a.
There is hereby established in the borough a State Uniform Construction
Code Enforcing Agency to be known as the Department of Building and
Housing, consisting of a construction official, fire protection subcode
official, plumbing subcode official, electrical subcode official,
building subcode official, and such other subcode officials for such
additional subcodes as the Commissioner of the Department of Community
Affairs, State of New Jersey, shall hereafter adopt as part of the
State Uniform Construction Code. The construction official shall be
the chief administrator of the enforcing agency. Any reorganization
of positions, or the opening of lines of authority between dispersed
personnel in different agencies is hereby delegated to the appointing
authority.
b.
Each official position created in subsection a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
c.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[1]
Editor's Note: Former subsection 10-1.2 pertaining to Construction Code Fees, previously codified herein and containing portions of Ordinance Nos. 0-76-11, 0-80-9, 0-81-3, 0-81-5—0-84-10, 0-91-09, 0-97-05, 0-00-01 and 0-02-13, was superseded by Ordinance No. 0-04-05. See Section 10-2 for Construction Code Fees.
In order to provide for the training, certification and technical
support programs required by the uniform construction code act and
the regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $.0006 per cubic foot
of volume of new construction. The surcharge fee shall be remitted
to the Bureau of Housing Inspection, Department of Community Affairs,
on a quarterly basis for the fiscal quarter ending September 30, December
31, March 31, and June 30, and not later than one month next succeeding
the end of the quarter for which it is due. In the fiscal year in
which the regulations first become effective, the fee shall be collected
and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal
year. In the fiscal year in which the regulations first become effective,
the report shall be for the third and fourth quarters only.
[1]
Editor's Note: Former Subsection 10-1.4, Miscellaneous Fees,
previously codified herein and containing portions of Ordinance Nos.
O-76-11, O-84-10, O-84-17 and O-91-09 has been removed at the direction
of the borough.
The Borough of Highlands shall deliver or make available to
the Department of Community Affairs any and all records and files
of the municipality necessary for the department to carry out its
function, and the department is hereby authorized to transfer such
records and files to a location designated by the department.
[Ord. No. O-2014-37; Ord. No. 2018-24 § 2]
a.
State of N.J. Training Fees. This fee shall be in the amount of $0.00334
per cubic foot of volume for new buildings and additions. Volume shall
be computed in accordance with N.J.A.C. 5:23-4.19(a)(b)1-6.
b.
General Fees.
1.
The fee for plan review shall be twenty percent (20%) of the amount
charged for a construction permit.
2.
The fee to be charged for a construction permit will be the sum of
the basic construction fee plus all applicable special fees. This
fee shall be paid before a permit is issued.
3.
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. This fee shall be in addition to the
construction permit.
4.
All fees shall be rounded to the nearest dollar.
5.
All fees shall be paid in cash, check or money order payable to the
Borough of Highlands.
c.
Fee Schedule. The basic construction permit fee shall be the sum
of the parts computed on the basis of volume or cost of construction,
the number of plumbing fixtures and pieces of equipment, the number
of electrical fixtures and rating of electrical devices, the number
of sprinklers, standpipes and detectors (smoke and heat) at the unit
rates and/or the applicable flat fees as provided herein plus any
special fees. The minimum fee for a basic construction permit covering
any and all of the technical subcodes shall be seventy-five dollars
($75).
For the purpose of determining estimated cost for renovations,
alterations, repairs, and the external utility connection for pre-manufactured
construction the applicant shall submit to the department such cost
data as may be available and produced by the architect or engineer
of record, or by a recognized estimating firm, or by the contractor.
A bona fide contractor's bid, or contract if available, shall be submitted.
The Construction Official and/or subcode official shall make the final
decision regarding the estimated cost.
The fee for an application for a variation in accordance with
N.J.A.C. 5:23-2.10 shall be two hundred fifty dollars ($250). The
fee for resubmission of an application for a variation shall be one
hundred twenty-five dollars ($125).
The fee to reinstate lapsed, suspended or revoked permits noted
in N.J.A.C. 5:23-216(b) or N.J.A.C. 5:23-2.16(f) or otherwise shall
be fifty dollars ($50) per outstanding subcode.
Any fee not specifically contained within this fee schedule
shall be based upon the State of New Jersey Department of Community
Affairs Fee Schedule.
1.
Building Subcode Fees.
|
Use
|
Fee
|
|---|---|
|
Minimum building subcode fee
|
$75.00
|
|
New construction or addition
|
$.030 per cubic foot
|
|
Alterations/renovations of existing building or structure
|
$30.00 per thousand dollars of estimated cost of work
|
|
Swimming pools (above ground)
|
$75.00
|
|
Swimming pools (inground)
|
$150.00
|
|
Storage sheds (greater than 100 sf)
|
$75.00
|
|
Fence installation for pool enclosure
|
$75.00
|
|
Demolition of dwelling (1- & 2-family)
|
$150.00
|
|
Demolition of all other use groups
|
$350.00
|
|
Demolition of accessory structure
|
$75.00
|
|
Tank abandonment/removal
|
$100.00
|
|
Tank installation
|
$50.00
|
|
Radon abatement
|
$75.00 per unit
|
|
Asbestos/removal
|
$100.00
|
|
Lead hazard abatement
|
$100.00
|
|
Signs (No permit required for signs installed in accordance
with N.J.A.C. 5:23-2.14(b)6.)
|
$75.00
|
|
Solar panel racking system
|
$30.00 per thousand dollars of estimated cost of work
|
|
Tents, tension membraned structures and canopies regulated by
building subcode
|
$150.00
|
|
Temporary structure (greater than 120 sf)
|
$75.00
|
|
Retaining walls
|
$30.00 per thousand dollars of estimated cost of work
|
|
U.C.C. certificate of occupancy
|
$125.00
|
|
Extension of temporary certificate of occupancy
|
$75.00
|
2.
Electric Subcode Fees.
|
Fixture/Equipment
|
Fee
|
|---|---|
|
Minimum subcode fee
|
$75.00
|
|
Electrical fixtures and devices:
| |
|
1-50 Receptacles, fixtures and devices to be counted
for these parts are lighting fixtures, wall switches, convenience
receptacles, sensors, dimmers, alarm devices, smoke and heat detectors,
communications outlets, light standards 8 feet or less in height including
luminaries, emergency lights, electric signs, exit lights or similar
electric fixtures and devices rated 20 amps or less including motors
or equipment rated less than 1 hp or 1 kW.
|
$75.00
|
|
Every additional 25 or fraction of:
|
$50.00
|
|
Alarm Panels (fire or security)
|
$50.00
|
|
Service Panels
| |
|
100 amps or less
|
$100.00
|
|
101-200 amps
|
$150.00
|
|
201-300 amps
|
$200.00
|
|
301-400 amps
|
$250.00
|
|
Every 100 amp increase over 400 amps
|
$75.00
|
|
Devices over 1 hp/kW, to 10 kW/hp
|
$50.00
|
|
Devices over 10 hp/10 kW to 50 kW/hp
|
$100.00
|
|
Devices over 50 kW/hp to 100 kW/hp
|
$150.00
|
|
Devices over 100 kW/hp to 150 kW/hp
|
$300.00
|
|
Increasing $75.00 for every 50 kW/hp over 150b kW/hp
| |
|
Above ground pools/spas/hot tubs/ fountains
|
$100.00
|
|
Inground pool shall include any "required" bonding, and associated
equipment such as filter pumps, motors, disconnecting means, switches,
required receptacles and heaters, etc., excepting panelboards and
underwater lighting fixtures
|
$150.00
|
|
Area lighting, 1 to 5 standards (greater than 8 feet)
|
$100.00
|
|
Area lighting, over 5 standards
|
$25.00 each
|
|
Electric appliances, oven, dishwasher, microwave, air conditioner,
heaters, water heaters, dryer, range, furnace, exhaust fan (over 1
kW), radon, lawn sprinklers
|
$50.00
|
|
Annual inspection for commercial swimming pools
|
$125.00
|
|
Transformer/generators:
[Amended 6-3-2013 by Ord.
No. 2013-3090] | |
|
1 kW up to and including 45 kW
|
$150.00
|
|
Greater than 45 kW up to and including 112.5 kW
|
$250.00
|
|
Greater than 122.5 kW
|
$475.00
|
3.
Fire Protection Subcode Fees.
|
Fixture/Equipment
|
Fee
|
|---|---|
|
Minimum subcode fees
|
$75.00
|
|
Storage tank installations for flammable and combustible liquids:
| |
|
Tanks up to 500 gallons
|
$100.00
|
|
501-1000 gallons
|
$150.00
|
|
1001-2000 gallons
|
$200.00
|
|
2001-5000 gallons
|
$350.00
|
|
5001-10,000 gallons
|
$500.00
|
|
10,001-19,999 gallons
|
$750.00
|
|
Underground fire water mains-standpipe and sprinkler systems:
| |
|
Underground fire water mains (each building)
|
$300.00
|
|
Standpipe systems
|
$300.00
|
|
Additional standpipe risers
|
$150.00
|
|
Sprinklers (other than R-5):
| |
|
1-10
|
$150.00
|
|
11-25
|
$250.00
|
|
For each additional 25 heads or part thereof the
fee shall be increased by:
|
$75.00
|
|
Fire hydrants on private property
|
$200.00
|
|
Residential sprinklers in new single family
|
$200.00
|
|
Preaction/Dry pipe valve (incl. compressor)
|
$250.00
|
|
Fire pumps
| |
|
Fire pumps
|
$300.00
|
|
Jockey/booster pumps
|
$250.00
|
|
Smoke, heat and duct detectors and fire alarm panels:
| |
|
Detectors (R-5 use group):
| |
|
1-12
|
$50.00
|
|
13-25
|
$100.00
|
|
For each additional 25 detectors or part thereof,
the fee shall be:
|
$75.00
|
|
Carbon Monoxide Detectors:
| |
|
1-5
|
$25.00
|
|
5-10
|
$50.00
|
|
10+
|
$5.00 each
|
|
Fire Alarm panels (R-5 use group):
| |
|
1-12 devices
|
$25.00
|
|
13-25 devices
|
$50.00
|
|
For each additional 25 detectors or part thereof,
the fee shall be:
|
$75.00
|
|
Detectors (all other use groups):
| |
|
1-12
|
$150.00
|
|
13-25
|
$200.00
|
|
Each additional 25 devices or part thereof:
|
$75.00
|
|
Fire Alarm Panels (all other use groups):
| |
|
1-12
|
$150.00
|
|
13-25
|
$200.00
|
|
Each additional 25 devices or part thereof:
|
$75.00
|
|
Manual fire alarm systems
| |
|
Pull Stations:
| |
|
1-10
|
$150.00
|
|
11-25
|
$250.00
|
|
For each additional 10 pull stations or part thereof,
the fee shall be:
|
$25.00
|
|
Emergency light/exit signs
| |
|
1-5
|
$50.00
|
|
6-10
|
$100.00
|
|
11-15
|
$150.00
|
|
16-20
|
$200.00
|
|
21-25
|
$250.00
|
|
For each additional emergency light or exit sign
the fee shall be:
|
$10.00
|
|
Independent pre-engineered suppression system (including dry
chemical, wet chemical, halon, carbon dioxide, etc.):
| |
|
Pre-engineered suppression system
|
$175.00
|
|
Kitchen exhaust hoods and flammable/ combustible liquid exhaust
hoods:
| |
|
Kitchen exhaust hoods
|
$150.00
|
|
Flammable/combustible liquids exhaust hood
|
$300.00
|
|
Incinerators and crematoriums
|
$500.00
|
|
Gas, masonry and wood burning fireplaces, wood burning and other
unconventional heating devices:
| |
|
Fireplaces, stoves and other heating devices
|
$75.00
|
|
Chimney liner
|
$35.00
|
|
Gas or oil fired furnaces:
| |
|
Furnace
|
$75.00
|
|
Chimney liner
|
$35.00
|
|
Elevator/smoke detectors recall systems:
| |
|
Elevator recall systems
|
$150.00
|
|
Smoke removal systems:
| |
|
Smoke removal systems
|
$300.00
|
|
Gasoline station tanks and pumps:
| |
|
New gasoline station tank installation up to 10,000
gallons and up to six (6) pumps
|
$750.00
|
|
Each additional gasoline tank up to 10,000 gallons,
(installed at the same time as new installation)
|
$200.00
|
|
Additional gasoline pumps-new or replacement
|
$200.00
|
|
Replacement gasoline tanks
|
See tank installation #1
|
|
Fire Department lock box/Knox-Box®:
| |
|
Lock box
|
$25.00
|
4.
Plumbing Subcode Fees.
|
Fixture/Equipment
|
Fee
|
|---|---|
|
Minimum fee
|
$75.00
|
|
Water closet
|
$25.00
|
|
Urinal/bidet
|
$25.00
|
|
Bath tub
|
$25.00
|
|
Lavatory
|
$25.00
|
|
Shower
|
$25.00
|
|
Floor drain
|
$25.00
|
|
Sink
|
$25.00
|
|
Dishwasher
|
$25.00
|
|
Drinking fountain
|
$25.00
|
|
Washing machine
|
$25.00
|
|
Hose bib
|
$25.00
|
|
Other plumbing fixtures
|
$25.00
|
|
Gas piping
|
$75.00
|
|
Fuel oil piping
|
$75.00
|
|
Steam boiler/furnace
|
$75.00
|
|
A/C or refrigeration unit
|
$75.00
|
|
Water heater
|
$75.00
|
|
Other gas appliances (stove/range/pool htr/fireplace)
|
$75.00
|
|
Generator
|
$75.00
|
|
Sewer pump
|
$75.00
|
|
Interceptor/separator
|
$75.00
|
|
Water powered sump (incl. backflow prevention device)
|
$130.00
|
|
Sump Pump
|
$75.00
|
|
Grease trap
|
$75.00
|
|
Sewer connection (per 100 feet)
|
$75.00
|
|
Backflow prevention device (no charge for device used on boilers)
|
$85.00
|
|
Water service connection (per 100 feet)
|
$75.00
|
|
Active solar system
|
$75.00
|
|
Special device
|
$75.00
|
|
High pressure gas regulators
|
$65.00
|
|
LPG tanks above ground
| |
|
Up to 500 gal.
|
$95.00
|
|
501-2000 gal.
|
$125.00
|
|
LPG tanks under ground
| |
|
Up to 2000 gal.
|
$125.00
|
|
Septic tank abandonment
|
$75.00
|
|
Swimming pool drains/vacuum release device
|
$75.00
|
|
Lawn sprinkler (incl. backflow preventer)
|
$95.00
|
|
Yard hydrants (does not incl. related piping)
|
$75.00
|
[Ord. No. O-2018-24 § 2]
Pursuant to Chapter 10, Section 5, of the Revised General Ordinances of the Borough of Highlands, the following fees are hereby established:
a.
Certificate of occupancy for rental with one (1) inspection: one
hundred dollars ($100).
b.
Certificate of occupancy for resale with one (1) inspection: one
hundred dollars ($100).
c.
Added reinspection for certificate of occupancy: fifty dollars ($50).
d.
Housing certificates of occupancy that require electrical inspection
are not charged a fee for initial inspection. Any violations cited
by the Electrical Subcode Inspector must have an electrical application
with fee paid before the certificate of occupancy is issued
[Added 10-2-2019 by Ord.
No. O-19-16]
Pursuant to § 10-14, Business Certificate of Occupancy, the following fees are hereby established:
This section shall be known and may be cited as the "Minimum
Housing Standards Ordinance of the Borough of Highlands."
[Ord. No. O-1984-11; Ord. No. O-2013-27 § 1; Ord. No. O-2013-35 § 1]
For the purposes of this section the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the context, words used in the present tense
include the future, words in the plural number include the singular
number, and words in the singular number include the plural number.
The word "shall" is always mandatory and not merely directory.
Shall mean approved in accordance with regulations promulgated
by the building department.
Shall mean a portion of any dwelling located partly underground
but having less than half its clear floor-to-ceiling height below
the average grade of the adjoining ground.
Shall mean the Borough of Highlands.
Shall mean the Building Code of this borough, and/or applicable
State, Federal or national codes.
Shall mean the building inspector of this borough.
Shall mean a portion of any dwelling having half or more
than half of its clear floor-to-ceiling height below the average grade
of the adjoining ground.
Shall mean a building or structure, except temporary housing,
which is wholly or partly used or intended to be used for living or
sleeping by human occupants.
Shall mean a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Shall mean a room or enclosed floor space used or intended
to be used for living, sleeping, or eating purposes, excluding bathrooms,
water closet compartments, laundries, foyers, pantries, communicating
corridors, stairways, closets, basement recreation rooms, and storage
spaces.
Shall mean any home improvement that involves raising an
entire residential or non-commercial structure to a higher level above
ground in order to avoid flood damage.
Shall mean a contractor or subcontractor who engages in the
practice of home elevation.
Shall mean any dwelling or part thereof containing three
or more dwellings per unit.
Shall mean any person including an owner, operator or person
living and sleeping in a dwelling unit or rooming unit.
Shall mean the part of a window or door which is available
for unobstructed ventilation and which opens directly to the outdoors.
Shall mean any person having charge, care, management, or
control of any dwelling or part of it, in which dwelling units or
rooming units are let.
Shall mean any person who, alone, jointly or severally with
others, holds legal or equitable title to any dwelling, rooming house,
dwelling unit, or rooming unit.
Shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
Shall mean water-heating facilities, water pipes, garbage
disposal units, waste pipes, water closets, sinks, installed dishwashers,
lavatories, bathtubs, shower baths, installed clothes-washing machines,
catch basins, drains, vents, and other similar supplied fixtures,
together with all connections to water or sewer lines.
Shall mean the Plumbing Code of this borough, and/or other
State, Federal or national codes.
Shall mean a lot, plot or parcel of land including the buildings
and structures thereon.
Shall mean any dwelling, or that part thereof containing
one or more rooming units, in which space is let to three or more
persons.
Shall mean any room or group of rooms forming a single habitable
unit used or intended to be used for living and sleeping, but not
for cooking or eating purposes.
Shall mean installed, furnished or provided by the owner
or operator at his expense.
Shall mean any dwelling containing two dwelling units.
Shall mean all ground, lawn, court, walk, driveway or other
open space constituting part of the same premises as a dwelling.
No person shall occupy as owner-occupant or shall let to another
for occupancy within any dwelling, rooming house, dwelling unit, or
rooming unit which does not comply with the following minimum standards
for basic equipment and facilities:
a.
Dwelling Units. Every dwelling unit shall contain within its walls:
1.
Lavatory facilities. A room, separate from the habitable rooms which
affords privacy and which is equipped with a flush water closet.
2.
Basin. A lavatory basin located in the same room as the required
flush water closet.
3.
Bathtub or shower. A room, separate from the habitable room, which
affords privacy to a person in the room and which is equipped with
a bathtub or shower.
(a)
Sharing by dwelling unit in same dwelling. The occupants of
not more than two dwelling units which are located in the same dwelling
may share a single flush water closet, a single lavatory basin, and
a single bathtub or shower provided:
(1)
Neither of the two dwelling units contains more than two rooms;
however, for the purpose of this subsection, a kitchen with not more
than 75 square feet of floor area is not counted as a room;
(2)
The habitable room area of each of such dwelling units aggregates
not more than 300 square feet.
(3)
The water closet and lavatory basin are within a room, separate
from the habitable rooms, which affords privacy and ventilation, and
which is accessible to the occupants of each dwelling unit without
going through the dwelling unit of another person or outside the dwelling;
(4)
The bathtub or shower is within a room, separate from the habitable
rooms, which affords privacy and ventilation and which is accessible
to the occupants of each dwelling unit without going through the dwelling
unit of another person or outside the dwelling.
4.
Kitchen sink. A kitchen sink.
b.
Water Line Connections. Every kitchen sink, lavatory, basin and bathtub
or shower required by this section shall be properly connected with
both hot and cold water lines. The hot water lines shall be connected
to supplied water-heating facilities which are capable of heating
water to such a temperature as to permit an adequate amount of water
to be drawn at every required kitchen sink, lavatory basin, and bathtub
or shower at a temperature of not less than 120 degrees Fahrenheit,
even when the heating facilities required by this section are not
in operation.
1.
Plumbing fixtures. All plumbing fixtures required by this section
shall be properly connected to an approved water system and to an
approved sewerage system.
c.
Rubbish Collection. Every multi-family dwelling shall have approved
common garbage and rubbish storage or disposal facilities.
d.
Rooming House; Additional Sanitation Standards.
1.
Lavatories. Every rooming house shall be equipped with at least one
flush water closet, one lavatory basin and one bathtub or shower for
each six persons or fraction thereof living within the rooming house,
including members of the family of the owner or operator if they share
the use of facilities. In a rooming house in which rooms are let only
to males, flush urinals maybe substituted for not more than one-half
the required number of water closets. All such facilities shall be
properly connected to approved water and sewerage systems. No such
facilities located in a basement or cellar shall count in computing
the number of facilities required by this subsection except when approved
by the building inspector.
(a)
Every flush water closet, flush urinal, lavatory basin, and
bathtub or shower required by this subsection shall be located within
the rooming house in a room or rooms which: (1) afford privacy and
are separate from the habitable rooms; (2) are accessible from a common
hall and without going outside of the rooming house; (3) are not more
than one story removed from the rooming unit of any occupant intended
to share the facilities.
(b)
Bedding and towels. Where bedding, bed linen or towels are supplied,
the owner or operator shall maintain the bedding in a clean and sanitary
manner, and he shall furnish clean bed linen and towels at least once
every week and prior to the letting of any room to any occupant.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit or rooming
unit which does not comply with the following minimum standards for
ventilation, light and heating:
a.
Windows and Openable Space.
1.
Habitable rooms. Every habitable room shall have at least one window
or skylight which can be easily opened and which faces directly to
the outdoors. The minimum openable area for such room shall be eight
percent of the floor area of said room and for every basement recreation
room except where there is some other device approved by the building
inspector or other designated official as affording adequate ventilation.
2.
Bathrooms. Every bathroom and water closet compartment shall have
at least one window facing to the outdoors and having a minimum openable
area of eight percent of the floor area of such room except where
there is supplied some other device approved by the building inspector
or other designated official as affording adequate ventilation.
3.
Insufficient airspace. Whenever a window of a room faces a wall or
other portion of any abutting structure which is located less than
three feet from the window and extends to a level above that of the
ceiling of the room, the window shall not be counted in calculating
window area or openable area.
4.
Skylight-type windows. A skylight-type window shall be considered
as a window for the purpose of this subsection provided said skylight
has an openable area of at least 50 percent of the required minimum
window area.
5.
Public halls and stairways. Each public hall and stairway in every
two-family dwelling, multi-family dwelling and rooming house shall
be adequately ventilated.
(a)
Two-family dwelling, multi-family dwelling and rooming house.
Every public hall and stairway in every two-family dwelling, multi-family
dwelling and rooming house shall be adequately lighted at all times
except that in a two-family dwelling an adequate lighting system which
may be turned on when needed by conveniently located light switches
shall be permitted instead of a full-time lighting system.
(b)
Standards for installation. Every outlet and fixture shall be
properly installed and maintain in good and safe working condition.
b.
Heating. Every dwelling must have heating facilities which are capable
of safely and adequately heating all habitable rooms, bathrooms, and
water closet compartments within its walls to a temperature of at
least 68 degrees Fahrenheit when the outside temperature is 50 degrees
Fahrenheit.
1.
Gas heaters. Unvented portable heating equipment employing a flame
and unvented heating equipment using gasoline or kerosene do not meet
the standards of this section and are prohibited.
No person shall occupy or shall let to another for occupancy
any dwelling, rooming house, dwelling unit, or rooming unit which
does not comply with the following minimum standards for space and
occupancy.
a.
Habitable Floor Area. Every dwelling
unit shall contain at least 150 square feet of habitable floor area
for each occupant, and at least 100 square feet of additional habitable
floor area for each additional occupant, the floor space to be calculated
on the basis of total habitable room area.
(1)
Exception for children under one year of age. For the purposes of
this subsection, a person under one year of age shall not be counted
as an occupant.
b.
Sleeping Rooms. In every dwelling unit and in every rooming unit,
every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one occupant shall contain at least
50 square feet of floor area for each occupant.
c.
Calculation of Floor Area. Floor area shall be calculated on the
basis of habitable room area. Closet area shall not be included in
said calculations. Hall area within the dwelling unit, where provided,
may count for not more than ten of the required habitable floor area.
At least one-half of the floor area of every habitable room shall
have a ceiling height of at least seven feet; and the floor area of
any part of any room where the ceiling height is less than five feet
shall not be considered as part of the floor area in computing the
total floor area of the room to determine maximum permissible occupancy.
d.
Cellars. No cellar shall be used for living purposes.
e.
Basements. No basement shall be used for living purposes unless:
1.
The floors and walls are substantially watertight.
2.
The total window area, total openable area and ceiling height are
in accordance with this section.
3.
The required minimum window area of every habitable room is entirely
above the grade of the ground adjoining such window area, not including
stairwells or access ways.
No person shall occupy as owner-occupant or shall let to another
for occupancy any dwelling, rooming house, dwelling unit, or room
unit which does not comply with the following minimum standards for
safe and sanitary maintenance:
a.
Foundations, Exterior Walls and Roofs. Every foundation, exterior
wall and exterior roof shall be substantially weathertight, watertight
and rodent proof; shall be kept in sound condition and good repair;
and shall be safe to use and capable of supporting the load which
normal use may cause to be placed thereon.
b.
Floors, Interior Walls and Ceiling. Every floor, interior wall and
ceiling shall be substantially rodent proof; shall be kept in sound
condition and good repair; and shall be safe to use and capable of
supporting the load which normal use may cause to be placed thereon.
c.
Windows and Exterior Doors. Every window, exterior door and basement
or cellar door and hatchway shall be substantially weathertight, watertight
and rodent proof; and shall be kept in sound working condition and
good repair.
d.
Stairways and Porches. Every inside and outside stair, porch and
any appurtenance thereto shall be safe to use and capable of supporting
the load that normal use may cause to be placed thereon; and shall
be kept in sound condition and good repair.
e.
Plumbing Fixtures. Every plumbing fixture shall be properly installed
and maintained in sound mechanical condition, free from defects, leaks
and obstructions and in accordance with the Plumbing Code, and/or
other State, Federal or national codes.
f.
Bathroom Floor Surfaces. Every water closet compartment floor surface
and bathroom floor surface shall be constructed and maintained so
as to be substantially impervious to water and so as to permit such
floor to be easily kept in a clean and sanitary condition.
g.
Maintenance of Required Equipment and Utilities. Every supplied facility,
piece of equipment or utility, which is required under this section,
and every chimney and smokepipe shall be so constructed and installed
that it will function safely and effectively, and shall be maintained
in sound working condition.
No owner, operator or occupant shall furnish or use any cooking
equipment which does not comply with the following minimum standards:
a.
Every piece of cooking equipment shall be so constructed and installed
that it will function safely and effectively and shall be maintained
in sound working condition.
b.
Portable cooking equipment employing flame and cooling equipment
using gasoline or kerosene as fuel for cooking are prohibited.
a.
Sanitation.
1.
Every occupant of a dwelling, dwelling unit or rooming unit shall
maintain in a clean and sanitary condition that part of the dwelling,
dwelling unit and yard which he occupies and controls; and shall be
responsible for his own misuse of areas and facilities available in
common.
2.
Every owner or operator of a two-family dwelling multi-family dwelling
or rooming house shall maintain in a clean and sanitary condition
the shared or public areas of the dwelling and yard.
3.
Every occupant of a dwelling unit shall keep all supplied facilities,
including plumbing fixtures and cooking equipment, in a clean and
sanitary condition and shall be responsible for the exercise of reasonable
care in their proper use and operation.
b.
Removal of Waste Matter.
1.
Every occupant of a dwelling unit shall dispose of all rubbish, ashes,
garbage, and other organic waste in a clean and sanitary manner by
placing it in approved storage or disposal facilities which are safe
and sanitary. Every occupant shall provide such facilities for and
within his dwelling unit and shall maintain them in a clean and sanitary
manner. The owner or operator of a multi-family dwelling shall be
responsible for the clean and sanitary maintenance of common storage
or disposal facilities. He shall be responsible further for placing
out for collection all common garbage and rubbish containers, except
where such facilities are for the sole use of an occupant, under which
circumstances it shall be the responsibility of the occupant to place
these containers out for collection.
2.
Every owner or operator of every rooming house shall dispose of all
rubbish in a clean and sanitary manner by placing it in approved storage
or disposal facilities which are safe and sanitary. Said facilities
to be supplied by owner.
c.
Extermination.
1.
Every occupant of a dwelling unit shall be responsible for the extermination
of any insects, rodents or other pests in it or in the yard. In a
two-family dwelling or a multi-family dwelling the occupant shall
be responsible for such extermination whenever his dwelling unit is
the only one infested. When, however, infestation is caused by failure
of the owner or operator to maintain a dwelling in a rodent-proof
or substantially insect-proof condition, extermination shall be the
responsibility of the owner or operator.
2.
Every owner or operator shall be responsible for extermination of
any insects, rodents or other pests whenever infestation exists in
two or more of the dwelling units in any dwelling or in the shared
or public areas of any two-family dwelling or any multi-family dwelling.
3.
Every owner or operator of a rooming house shall be responsible for
the extermination of any insects, rodents or other pests in it or
in the yard.
d.
Heat. During that time of the year when it is necessary, as determined
by the building inspector or other designated official, every owner
or operator of every two-family dwelling, multi-family dwelling and
rooming house shall supply adequate heat to every habitable room therein
except where there are separate heating facilities for each dwelling
unit, whose facilities are under the sole control of the occupant
of such dwelling unit.
e.
Utilities. No owner, operator or occupant shall cause any service
equipment or utility which is required by this section to be removed,
shut off or discontinued for any occupied dwelling let or occupied
by him, except for such temporary interruption as may be necessary
while actual repairs or alterations are in process, or during temporary
emergencies.
f.
Janitorial Service. Every multiple dwelling in which the owner or
operator does not reside shall have a janitor as found necessary by
the building inspector.
g.
Transfer of Responsibility. A contract effective as between owner
and operator, operator and occupant or owner and occupant, with regard
to compliance hereunder shall not relieve any part of his direct responsibility
under this section.
h.
Notice of Maximum Occupancy. Every owner or operator shall advise
the occupant in writing either by insertion in the lease between the
parties or otherwise of the maximum number of occupants permitted
in the occupied premises under this section.
[Ord. No. O-2013-27 § 2; Ord. No. O-2013-35 § 2]
a.
All home elevation contractors engaging in home elevation in the
Borough shall be registered with the Division of Consumer Affairs
in the Department of Law of Public Safety.
b.
All home elevation contractors engaging in home elevation in the
Borough shall comply with the provisions of the "Contractors' Registration
Act," P.L. 2004, c. 16.
c.
Prior to commencing any home elevation in the Borough, the home elevation
contractor and subcontractor, if any shall have an in-person pre-elevation
meeting and site walk-through with the Construction Code Official.
d.
Insurance. All home elevation contractors engaged in home elevation
in the Borough shall secure, maintain, and file with the Borough proof
of a certificate of commercial general liability insurance in a minimum
amount of $1,000,000 per occurrence; and shall additionally carry
insurance in the minimum amount of $500,000 per occurrence to cover
the contents of the premises for any peril not covered in the homeowner's
insurance policy that could result from elevating the home.
e.
Bond. No permit shall be issued for a home elevation project until
the home elevation contractor has filed a bond in an amount determined
to be sufficient by the Borough Engineer. The bond shall be executed
by the home elevation contractor as principal and a surety company
licensed to do business in the State of New Jersey as surety and shall
be conditioned as follows:
1.
To indemnify and hold harmless the Borough from all loss, damage,
claim or expense, including expenses incurred in the defense of any
litigation, arising out of injury to any person or property resulting
from any work done by the home elevation contractor.
2.
To indemnify the Borough for any expense incurred in enforcing any
of the provisions of this section.
3.
To indemnify any person who shall sustain personal injuries or damage
to his/her property as a result of any act or omission of the home
elevation contractor, his/her agents, employees or subcontractors
done in the course of any work under the permit.
|
One bond may be accepted to cover a number of home elevation
projects by the same home elevation contractor. Bonds shall remain
in force for a period to be determined by the Borough Engineer.
|
f.
Violations. Any person who is found to be in violation of this section shall be subject to a fine in accordance with Section 1-5 of the Borough Code and not less than $1,000.00. Additionally, any person who is found to be in violation of this section shall be barred from engaging in home elevation in the Borough for a period of two (2) years.
[Ord. No. O-84-11; Ord. No. O-2017-12]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Borough, which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy
or use are inimical to the welfare and dangerous and injurious to
the health and safety of the people of the Borough, and that a public
necessity exists for the repair, closing or demolition of such building
or buildings, or part thereof. It is hereby found that there exists
in the Borough building or buildings, which are unfit for human habitation
or occupancy, or use, due to dilapidation, defects increasing the
hazards of fire, accidents or other calamities, lack of ventilation,
lack of sanitary facilities, or due to other conditions rendering
such building or buildings, or part thereof, unsafe or insanitary,
or dangerous or detrimental to the safety or otherwise inimical to
the welfare of the residents of the Borough, and as to which the Borough
has the power, pursuant to N.J.S.A. 40:48-2.3 et seq. to exercise
its police powers to repair, close or demolish or cause or require
the repairing, closing or demolition of such building or buildings,
or part thereof in the manner herein provided.
[Ord. No. O-84-11; Ord. No. O-2017-12]
The public officer shall be appointed for a term of one (1)
year. He shall be nominated by the Mayor and confirmed by the Governing
Body and when so appointed, he shall exercise the powers prescribed
by this section. The Governing Body may, by resolution, fix the salary
to be paid such public officer.
[Ord. No. O-84-11; Ord. No. O-07-13; deleted by Ord. No. O-2017-12]
[1]
Editor's Note: Subsection 10-4.3 Substandard Housing Committee
was dissolved by Ordinance No. O-2017-12
[Ord. No. O-84-11; Ord. No. O-85-17 § 1; Ord. No. O-2017-12]
a.
Whenever a petition is filed with the public officer by a public authority or by at least five (5) residents of the Borough charging that any building is unfit for human habitation or occupancy or use, the public officer shall make a preliminary investigation. If his preliminary investigation discloses a basis for such charges, he shall 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. The complaint shall also contain a notice that a hearing will be held before the public officer, or his designated agent, at a place therein fixed, not less than seven (7) days, nor more than thirty (30) days after the serving of said complaint. The notice shall state that the owner and parties in interest have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time affixed in the complaint; and that the rules of evidence prevailing in the courts shall not be controlling in hearings before the public officer. The complaint shall be served in the manner provided in subsection 10-4.8, paragraphs g through j, and subsection 10-4.10 or subsection 10-4.15 hereof.
b.
The public officer is authorized to physically inspect any premises
as to which he has probable cause to believe that said premises is
in violation of any State, County or local statute, ordinance or regulation
relating to the: (i) prevention of defects increasing the hazards
of fire, accident or other calamities; (ii) lack of adequate ventilation,
light or sanitary facilities; (iii) dilapidation; (iv) disrepair.
In any instance where the owner of a premises refuses the public officer's
request to allow the public officer to inspect the premises or any
portion of same then the public officer shall be authorized to obtain
an administrative search warrant to inspect said premises. The Municipal
Magistrate is authorized to issue said warrant according to law and
in accordance with the same procedure required for the issuing of
penal search warrants as set forth in the Rules Governing Civil Practice
of the Courts of New Jersey.
c.
Search warrants issued under this section shall not authorize the
removal of any article of property from the premises and searches
conducted pursuant to said warrants shall be conducted at a reasonable
hour and in a manner so as to cause minimal inconvenience to the owner
or owners of the premises inspected.
d.
In executing the warrant the public officer may elect to be accompanied
by such other Borough officials, including but not limited to, the
Construction Official; the Health Officer; Fire Chief or his designee;
Welfare Director; Plumbing Inspector; Building Inspector or Assistant
Building Inspector; Fire Inspector and/or the Electrical Inspector
as he may choose to assist him in the conduct of a full inspection
of the premises.
[Ord. No. O-84-11; Ord. No. O-2017-17]
a.
The public officer may determine that a building is unfit for human
habitation or occupancy or use if he finds that conditions exist in
such building which are dangerous or injurious to the health or safety
of the occupants of such building, the occupants of neighboring buildings
or other residents of the Borough; such conditions may include the
following, by way of illustration: defects therein increasing the
hazards of fire, accident or other calamities; lack of adequate ventilation,
light or sanitary facilities; dilapidation; disrepair, structural
defects, uncleanliness.
b.
Without in any way limiting the standards and conditions set forth
in paragraph a hereinabove and without in any way requiring that any
one or all of the conditions hereinafter set forth be found in order
to declare a building unfit for human habitation, occupancy or use,
the following are additional standards to guide the public officer,
or his agent, in determining the fitness of a building for human habitation
or occupancy or use:
1.
Those whose interior walls or other vertical structural members list,
lean or buckle, to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
2.
Those which, exclusive of the foundation, show thirty-three (33%)
percent or more, of damage, disrepair or deterioration of the supporting
member or fifty (50%) percent of damage, disrepair or deterioration
of the non-supporting enclosing or outside walls or covering.
3.
Those which have improperly distributed loads upon the floor or roofs
or in which the same are overloaded, or which have insufficient strength
to be reasonably safe for the purpose used.
4.
Those structures and every part thereof which are not maintained
in good repair by the owner or agent and fit for human habitation;
also, where the roof is not maintained so as not to leak and where
all rain water is not properly drained and conveyed therefrom so as
not to cause dampness in the wall or ceilings on the interior or exterior.
5.
Those structures which are not maintained in proper repair so as
to give adequate protection from the elements and those structures
where the windows and doors do not fit properly and where all exterior
wood surfaces are not protected from the elements and decay by painting
or other protective covering.
6.
Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety, morals, or the general health
and welfare of the occupants of the people of the Borough of Highlands.
7.
Those which have become or are so dilapidated, decayed, unsafe, insanitary
or which so utterly fail to provide the amenities essential to decent
living that they are unfit for human habitation, or are likely to
cause sickness or disease, so as to work injury to the health, morals,
safety or general welfare of those living therein.
8.
Those having light, air and sanitation facilities which are inadequate
to protect the health, morals, safety or general welfare of human
beings who live or may live therein.
9.
Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, elevators, fire escapes
or other means of communication.
10.
Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
11.
Those dwelling units which lack the following facilities in good
working order: a sink, flush toilet and bathtub or stall shower supplied
by a sufficient supply of potable running water and connected to the
sanitary sewerage disposal system of the Borough or to any approved
individual or sewerage disposal system according to N.J.S.A. 58:11
-1 et seq.
12.
Those which lack permanent, safe and reasonable efficient kitchen
facilities within the dwelling unit, including sink with running water
and provisions for a cooking stove which conform to the Plumbing Code
of the Borough and the Fire Prevention Code of the Borough.
13.
Those dwelling units and public hallways which do not have a safe
electric lighting system.
14.
Those where every habitable room does not contain a window or windows
which open directly to the outside air, and the total area of such
window or windows is less than eight (8%) percent of the floor area
of such room.
15.
Those dwelling units not having a separate access either to a hallway
or landing stairway leading to the street.
16.
Those dwelling units having rooms with less than 1,050 cubic feet
of air space and 100 square feet of floor space for one occupant,
plus 100 square feet of floor space for each additional occupant.
Any room used for sleeping purposes having less than 70 square feet
is also deemed uninhabitable.
17.
Those basement dwelling units having rooms with ceiling height of
less than seven (7) feet or whose walls and floors have not been damp-proofed
and waterproofed by an approved method if in contact with earth.
18.
Those whose courts, yards or other areas on the premises are not
properly drained.
19.
Those with fences in a dilapidated condition.
20.
Those which have been damaged by fire, wind or other causes, so as
to have become dangerous to life, safety, or the general health and
welfare of the occupants or the people of the Borough.
21.
Those whose yards, lawns, courtyards, terraces, porches, balconies
and accessory buildings are not kept clean and free of rodent and
vermin infestation and rat-proofed according to existing ordinances.
22.
Stores or places of business converted to living purposes must conform
to the above standards and all show windows must be replaced by conventional
type home windows which conform to the requirements of this section.
23.
Those buildings existing in violation of any provision of the Building
Code of the Borough, or any provisions of the Fire Code or other ordinances
of the Borough, and/or State, Federal and national codes.
24.
Those dwelling units having an oil space heater as a source of heat
or unvented portable heater.
25.
Those which because of their condition are unsafe, insanitary, or
dangerous to the health, morals, safety or general welfare of the
people of this Borough.
[Ord. No. O-84-11; Ord. No. O-2017-17]
The following standards shall be followed in substance by the
Building Inspector or other applicable official in ordering repair,
vacation or demolition:
a.
If the "dangerous building" can reasonably be repaired so that it
will no longer exist in violation of the terms of this section it
shall be ordered repaired.
b.
If the "dangerous building" is in such condition as to make it dangerous
to the health, morals, safety, or general welfare of its occupants
it shall be ordered to be vacated.
c.
In any case where a "dangerous building" is fifty (50%) percent damaged
or decayed, or deteriorated from its original value or structure,
it shall be demolished, and in all cases where a building cannot be
repaired so that it will no longer exist in violation of the terms
of this section it shall be demolished. In all cases where a "dangerous
building" is a fire hazard existing or erected in violation of the
terms of this section or any ordinance of the Borough or statute of
the State of New Jersey, it shall be demolished.
[Ord. No. O-1984-11; Ord. No. O-2014-6; Ord.
No. O-2017-17]
b.
The Borough, by resolution of its Governing Body, may abate a nuisance, correct a defect, or put the premises in proper condition so as to comply with the requirements of any Borough ordinance or State law applicable thereto, at the cost of the owner or lessor, and expend Borough funds for such purpose and charge the same against the premises, and the amount thereof as determined by the Governing Body of the Borough shall be a lien against the premises and collectible as provided in subsection 10-4.11 hereof.
[Ord. No. O-84-11; Ord. No. O-85-17 § II; Ord. No. O-2017-17]
The duties of public officer shall:
a.
Inspect or cause to be inspected, all public buildings, schools, halls, churches, theaters, hotels, tenements, commercial, manufacturing or loft buildings for the purpose of determining whether any conditions exist which render such places as "dangerous building" within the terms of subsection 10-4.7 of this section.
b.
Inspect any building, wall or structure about which complaints are
filed by any person to the effect that a building, wall or structure
is or may be existing in violation of this section.
c.
Inspect any building, wall or structure reported (as hereinafter
provided for) by the Fire or Police Departments of this Borough as
probably existing in violation of the terms of this section.
d.
Inspect buildings in the following sections of this Borough, to determine whether they are "dangerous buildings" within the terms of subsection 10-4.7 of this section.
e.
Obtain administrative search warrants when necessary to aid investigations
and inspections of premises covered by this section.
f.
Appear at all hearings and testify as to the condition of "dangerous
buildings."
g.
Place a notice on all "dangerous buildings" reading as follows:
"This building has been found to be a dangerous building by
the building inspector. This notice is to remain on this building
until it is repaired, vacated or demolished in accordance with the
notice which has been given to the owner, occupant, lessee, mortgagee,
or agent of this building, and all other persons having an interest
in said building as shown by the land records of the Tax Collector
of the Borough of Highlands. It is unlawful to remove this notice
until such notice is complied with."
h.
Notify in writing the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building as shown by the land records of the Tax Collector of the Borough of Highlands, of any building found by him to be a "dangerous building" within the standards set forth in subsection 10-4.5 of this section; the occupant or lessee must vacate the building or may have it repaired in accordance with the notice and remain in possession; the mortgagee, agent or other persons having an interest in said building as shown by the land records of the Tax Collector of the Borough may at his own risk repair, vacate or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate or demolish any building shall be given such reasonable time, not exceeding thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
i.
Set forth in the notice provided for in paragraph g hereof, a description
of the building or structure deemed unsafe, a statement of the particulars
which make the building or structure a "dangerous building" and an
order requiring the same to be put in such condition as to comply
with the terms of this section within such length of time, not exceeding
thirty (30) days, as is reasonable.
j.
Set forth in said notice provided for in paragraph h above that said
owner shall appear before him on the date specified in the notice
to show cause why the building or structure reported to be a "dangerous
building" should not be repaired, vacated or demolished in accordance
with the statement of particulars set forth in the notice provided
for herein in paragraph h above.
1.
Hold a hearing and hear such testimony as the Building Inspector,
or the owner, occupant, mortgagee, lessee or any other person having
an interest in said building as shown by the land records of the tax
assessor shall offer relative to the "dangerous building."
2.
Make written findings of fact from the testimony offered pursuant
to paragraph f as to whether or not the building in question is a
"dangerous building" within the terms of this section.
3.
Issue an order based upon findings of fact made pursuant to this subsection commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building as shown by the Tax Assessor, to repair, vacate or demolish any building found to be a "dangerous building" within the terms of this section and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said "dangerous building," or any person not the owner of said "dangerous building" but having an interest in said buildings shown by the Tax Assessor may demolish said "dangerous building" at his own risk to prevent the acquiring of a lien against the land upon which said "dangerous building" stands by the Borough as provided in subsection 10-4.9 hereof. Any person removing the notice provided for in subsection 10-4.8, paragraph g hereof shall be subject to a fine not exceeding five hundred ($500.00) dollars for each offense.
[Ord. No. O-84-11; Ord. No. O-2017-17]
If the owner, occupant, mortgagee or lessee fails to comply with the order provided for in subsection 10-4.8 paragraph j3 hereof within ten (10) days, the public officer shall cause such building or structure to be repaired, vacated or demolished as the facts may warrant, under the standards hereinbefore provided for in subsection 10-4.5 of this section, and shall, with the assistance of the Borough Attorney, cause the costs of such repair, vacation or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner; provided, that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this Borough, the public officer shall notify the Borough Attorney to take legal action to force the owner to make all necessary repairs or demolish the building, subject to the approval of the Governing Body.
[Ord. No. O-84-11; Ord. No. O-2017-17]
Complaints, notices and orders issued by the public officer
pursuant to this section shall be served upon persons either personally
or by registered mail. If the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and he shall make an affidavit to that effect,
then the serving of such complaint, notice or order upon such persons
may be made by publishing the same once in a newspaper printed and
published in the Borough, or in the absence of such newspaper, in
one printed and published in the County and circulating in the Borough.
A copy of such complaint, notice or order shall be posted in a conspicuous
place on the premises affected by the complaint, notice or order.
A copy of such complaint, notice or order shall be duly recorded with
the County Clerk of the County of Monmouth.
[Ord. No. O-84-11; Ord. No. O-2017-17]
a.
The amount of the cost of:
1.
Filing of legal papers, expert witnesses' fees, search fees and advertising
charges in the course of any proceeding taken under this section determined
in favor of the Borough; and
2.
Such repairs, alterations or improvements, or vacating and closing,
or removal or demolition, as the case may be, shall be a municipal
lien against the real property upon which such cost was incurred.
If the building is removed or demolished by the public officer, he
shall sell the materials of such building. The proceeds of any such
sale of such materials or any sum derived from any contract for the
removal or demolition of the building shall be credited against the
cost of the removal or demolition thereof, including the clearing,
and, if necessary, levelling of the site. If there are no such credits,
or if the sum of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
as a lien certificate with the Borough Tax Assessor and a copy thereof
shall be sent forthwith to the owner by registered mail.
b.
If the total of the credits exceeds such costs, the balance remaining
shall be deposited by the public officer in the Superior Court of
New Jersey and shall be secured in such manner as may be directed
by such court. The proceeds shall be disbursed according to the order
or judgment of such court to the persons found entitled thereto by
final order or judgment of the court. Any owner or party in interest
may, within thirty (30) days from the date of the filing of the lien
certificate, proceed in a summary manner in the Superior Court of
New Jersey to contest the reasonableness of the amount or the accuracy
of the costs set forth in the lien certificate.
[Ord. No. O-84-11; Ord. No. O-2017-17]
The public officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provision of this section, including the following powers,
in addition to others herein granted:
a.
To investigate building conditions in the Borough in order to determine
which buildings are unfit for human habitation or occupancy or use.
b.
To administer oaths and affirmations; examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examinations; provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
[Ord. No. O-84-11; Ord. No. O-85-17 § III; Ord. No. O-2017-17]
The Borough Attorney shall:
a.
Prosecute all persons failing to comply with the terms of the notices
provided for herein and the order provided for in this section.
b.
Appear at all hearings before the public officer in regard to "dangerous
buildings."
c.
Bring suit to collect all municipal liens, assessments, or costs
incurred by the public officer in repairing or causing to be vacated
or demolished "dangerous buildings."
d.
Assist the public officer in obtaining administrative search warrants
where necessary to effectuate the purposes of this section.
e.
Take such other legal action as is necessary to carry out the terms
and provisions of this section.
[Ord. No. O-1984-11; Ord. No. O-2014-6; Ord.
No. O-2017-17]
In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a "dangerous building" as defined herein is immediately repaired, vacated or demolished, the Building Inspector or other designated official shall report such facts to the public officer and 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. The costs of such emergency repair, vacation or demolition of such "dangerous building" shall be collected in the same manner as provided in subsection 10-4.11 hereof.
[Ord. No. O-84-11; Ord. No. O-2017-17]
In cases, except emergency cases, where the owner, occupant,
lessee or mortgagee is absent from the Borough, all notices or orders
provided for herein shall be sent by registered mail to the owner,
occupant, mortgagee, lessee and all other persons having an interest
in said building as shown by the records of the Tax Collector to the
last known address of each, and a copy of such notice shall be posted
in a conspicuous place on the "dangerous building" to which it related.
Such mailing and posting shall be deemed adequate service.
[Ord. No. O-84-11; Ord. No. O-2017-17]
No officer, agent, or employee of the Borough of Highlands shall
render himself personally liable for any damage that may accrue to
persons or property as a result of any act required or permitted in
the discharge of his duties under this section. Any suit brought against
any officer, agent or employee of the Borough of Highlands as a result
of any act required or permitted in the discharge of his duties under
this section shall be defended by the Borough, by the Borough Attorney
or special counsel until the final determination of the proceedings
therein.
[Ord. No. O-84-11; Ord. No. O-2017-17]
The employees of the Fire Department shall make a report in
writing to the Building Inspector of all buildings or structures which
are, may be, or are suspected to be "dangerous buildings" within the
terms of this section.
[Ord. No. O-84-11; Ord. No. O-2017-17]
All employees of the Police Department shall make a report in
writing to the Building Inspector of any buildings or structures which
are, may be, or are suspected to be "dangerous buildings" within the
terms of this section.
[Ord. No. O-84-11; Ord. No. O-2017-17]
It is the intention of the Borough Council that each separate
provision of this section shall be deemed independent of all other
provisions herein, and it is further the intention of the Governing
Body that if any provision of this section be declared invalid, all
other provisions thereof shall remain valid and enforceable.
[Ord. No. O-84-11; Ord. No. O-2017-17]
The public officer shall delegate and fix the duties of such
officers, agents and employees as he deems necessary to assist him
in carrying out the purposes of this section, subject to the confirmation,
by resolution, of the Borough Council, and may delegate any of his
functions and powers under this section to such officers, agents and
employees as he may designate.
[Ord. No. O-84-11; Ord. No. O-2017-17]
The public officer may request the Borough Officials, including,
but not limited to, the Construction Official; Health Officer; Fire
Chief or his designee; Welfare Director; Plumbing Inspector; Building
Inspector or Assistant Building Inspector; Fire Inspector and/or the
Electrical Inspector to assist him in determining whether a building
under this section shall be demolished or repaired pursuant to the
provisions of this section but the final order or determination in
any case shall be deemed to be the order of determination of the public
officer.
[Ord. No. O-84-11; Ord. No. O-85-17 § 4; Ord. No. O-2017-17]
a.
The owner of any "dangerous building" who shall fail to comply with
any notice or order to repair, vacate or demolish said building given
by any person authorized by this section to give such notice or order
shall be subject to assessment of a fine not exceeding five hundred
($500.00) dollars for each offense and a further sum of fifty ($50.00)
dollars for each and every day such failure to comply continues beyond
the date fixed for compliance. This is in addition to any penalties
which may be imposed on owner, occupant or lessee for violation of
any criminal, disorderly persons or other ordinance violation.
The occupant or lessee in possession who fails to comply with
any notice to vacate and who fails to repair said building in accordance
with any notice given as provided for in this section shall be subject
to a fine not exceeding one thousand ($1,000.00) dollars for each
offense and a further sum of fifty ($50.00) dollars for each and every
day such failure to comply continues beyond the date fixed for compliance.
This is in addition to any penalties which may be imposed on owner,
occupant or lessee for violation of any criminal, disorderly persons
or other ordinance violation.
b.
The owner of any premises who refuses to allow inspection of his premises requested pursuant to an administrative search warrant obtained pursuant to the terms of this section (Chapter 10, Section 10-4, subsection 10-4.1 et seq.) shall be subject to a fine not exceeding one thousand ($1,000.00) dollars and/or may be subject to imprisonment in the County Jail for a period not to exceed ninety (90) days.
[Ord. No. O-70-10 § 1]
As used in this section:
a.
FAMILY – Shall mean any number of individuals related by blood,
marriage or adoption and their domestic employees living together
as a single housekeeping unit and sharing rooms and other housekeeping
facilities in common.
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 person designated by the borough
to inspect and issue certificates of occupancy pursuant to this section.
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.
[Ord. No. O-70-10 § 2; Ord. No. O-84-10 §§ 5, 7; Ord. No. O-00-06; Ord.
No. O-07-20]
No person shall rent, lease or allow any person to live in or
occupy as a tenant, any room, dwelling, apartment or the like except
if the same is part of a motel or hotel unless a certificate of occupancy
is obtained from the inspector after an inspection certifying that
the room, dwelling, apartment or the like is fit for human habitation
and is in compliance with all applicable Federal and State laws and
borough ordinances.
Notwithstanding anything to the contrary contained herein, no
room located within a licensed rooming or boarding house within the
Borough of Highlands shall be required to submit to a certificate
of occupancy inspection requirement more than once every three months,
or four times in any given calendar year, except where otherwise required
by State law or regulation.
A certificate of occupancy shall be required of all new construction, new rental situations or rerental situations or sales or resales. The said certificate of occupancy shall apply only to the tenancy for which it is issued. In the event that the rental unit has been inspected as new construction or a sale or resale of an existing structure and a certificate of occupancy issued, then a subsequent inspection for a rental certificate of occupancy and the receipt of a rental certificate of occupancy shall not be required so long as the unit is rented within 30 days of the issuance of the certificate of occupancy for new construction, sale or resale, and the owner complies with the application provisions of subsection 10-5.3. The inspector shall prepare appropriate application forms for such a certificate of occupancy, which shall be available to applicants at the office of the inspector.
[Ord. No. O-70-10 § 3; Ord. No. O-00-06; Ord.
No. O-13-3]
a.
Applications for certificates of occupancy shall be made in writing
to the inspector and shall state:
1.
The name, address and principal place of business of the owner.
2.
Such description of the room, dwelling, apartment or the like, by
street number or otherwise, as will enable the inspector easily to
locate the same.
3.
The name and address of the principal place of business of the agent,
if any, appointed by the owner for the management of same.
4.
The names and ages of all persons who are to occupy the premises,
or if not known at the time of the application, to be provided within
seven days of the date the tenants occupy the premises.
5.
In the event that the premises has been damaged between the dates
of October 29, 2012 and October 31, 2012, such that the premises was
deemed uninhabitable by an appropriate government official, the applicant,
provided the occupant(s) is the same individual(s) who occupied the
premises on October 29, 2012, need not provide the names and ages
of all persons who are to occupy the premises at the time the application
for the certificate of occupancy is made to the inspector. Rather,
the applicant need only provide the inspector with the names and ages
of all persons who are to occupy the premises within thirty (30) days
after issuance of the certificate of occupancy. This paragraph shall
only apply to the initial application for a certificate of occupancy
made after the premises has been deemed uninhabitable; this paragraph
shall not apply to any subsequent application for a certificate of
occupancy.
b.
If the certificate of occupancy is issued for new construction, sale or resale pursuant to subsection 10-5.2, there shall be an entry noted on said certificate next to the date of issuance, specifying the date when the tenants commenced occupancy.
c.
The owner, applicant, agent, and tenant shall have a continuing obligation
to report any changes in the information provided on the application
during the occupancy of the unit, including but not limited to the
names and ages of the individuals who reside there. This information
shall be provided to the office of the inspector within seven days
of any such change.
[Ord. 0-70-10, § 4; Ord. O-07-20]
The owner shall not more than 30 days prior nor less than ten
days after a tenant vacates a room, dwelling, apartment or the like,
file with the office of the inspector a statement containing the address
of the premises and the number or other specific description of the
place vacated.
Notwithstanding anything to the contrary contained herein, no
owner of a room located within a licensed rooming or boarding house
within the Borough of Highlands shall be required to submit to a certificate
of occupancy inspection requirement more than once every three months,
or four times in any given calendar year, except where otherwise required
by State law or regulation.
[Ord. 0-70-10, § 5 & 6; Ord. O-07-20]
No such vacated room, dwelling, apartment or the like shall
be rented or occupied in whole or in part by any new tenant until
an inspection has been made by the inspector to determine whether
such room, dwelling, apartment or the like is in violation of any
applicable Federal and State law or borough ordinance. If no violation
exists, the inspector shall issue a certificate of occupancy; otherwise
he shall notify the owner in writing setting forth the specific existing
violations. The inspection shall be made and either a certificate
of occupancy or a notice of violation shall be issued within five
days from the date of application. If the inspection is not accomplished
in the five day period, the room, dwelling, apartment or the like
may be occupied by the new tenant but subject to the right of the
borough to inspect the room, dwelling, apartment or the like and if
a violation is found, to cause the premises to be vacated within ten
days from the date of notice thereof.
Notwithstanding anything to the contrary contained herein, no
room located within a licensed rooming or boarding house within the
Borough of Highlands shall be required to submit to a certificate
of occupancy inspection requirement more than once every three months,
or four times in any given calendar year, except where otherwise required
by State law or regulation.
[Ord. 0-70-10, § 7]
The certificate of occupancy issued shall be posted in a conspicuous
place in the room, dwelling, apartment or the like upon the issuance
thereof.
[Ord. 0-70-10, § 8; Ord. 0-80-9; Ord. 0-84-10,
§ 6; Ord. No. O-2018-24, § 3]
[Ord. 0-84-10; § 8]
a.
Any person who violates any of the above sections of this article,
or who violates an order of the inspector duly made and promulgated
pursuant to this article, or who interferes with the inspector shall,
upon conviction thereof, be punished by a fine not exceeding five
hundred ($500.00) dollars or by imprisonment for a term not exceeding
90 days, or both. A separate offense shall be deemed committed on
each day during or on which a violation occurs or continues.
b.
The imposition and collection of any penalty imposed by the provisions
of paragraph a of this subsection shall not constitute any bar to
the right of the borough to any other action or proceeding provided
for in this article.
[Ord. 0-67-7, § 1]
It is hereby found and declared that the existence or occupation
of any building, or part in the borough which are so old, dilapidated
or have become so out of repair as to be dangerously unsafe, unsanitary
or otherwise unfit for human habitation or occupancy or use, are inimical
to the welfare and dangerous and injurious to the health and safety
of the borough residents and that a public necessity exists for the
repair, closing or demolition of such building or part. It is hereby
found that there exists in the borough, buildings which are unfit
for human habitation or occupancy, or use, due to dilapidation, defects
increasing the hazards of fire, accidents or other calamities, lack
of ventilation, light or sanitary facilities or due to other conditions
rendering such building or part, unsafe, unsanitary, dangerous or
detrimental to the safety or otherwise inimical to the welfare of
the borough residents and as to which the borough has the power, pursuant
R.S. 40:48-2.3 et seq. to exercise its police powers to repair, close
or demolish, or cause or require the repairing, closing or demolition
of such building or part in the manner provided in this section.
[Ord. No. 0-67-7, § 2]
As used in this section:
a.
PUBLIC OFFICER – Shall mean the officer who is appointed by
the mayor and council to exercise the powers prescribed for him.
b.
PUBLIC AUTHORITY – Shall mean any housing authority or any
officer who is in charge of any department or branch of the government
of the borough, county or State relating to health, fire, building
regulations, or to other activities concerning buildings in the borough.
c.
OWNER – Shall mean the holder of the title in fee simple.
d.
PARTIES IN INTEREST – Shall mean all individuals, associations
and corporations who have interests of record in a building and any
who are in actual possession thereof.
e.
BUILDING – 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.
f.
DWELLING – Shall mean a building or portion thereof providing
living or sleeping facilities for one or more persons.
For the purpose of this section the public officers may determine
that a dwelling is unsafe or unfit for human habitation if they find
that conditions exist in such dwellings which are dangerous or injurious
to the health or safety of the occupants of such dwelling, the occupants
of neighboring dwellings or other borough residents. Such conditions
may include the following, without limiting the generality of the
foregoing defects, therein increasing the hazards of fire, accident
or other calamities; lack of adequate ventilation, light, or sanitary
facilities, dilapidation, disrepair, structural defects or uncleanliness.
Pursuant to R.S. 40:49-5.1 the New Jersey State Housing Code
is approved by the Department of Health and Conservation and Economic
Development and filed in the Secretary of State's office is hereby
accepted, adopted and established 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 the New Jersey State Housing Code is annexed hereto
and three copies of the same have been placed on file in the office
of the borough clerk and are available to all persons desiring to
use and examine the same.
a.
A summer dwelling is any building wholly or partly used or intended
to be used for living or sleeping by human occupants during the summertime
from the Friday preceding Memorial Day weekend until the Tuesday following
Labor Day, such unit not having heat.
b.
The summer dwelling shall not be required to comply with section
8.1 of the New Jersey State Housing Code but shall in all other respects
comply with the same.
c.
Any summer dwelling which shall be converted to all year occupancy
shall comply with the New Jersey State Housing Code and shall not
be occupied without a certificate of occupancy.
No owner shall permit, nor shall any person occupy, any dwelling
in the borough without obtaining from the building inspector a housing
occupancy certificate certifying that the officer has made an inspection
of the premises on a specified date and they comply in all respects
with the requirements of this section.
Whenever a petition is filed with the public officers by a public
authority as defined in R.S. 40:48-2.4 or by at least five residents
of the borough charging that any dwelling is unfit for human habitation
as herein defined or any structure is dangerous or unsafe or whenever
it appears to the public officers, on their own motion, that any dwelling
is unsafe or unfit for human habitation, or that any building is dangerous
or unsafe 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 dwelling a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the mayor and council at a place therein fixed not
less than ten days nor more than 30 days after service of the complaint.
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 courts of law or equity shall
not be controlling in hearing before the mayor and council.
If, after notice and hearing, the mayor and council determine
that the building under consideration is unfit for human habitation
or is dangerous or unsafe, they shall state in writing their findings
of fact in support of the determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order
requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time. The time shall be set
forth in the order or at the option of the owner to vacate or to have
the building vacated and closed within the time set forth in the order
and upon failure to do so, the owner shall remove or demolish the
building within a reasonable time as specified in the order for removal.
If the owner shall fail to comply with an order to repair, alter
or improve or at the option of the owner, to vacate and close the
building the mayor and council may cause the building to be vacated
and closed. The mayor and council may post 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".
If the owner fails to comply with an order to remove or demolish
the building the mayor and council may cause such building to be removed
or demolished or may contract for same after advertisement for and
receipt of bids therefor.
The amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges, incurred in
the course of any proceeding taken under this section determined in
favor of the municipality, and such costs of repairs, alterations
or improvements, or vacating and closing, or removal or demolition
if any, or the amount of the balance thereof remaining, after deduction
of the sum, if any, realized from the sale of materials derived from
the building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which the
cost was incurred. If the building is removed or demolished by the
mayor and council, they shall sell the materials of the building.
There shall be credited against the cost of the removal or demolition
thereof, the proceeds of any sale of 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 costs exceeds the
total of credits, a detailed statement of the aforesaid costs and
the amount so due shall be filed with the tax assessor or other custodian
of the records of tax liens and a copy thereof shall be forwarded
to the owner by registered mail. If the total of the credits exceed
such costs the balance remaining shall be secured in such a manner
as may be directed by the superior 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 the court. Nothing in this section
shall be construed to impair or limit in any way the power of the
borough to define and declare nuisances and to cause their removal
or abatement by summary proceedings or otherwise. Any owner or party
in interest may, within 60 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 in the accuracy of the
costs set forth in the municipal lien certificate.
Complaints or orders issued by the public officer or the mayor
and council shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the public officers, in the exercise of reasonable
diligence, and the public officers, 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 each week for two successive weeks
in a newspaper printed and published in the County of Monmouth. A
copy of the complaint or order shall be duly recorded or lodged for
record with the county recording officer of the county in which the
dwelling is located.
Any person aggrieved by an order issued by the mayor and council
in this section may, within 60 days after publication and service
of the order, bring an action for injunctive relief to restrain the
mayor and council from carrying out the provisions of the order and
for any other appropriate relief. The remedy herein provided shall
be exclusive and no person affected by an order of the mayor and council
shall be entitled to recover any damages for action taken pursuant
thereto or because of noncompliance by any person with any order of
the mayor and council.
The public officers or the mayor and council are hereby authorized
and empowered to exercise such powers as may be necessary or convenient
to carry out and effectuate the purposes and provisions of this section
including the following in addition to others herein granted:
a.
To investigate the dwelling conditions in the borough in order to
determine which dwellings therein are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon 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 section.
e.
To delegate any of the functions and powers under this section to
such officers and agents as may be designated.
This section covers construction, erection and maintenance requirements
for signs and outdoor display structures with respect to safety, size
and location.
a.
Signs:
1.
SIGN – Shall mean any structure or part thereof, or any device
attached to a structure or painted or represented on a structure,
which shall display or include any letter, word, model, banner, flag,
pennant, insignia, device, or representation used as, or which is
in the nature of an announcement, direction, or advertisement. A sign
shall include any billboard, shall not include the flag, pennant,
or insignia of any nation, or group of nations, or of any state, city,
or other political unit, or of any political, educational, charitable,
philanthropic, civic, professional, religious or like campaign, drive,
movement, or event. A sign, as designed herein, shall not include
a similar structure or device located within a building.
2.
BUSINESS SIGN – Shall mean a sign which directs attention to
a business or profession conducted or to products sold upon the same
lot. A "For Sale" or "To Let" sign relating to the lot on which it
is displayed shall be deemed a business sign.
3.
ADVERTISING SIGN – Shall mean a sign which directs attention
to a business, commodity, service, or entertainment conducted, sold,
or offered elsewhere than upon the same lot.
4.
ILLUMINATED SIGN – Shall mean any sign designed to give forth
any artificial light, or designed to reflect such light deriving from
any source which is intended to cause such light or reflection. A
"flashing sign" shall be any illuminated sign on which the artificial
light is not maintained stationary and constant in intensity and color
at all times when in use.
b.
SIGN AREA – The area of a sign shall include all faces of a
sign measured as follows:
1.
When the sign is on a plate or framed or outlined, all of the area
of such plate or the area enclosed by such frame or outline as well
as the frame shall be included.
2.
When the sign consists only of letters, designs, or figures projected
or in any manner affixed on a wall other than painted, the wall being
of the same material as the entire face of the building, the total
area of the sign shall be considered to be the aggregate area of all
the smallest rectangles which shall enclose each of the letters, symbols,
or devices which constitute the sign.
a.
Permit Required. No sign shall be hereafter erected or constructed
except as provided in these requirements and until a permit for same
has been issued by the borough building inspector.
b.
Applications. Before any permit is issued an application shall be
filed which shall state the name of the owner of the property upon
which the sign is to be erected, the name of the owner of the sign
and his address, the name and address of the person or firm engaged
to construct and erect the sign. The application shall contain an
accurate description of the dimensions of the sign and the materials
of which the same is to be constructed and, if the sign is to be erected
upon any part of a building, a scale drawing of the part of the building
upon which the sign is erected, showing the size and location of the
sign. The application shall also state the type of illumination to
be used in the sign. Only outdoor display advertising shall be subject
to permit fee.
c.
Fees. The fees for an exterior sign in the borough for which a permit
is required shall be:
1.
For a business sign that is parallel to the face of any wall of the
building not extending more than eight inches and is not more than
30 square feet, the fee shall be $3.00. Over 30 square feet, the fee
shall be $5.00.
2.
For a business sign that is affixed to a building and extends more
than eight inches, if it is not more than eight square feet, the fee
shall be $5.00. Over eight square feet, the fee shall be $8.00.
3.
For a freestanding sign, a roof sign and an advertising sign, the
fee shall be $25.00.
4.
For all nonresidential signs that are granted a variance, the fee
shall be $50.00 per year.
5.
All fees shall be for one year, payable in January. Once the initial
residential sign permit is properly obtained, and the fee paid, the
residential property owner shall have no further obligation to pay
future permit fees, or renew the permit, unless the sign is moved
or replaced.
6.
All active businesses shall be permitted one wall business sign without
a fee.
7.
If both sides of a sign direct attention to the same business, commodity,
service, or entertainment, only one fee shall be paid.
d.
Replacement of Existing Sign. Any residential property owner seeking
to replace an existing sign with a sign of the same dimensions and
type as the prior sign shall be required to obtain a permit for the
same. If the sign is to be placed in the same location as the old
sign, and the new sign has the same dimensions and is of the same
type as the older sign, no further permit fee shall be required.
[1]
Editor's Note: Effective upon passage of Ordinance No. 0-95-08,
adopted 5-24-95 any residential property owner with a valid sign permit
shall not be obligated to make further application to the borough
or annually renew such permit.
a.
Signs in Residential Districts. The following signs shall be permitted:
1.
An announcement sign or signs, not exceeding one square foot in area,
shall be permitted for each tenant and owner on premises used for
residential purposes.
2.
On premises used for residential purpose which contain a permitted
office. In addition to the sign or signs permitted by paragraph 1
above, a professional announcement sign, the dimensions of which shall
not exceed one square foot, shall be permitted on premises used for
a residential purpose which contains a permitted office.
3.
A sign not exceeding 25 square feet in area, whether affixed to a
structure or freestanding, referring to the use and to the activities
carried on upon the premises, shall be permitted on premises used
for a permitted institution.
b.
Signs in Business Districts. Within business districts, only the
following signs shall be permitted:
1.
A sign or signs referring to or advertising the premises upon which
it is located or displayed, or to the identity of the occupant thereof,
or to a service rendered thereon or therein, or to a product or item
available therein, or to a permitted trade, business, or profession
carried on thereon or therein may be erected on any wall entrance,
one on any wall facing on a street, and one on any wall facing an
immediately adjacent off-street parking area accommodating at least
12 motor vehicles. Such sign shall be erected parallel to the face
of the wall, not extending more than eight inches therefrom; the bottom
of which shall be at least seven and one-half feet above the level
of the sidewalk, the top of which shall not project above the building
wall to which it is affixed; and it shall be rigidly and securely
attached thereto. The area of each sign shall not exceed three square
feet for each foot of building frontage occupied by the individual
business on the first floor erecting the sign and upon which it is
attached, except that in addition, in the case of open letter signs,
the area of the smallest rectangle enclosing all letters, symbols,
or other devices shall not exceed three square feet for each foot
of building frontage. Where there shall be more than one occupant
of the building, the total areas of all signs of all occupants, taken
in the aggregate, shall not exceed the maximum requirements above
set forth for each wall upon which any sign is permitted to be erected.
Any permitted area of signs based on building frontage shall not be
transferred from one frontage to another nor from one portion of a
building frontage to another.
2.
In the case of premises, the use of which involves no structure,
or on which the structure is set back at least 25 feet from the street
line, a freestanding sign not exceeding 30 square feet in area or
60 square feet in aggregate area if both sides shall have signs, may
be erected for the purpose set forth in paragraph 1 above, if its
own metal substructure shall be rigidly and securely attached to the
ground so as to create no danger to life and limb; provided that the
top of such sign shall not be more than 18 feet above the level of
the ground or the bottom less than four feet and that it shall not
extend over the street line.
3.
A sign limited to those purposes set forth in paragraph 1 and showing
or evidencing membership in a retail or professional organization
or credit card or credit association or plan, or showing manufacturers'
or legally required licenses, may be attached to or painted on a store
window on the exterior or interior of any structure, the total area
of such signs not to exceed 30 percent of the window space.
4.
Individual tenants occupying upper floors in any building may have
announcement signs next to the main entrance door of such building
not exceeding one square foot in area which shall be in addition to
the area of signs permitted in the case of first floor occupancy.
5.
A sign affixed to a building that extends over eight inches shall
not exceed 25 square feet.
Without limiting the generality of the preceding provisions
of this section, the following signs shall be prohibited:
a.
Signs on which the colors red or green are used either in direct
illumination or in high reflection by the use of special preparation
such as fluorescent paint or glass, if located within 200 feet of
a traffic light.
b.
Intermittent, animated, flashing, moving, or fluttering signs with
varying light intensity except inside of store windows and such light
intensity shall not exceed 50 watts. Signs which give time or temperature
are exempted from this prohibition.
c.
Any sign visible from the public right of way using the word "Stop"
that may affect the flow of traffic.
d.
Any freestanding sign within an area bounded by the intersection
of street side lines and points 30 feet from such intersection measured
along the street lines.
e.
It shall be unlawful for any person to place any advertisement upon
or across any public property such as sidewalks, hydrant, lamp post,
tree, telephone, telegraph, or electric light pole or fence in any
public street or place.
f.
No strings or streamers of flags, pennants, spinners, or other similar
devices strung across, upon, over, or along any premises or building,
whether as a part of any sign or not, shall be allowed within any
district, except those which shall be specifically exempted.
g.
No signs are permitted in the public right-of-way or on any public
property.
The provisions and regulations of this section shall not apply to the following signs, provided such signs shall remain subject to the provisions of subsection 10-7.8.
a.
A professional name plate or sign identifying a tenant or owner affixed
to the door or adjacent wall of premises so used, not to exceed one
square foot per professional occupant, tenant, or owner.
b.
A memorial sign or tablet, or sign indicating the name of a building,
on the date of its erection, when cut into any masonry surface or
when constructed of bronze or other incombustible material.
c.
Sign of a temporary nature advertising any political, educational,
charitable, civic, professional, religious or like campaign or event
provided however that such signs shall be removed from the property
not later than seven days after the event or election.
d.
Signs for public convenience and welfare erected by or on behalf
of the United States of America, the State of New Jersey, the County
of Monmouth, and the Borough of Highlands; traffic controls in private
ways and parking lots; legal notices; posters, direction or warning
signs, or other signs required for the operation of the railroad or
for the convenience or instruction of persons using the facilities
of the railroad; signs referring to the instruction of persons using
the facilities of the railroad; signs referring to the use and to
activities carried on in a permitted institutional use; or other signs
required by law.
e.
Signs customary and necessary in the offering of real estate for
sale or to let by the owner thereof in residence districts, not to
exceed four square feet in area for existing or new structures or
20 square feet in area on the plots of new development. All such signs
shall be at least 25 feet from any street line unless attached to
a portion of a building that may be nearer to the street line. Signs
customary and necessary in the offering of real estate for sale or
to broker, in nonresidential districts, not to exceed 16 square feet
in area.
f.
Temporary signs, customary and necessary in connection with the erection
of buildings or other construction work shall be limited to one sign
for each construction project and shall include only the identification
of the project, the building, architects, engineers, and contractors.
Such sign may be freestanding or attached to the premises but shall
not exceed 12 square feet in area and shall be removed at the completion
of construction.
g.
The interior contents of lawfully permitted signs specifically designed
to be changed from time to time, such as church announcement boards,
theater marquees, restaurant menus, and the like.
h.
All signs referred to in paragraphs d, e, and f of this subsection
may be freestanding or attached to the premises.
Any sign permitted by the provisions of this section may be
nonilluminated or nonflashing illuminated. An illuminated sign shall
have the sources of illumination shielded in such manner that it shall
not be visible from the street or adjoining property. An illuminated
sign in the interior of a building shall, if visible from any street
or adjacent properties, meet all the requirements of this section,
and the area thereof shall not either by itself or cumulatively with
any other exterior or interior illuminated sign or signs hereby permitted,
exceed the total area permitted for exterior signs. Floodlighting
fixtures used to light parking lots, service stations, and other areas
shall be aimed so that the direct beams shall not be directed towards
the street or adjoining property.
If the building inspector shall find that any sign is unsafe
or insecure, or is a menace to the public, he shall give written notice
to the owners of the premises upon which such sign may be erected.
If the owner, agent, or person shall fail to remove or alter the sign
so as to comply with the standards herein set forth within ten days
after notice, the sign or other advertising structure may be removed,
or altered to comply, by the building inspector at the expense of
the owner, agent or person having the beneficial use of the premises
upon which such sign may be erected. The building inspector may cause
any sign or other advertising structure which is an immediate peril
to persons or property to be removed summarily and without notice.
Any person violating any provision of this section shall be
subject to a fine of not more than two hundred fifty ($250.00) dollars
for each violation.
Private pools used for swimming or bathing that are equipped
with permanent or portable water recirculating systems or involving
structural materials shall be in conformity with the requirements
of this section.
No swimming pool or appurtenances thereto shall be constructed,
installed, enlarged or altered until a permit has been obtained from
the building official. The approval of all city, county and State
authorities having jurisdiction over swimming pools shall be obtained
before applying to the building official for a permit. Certified copies
of these approvals shall be filled as part of the supporting date
for the application for permit.
Plans shall accurately show dimensions and construction of pool
and appurtenances and properly established distances to lot lines,
buildings, walks and fences; details of water supply system, drainage
and water disposal systems, and all appurtenances pertaining to the
swimming pool.
No wall of a swimming pool shall be located less than six feet
from any rear or side property line or ten feet from any street property
line.
Private swimming pools shall be designated and installed so
that there is a pool water turnover at least once every 18 hours.
Filters shall not filter water at a rate in excess of five gallons
per minute per square foot of surface area. The pool owner shall be
instructed in proper care and maintenance of the pool, by the supplier
or builder, including the use of high test calcium hypochlorite (dry
chlorine) or sodium hypochlorite (liquid chlorine) or equally effective
germicide and algaecide and the importance of proper pH (alkalinity
and acidity) control.
The swimming pool and equipment shall be equipped to be completely
emptied of water and the discharged water shall be disposed of in
an approved manner that will not create a nuisance to adjoining property.
All appurtenant structures, installations, and equipment, such
as showers, dressing rooms, equipment houses or other buildings and
structures, including plumbing, heating, and air conditioning, among
others appurtenant to a swimming pool, shall comply with all applicable
requirements of the building code and the zoning law.
All swimming pool accessories shall be designed, constructed,
and installed so as not to be a safety hazard. Installations or structures
for diving purposes shall be properly designed and located for maximum
safety.
a.
The construction and installation of electrical wiring for equipment
in or adjacent to swimming pools, to metallic appurtenances in or
within five feet of the pool, and to auxiliary equipment such as pumps,
filters, and similar equipment shall conform to electrical code.
b.
Swimming pools containing 24 inches or more of water in depth at
any point, shall be provided with an adequate enclosure either surrounding
the property or pool area, sufficient to make such pool of water inaccessible
to small children. Such enclosure, including gates therein, must be
not less than four feet above the underlying ground; all gates must
be self latching with latches placed four feet above the underlying
ground or otherwise made inaccessible from the outside to small children.
c.
Self enclosed deck pools with railings and swing-up ladder shall
have the finished deck at least four feet above grade and the access
ladder must be installed so that the ladder is locked in the "up"
position.
Any swimming pool which is required to be inspected annually
or at more frequent intervals by any local, County or State regulation
shall pay an inspection fee of fifty ($50.00) dollars for each required
inspection.
[Ord. No. O-88-5 § 1; Ord. No. O-93-07 § 1; Ord. No. O-07-14; Ord.
No. O-2017-16]
There is hereby adopted, for the purpose of providing regulations
for the protection of public health, safety and welfare in existing
buildings within the Borough, that certain code known as "International
Code Council (ICC) International Property Maintenance Code, 2015 Edition"
and any subsequent supplements or amendments thereto, or new editions
thereof, as published by International Code Council, which is hereby
adopted as the Property Maintenance Code of the Borough of Highlands
in the State of New Jersey for the control of buildings and structures
as herein provided; and each and all the regulations, provisions,
penalties, conditions and terms of said International Code Council
(ICC) International Property Maintenance Code, 2015 Edition and any
subsequent supplements or amendments thereto or new editions thereof,
as published by International Code Council are hereby referred to,
adopted, and made a part hereof, as if fully set out in this section.
[Ord. No. O-88-5 § 2; Ord. No. O-93-07 § 1; Ord. No. O-07-14; Ord.
No. O-2017-16]
The Department of Building and Housing within the Borough of
Highlands, inclusive of all its officials and subcode officials, shall
be empowered to enforce the International Code Council (ICC) International
Property Maintenance Code, 2015 Edition and any subsequent supplements
or amendments thereto or new editions thereof, as published by International
Code Council, as part of the Revised General Ordinances of the Borough
of Highlands.
[Ord. No. O-88-5 § 3; Ord. No. O-93-07 § 1; Ord. No. O-09-09; Ord.
No. O-2017-16]
Any person violating any provision of this section and therefor,
the International Code Council (ICC) International Property Maintenance
Code, 2015 Edition and any subsequent supplements or amendments thereto
or new editions thereof, as published by International Code Council
shall be subject to a fine of not more than five hundred ($500.00)
dollars for each violation.
[1]
Editor's Note: Former section 10-10, Regulation and Control
of Rents in Mobile Home Parks, previously codified herein and containing
portions of Ordinance Nos. 0-88-18; 0-88-22; 0-88-27 and 0-90-02 was
repealed in its entirety by Ordinance No. 0-95-07.
[Ord. No. O-09-09 § 10-9.3; Ord. No. O-13-6 § 2]
Notwithstanding the provisions of the International Property
Maintenance Code, and without superseding its incorporation into Borough
ordinance, every owner or tenant of lands or dwellings in the Borough
shall keep the lands or dwellings free of fire hazards, brush, weeds,
including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth and garbage (trash and debris in cans, bags and/or
in bulk), and shall maintain the land or dwellings in a clean and
sanitary condition.
[Ord. No. O-09-09 § 10-9.4; Ord. No. O-10-11; Ord.
No. O-10-22; Ord. No. O-13-6 § 2]
The Borough Code Enforcement Officer is hereby authorized to
inspect lands or dwellings in the Borough for the presence of fire
hazards, brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growths, grass and weeds which exceed height of nine
(9) inches, filth, garbage, trash and debris, and if same are deemed
to be detrimental to the public health, shall issue a ten-day warning
notice to the tenant and the property owner at the discretion of the
property maintenance official, prior to issuing a summons to the person
who, according to the tax duplicate of the Borough, appear as owner,
and require that the trash and garbage be removed and eliminate such
fire hazards, brush, weeds, including ragweed, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris.
[Ord. No. O-09-09 § 10-9.6]
In the event the owner or tenant aforesaid fails to comply with
the order to cut overgrown grass and weeds, remove fire hazards, brush,
weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris, then the code enforcement
officer shall have the work of cutting overgrown grass, weeds, removal
or destruction of such fire hazards, brush, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris done.
[Ord. No. O-09-09 § 10-9.6; Ord. No. O-13-6 § 2]
Upon completion of the work, costs shall be certified by the
Code Enforcement Officer to the Mayor and Council, which shall examine
the certificate, and if found to be correct, shall cause the cost
as shown thereon to be charged against lands or dwellings; the amount
so charged shall become a lien upon such lands or dwellings and shall
be added to and become and form part of the taxes next to be assessed
and levied on such lands or dwellings, the same to bear interest at
the same rate as taxes, and shall be collected and enforced by the
same officers and in the same manner as taxes, in accordance with
and pursuant to N.J.S.A. 40:48-2.13, et seq.
[Ord. No. O-09-09 § 10-9.7]
Any person, firm or corporation that shall violate the provisions
of this section, or shall obstruct the borough or its employees from
cutting overgrown grass and weeds, removing fire hazards, brush, weeds,
including ragweed, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris, shall, upon conviction
thereof in the borough municipal court, be subject to the penalty
of not more than five hundred ($500.00) dollars. Each and every day
on which such violation continues shall constitute a separate and
distinct offense.
The mayor and council have been confronted with several inquiries
and complaints by emergency service personnel and the postal authorities
regarding multiple homes on the same street having the same house
number, as well as problems involving house numbering which is not
in sequence.
The mayor and council wish to cure this problem in order to
avoid delays in emergency personnel answering calls at homes and businesses
within the borough, and to correct the problems which have been encountered
in the past.
The borough desires to facilitate fire, first aid, police and
other emergency personnel in the swift location of any house, structure
or building during times of emergency, and, in order to accomplish
the same, to require the visible display of street numbers.
Each parcel of real estate within the Borough of Highlands shall
be known and designated by the number assigned to it by the local
U.S. Post Office.
a.
The owner of every dwelling house, store or other buildings which
now fronts upon a public street on which the proper number is not
now placed shall cause the proper number to be legibly placed on such
dwelling house, store, other buildings, on the premises, or on a free-standing
mailbox. All existing buildings must be appropriately numbered within
90 days of the adoption of this section.
b.
The number shall be legibly placed in figures or words in some substantial
manner in a conspicuous place on the premises or on the front part
of such dwelling house, store, other building, or on a free-standing
mailbox so as to be plainly visible from the abutting curb line. Numbers
shall be at least three inches in height and one-half inch in width.
The owner of every dwelling house, store or other building that
may be erected shall cause the proper number as assigned by the local
U.S. Post Office to be legibly placed on such dwelling house, store,
other building on the premises, or on a freestanding mailbox within
30 days after it has been erected.
In the event a house, building or structure does not have actual
street frontage, the property owner shall still be required to visibly
display the number from the location at the street nearest the usual
point of ingress and egress to that property.
All numerals shall be Arabic (examples: 1 or 27; and not I or
XXVII).
This section shall be enforced by the code enforcement officer,
zoning officer or police officer.
Any person convicted of a violation of any of the provisions
of this section shall be liable for a penalty not exceeding two hundred
($200.00) dollars.
[Ord. No. O-2014-24]
a.
CREDITOR – Shall mean, consistent with section 3 of P.L. 2008,
c.86, a State chartered bank, savings bank, savings and loan association
or any credit union, any person required to be licensed under the
provisions of the "New Jersey Residential Mortgage Lending Act," and
any entity acting on behalf of the creditor named in the debt obligation,
including but not limited to, servicers.
b.
VACANT AND ABANDONED RESIDENTIAL PROPERTY – Shall mean, consistent with section 1 of P.L. 2010, c.70 (C.2A:50-73), residential real estate for which a notice of violation has been issued pursuant to subsection 10-12.3 of this section and subsection b of section 1 of P.L. 2014, c.35. Where a notice of violation has not been issued pursuant to subsection 10-12.3 of this section and subsection b of section 1 of P.L. 2014, c.35, residential property shall be deemed "vacant and abandoned" where a mortgaged property is not occupied by a mortgagor or tenant as evidenced by a lease agreement entered into prior to the service of a notice of intention to commence foreclosure according to section 4 of the "Fair Foreclosure Act," P.L. 1995, c.244 and at least two of the following conditions exist:
1.
Overgrown or neglected vegetation;
2.
The accumulation of newspapers, circulars, flyers or mail on the
property;
3.
Disconnected gas, electric, or water utility services to the property;
4.
The accumulation of hazardous, noxious, or unhealthy substances or
materials on the property;
5.
The accumulation of junk, litter, trash or debris on the property;
6.
The absence of window treatments such as blinds, curtains or shutters;
7.
The absence of furnishings and personal items;
8.
Statements of neighbors, delivery persons, or government employees
indicating that the residence is vacant and abandoned;
9.
Windows or entrances to the property that are boarded up or closed
off or multiple window panes that are damaged, broken and unrepaired;
10.
Doors to the property that are smashed through, broken off, unhinged,
or continuously unlocked;
11.
A risk to the health, safety or welfare of the public, or any adjoining
or adjacent property owners, exists due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
12.
An uncorrected violation of a municipal building, housing, or similar
code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
13.
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
14.
A written statement issued by any mortgagor expressing the clear
intent of all mortgagors to abandon the property; and
15.
Any other reasonable indicia of abandonment.
[Ord. No. O-2014-24]
a.
A creditor filing a summons and complaint in an action to foreclose
on a residential property within the Borough shall be immediately
responsible for the care, maintenance, security, and upkeep of the
exterior of the property, after the property becomes vacant and abandoned
as defined in this section.
b.
Where a creditor is located out-of-State, the creditor shall be responsible for appointing an in-State representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of paragraph a of this subsection. Notice of said representative or agent shall be provided to the Borough clerk in a manner that is consistent with subsection a of section 17 of P.L. 2008, c.127 (the "Save New Jersey Homes Act of 2008"), and shall further include the full name and contact information of the in-State representative or agent.
[Ord. No. O-2014-24]
a.
Any public officer designated by the Borough or authorized municipal
official responsible for the administration of any property maintenance
or public nuisance code shall be authorized to issue a notice to a
creditor that has filed a summons and complaint in an action to foreclose
on a residential property within the Borough, if the public officer
determines that the creditor has violated this section by failing
to provide for the care, maintenance, security, and upkeep of the
exterior of the property.
Where a creditor is an out-of-State creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to subsection 10-12.2 of this section and the Save New Jersey Homes Act of 2008.
b.
The notice referenced in paragraph a of this subsection shall require
the creditor to correct the violation(s) within 30 days of receipt
of the notice, or within 10 days of receipt of the notice if the violation
presents an imminent threat to public health and safety.
c.
The issuance of a notice pursuant to paragraph a of this subsection
shall constitute proof that a residential property is "vacant and
abandoned" for the purposes of this section.
[Ord. No. O-2014-24]
a.
A creditor subject to this section that is found by the municipal
court of the Borough, or by any other court of competent jurisdiction,
to be in violation of the requirement to correct a care, maintenance,
security, or upkeep violation cited in a notice issued pursuant to
this section shall be subject to a fine of $1,500 for each day of
the violation.
Any fines imposed pursuant to this subsection shall commence
31 days following the Creditor's receipt of the notice, except where
the violation is deemed to present an imminent risk to the public
health and safety, in which case any fines shall commence 11 days
following receipt of the notice.
b.
An out-of-State creditor subject to this section that is found by
the municipal court of the Borough, or by any other court of competent
jurisdiction, to be in violation of the requirement to appoint an
in-State representative or agent shall be subject to a fine of $2,500
for each day of the violation.
Any fines imposed on an out-of-State creditor for the failure to appoint an in-State representative or agent shall commence on the day after the 10-day period set forth in paragraph (1) of subsection a of section 17 of P.L. 2008, c.127 (C.46:10B-51) for providing notice to the municipal clerk that a summons and complaint in an action to foreclose on a mortgage has been served.
c.
No less than 20 percent of any money collected by the Borough pursuant
to this section shall be utilized by the Borough for municipal code
enforcement purposes.
[Ord. No. O-2014-35]
Shall mean the Administrator or designee as may be designated
by the Administrator in writing.
Shall include any private title holder, any agent of a private
title holder having authority to act with respect to a vacant property,
any foreclosing entity that has filed a notice with the Municipal
Clerk pursuant to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008,
c. 127, Sec. 17 as amended by P.L. 2009, c. 296), or any other entity
determined by the Municipal Officer of the Borough of Highlands to
have authority to act with respect to the property. This section exempts
any municipal, county or state owner of a vacant building or structure.
Shall mean any building or structure which is not at present
legally occupied or at which all lawful business or construction operations
or residential or other occupancy have substantially ceased, and which
is in such condition that it cannot legally be reoccupied without
repair and rehabilitation, including but not limited to any property
meeting the definition of vacant property in N.J.S.A. 55:19-80 et
seq., provided, however, that any habitable property where all building
systems are in sound working order, where the building and grounds
are maintained in good condition, and which is being actively marketed
by its owners for sale or rental, shall not be deemed a vacant property
for purposes of this section.
[Ord. No. O-2014-35]
a.
Effective January 1, 2015, the owners an any vacant property, as
defined herein shall, within 30 days after the building becomes vacant
or within 30 days after assuming ownership of the vacant property,
whichever is later; or within 10 days of receipt of notice by the
municipality, file a registration statement for such vacant property
with the Municipal Officer on forms provided for that purpose by the
Municipal Officer along with any fee required by this section. The
municipality or Municipal Officer are not required to provide notice
to any owner of vacant property. The lack of such notice shall not
relieve an owner of the registration requirements of this section,
and shall not constitute a defense to any violation of this section.
[Amended 11-13-2019 by Ord. No. O-19-20]
b.
Each property having a separate tax block and lot number shall be
registered separately.
d.
The registration shall remain valid for one year from the date of registration. The owner shall be required to renew the registration annually as long as the building or structure remains a vacant property and shall pay a registration or renewal fee in the amount prescribed in Subsection 10-13.5 of this section for each vacant property registered.
e.
The Municipal Officer may establish for purposes of efficient administration
that all registrations shall be renewed by a single date in each year,
which date shall be established by the Municipal Officer in which
case the initial registration fee shall be pro-rated for registration
statements received less than 10 months prior to that date.
f.
Exemption; Extension of Waiver.
1.
Any
owner of vacant property who submits plans to the Municipal Officer
that completely rehabilitate or restore the property to productive
use and occupancy within the twelve-month period following the date
of the initial property registration shall be exempt from payment
of the registration fee if the Municipal Officer deems that the rehabilitation
or restoration project may be complete in that twelve-month period,
but shall comply with all other provisions of this section. In the
event that the property has not been restored to productive use and
occupancy at the end of the twelve-month period, the owner shall be
liable for any fee waived. The Municipal Officer may extend the waiver
of the registration fee for not more than one additional year in response
to a written request by the owner where the Municipal Officer finds
that compelling conditions outside the owner's control made it impossible
for the owner to restore the property within the initial twelve-month
period.
2.
Where the owner is an entity experienced in rehabilitation or redevelopment
of vacant properties, and where the property is subject to this section
and is being held for a project of rehabilitation or redevelopment
consistent with municipal plans and ordinances, and where by virtue
of financing, marketing or other conditions that project may require
more than one year for realization, the Municipal Officer may extend
the waiver of the registration fee on an annual basis without limitation
upon written request by the owner as long as the Municipal Officer
finds that the owner is making reasonable progress toward completion
of the project. The owner shall provide the Municipal Officer with
such documentation, which may include plans, financing applications,
applications for land use approval or other evidence of progress.
g.
The owner shall notify the Municipal Officer within 30 days of any
change in the registration information by filing an amended registration
statement on a form provided by the Municipal Officer for such purpose.
h.
The registration statement shall be deemed prima facie proof of the
statements therein contained in any administrative enforcement proceeding
or court proceeding instituted by the Borough against the owner or
owners of the building.
[Ord. No. O-2014-35]
At any time after filing a registration statement or a renewal
of a registration statement, the owner of any vacant property shall
provide access to the Borough to conduct exterior and interior inspections
of the building to determine compliance with municipal codes, on reasonable
notice to the property owner or designated agent.
[Ord. No. O-2014-35]
a.
The registration statement shall include: i) the name, street address,
e-mail address and telephone number of a natural person 21 years of
age or older, designated by the owner or owners at the authorized
agent for receiving notices of code violations and for receiving process
in any court proceeding or administrative enforcement proceeding on
behalf of such owner or owners in connection with the enforcement
of any applicable code; and ii) the name, street address, e-mail address,
and telephone number of the firm or individual responsible to maintain
the property shall be available by telephone or in person on a twenty-four-hour-per-day,
seven-day-per-week basis. The two entities may be the same or different
persons.
b.
An owner who is a natural person may designate him or herself as
agent or as the individual responsible for maintaining the property.
c.
By designating an authorized agent under the provision 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 and administrative enforcement proceeding brought to enforce
code provisions concerning the registered building by service of the
notice or process on the authorized agent. Any owner who has designated
an authorized agent under the provisions of this section shall be
deemed to consent to the continuation of the agent's designation for
the purposes of this section until the owner notifies the Municipal
Officer in writing of a change of authorized agent or until the owner
files a new annual registration statement.
d.
Any owner who fails to register a vacant property under the provisions
of this section shall further be deemed to consent to receive, by
posting at the building, any and all notices of code violations and
all process in an administrative proceeding brought to enforce code
provisions concerning the building.
[Ord. No. O-2014-35]
a.
The registration and renewal fee for each building or structure shall
be as follows:
[Amended 11-13-2019 by Ord. No. O-19-20]
b.
At least 50% of all fee income resulting from the application of
this section shall be deposited in a trust fund that shall be used
for the sole purpose of carrying out municipal activities with respect
to vacant and distressed properties, including but not limited to
code enforcement, abatement of nuisance conditions, stabilization,
rehabilitation, and other activities designed to minimize blight and/or
promote further productive reuse of properties.
[Ord. No. O-2014-35]
The owner of any structure that has become vacant property,
and any person responsible for maintaining any such building that
has become vacant, shall within 30 days of the structure becoming
vacant or 30 days of the owner taking title to the property:
1.
Enclose and secure the structure as provided in the applicable code
of the Borough of Highlands or as set forth in rules and regulations
adopted by the Municipal Officer to supplement those codes;
2.
Ensure that the grounds of the structure, including yards, fences,
sidewalks, walks and driveways, are well-maintained and kept free
from trash and debris;
3.
Post a sign affixed to the structure with the name, address, and
telephone number of the owner and the owner's authorized agent for
the purpose of service of process, and the name, address, and telephone
number of the entity responsible for the maintenance of the property,
which may be the same as the authorized agent. The sign shall be at
least 8" x 24" in dimension, shall include the words "to report problems
with this building, call …", and shall be placed in a location
where it is clearly legible from the nearest public street sidewalk;
and
4.
Maintain the structure in a secure and closed condition, keep the
grounds in a clean and well maintained condition, and ensure that
the sign is visible and intact until the building is again occupied
or demolished or until repair or rehabilitation of the building is
complete.
[Ord. No. O-2014-35]
a.
The owner
of any vacant property shall acquire or otherwise maintain liability
insurance, in an amount of not less than $300,000 for buildings designed
primarily for one to four unit residential use and not less than $1,000,000
for any other building, including, but not limited to, buildings designed
for multifamily, manufacturing, storage or commercial uses, covering
any damage to any person or any property caused by any physical condition
of or in the building.
b.
Any insurance
policy acquired or renewed after the building has become vacant shall
provide for written notice to the Municipal Officer within 30 days
of any lapse, cancellation or change in coverage. The owner shall
attach evidence of the insurance to the owner's registration statement.
Any registration statement submitted that does not include such evidence
shall be deemed an invalid registration.
[Ord. No. O-2014-35]
The Borough of Highlands shall establish an on-line procedure
by which citizens can provide the Municipal Officer with information
on unkempt or unregistered properties that may be subject to this
section through electronic means.
[Ord. No. O-2014-35]
a.
Any person who violates any provision of this section or of the rules
and regulations issued hereunder shall be fined not less than $250
and not more than $1,000 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
shall be a lien on the property.
b.
For purposes of this section, failure to file a registration statement within 30 days after a building becomes vacant property or within 30 days after assuming ownership of a vacant property, whichever is later; or within 10 days of receipt of notice by the municipality, failure to provide correct information on the registration statement, failure to comply with the provisions of Subsections 10-13.6 or 10-13.7 of this section, or such other matters as may be established by the rules and regulations of the Municipal Officer shall be deemed to be violations of this section.
[Added 10-2-2019 by Ord.
No. O-19-16]
No premises or portion of premises of a commercial or industrial
property, whether in a commercial or industrial zone or in a different
zone by reason of a nonconforming use, shall be relet, rerented or
sold and thereafter occupied by a new tenant or owner without the
appropriate application for and issuance of a business certificate
of occupancy.
a.
The new owner or tenant of the premises about to be newly occupied
or their respective agents shall apply to the Construction Official
for a business certificate of occupancy and shall supply, as necessary
information on said application, all facts relating to the nature
of the new owner's or tenant's business, occupation or industry, the
manufacturing or other processes involved and the nature of all materials
intended to be stored on the premises, to be part of said premises
or pertinent to said new business use or occupation, with the form
of application to be set by the Construction Official.
b.
Within 10 business days of receipt of said application, the Construction
Official shall issue or deny the application after reviewing it and
inspecting the building or structure with the Bureau of Fire Prevention
Fire Official, Board of Health and other subcode officials as deemed
necessary by the Construction Official to determine whether the premises
comply with all of the provisions of this section or any other ordinance
of this Township. If the building or structure, as intended to be
used, meets the requirements hereof, the Construction Official shall
forthwith issue a business certificate of occupancy. If the building
or structure does not meet the requirements hereof, the Construction
Official shall notify the applicant of the details in which the building
or structure does not meet the requirements hereof. When such details
have been perfected, the applicant shall notify the Construction Official,
in writing, that the items have been corrected and reinspection shall
be made with the certificate of occupancy being issued or denied within
five business days of receipt of the notice of correction.
The owner or owners of all commercial and industrial premises
shall be responsible, in addition to the perspective tenant, for notification
to the Construction Official of the pendency of any new tenancy or
ownership.
[Added 10-7-2020 by Ord.
No. O-20-21]
a.
In addition to the flag of the United States, the Borough of Highlands
may display such additional flags on Borough-owned flagpoles on public
buildings and in public parks and playgrounds as the Borough Council
may authorize by resolution as a form of government speech, provided
the display of same shall not show religious preference.
b.
The flag of the United States shall be displayed highest and any such additional flags shall be flown below the flag of the United States. The flag of the United States shall be displayed in accordance with and in the manner prescribed in Chapter 1 of Title 4 of the United States Code (4 U.S.C. §§ 1 through 10).
c.
The Borough's flagpoles are not intended to serve as a forum
for free expression by the public. Rather, the Borough's flagpoles
are to be used exclusively by the Borough, where the Borough Council
may display a commemorative flag as a form of government expression.
The Borough will not display a commemorative flag based on a request
from a third party, nor will the Borough use its flagpoles to sponsor
the expression of a third party.
d.
No person shall display or place upon any flagpole owned by the Borough
of Highlands any flag or other object not otherwise authorized as
an expression of government speech by the Borough Council of the Borough
of Highlands and without the express written permission of the Borough
of Highlands.
e.
Owing to their very nature as expressive locations meant for contemplation
and reflection, monuments and memorials shall not be deemed locations
for flying expressive flags via resolution.
