Prior ordinance history includes portions of Ordinance
Nos. 453, 732, 798, 821, 831, 846, 851, 900, 976, 1005, 1124, 1169,
1181, 1364, 1456, 1489, 1518, 1758, 1856, 1987, 1989, 1994, 2020,
2049, 2058 and 2141.
[Ord. No. 2173]
The Code Enforcement Official, the Housing Inspector and the
Township Manager's other designated agents are hereby authorized
and empowered to exercise such powers as may be necessary to carry
out and effectuate the purposes and provisions of this chapter, including
the following, in addition to others herein granted:
a.
To investigate the dwelling conditions in the Township of Ocean in
order to determine which dwellings therein are unfit for human habitation;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence; and
c.
To enter upon the premises for the purpose of making examination;
provided, that such entries shall be made in such manner as to cause
the least possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of this chapter.
e.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
[Ord. No. 2173]
The Code Enforcement Official and the Housing Inspector along
with the Township Manager's other designated agents are hereby
authorized and empowered to make and adopt such written rules and
regulations as they may deem necessary for the proper enforcement
of the provisions of this chapter; provided, however, that such rules
and regulations shall not be in conflict with the provisions of this
chapter, nor in any way alter, amend or supersede any of the provisions
thereof. The Code Enforcement Official, the Housing Inspector and
the Township Manager's other designated agents shall file a copy
of all rules and regulations which they may adopt in their office
and in the office of the Township Clerk.
The Division of Health shall also be authorized to enforce certain
provisions of this chapter when same relate to public health.
[Ord. No. 2173; Ord. No. 2016-2272; amended 8-1-2019 by Ord. No. 2320]
Pursuant to the provisions of Chapter 21, P.L. 1964 (N.J.S.A. 40:49-5.1) and N.J.S.A. 40:69A-181 the 2009 International Property Maintenance Code be and is hereby adopted as the Housing and Property Maintenance Code of the Township of Ocean in the County of Monmouth, State of New Jersey, for the conditions and maintenance of property, buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Property Maintenance Code are hereby referred to, adopted and made a part hereof, as if fully set out in this subsection, with the additions, insertions, deletions and changes, if any, prescribed hereinafter in this subsection.
Three copies of said Code have been placed on file in the office
of the Township Clerk and in the office of the Department of Community
Development of the Township of Ocean.
The 2009 International Property Maintenance Code is amended
and revised in the following respects:
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SECTION 101.1 Insert: Township of Ocean.
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SECTION 107.2(4) is amended by the addition of the following
sentence:
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Notice allowing a reasonable time for repairs shall not be applicable
to a second or subsequent offense within a three-year period involving
the same property and the same or similar subject matter as the first
offense. Such second or subsequent violation will be considered to
be a repeat offense. For such repeat offenses a violation may be cited
without prior notice.
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SECTION 202 BEDROOM DEFINITION SHALL BE AMENDED TO ADD:
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a.
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Every approved bedroom occupied by one person shall contain
at least 70 square feet (6.5 square meters) of floor area with at
least one permanent closet and entry door. Every bedroom in a one-bedroom
apartment occupied by more than one person shall contain at least
50 square feet (4.6 square meters) of floor area for each additional
occupant thereof. Every living room shall contain at least 120 square
feet.
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b.
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In any living unit having more than one bedroom, the requirement
set forth in Subsection a above shall apply to at least one bedroom.
Every second bedroom occupied by more than one person shall contain
at least 40 square feet of floor area for each additional person.
Any additional bedrooms occupied by more than one person shall contain
120 square feet for two people and an additional 50 square feet for
each additional person.
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c.
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Children under the age of two shall not be considered additional
occupants.
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SECTION 107.3 Delete certified mail
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SECTION 107.2(5) & (6) Delete.
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SECTION 109.6 Delete.
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SECTION 111 Delete.
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SECTION 302.4 Add 10 inches
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SECTION 304.14 Delete "During the period from [date]
to [date],"
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SECTION 602.3 Insert date "October 1 to May 1"
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SECTION 602.4 Insert date "October 1 to May 1"
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Pursuant to the provisions of Chapter 21, P.L. 1964, N.J.S.A. 40:49-5.1 and N.J.S.A. 40:69A-181, Article 19 of "Regulations for the Construction and Maintenance of Hotel and Multiple Dwellings" as adopted and promulgated by the Commissioner of Community Affairs of the State of New Jersey effective July 19, 1968 as amended, is hereby accepted, adopted and established in and for the Township of Ocean as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of Article 19 of "Regulations for the Construction and Maintenance of Hotel and Multiple Dwellings" is annexed hereto and made a part hereof without inclusion of the text thereof. Three copies of the code have been placed on file in the office of the Township Clerk and in the office of the Department of Community Development of the Township and will remain on file in such offices for the use and examination of the public.
[Ord. No. 2173; Ord. No. 2300]
a.
DWELLING - Shall mean a building occupied or intended to be occupied
exclusively for residential purposes by one family or one housekeeping
unit and shall any mean room or rooms or suite or apartment thereof,
whether furnished or unfurnished, which is occupied or intended, arranged
or designed to be occupied for sleeping, dwelling or residential purposes
by one or more persons.
b.
HOTEL - Shall mean a building containing one or more rooms used,
rented or hired out on a transient basis to be occupied for sleeping
purposes only, and not containing individual eating and cooking facilities.
c.
INSPECTOR - Shall mean the Housing Inspector and the Township Manager's
other designated agents for the issue of certificates of occupancy
under this Code.
d.
MOTEL - Shall mean a building containing one or more rooms with individual
entrances used, rented or hired out on a transient basis to be occupied
for sleeping purposes only and not containing individual eating and
cooking facilities.
e.
GARDEN APARTMENT - Shall mean multifamily dwelling units adhering
to the standards set forth in the Zoning Ordinances of the Township
and amendments thereto.
f.
Emergency condition shall mean any condition dangerous or injurious
to the health or safety of the occupants of a building, or occupants
of neighboring buildings which arises out of any of the following
circumstances or conditions:
1.
Lack of adequate ventilation or light.
2.
Lack of adequate and properly functioning sanitary facilities.
3.
Lack of adequate and healthful water supply.
4.
Structural, mechanical or electrical defects which increase the hazards
of fire, accident or other calamity, or create a security risk to
the occupants therein.
g.
Multiple dwellings shall mean any building or structure of one or
more stories, and any land appurtenant thereto and any portion thereof,
in which four or more dwelling units are occupied, or are intended
to be occupied, by four or more persons who live independently of
each other. Premises which are used primarily for purposes other than
sleeping, dwelling or residence, shall not be considered a "multiple
dwelling."
h.
Advertise or advertisement shall mean any written, electronic or
oral publication, dissemination, solicitation or circulation which
is intended to directly or indirectly induce any person to enter into
an agreement for the short-term rental of a dwelling. This definition
includes, but is not limited to, mailings, print advertisements internet
listings, e-mail publications or other oral, printed or electronic
media.
[Ord. No. 2300]
i.
Facilitate shall mean if, acting with knowledge that an operator
managing agency or rental agent is renting a dwelling on a short-term
basis, the person knowingly provides the operator managing agency
or rental agent with means or opportunity for the commission of said
offense.
[Ord. No. 2300]
j.
Person shall mean an individual, corporation, association, firm,
partnership, limited liability company, or other legal entity.
[Ord. No. 2300]
k.
Rent shall mean the consideration or remuneration charged, whether
or not received, for the occupancy or use of a dwelling, whether to
be received in money, goods, services, labor, other use of other dwelling(s),
or otherwise.
[Ord. No. 2300]
l.
Rental agreement shall mean an agreement between persons whereby
money or other consideration is charged in exchange for the right
to occupy or use all or part of a dwelling.
[Ord. No. 2300]
m.
Short-term rental shall mean any rental of a dwelling or part thereof
for less than 30 consecutive days.
[Ord. No. 2300]
n.
Solicit shall mean, with the intent to promote or facilitate the
short-term rental of a dwelling, such person commands, encourages,
requests or solicits another person to engage in a short-term rental
agreement.
[Ord. No. 2300]
[Ord. No. 2173]
Whenever the Code Enforcement Official, Housing Inspector or
the Township Manager's other designated agents determine that
there are reasonable grounds to believe that there has been a violation
of any provisions of this chapter, or of any rule or regulation adopted
pursuant thereto, they shall give notice of such alleged violation
to the person or persons responsible therefor as hereinafter provided.
Such notice shall:
a.
Be put in writing.
b.
Include a statement of the reasons why it is being issued.
c.
Allow a reasonable time for the performance of any act it requires.
d.
Be served upon the owner or his agent, or the occupant, as the case
may require; provided that such notice shall be deemed to be properly
served upon such owner or agent, or upon such occupant, if a copy
thereof is served upon him personally; or if a copy thereof is posted
in a conspicuous place in or about the dwelling affected by the notice;
or if he is served with such notice by any other method authorized
or required under the laws of this State.
Such notice may contain an outline of remedial action which,
if taken, will effect compliance with the provisions of this chapter
and with rules and regulations adopted pursuant thereto.
[Ord. No. 2300]
a.
No person shall use, possess or occupy a dwelling on a short-term
rental basis. No person shall enter a short-term rental agreement
for a dwelling.
b.
No person owning, leasing, or having control of a dwelling shall
allow it to be used, occupied or possessed as a short-term rental.
c.
No person shall advertise, solicit or facilitate a short-term rental
agreement for a dwelling.
d.
The provisions of this section shall not apply to dwellings licensed
by the United States, the State of New Jersey, any governmental agencies,
health care facilities, or those dwellings located in an R-7 Zone.
[Ord. No. 2300]
This chapter may be enforced by the Ocean Township Police Department,
Building Department Inspectors, Ocean Township Fire Prevention Inspectors,
and Ocean Township Code Enforcement Officers together with any other
municipal officials authorized to enforce Township ordinances.
[Ord. No. 2173; Ord. No. 2014-2217; Ord.
No. 2300]
Any person found guilty of violating any provision of this section
shall be subject to one or more of the following: imprisonment for
any term not exceeding 90 days; or by a fine not exceeding $2,000;
or by a period of community service not exceeding 90 days. Each day
of a violation shall constitute an additional, separate and distinct
offense.
[Ord. No. 2173; Ord. No. 2181; Ord. No.
2016-2253]
a.
Maintenance of Exterior of Premises and Structures. The exterior
of the premises and all structures thereon shall be kept free of all
nuisances and any hazards to the safety of occupants, pedestrians,
and other persons utilizing the premises, and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner or operator to
keep the premises free of hazards which include but are not limited
to the following:
1.
Refuse. Brush, weeds, broken glass, stumps, roots, growths, filth,
garbage, trash, refuse and debris.
2.
Natural Growth. Dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
3.
Overhangs. Loose and overhanging objects and accumulations of ice
and snow which, by reason of location above ground level, constitute
a danger of their falling on persons in the vicinity thereof. It shall
be unlawful to permit the branches or limbs of any trees or shrubbery
to grow or extend in any of the streets within the territorial limits
of the Township of Ocean, at a height of less than eight feet from
the surface of any such streets, and any limb or branch the whole
or any part of which may be lower than eight feet from the surface
of any such street shall be and the same is hereby declared to be
a nuisance and unlawful. If such limbs or branches shall not be removed
within the time period specified, after service of the notice as provided
for Section 107 of the 2009 International Property Maintenance Code,
then the Township Manager, by its duly authorized agents, may abate
said nuisances. The cost and expense paid and incurred by the Township
shall be added to the tax or taxes on the lot or lots of land in front
of which said limbs or branches have been removed or cut, to be collected
according to law, and shall be a lien upon such lands until paid.
4.
Ground Surface Hazards. Holes, excavations, breaks, projections,
obstructions on paths, walks, driveways, parking lots, and parking
areas, and other parts of the premises which are accessible to and
used by persons on the premises. All such holes and excavations shall
be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.
5.
Recurring Accumulations of Stormwater. Adequate run-off drains shall
be provided and maintained to eliminate any such recurrent or excessive
accumulation of stormwater to minimize soil erosion.
6.
Sources of Infestation. Sources of infestation shall be eliminated.
7.
Foundation Walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
8.
Chimneys, Flues and Vents. Chimneys and all flue and vent attachments
thereto shall be maintained structurally sound, free from defects,
and so maintained as to capably perform at all times the functions
for which they were designed. Chimneys, flues, gas vents or other
draft-producing equipment shall provide sufficient draft to develop
the rated output of the connected equipment and shall be structurally
safe, durable, smoke tight, and capable of withstanding the action
of the flue gases.
9.
Porches, Landings, Balconies, Stairs and Fire Escapes. Porches, landings,
balconies, stairs and fire escapes shall be provided with banisters
or railings properly designed and maintained to minimize the hazards
of falling, and they shall be kept structurally sound, in good repair,
and free from defects.
b.
The exterior of the premises and condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereon shall reflect a level of maintenance in keeping
with the standards of the neighborhood, and such that the appearance
of the premises and structures shall not constitute a blighting factor
for adjoining property owners, nor an element leading to the progressive
deterioration and downgrading of the neighborhood with accompanying
diminution of property values including the following:
1.
Landscaping. Premises shall be kept landscaped to prevent erosion,
and lawns, hedges and bushes shall be kept trimmed and free from becoming
overgrown and unsightly where exposed to public view and where they
constitute a blighting factor depreciating adjoining property.
2.
Signs and Billboards. All permanent signs and billboards exposed
to public view permitted by reason of other regulations or as a lawful
nonconforming use shall be maintained in good repair. Any signs which
have excessively weathered or faded or upon which the paint has excessively
peeled or cracked shall, with their supporting members, be removed
forthwith.
3.
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays.
4.
Awnings and Marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk, or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event such awnings
or marquees are not properly maintained in accordance with the foregoing,
they shall, together with their supporting members, be removed forthwith.
In the event the awnings or marquees are made of cloth, plastic, or
of similar materials, the cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain.
c.
General Maintenance. The exterior of every structure or accessory
structure not inherently resistant to decay, including fences, shall
be maintained in good repair and all surfaces thereof shall be kept
painted or otherwise provided with a protective coating sufficient
to prevent structural deterioration and to maintain appearance. Such
structures shall be maintained free of broken glass, loose shingles,
crumbling stone or brick, excessive peeling paint, or other conditions
reflective of deterioration or inadequate maintenance to the end that
the property itself may be preserved, safety and fire hazards eliminated,
and adjoining properties and the neighborhood protected from blighting
influences.
d.
Structural Soundness. The exterior of every structure or accessory
structure, including fences, signs, and store fronts, shall be maintained
in good repair and all surfaces thereof shall be kept painted or otherwise
provided with a protective coating sufficient to prevent structural
deterioration and to maintain appearance. All surfaces shall be maintained
free of broken glass, loose shingles, crumbling stone or brick, excessive
peeling paint, or other conditions reflective of deterioration or
inadequate maintenance to the end that the property itself may be
preserved and safety and fire hazards eliminated.
e.
Store Fronts. In the event repairs to a store front become necessary,
such repairs shall be made with the same or similar materials used
in the construction of the store front in such a manner as to permanently
repair the damaged area or areas. Any cornice visible above a store
front shall be kept painted, where required, and in good repair.
f.
General Sanitation and Safety. All parts of the premises under the
control of the occupant or operator shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary,
would obstruct the owner or operator from performing any duty required
hereunder or maintaining the premises in a clean and sanitary condition,
including:
Refuse, storage and accumulation: Storage bins, rooms, and areas
shall not be used for accumulated garbage or refuse.
g.
Hazards/dangerous conditions or any dangerous or hazardous conditions
that are outlined as follows:
1.
Dangerous conditions that are liable to cause or contribute to the
spread of fire in or on said premises, building or structure or endanger
the occupants thereof. Conditions that would interfere with the efficiency
and use of any fire-protection equipment.
2.
Obstruction to or on fire escapes, stairs, passageways, doors or
windows liable to interfere with the egress of occupants or the operation
of the Fire Department in case of fire.
3.
Accumulations of dust or waste material in air-conditioning or ventilating
systems or grease in kitchen or other exhaust ducts.
4.
Accumulations of grease on kitchen cooking equipment or oil, grease
or dirt upon, under or around any mechanical equipment.
5.
Accumulations of rubbish, waste, paper, boxes, shavings or other
combustible materials or excessive storage of any combustible material.
6.
Hazardous conditions arising from defective or improperly used or
installed electrical wiring, equipment or appliances.
7.
Hazardous conditions arising from defective or improperly installed
equipment for handling or use of combustible, explosive or otherwise
hazardous materials.
h.
Costs of cleanup, remediation, abatement or correction of other violations
as defined in this or any chapter of the code, including but not limited
to relocation fees, shall be certified to the Tax Collector, to be
enforced on a parity as and with the lien for unpaid real estate taxes.
Said expenses shall thereby constitute a lien on the premises and
shall be entered on the tax records kept by the Tax Collector and
shall be collectible as are overdue taxes pursuant to this Code. The
municipality may bring an action in the Superior Court to recoup any
and all costs and fees not made a part of a tax lien, including attorneys'
fees incurred in the abatement process and in the effort to recoup
costs.
If the owner, entity or person in possession of the dwelling
or lands in question shall fail to abate the condition complained
of within the time period specified after receipt of notice, the Code
Enforcement Official and/or the Housing Inspector shall cause the
condition complained of to be abated, either by action of the Department
of Public Works or by engagement of an outside contractor, and shall
present a report of the work accomplished to the Township Manager
along with a summary of the abatement undertaken to secure compliance.
They shall certify the actual labor costs of the same plus 25% but
not less than $100 administrative fee to the Township which shall
examine the report and certificate and, if it is correct, cause the
cost as shown thereon to be charged against the dwelling or lands.
A copy of the resolution approving the expenses shall be certified
by the Township Clerk and filed with the Tax Collector who shall be
responsible for the collection thereof. The amount so charged forthwith
becomes a lien upon the dwelling or lands and shall be added to and
become and form part of the taxes next assessed and levied upon such
dwelling and lands, shall bear interest at the same rate as the taxes,
and shall be collected and enforced by the same officer and in the
same manner as taxes. Costs shall be in addition to any penalties
imposed for any violation of this chapter.
i.
If the property is going to remain vacant for 30 days or more, the
owner not more than 30 days prior nor more than 10 days after a tenant
removes from and vacates a dwelling, shall file with the Office of
the Code Enforcement Official and/or Housing Inspector a statement
containing the address of the premises or other specific description
of the place vacated, point of emergency contact information and the
reason why the unit was vacated.
j.
Outside Storage of Items: All open storage areas shall be completely
obscured from the street unless it is an approved garbage, recycling
or bulk storage area. No interior furniture, equipment or household
items will be permitted to be stored anywhere on the exterior of the
house unless it is an approved accessory structure or completely obscured
from surrounding properties by a permitted solid screen not less than
six feet in height. Storage of debris, junk or construction materials,
which are not associated with an approved use or permitted construction
activity at the site, shall not be permitted.
[Ord. No. 2173]
Whenever a petition is filed with the Code Enforcement Official,
the Housing Inspector or the Township Manager's designated agents
by a public authority as defined in N.J.S.A. 40:48-2.4, or by at least
five residents of the Township charging that any building is unfit
for human habitation or occupancy or use, or whenever it appears to
the Code Enforcement Official, the Housing Inspector, or the Township
Manager's designated agents (on their own motion) that any building
is unfit for human habitation, they shall, if their preliminary investigation
discloses a basis for such charges, issue and cause to be served upon
the owner of, and parties in interest in such building a complaint
stating the charges in that respect and containing a notice that a
hearing will be held before a hearing panel appointed by the Township
Manager at a place therein fixed not less than seven days nor more
than 30 days after the serving of said complaint; that the owner and
parties in interest shall be given the right to file an answer to
the complaint and to appear in person, or otherwise, and give testimony
at the time and place fixed in the complaints; and that the rules
of evidence prevailing in the courts shall not be controlling in the
hearings.
[Ord. No. 2173]
Any person affected by a notice which has been issued in connection
with the enforcement of unfit dwelling, may request and shall be granted
a hearing on the matter before the Township Manager's hearing
panel, provided such person shall file in the office of the Township
Clerk a written petition requesting such hearing and setting forth
a brief statement of the grounds therefor within 10 days after the
day the notice is served. Upon receipt of such petition, the Township
Manager shall set a time and place for such hearing and shall give
the petitioner written notice thereof. At such hearing the petitioner
shall be given an opportunity to be heard and to show why such notice
should be modified or withdrawn. The hearing shall be commenced not
later than 10 days after the day on which the petition is filed; provided
that upon application of the petitioner the Code Enforcement Official
and the Township Manager may postpone the date of the hearing for
a reasonable time beyond such ten-day period, if in their judgment
the petitioner has submitted a good and sufficient reason for such
postponement. After such hearing the Code Enforcement Official and
the Township Manager shall sustain, modify or withdraw the notice,
depending upon their findings as to whether the provisions of this
chapter and of the rules and regulations adopted pursuant thereto
have been complied with. If the Code Enforcement Official and the
Township Manager sustain or modify such notice, it shall be deemed
to be an order. Any notice served pursuant to this chapter shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Code Enforcement Official and the Township Manager
within 10 days after such notice is served. The proceedings at such
hearings, including the findings and the decision of the Code Enforcement
Official and the Township Manager shall be summarized, reduced to
writing, and entered as a matter of public record in the office of
the Code Enforcement Official and the Township Manager. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Code
Enforcement Official and the Township Manager may seek relief therefrom
in any court of competent jurisdiction, as provided by the laws of
the State. Whenever the Code Enforcement Official and the Township
Manager's designated agents find that an emergency exists which
requires immediate action to protect the public health or safety,
he may, without notice of hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as they
deem necessary to meet the emergency. Notwithstanding the other provisions
of this chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Code Enforcement Official and the Township
Manager's designated agents shall be afforded a hearing as soon
as possible. After such hearing, depending upon their findings as
to whether the provisions of this chapter and of the rules and regulations
adopted pursuant thereto have been complied with, the Code Enforcement
Official and the Township Manager's designated agents shall continue
such order in effect, or modify it, or revoke it.
[Ord. No. 2173]
If after notice and hearing, as provided above, the hearing
panel determines that the dwelling is unfit for human habitation,
as defined in the Property Maintenance and Housing Code, they shall
state in writing their findings of fact in support of such determination
and shall issue and cause to be served upon the owner thereof and
parties in interest an order requiring:
a.
The repair, alteration or improvement of said building to be made
by the owner, within a reasonable time, which time shall be set forth
in the order, or at the option of the owner, to vacate or to have
said building vacated or to have said building vacated and closed
within the time set forth in the order; and
b.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the said building within the
time specified in the order, that the owner shall remove or demolish
the said building within a reasonable time as specified in the said
order of removal;
c.
That, if the owner fails to comply with an order to repair, alter
or improve, or at the option of the owner to vacate and close the
building, the Construction Official, Code Enforcement Official, Housing
Inspector or the Township Manager's designated agent may cause
such building to be repaired, altered or improved, or to be vacated
and closed; that the Code Enforcement Official, Housing Inspector
and the Township Manager's designated agents may cause to be
posted on the main entrance of any building so closed, a placard with
the following words: "This building is unfit for human habitation
or occupancy or use. The use or occupation of this building is prohibited
and unlawful;"
d.
That, if the owner fails to comply with an order to remove or demolish
the building, the Code Enforcement Official, Housing Inspector or
the Township Manager's designated agents may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor;
e.
That the amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees,
search fees and advertising charges incurred in the course of any
proceeding taken under this chapter and determined in favor of the
Township; and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amounts of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Code Enforcement Official,
Housing Inspector or the Township Manager's designated agents,
they shall sell the materials of such building. There shall be credited
against the cost of removal or demolition thereof, including the clearance,
and if necessary, leveling of the site, the proceeds of any sale of
such materials or any sum derived from any contract for the removal
or demolition of the building. If there are no such credits, or if
the sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and amount so due shall be filed
with the Municipal Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of the credits exceeds such
costs, the Code Enforcement Official, Housing Inspector or the Township
Manager's designated agents shall be secured in such manner as
may be directed by such court and shall be disbursed according to
the order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien certificate, proceed in a summary manner in the Superior Court
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificate. If an actual and
immediate danger to life is posed by the threatened collapse of any
fire-damaged or other structurally unsafe building, the public officer
may, after taking such measures as may be necessary to make such building
temporarily safe, seek a judgment in summary proceedings for the demolition
thereof. Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this act intended to limit the authority
of the enforcing agency or Code Enforcement Official, Housing Inspector
or the Township Manager's designated agents under the "State
Uniform Construction Code Act," P.L. 1975, c. 217 (C.52:27D-119 et
seq.) or any rules or regulations adopted thereunder.
[Ord. No. 2173]
Complaints or orders issued by the Code Enforcement Official,
Housing Inspector and the Township Manager's designated agents
pursuant to this chapter shall be served upon persons either personally
or by registered mail, but if the whereabouts of such persons are
unknown and the same cannot be ascertained by said Code Enforcement
Official, Housing Inspector and the Township Manager's designated
agents in the exercise of reasonable diligence, and the Code Enforcement
Official, Housing Inspector and the Township Manager's designated
agents shall make an affidavit to that effect, then the serving of
such complaint or order upon such persons may be made by publishing
the same once in a newspaper having circulation in the Township of
Ocean. A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order, and a copy
of such complaint or order shall be duly recorded or lodged for record
with the Monmouth County Recording Officer.
[Ord. No. 2016-2287]
a.
Purpose.
An ordinance to establish requirements to control littering
in the Township of Ocean so as to protect public health, safety and
welfare.
b.
Definitions.
For the purposes of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not consistent with the context, words used
in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include plural number. The word "shall" is always mandatory
and not merely directory.
1.
GARBAGE - Shall mean putrescible animal and vegetable wastes resulting
from the handling, preparation, cooking and consumption of food.
2.
LITTER - 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, or
any top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, refuse, or rubbish, as defined herein, any trash, debris,
grass clippings or other lawn or garden waste, newspapers, magazines,
glass metal, plastic or paper containers or other packaging or construction
material, but does not include the waste of the primary processes
of mining or other extraction processes, logging, sawmilling, farming
or manufacturing.
3.
LITTER RECEPTACLE - Shall mean a container suitable for the depositing
of litter.
4.
PERSON - Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
5.
REFUSE - Shall mean all putrescible and nonputrescible solid wastes
(except body waste), including garbage, rubbish, ashes, street cleanings,
dead animals, abandoned automobiles, and solid market and industrial
wastes.
6.
RUBBISH - Is nonputrescible solid waste consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery,
and similar materials.
7.
VEHICLE - Shall mean every device in, upon, or by which any person
or property is or may be transported or drawn upon a highway or water
area, including boats and devices used exclusively upon stationary
rails or tracks.
8.
PUBLIC PLACE - Shall mean any and all streets, sidewalks, boulevards,
alleys, lake, stream, pond, tributary, brook or other public ways
and any and all public parks, squares, spaces, grounds and buildings.
c.
Litter in Public Places. No person shall sweep, drop, discard, deposit,
throw or otherwise place any litter in or upon any occupied, open
or vacant property, whether owner by such person or not, or in or
upon any street, sidewalk, park, private property or other public
place or any pond, lake, stream or any other body of water within
the Township of Ocean, except in public litter receptacles, or in
authorized private litter receptacles for collection, or having done
so allows such litter to remain. Person(s) placing litter in public
litter receptacles or in authorized private litter receptacles shall
do so in such a manner as to prevent it from being carried or deposited
by the elements upon any street, sidewalk, water body or other public
place or upon private property.
d.
Sweeping Litter into Gutters Prohibited. No person, including merchants
owning or occupying a place of business, shall sweep into or deposit
in any gutter, street or other public place within the Township of
Ocean the accumulation of litter from any building or lot from any
public or private sidewalk, driveway or private property. Persons
owning or occupying property shall keep the sidewalk in front of their
premises free of litter.
e.
Litter Thrown by Persons in Vehicles or Boats. No person, while a
driver or passenger in a vehicle or boat, shall throw or deposit litter
upon any street, body of water or other public place within the Township,
or upon private property. Whenever any litter is thrown or discarded
or allowed to fall from a vehicle or boat in violation of this subsection,
the operator or owner, or both, of the motor vehicle or boat shall
also be deemed to have violated this subsection.
f.
Truck Loads Causing Litter.
No person shall drive or move any truck or other vehicle within
the Township unless such vehicle is so constructed or loaded as to
prevent any load, contents or litter from being blown or deposited
upon any street, alley or other public place; nor shall any person
drive or move any vehicle or truck within the Township, the wheels
or tires of which carry onto or deposit in any street, alley or other
public place, mud, dirt, sticky substances, litter or foreign matter
of any kind.
g.
Transportation from Outside Municipality. No person shall bring,
cart, remove, transport or collect any litter from outside this municipality,
or into this municipality, for the purpose of dumping or disposing
thereof, unless authorized by the Township.
h.
Duties of Owners and Tenants to Maintain Premises Free of Litter.
The owner or person in control of any private property shall
at all times maintain the premises free of litter; provided, however,
that this subsection shall not prohibit the storage of litter in authorized
private litter receptacles for collection.
i.
Notice to Remove; Cost of Removal. The Health Officer, Building Inspector
and Code Enforcement Officer are authorized and empowered to notify
the owner of any open or vacant private property within the Township,
or the agent of such owner, to properly dispose of litter located
on such owner's property which is dangerous to public health,
safety or welfare. Such notice shall be by registered mail, addressed
to said owner at his last known address, and shall state the acts
to be performed by such owner or tenant, as well as the penalty for
failure to comply with such notice.
If the owner or tenant to whom notice is sent neglects or refuses
to comply with such notice within 10 days of receipt of same, the
Township Manager may arrange to perform the acts required by the notice
at the cost of the Township. He shall certify the cost thereof to
the Township Council which shall examine the certificate and, if found
correct, shall cause the costs as shown thereon to be charged against
said lands. Such costs shall be added to the taxes next to be assessed
and levied upon such lands, the same to bear interest at the same
rate as taxes, and to be collected and enforced by the same officers
and in the same manner as taxes.
[Ord. No. 2016-2287]
a.
Duties of Owners and Tenants.
No owner, tenant or occupant, or any agent, servant, representative
or employee of such owner, lessee or occupant of any occupied or unoccupied
lot or land, or part or parts thereof in the Township of Ocean, County
of Monmouth, shall permit or maintain thereon:
1.
Any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash, debris or junk, or
2.
For a period of more than one month any motor vehicle in non-operative
condition, or
3.
Refuse or debris resulting from construction activities or the demolishing
of a building or buildings for a period of more than one month after
construction or demolition activity has ceased at the subject property.
b.
Notice of Violation. Upon complaint of any resident or officer or
employee of the Township of any violation of the above provisions,
or upon his own motion, the Code Enforcement Officer or the Building
Inspector, as the case may be, or his designated agent shall make
an investigation of the conditions indicated in the complaint and
the Code Enforcement Officer or Inspector is authorized and empowered
to notify the owner of the subject property or the agent of the owner
to remedy the violation located on such owner's property within
five days after receipt of the notice. Such notice shall be by certified
mail addressed to the owner or owner's agent at the last known
address.
The five day notice provision shall not be applicable to a second
or subsequent offense within a three-year period involving the same
property and the same or similar subject matter as the first offense.
Such second or subsequent violation will be considered to be a repeat
offense. For such repeat offenses, a violation may be cited without
prior notice.
c.
Cost of Removal or Abatement of Violations.
If the owner, tenant or person in charge, to whom notice of
violation of any of the foregoing provisions is sent, neglects or
refuses to abate or remedy the said violation within 10 days after
notice thereof, the Code Enforcement Officer or the Building Inspector,
as the case may be, or his designated agent, shall cause the violation
to be abated and remedied and certify the cost thereof to the Township
Council, which after examination of the certificate and determination
of its accuracy, shall cause the cost thereof to be charged against
the lot or land on which the violation exists. The amount so charged
shall become a lien upon such lot or land and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such lot or land, the same to bear interest at the same rate as taxes,
and to be collected and enforced by the same officers responsible
for the collection of taxes and in the same manner as taxes.
[Ord. No. 2016-2287]
No person shall permit, maintain, build, erect or construct
any fence or wall, or permit, grow or maintain any hedge or row of
trees that shall constitute a fence or wall that shall be higher than
four feet, along the fence or property line of any premises bordering
the streets, avenues, and highways of the Township of Ocean.
[Ord. No. 2016-2287]
a.
Equipment Permitted.
Portable sanitation equipment may be placed on any lot in any
zone in conjunction with the issuance of a construction permit. The
equipment may remain on the property providing active construction
activity is present.
b.
Location.
1.
Portable sanitation equipment may be located on any lot provided
that the units are not placed in either the required front yard setback
or in the actual front yard between any building and any street.
2.
Portable sanitation equipment may be placed in other locations on
any property which is the subject of a site plan or subdivision. These
locations must be approved by the Planning Board or Board of Adjustment.
If the location approved by the Board conflicts with the provisions
of this section, the determination of the Board shall prevail.
[Ord. No. 2016-2287]
a.
Purpose.
The purpose of this subsection is to protect and promote the
public health through the control of the growth of invasive plant
species.
b.
Definitions.
Invasive plants shall mean 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, kudzu-vine and poison ivy or oak.
c.
Control of Growth.
All persons must control the growth of invasive plants. Failure
to control the spread of such vegetation beyond the boundaries of
a resident's property is a violation of this subsection.
d.
Inspections.
All places and premises in the Township of Ocean 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 Ocean. Such inspection shall be made if that official
has reason to believe that any section of this subsection is being
violated.
[Ord. No. 2016-2287]
e.
Plantings of Invasive Plants Prohibited.
All new in-ground plantings of invasive plants are strictly
prohibited. All existing plantings must be contained by appropriate
physical barriers to prevent the growth or spread of existing invasive
species beyond the boundaries of a resident's property.
[Ord. No. 2016-2287]
f.
Violations and Penalties.
1.
Whenever an invasive plant as defined by this subsection 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 shall be given to the owner of the property
from which the invasive species has spread, in writing, to remove
or abate the same within 30 days. The cost of all remedies, including
the removal of plantings of invasive plants, shall be borne by the
property owner.
2.
Any person violating the provisions of this chapter shall, upon conviction,
be punishable by a fine of not more than $2,000 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.
3.
Notwithstanding any other penalty or fine which may be imposed under
this section, if an owner fails to comply with the removal or abatement
of an invasive plant, the Township may thereafter remove or otherwise
abate the planting and thereafter recover the costs of such removal
or abatement from the property owner by placing a lien against the
property.
[Ord. No. 2016-2287]
Unless otherwise stated in this chapter, any person violating any of the provisions of this section will be subject to the penalty provisions as set forth in section 3-17 of the Revised General Ordinances of the Township of Ocean. These penalty provisions shall be in addition to the remedy provided for in Subsection 7-2.8c and in addition to such other remedies as are provided for by N.J.S.A. 40:48-2.13 et seq. as amended.
[Ord. No. 2173]
The Housing Inspector, Code Enforcement Official and the Township
Manager's other designated agents are hereby authorized to make
inspections to determine the condition of dwellings, dwelling units,
rooming units, and premises located within the Township of Ocean in
order that they may perform their duties safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections, the Housing Inspector, Code
Enforcement Official and the Township Manager's other designated
agents are hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units, and premises.
The owner or occupant of every dwelling, dwelling unit, and rooming
unit, or the person in charge thereof, shall give the Housing Inspector,
Code Enforcement Official and the Township Manager's other designated
agents free access to such dwelling, dwelling unit or rooming unit
and its premises at all times for the purposes of such inspection,
examination and survey. Every occupant of a dwelling or dwelling unit
shall give the owner thereof, or his agent or employee, access to
any part of such dwelling or dwelling unit, or its premises, at all
reasonable times for the purpose of making such repairs or alterations
as are necessary to effect compliance with the provisions of this
chapter or with any lawful rule or regulation adopted, or any lawful
order issued pursuant to the provisions of this chapter. If any discrepancies
were noted, a violation notice shall be issued.
[Ord. No. 2173]
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the BOCA Basic
Housing Property Maintenance Code and Article 19 of "Regulations for
the Construction and Maintenance of Hotel and Multiple Dwellings"
established hereby as the standards to be used in determining whether
a dwelling is safe, sanitary and fit for human habitation.
[Ord. No. 2173]
No owner shall occupy or let to an occupant or occupants, nor
shall any person or persons lease or occupy any vacant dwelling unit
or lodging unit, except if the same is part of a motel or hotel, unless
a certificate of occupancy certifies that the room, dwelling, apartment,
or the like, is in compliance with all of the ordinances of the Township
and fit for human habitation, and is further in compliance with all
Federal and State laws. The certificate of occupancy so issued shall
apply only to the tenant for which it is issued. A new certificate
of occupancy is required for every change in ownership or change in
occupancy for every dwelling, apartment and/or there alike.
[Ord. No. 2173; Ord. No. 2016-2253]
Application for a certificate of occupancy shall be made in
writing to the Housing Inspector, Code Enforcement Official or the
Township Manager's designated agents.
The Housing Inspector, Code Enforcement Official or the Township
Manager's designated agents shall cause to be printed appropriate
application forms for certificates of occupancy, which forms shall
be available on the Township's website and at the Department
of Community Development office.
a.
Any non-residential use of the premises shall result in the Code
Official, or his/her designee, revoking the certificate of occupancy
and facilitating the removal of the occupants from the structure/dwelling.
[Ord. No. 2173]
Bedrooms which are to be occupied for sleeping purposes may
not have locks or assemblies on the exterior of the bedroom door which
need keys, special knowledge or codes to access the bedrooms other
than what is used and customary in single-family homes, i.e. privacy
and passage locksets.
[Ord. No. 2173]
No such vacated room, dwelling, apartment or the like shall
be transferred, rented or occupied by any tenant or owner until an
inspection has been made by the Housing Inspector, Code Enforcement
Official or the Township Manager's designated agents to determine
whether such room, dwelling, apartment or the like is in violation
of any of the applicable Federal, State, or municipal laws of the
Township. If no such violation exists, the Housing Inspector, Code
Enforcement Official or the Township Manager's designated agents
shall issue a certificate of occupancy. If a violation exists, the
Housing Inspector, Code Enforcement Official or the Township Manager's
designated agents shall forthwith notify the owner in writing, setting
forth the specific violations thereof to afford the owner the opportunity
of correcting same in order that the premises may be occupied upon
the correction of the condition.
[Ord. No. 2173; Ord. No. 2016-2253; amended 12-5-2019 by Ord. No. 2326]
An inspection pursuant to this section shall be made and either
a certificate of occupancy or a notice of violation shall be issued
within 10 business days from the date of application. If the Township
is unable to complete the inspection within the ten-day period, the
apartment or the like may be occupied by the new tenant, but subject
to the right of the Township to cause the room, dwelling, apartment
or the like to be inspected, and if a violation is found, to cause
the premises to be vacated within 10 days from the date of the notice
thereof.
[Ord. No. 2173; Ord. No. 2016-2253]
A certificate of occupancy issued pursuant to this section shall
be issued to the person applying for the inspection and shall be made
available if requested by any Township, County or State authority.
A copy of the certificate shall be made available to the tenant or
buyer upon request.
[Ord. No. 2173; Ord. No. 2201; Ord. No.
2016-2253; Ord. No. 2016-2270]
a.
Applications Completed Online or Electronically:
1.
A nonrefundable fee of $150 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection in connection with a resale of a detached dwelling unit.
2.
A nonrefundable fee of $125 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection, in connection with a resale of an attached single-family
dwelling unit.
3.
A nonrefundable fee of $150 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection, in connection with the rental of a single-family dwelling,
whether attached or detached.
4.
A nonrefundable fee of $125 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection, in connection with a reoccupancy of a single-family
dwelling, whether attached or detached by the owner after a change
in tenancy.
5.
A nonrefundable fee of $50 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection, in connection with the rental of a multi-family dwelling
unit.
6.
A nonrefundable fee of $50 shall be charged to cover the cost of
application which is filled out and paid for online, which includes
an inspection, in connection with the rental of a dwelling unit which
is deed-restricted or nonprofit sponsored affordable housing.
[Ord. No. 2016-2270]
7.
There shall be no charge for the first reinspection of any unit which
fails inspection for one or more items if all utilities are operational
or unless it involves a TITLE ONLY TRANSFER. A reinspection fee of
$75 shall be required for all reinspections where the utilities are
not operational and for all second and subsequent reinspections for
sales, rentals, and reoccupancy of single-family dwellings and/or
title only transfers.
b.
Applications Completed on Paper (Non-Electronic):
1.
A nonrefundable fee of $175 shall be charged to cover the cost of
inspection in connection with a resale of a detached dwelling unit.
2.
A nonrefundable fee of $150 shall be charged to cover the cost of
inspection in connection with a resale of an attached single-family
dwelling unit.
3.
A nonrefundable fee of $175 shall be charged to cover the cost of
inspection in connection with the rental of a single-family dwelling,
whether attached or detached.
4.
A nonrefundable fee of $150 shall be charged to cover the cost of
inspection in connection with a reoccupancy of a single-family dwelling,
whether attached or detached by the owner after a change in tenancy.
5.
A nonrefundable fee up to $100 shall be charged to cover the cost
of inspection in connection with the rental of a multi-family dwelling
unit.
6.
A nonrefundable fee of up to $100 shall be charged to cover the cost
of inspection in connection with the rental of a dwelling unit which
is deed-restricted or nonprofit sponsored affordable housing.
7.
There shall be no charge for the first reinspection of any unit which
fails inspection for one or more items if all utilities are operational
or unless it involves a TITLE ONLY TRANSFER. A reinspection fee of
$75 shall be required for all reinspections where the utilities are
not operational and for all second and subsequent reinspections for
sales, rentals, and reoccupancy of single-family dwellings and/or
title only transfers.
[Ord. No. 2173]
a.
Preamble. The Township Council is knowledgeable that many instances
have been documented whereby lives have been saved as a result of
smoke detectors/carbon monoxide detectors being provided in residential
dwellings and multifamily dwellings, and the Township Council is further
knowledgeable that the New Jersey State Uniform Construction Code
and, in particular, the ICC Basic Building Code/2009 and Uniform Fire
Code 5:70-2.3 and, in particular, New Jersey Edition of the ICC New
Jersey Edition, requires that smoke detectors be installed in all
dwellings. The Township Council deems it necessary to the health,
safety and welfare of its inhabitants to enact certain amendments
to its certificate of occupancy ordinance.
b.
Installation Required. No person shall sell, rent, transfer, grant
or lease any dwelling, motel room or garden apartment unit unless
such dwelling, motel room or garden apartment unit shall be provided
with a minimum of one approved U.L. listed and labeled smoke detector
and one carbon monoxide detector sensing visible or invisible particles
of combustion installed in a manner and location consistent with its
listing and approved by the Fire Official. When actuated, the detector
shall provide an alarm suitable to warn the occupants within the dwelling,
motel room or garden apartment unit.
c.
Required to Obtain Certificate of Occupancy. In addition to requirements
that an application for a certificate of occupancy established that
the dwelling, motel unit or garden apartment unit meets the standards
as set forth therein, it shall also be a requirement that each dwelling
shall be provided with a minimum of one approved U.L. listed/labeled
smoke detector and one carbon monoxide detector, sensing visible or
invisible particles of combustion installed in a manner and location
consistent with its listing and approved by the Fire Official. When
actuated, the detector shall provide an alarm suitable to warn the
occupants within the dwelling.
[Ord. No. 2173; Ord. No. 2014-2230; Ord.
No. 2016-2253]
Every landlord of a residential unit is required to register the property with the Housing and Code Office by March 1. Those units covered under § 7-4 of this chapter would be exempt from this requirement.
Registration will be accomplished by the completion of an application
form available in the Housing and Code Division and on the Township
website.
a.
Fees.
The fee for the first registration by a landlord for a particular
unit shall be in the amount of $150 if the application is done online
or electronically. If the application is done in paper form, the fee
will be $200.
The fee for an annual renewal registration is $75 if done online
or electronically. If the renewal application is done in paper form,
the fee will be $100.
The late fee for the annual renewal is $75, which is in addition
to the renewal fee of $75.
All fees are due and payable by March 1 of each year.
[Added 12-5-2019 by Ord. No. 2326]
A certificate may be issued by the Housing Officer or Code Enforcement
Officer authorizing the sale or transfer of a property, structure,
dwelling unit or apartment which does not permit occupancy in such
property, structure, dwelling unit or apartment by those person(s)
or entities included in the application until such time as application
for, and issuance of, a certificate of occupancy is issued. A reinspection
fee will be charged for an inspection to issue a certificate of occupancy
certification if said inspection is done within 90 days of the original
inspection date. Should the inspection be completed subsequent to
the 90 days, a new application will be required to be completed for
a certificate of occupancy.
[Ord. No. 2173]
There is hereby established the Township of Ocean Multiple-Dwelling
Emergency Board, hereinafter referred to as the "Board." The membership
of the Board shall consist of the Township Manager, the Director of
Public Works, the Director of Community Development, the Director
of Finance, and a member of the Township Council who shall be selected
by the members of such Council and who shall serve as chairman. Any
conduct or action of the Board authorized by this section shall be
deemed valid and effective when taken by any three members of the
Board. At any meeting of the Board, a quorum shall consist of a majority
of the membership of the Board.
[Ord. No. 2173]
The duties of the Board shall consist of the following:
a.
Receiving, administering and expending security funds deposited pursuant
to the terms of this section.
b.
Examining those circumstances and conditions alleged to constitute
emergency conditions and declaring, where applicable, an emergency
condition to exist.
c.
Arranging, in accordance with the terms of this section, for the
prompt repair, maintenance, supply or replacement of those items of
structure, equipment or supplies which are necessary to correct, eliminate
or alleviate the emergency condition.
[Ord. No. 2173]
The owner or proprietor of a multiple dwelling shall deposit
with the Board security funds to be used for the repair, maintenance,
supply or replacement of those items of structure, equipment or supplies
which are necessary to correct, eliminate or alleviate an emergency
condition. The amount of the security funds to be deposited with the
Board shall be computed in the following manner:
a.
Where the owner owns between four and 25 dwelling units, the owner
shall deposit $100 for each unit.
b.
Where the owner owns over 25 units, the owner shall deposit $2,500
for the 25 units and $50 for each additional dwelling unit owned.
c.
In no event shall an owner be required to deposit more than $50,000
in security funds pursuant to this section.
d.
All funds required to be deposited under the terms of this section
shall be deposited with the Board by delivering such funds to the
Office of the Township Manager within 10 days after receipt of notice
from the Board or its agent of the amount due. Notice of the amount
due may be given by the Board or its agent by personally delivering
same to the owner or the owner's agent, servant, employee or
joint venture on the owner's premises, or by certified mail sent
to the owner's last registered address. Upon receipt of such
security funds, the Board shall transmit the funds immediately to
the Treasurer of the Township. The Treasurer shall place the funds
so received in an interest-bearing account in the name of the Township
in trust for each particular owner. All interest payable on such accounts
shall accrue to the benefit of that particular account and shall be
used for further security for the purposes set forth in this section.
[Ord. No. 2173]
In the event the Board spends money from any account as authorized by § 7-4, thus reducing the amount in the account and leaving less than the sum required as computed in Subsection 7-4.3, the Board shall immediately notify the owner, in the same manner as notification is given in Subsection 7-4.3, of the amount necessary to bring the account up to the originally required amount. The owner shall thereafter deposit the required sum necessary to bring the account up to the originally required amount with the Board within 10 days from the date of notice.
Where the Board has expended money from an account, the owner
of the premises may appeal to the Township Council for a hearing concerning
solely the issues of (a) that an emergency condition exists, and (b)
was the amount expended to remedy the emergency condition reasonable.
If such an appeal is desired, the owner shall, within 10 days of receiving
notice of the amounts expended, file with the Township Clerk a letter
requesting such appeal. The Township Council shall hold a hearing
regarding the above within 30 days from the request and they shall
render their decision within 14 days after the hearing has been concluded.
[Ord. No. 2173]
The Board shall be authorized to expend the moneys from the
account it maintains to correct, eliminate or alleviate an emergency
condition only when:
a.
It has examined those circumstances and conditions alleged to constitute
an emergency condition and have declared that such emergency condition
exists.
b.
The remedying of such emergency condition is the owner's responsibility.
c.
The owner or the owner's agent, servant, employee or joint venture
has received notice of the circumstances or conditions constituting
the emergency condition from either the Board or an affected tenant
and by personal service to registered agent, manager or employee on
premises or by certified mail or telegram.
e.
Where work was commenced within the twenty-four-hour period referred to in Subsection 7-4.5d, but such work has not been reasonably completed within 72 hours after the work was commenced so as to remove the emergency condition and such work under the applicable circumstances and in the opinion of the health officer or the construction official could have been completed within 72 hours.
f.
Any withdrawal or expenditure of security funds by the Board shall
require the signatures of any two members of the Board.
