the case of the use of residential property, "used
for its accustomed and ordinary purpose" means as a place of abode.
(Black's Law Dictionary) Property which is used for the summer season
(seasonal basis) as defined above, shall not be deemed vacant for
purposes of this section. Property determined to be "abandoned" under
this section must be determined to be "vacant" for purposes of this
section. The date that the Public Officer reports as the date he or
she determines vacancy shall be the commencement date for the six
(6) month vacancy period.
[Ord. No. 2014-36]
a.
Except as otherwise provided in this section, any property that has
not been legally occupied for a period of six (6) months or more 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 6-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 (6) 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 in accordance with Chapter 4 of Title 54 of the Revised Statutes as of the date of determination by the Public Officer pursuant to this section; or
4.
The property has been determined to be a nuisance by the Public Officer
in accordance with local ordinances and State Statute.
[Ord. No. 2014-36]
a.
A property may be determined to be a nuisance if;
1.
The property has been found to be unfit for human habitation, occupancy
or use pursuant to State Statute and/or local ordinance;
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 and in some cases the lienholder
has failed to take reasonable and necessary measures to secure the
property; or the municipality has secured the property in order to
prevent such hazards after the owner and in some cases the lienholder
has failed to so do;
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.
[Ord. No. 2014-36]
a.
If an entity other than the municipality has purchased or taken assignment
from the municipality of a tax sale certificate on an unoccupied property,
that property shall not be deemed to be abandoned if (1) the owner
of the certificate has continued to pay all municipal taxes and liens
on the property in the tax year when due; (2) the owner of the certificate
takes action to initiate foreclosure proceedings within six (6) months
after the property is eligible for foreclosure and (3) the Public
Officer has determined that the property is not a nuisance pursuant
to Ordinance or that in the discretion of the Public Officer, the
owner of the certificate has acted in good faith to repair and/or
rehabilitate the property by its actions and through applications
where necessary before this Historic Preservation Commission, Planning
Board and/or Zoning Board of Adjustment and/or Zoning Department.
[Ord. No. 2014-36]
a.
This section hereby appoints the Director of Code and Construction
as the Public Officer and directs the Public Officer to identify abandoned
property for the purpose of establishing an abandoned property list
throughout the municipality, or within those parts of the municipality
as the Governing Body may designate by resolution. Each item of abandoned
property so identified shall include the tax block and lot number,
the name of the owner of record, if known, and the street address
of the lot.
b.
The Public Officer shall establish and maintain a list of abandoned
property, to be known as the "abandoned property list." The municipality
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 following that procedure set forth by this
section and/or Statute N.J.S.A. 55:19-105. 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 municipality
has purchased or taken assignment from the municipality of a tax sale
certificate which has been placed on the abandoned property list may
be removed in accordance with the provisions of this section or N.J.S.A.
55:19-103.
c.
The Public Officer, within ten (10) days of the establishment of the abandoned property list, or any additions thereto, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of records and all lienholders of every property included on the list and shall cause the list to be published in the official newspaper of the municipality, which publication shall constitute public notice. 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 received a duplicate copy of the tax bill pursuant to subsection d of N.J.S.A. 54:4-64. When the owner of record and/or lienholder 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 in the manner as provided in Section 5 of P.L.1942, c.112 (C.40:48-2-7). The mailed notice shall indicate the factual basis for the Public Officer's finding that the property is abandoned property as that term is defined in Section 35 of P.L.1996, c.62 (C.55:19-54) and the rules and regulations promulgated thereunder, specifying the information relied upon in making such finding. In all cases a copy of the mailed or opposed notice shall also be filed by the Public Officer in the office of the county clerk or register of deeds and mortgages, as the case may be, of the county wherein the property is situate. This filing shall have the same force and effect as a Notice of Lis Pendens under N.J.S.A. 2A:15-6. The notice shall be indexed by the name of the property owner and lienholders as defendants and the name of the municipality as plaintiff, as though an action had been commenced by the municipality against the owner and/or lienholder.
d.
An owner or lienholder may challenge the inclusion of his property
on the abandoned property list determined pursuant of paragraph b
of this subsection by appealing that determination to the Public Officer
within thirty (30) days of the owner's receipt of the certified notice
or forty (40) days from the date upon which the notice was sent. An
owner whose identity was not known to the Public Officer shall have
forty (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 thirty (30) days of
receipt of a request for an appeal of the findings contained in the
notice pursuant to paragraph c of this subsection, 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 and/or lienholder, through the submission of an affidavit
or certification by the property owner and/or lienholder averring
that the property is not abandoned and stating the reasons for such
averment, can demonstrate that the property was erroneously included
on the list. The affidavit or certification shall be accompanied by
supporting documentation, such as but not limited to photographs,
repair invoices, bills and construction contracts. The sole ground
for appeal shall be the property in question is not abandoned property
as that term is defined by this section and/or State Statute. The
Public Officer shall decide any timely filed appeal within ten (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 and in some cases the lienholder may challenge
an adverse determination of an appeal with the Public Officer pursuant
to paragraph d of this subsection, by instituting, in accordance with
the New Jersey Court Rules, a summary proceeding in the Superior Court,
Law Division, sitting in the county in which the property is located,
which action shall be tried de novo. Such action shall be instituted
within twenty (20) days of the date of the notice of decision mailed
by the Public Officer pursuant to paragraph d of this subsection.
The sole ground for appeal shall be that the property in question
is not abandoned property as that term is defined by this section
and/or State Statute. The failure to institute an action of appeal
on a timely basis shall constitute a jurisdictional bar to challenging
the adverse determination, except that, for good cause shown, the
court may extend the deadline for instituting the action.
f.
The Public Officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal.
g.
The abandoned property list shall become effective, and the municipality
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.
[Ord. No. 2014-36]
If a property, which an entity other than the municipality has
purchased or taken assignment from the municipality 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 municipal taxes and liens due on the property within thirty (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 (6) months after the property was first placed
on the list, the property shall be restored to the abandoned property
list.
[Ord. No. 2014-36; Ord. No. 2015-43; Ord.
No. 2016-40]
a.
The owner and in some cases the lienholder of any building that has
become vacant property, and any person maintaining, operating or collecting
rent for any such building that has become vacant, shall, within thirty
(30) days:
1.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Municipal Code and per the direction
of the Public Officer.
2.
Post a sign affixed to the building indicating the name, address
and telephone number of the owner, the owner's authorized agent for
the purpose of service of process and the person responsible for day-to-day
supervision and management of the building, if such person is different
from the owner holding title or the authorized agent. The sign shall
be of a size and placed in such a location so as to be legible from
the nearest public street or sidewalk, whichever is nearer, but shall
be no smaller than eighteen (18") inches by twenty-four (24") inches.
3.
Secure the building from unauthorized entry and maintain the sign
until the building is again legally occupied or demolished or until
repair or rehabilitation of the building is complete.
4.
Ensure that the vacant property is inspected on a monthly basis by
the owners authorized and prepare inspection reports, which shall
be forwarded to the Public Officer not later than the end of each
month.
5.
Ensure that the property is maintained in accordance with the property
maintenance regulations of the Township, including but not limited
to that of the interior and exterior of all structures, including
yards, fences, sidewalks, walkways, right-of-way, alleys, retaining
walls, swimming pools, attached or unattached accessory structures
and driveways are well maintained and free from trash, debris, loose
litter, grass and weed overgrowth.
6.
The owner or agent and in some cases the lienholder of any vacant
property shall acquire and otherwise maintain liability insurance,
in an amount of not less than $300,000.00 for the building, designed
primarily for residential use and not less than $1,000,000.00 for
any other building, including but not limited to buildings designed
for manufacturing, industrial, storage or commercial uses, covering
any damage to any person or any property caused by the physical condition
of or in the building or property subject to the provisions of this
section. Any insurance policy acquired or renewed after the building
has become vacant shall provide for a written notice to the Township
of Neptune's Public Officer within thirty (30) days of any lapse,
cancellation or change in coverage. The owner, or in some cases the
lienholder, shall attach evidence of the insurance to the owner's
registration statement. Any registration statement submitted that
does not include such evidence shall be deemed to be an invalid registration.
b.
Registration Required; Period of Validity; General Regulations.
1.
The owner of any vacant property, as defined herein, shall, within thirty (30) days after the building becomes vacant property as defined in subsection 12-5.2a, or within thirty (30) days after assuming ownership of the vacant property, whichever is later, file a Registration Statement for each such vacant property with the Public Officer on forms provided by the Township for such purposes. The registration shall remain valid until the designated renewal date, which shall be January 2nd of each year. The owner shall be required to renew the registration January 2nd of each year, as long as the building remains vacant property, and shall pay a registration fee or renewal fee in the amount prescribed herein for each vacant property registered.
2.
Any owner of any building who meets the definition of "vacant property"
prior to the effective date of this section shall file a Registration
Statement for that property within thirty (30) days of the date of
this adopted section. The Registration Statement shall include the
information required in this section, as well as any additional information
that the Public Officer may reasonably require.
(Section 12-5 was adopted September 8, 2015.)
3.
The owner shall notify the Public Officer within thirty (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 purposes.
4.
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 Township against the owner or
owners of the property.
c.
Registration Requirements, Property Inspection.
1.
After filing a Registration Statement or a renewal of a Registration
Statement, the owner of any vacant property shall provide access to
the Township 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.
2.
The Registration Statement shall include the name, street address
and telephone number of a natural person, 21 years of age or over,
designated by the owner or owners as the authorized agent for receiving
notices of Code violations and for receiving process, in any court
proceeding or administrative enforcement proceeding on behalf of such
owner or owners in connection with the enforcement of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The Registration Statement
shall also include the name of the person responsible for maintaining
and securing the property, if different. The Registration Statement
shall also include the name, street address and telephone number of
the owner(s) of the subject property as the necessary contact person
should there be a problem in reaching the owner(s)' authorized agent.
3.
An owner who is a natural person or who meets the requirements of
this section as to location of residence or office may designate himself
or herself as agent.
4.
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 both 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.
Lienholders.
e.
Registration Fees.
1.
The initial Registration Fee for each building shall be $500.00.
2.
The registration shall be renewable on January 2nd of each year at
a fee of $500.00; unless a violation exists. The initial registration
fee shall be prorated for Registration Statements received less than
10 months prior to the January 2nd anniversary renewal date. If there
is a violation of any Municipal Code cited during the first renewal
period, the registration fee shall be doubled ($1,000.00). If a violation
of the Municipal Code is cited during the second renewal period, the
registration fee shall triple ($1,500.00). If there is a violation
of the Municipal Code during the third renewal period, or any time
thereafter, the registration fee shall quadruple ($2,000.00).
[Ord. No. 2014-36; Ord. No. 2016-40]
The Public Officer may issue rules and regulations for the administration
of the provisions of this section.
[Ord. No. 2014-36]
a.
In the event that the owner or in some cases the lienholder fails to meet the requirements of maintaining a vacant property pursuant to subsection 12-5.8, then the Public Officer in his/her sole discretion may issue a Notice of Violation against the property owner or in some cases the lienholder requiring compliance within thirty (30) days of the Notice of Violation, said Notice shall be issued to the appropriate parties as set forth above; and upon non-compliance with the Notice of Violation, the Public Officer may in his/her sole discretion issue a Summons concerning the violation of this section to be heard in the Municipal Court of Neptune Township, or secure the subject structure itself, or by agreement with a third party to restore the subject building to a non-nuisance level. The costs incurred by the municipality in so proceeding, including reasonable administrative charges, shall be assessed against and be a lien upon the subject property.
b.
The Public Officer in his/her sole discretion may postpone any such
action aforesaid if he/she believes that the property owner and in
some cases the lienholder is acting in good faith to repair and/or
rehabilitate the subject property through his, her or its actions,
including but not limited to applications made where necessary to
the Historic Preservation Commission, Planning Board and/or Zoning
Board of Adjustment and/or Zoning Department.
[Ord. No. 2014-36; Ord. No. 2015-19]
a.
Pursuant to N.J.S.A. 46:10B-51 et al., all creditors or lienholders
to property subject to this section have ten (10) days from the date
that a foreclosure action is filed to serve the foreclosure Summons
and Complaint as notification only upon the Municipal Clerk when a
foreclosure action has been initiated. This notice must contain all
information set forth in the aforesaid statute, including but not
limited to the full name and contact information of the representative
for the creditor who is responsible for receiving complaints of property
maintenance and code violations, the street address and block and
lot number of the property. Where the creditor is an out-of-State
creditor, the full name and contact information of the in-State representative
or agent is required to be provided in the notice to the Municipal
Clerk.
b.
Any out-of-State creditor subject to this section who is found by
the Municipal Court of Neptune Township to be in violation of the
requirement of the notification and appointment of an in-State representative
or agent provided to the Municipal Clerk shall be subject to a fine
of two thousand five hundred ($2,500.00) dollars for each day of the
violation. Any fines imposed on the creditor for the failure to appoint
and notify the Clerk of the appointment of an in-State representative
or agent shall commence on the day after the ten-day period, as set
forth above. Any in-State creditor who fails to provide contact notification
to the Municipal Clerk of a representative or agent to be contacted
pursuant to this section, and the creditor is found to be in violation
by the Municipal Court of Neptune Township, the creditor shall be
subject to a fine of one thousand five hundred ($1,500.00) dollars
per day for each day of the violation, commencing on the day after
the ten-day period as set forth above.
c.
All creditors who have filed foreclosure proceedings pursuant to the aforesaid State Statute and prior to transfer of said title at Sheriff's Sale, shall be equally responsible for maintaining the subject property in compliance with this section, and shall receive notice of violations which need to be corrected within thirty (30) days of receipt of said notice, or within ten (10) days of receipt of said notice if the violation presents an imminent threat to public health and safety. All creditors who are found in violation of this section with regard to the maintenance of the subject property shall be subject to the penalties and fines found under subsection 12-5.13 below. In addition, if the municipality expends public funds in order to abate a nuisance or correct a violation on residential property, the situation being such that the creditor is given notice pursuant to the provisions of this section, but fails to abate the nuisance or correct the violation as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property, including but not limited to the recourse provided under subsection 12-5.10 of this section.
[Ord. No. 2014-36; Ord. No. 2016-40]
No provision hereof shall be construed as restricting or otherwise
abrogating the enforcement and other powers of the Township's Public
Officer or Construction Official under the New Jersey Uniform Construction
Code, including, without limitation, N.J.S.A. 52:27D-123 et seq. and
N.J.A.C. 5:23-1.1 et seq. (collectively, the Code). The provision
herein shall be construed as consistent with the enforcement and other
powers of the Township's Public Officer and Construction Official
under the Code.
[Ord. No. 2014-36; Ord. No. 2015-43]
a.
Any owner or applicable lienholder who is not in compliance with
this section or who otherwise violates any provision of this section
or the rules and regulations issued hereunder, shall be subject to
a fine not exceeding two thousand ($2,000.00) dollars or a period
of community service not exceeding ninety (90) days or imprisonment
of a term not exceeding ninety (90) days, or any combination of the
aforesaid penalties for each offense. Every day that a violation continues
shall constitute a separate and distinct offense. Fines assessed under
this section shall be recoverable from the owner and in some cases
the lienholder and shall be a lien on the subject property.
b.
Any Court verdict or Plea Agreement which requires compliance with
this Ordinance shall limit compliance to no more than thirty (30)
days from the date of the verdict or agreement with enhanced penalties
in the discretion of the Court for non-compliance.
c.
Any owner or applicable lienholder who is in violation of subsection 12-5.8b, c, d and/or e shall be subject to the fines and penalties set forth in subsection 12-5.13a and b in addition to compliance with the payment of all registration fees required in subsection 12-5.8e, entitled Registration Fees.
[Ord. No. 2014-47]
a.
The Public Officer appointed by the Township of Neptune may act upon the Vacant and Abandoned Property Ordinance, and may initiate a request of any utility to take all necessary steps to enter the premises listed on the Abandoned Property List established pursuant to subsection 12-5.6 of the Vacant and Abandoned Properties Ordinance and this section for the discontinuance of the utility services and the removal of utility equipment from said property, or any property that is determined by the Public Officer to meet the definition of abandoned property, and shall accompany representatives, agents and/or employees of said utility companies, along with any law enforcement officer the Public Officer considers appropriate upon the property at the time of discontinuance of utility service, removal of utility equipment or any action associated therein.
[Ord. No. 2017-15]
The purpose of this section is to protect and promote the public
health through the control of the growth of invasive plant species.
[Ord. No. 2017-15]
As used in this section:
Shall be defined as all native and non-native vines and vegetation
that grow out of place and are competitive, persistent, and pernicious.
These plants may damage trees, vegetation, or structures. Examples
include but are not limited to bamboo (spreading or running type),
ragweed, multi flora rose and kudzu-vine.
[Ord. No. 2017-15]
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
both residential and commercial property is a violation of this section.
[Ord. No. 2017-15]
All places and premises in the Township of Neptune shall be
subject to inspection by the enforcing officer. Such inspections shall
be performed by such person, persons, or agency duly authorized and
appointed by the Township of Neptune. Such inspection shall be made
if that official has reason to believe that any section of this chapter
is being violated.
[Ord. No. 2017-15]
a.
Whenever an invasive plant, as defined by this section, is found
on any plot of land, lot or any other premises or place, and is found
to lack appropriate physical barriers to prevent the spread or growth
of the species, or is found to have spread beyond the boundaries of
a property, a violation notice shall be given to the owner, in writing
to remove or abate the same within such time as shall be specified
in such notice. If the property owner fails to abate the violation,
a municipal summons/complaint may be issued charging the owner with
violating the provisions of this section. Abatement of violation shall
be defined as removal of all invasive plants found to have spread
beyond the boundaries of the subject property, to the satisfaction
of the enforcing officer.
b.
The cost of abatement shall be borne by the property owner.
c.
If an owner fails to comply with such notice within the time specified
therein, the enforcing official may, in addition to issuing a summons/complaint
as set forth above, remove or otherwise control the invasive plant
species and the Township may thereafter recover the costs of such
removal from the property owner by placing a lien against the property
to recover the cost of the invasive plant removal.
[Ord. No. 2017-15]
Any person, partnership, limited-liability company, corporation
or other entity who shall violate the provisions of this section shall,
upon conviction, be punishable by a fine of not less than $100.00
for the first offense and not more than $2,000.00 for subsequent offenses,
or community service as determined by the Municipal Court. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of such violation may be punished as provided above for each separate
offense.
[Ord. No. 2017-15]
All new in-ground plantings of invasive plants are strictly
prohibited. All existing plantings must be contained by appropriate
physical barriers to prevent growth or spread of existing invasive
species beyond the boundaries of a resident's property.
