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portions of Ordinance Nos. 0-76-11, 0-80-9, 0-81-3, 0-81-5—0-84-10, 0-91-09, 0-97-05, 0-00-01 and 0-02-13, was superseded by Ordinance No. 0-04-05.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; amended Ord. No. 2018-24; 2-21-2024 by Ord. No. O-24-02
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.
1. 
No training fee shall be collected for pre-engineered systems of commercial farm buildings.
2. 
No training fee shall be collected for permits to perform asbestos or lead abatement.
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 eighty-five dollars ($85).
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 10% of the cost of the original permit per outstanding subcode and not less than twenty-five dollars ($25) per open (not final) subcode. This fee may be waived at the discretion of the Construction Official.
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
$85.00
New construction or addition
$.040 per cubic foot
Rehabilitations – R-5 Use Group
$35.00 per thousand dollars of estimated cost of work
Rehabilitations – All other Use Groups
$40.00 per thousand dollars of estimated cost of work
Swimming pools (above ground)
$125.00
Swimming pools (inground)
$225.00
Storage sheds (greater than 100 sf)
$125.00
Fence installation for pool enclosure
$100.00
Demolition of dwelling (1- & 2-family)
$250.00
Demolition of all other use groups
$350.00
Demolition of accessory structure
$100.00
Tank abandonment/removal
$125.00
Radon abatement
$100.00 per unit
Asbestos/removal
$150.00
Lead hazard abatement
$140.00
Signs (No permit required for signs installed in accordance with N.J.A.C. 5:23-2.14(b)6.)
$85.00
Solar panel racking system
$35.00 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)
$125.00
Retaining wall - Class 3 Surface area less than 550 square feet
$75.00
Retaining wall - Class 3 Surface area greater than 550 square feet
$125.00
Retaining wall – All Other Classes
$40.00 per thousand dollars of estimated cost of work
U.C.C. certificate of occupancy – R-5
$125.00
U.C.C. certificate of occupancy – All other Use Groups
$225.00
Extension of temporary certificate of occupancy
$125.00
2. 
Electric Subcode Fees.
Fixture/Equipment
Fee
Minimum subcode fee
$85.00
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.
$100.00
Every additional 25 or fraction of:
$50.00
Alarm Panels (fire or security)
$50.00
Service Panels
Up to 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
$125.00
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 each
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
Vehicle Battery Charger
$100.00
3. 
Fire Protection Subcode Fees.
UCC Fire Subcode Fees.
Fixture/Equipment
Fee
Minimum fire subcode fee
$85.00
Appliance, oil or gas (excluding furnace), R-5
$25.00
Appliance, oil or gas (excluding furnace), other than R-5
$45.00
Commercial cooking hood exhaust, Type I
$200.00
Dry pipe valve + compressor
$250.00
Elevator smoke detector recall system
$150.00
Fire alarm control panel, Other than R-5
$175.00
Fire alarm/CO detection, notification, supervisory, or manual device, other than R-5:
One to 15
$150.00
Sixteen to 25
$200.00
Every 25 thereafter, or fraction thereof
$75.00
Fireplace venting/metal chimney
$75.00
Fire pump
$300.00
Fire sprinkler system - R-5
$225.00
Fire sprinkler system - other than R-5:
One to 10 sprinkler heads
$150.00
Eleven to 25 sprinkler heads
$250.00
Each 25 thereafter, or fraction thereof
$75.00
Furnaces in R-5 (oil or gas)
$50.00
Furnaces in other than R-5 (oil or gas)
$75.00
Gasoline station storage tank systems:
First tank, six pumps, assoc. piping
$750.00
Each addl. tank, pump, assoc. piping
$200.00
Individual tank, pump, assoc. piping
$200.00
Fuel-pump suppression system (per pump)
$75.00
Generator (optional standby) in other than R-5 (oil or gas)
$150.00
Generator (legally required/life safety) in other than R-5 (oil or gas)
$400.00
Incinerators and crematories
$500.00
Jockey-booster pump
$250.00
Preengineered suppression system
$350.00
Photovoltaic system installed in other than R-5
$250.00
Smoke-carbon monoxide detector system - R-5
$125.00
Smoke removal system
$300.00
Standpipe system
$300.00
Storage tanks-combustible/flammable liquid:
One to 500 gallons
$125.00
Five hundred one to 1,000
$250.00
One thousand one to 5,000
$350.00
Over 5,000
$750.00
Suppression, detection, notification special device
$175.00
Tank removal or abandonment
$125.00
Underground fire-suppression water main
$300.00
4. 
Plumbing Subcode Fees.
Fixture/Equipment
Fee
Minimum plumbing subcode fee
$85.00
A/C unit in R-5
$45.00
A/C unit in other than R-5
$85.00
A/C-condenser/inverter split system
$125.00
Backflow preventer annual fee
$85.00
Backflow preventer (excluding boiler backflows) in R-5
$85.00
Backflow preventer (excluding boiler backflows) in other than R-5
$125.00
Chimney liners
$85.00
Fixture/appliance connected to plumbing/gas/oil system
$25.00
Fuel oil piping
$85.00
Gas piping-new (may be waived by subcode for minor gas pipe type alterations)
$85.00
Generator
$85.00
Grease trap
$85.00
Interceptor
$85.00
Oil separator
$85.00
Refrigeration unit
$85.00
Roof-top HVAC unit
$225.00
Separators
$85.00
Septic system connection, alteration and abandonments
$85.00
Sewer connection
$85.00
Sewer pump
$85.00
Solar system
$85.00
Special device not otherwise listed
$85.00
Steam unit
$85.00
Swimming pool: bottom drains, atmospheric safety system, or similar devices
$85.00 each
Warm-air furnace
$85.00
Water service or well connection
$85.00
Water heater R-5
$85.00
Water conditioners
$85.00
Water boilers
$85.00
When new gas piping is installed in conjunction with the replacement of water heaters, boilers, furnaces and similar devices, the fee for the new gas piping shall be in addition to the fee for the device installed. At the discretion of the Plumbing Subcode Official this fee may be waived in the case of minor gas-pipe-type alterations.
5. 
Certificate and Other Fees.
(a) 
Certificate of occupancy based on change of use: $175.00.
(b) 
The fee for a certificate of continued occupancy issued under N.J.A.C. 5:23-2.23(c): $175.00.
(c) 
Application for change of use analysis: $350.00.
(d) 
UCC certificate and other fees. The fee for a certificate of continued occupancy issued in response to work performed without construction permits pursuant to and described in DCA Bulletin 06-1 shall be $125.00 per subcode having jurisdiction over the work performed. This fee shall be in addition to any permit fees required for work performed.
(e) 
Elevator Devices. The Elevator Unit at the Department of Community Affairs performs all plan review and inspection services of elevator devices and equipment for the Borough.
(f) 
The fees established, effective and published by DCA for plan review, inspections, variations, etc., shall be in the amount as noted in N.J.A.C. 5:23-4 and N.J.A.C. 5:23-12 respectively. A copy of the current DCA fee schedule is available upon request and adopted herein. Annual permits. Annual permit requirements are as follows:
(1) 
The fee to be charged for an annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clericals shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for building/fire protection, electrical and plumbing.
(2) 
Fees for annual permits shall be as follows:
(i) 
One to 25 workers (including foremen): $667.00/worker; each additional worker over 25, $232.00/worker.
(ii) 
Prior to the issuance of the annual permit, a training registration fee of $140.00 per subcode and a list of not more than three individuals to be trained per subcode shall be submitted by the applicant to the Department of Community Affairs, Bureau of Code Services, Education Unit, along with a copy of the construction permit (Form F170). Checks shall be made payable to "Treasurer, State of New Jersey." The Department shall register these individuals and notify them of the courses being offered.
(g) 
Hourly Charges: The fee for development-wide inspection of homes after the certificate of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 or otherwise shall be:
(1) 
The hourly charge shall be an amount equal to twice the hourly base salary paid to the licensed code official(s) performing the work, or the hourly fees charged to the municipality by a consulting professional contracted to provide such services;
(2) 
The fees, charges, accounting procedures and limits shall be set in accordance with and subjected to N.J.A.C. 5:23-4.17(d)1 through 5:23-4.17(d)5.
[Ord. No. O-2018-24 § 2; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection for rental with one (1) inspection: one hundred dollars ($100).
b. 
Certificate of inspection for resale with one (1) inspection: one hundred dollars ($100).
c. 
Added reinspection for certificate of inspection: fifty dollars ($50).
d. 
Housing certificates of inspection 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; amended 2-21-2024 by Ord. No. O-24-02]
Pursuant to § 10-14, Business Certificate of Inspection, the following fees are hereby established:
a. 
First inspection by Department of Building and Inspections: $225.
b. 
Any subcode reinspection: $50.
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.
APPROVED
Shall mean approved in accordance with regulations promulgated by the building department.
BASEMENT
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.
BOROUGH
Shall mean the Borough of Highlands.
BUILDING CODE
Shall mean the Building Code of this borough, and/or applicable State, Federal or national codes.
BUILDING INSPECTOR
Shall mean the building inspector of this borough.
CELLAR
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.
DWELLING
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.
DWELLING UNIT
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.
HABITABLE ROOM
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.
HOME ELEVATION
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.
HOME ELEVATION CONTRACTOR
Shall mean a contractor or subcontractor who engages in the practice of home elevation.
MULTI-FAMILY DWELLING
Shall mean any dwelling or part thereof containing three or more dwellings per unit.
OCCUPANT
Shall mean any person including an owner, operator or person living and sleeping in a dwelling unit or rooming unit.
OPERABLE AREA
Shall mean the part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.
OPERATOR
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.
OWNER
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.
PERSON
Shall mean any person, firm, partnership, association, corporation, company or organization of any kind.
PLUMBING
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.
PLUMBING CODE
Shall mean the Plumbing Code of this borough, and/or other State, Federal or national codes.
PREMISES
Shall mean a lot, plot or parcel of land including the buildings and structures thereon.
ROOMING HOUSE
Shall mean any dwelling, or that part thereof containing one or more rooming units, in which space is let to three or more persons.
ROOMING UNIT
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.
SUPPLIED
Shall mean installed, furnished or provided by the owner or operator at his expense.
TWO-FAMILY DWELLING
Shall mean any dwelling containing two dwelling units.
YARD
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]
a. 
All "dangerous buildings" within the terms of subsections 10-4.5 and 10-4.6 paragraph b of this section are hereby declared to be public nuisances, and shall be repaired, vacated or demolished as hereinbefore and hereinafter provided.
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.
k. 
Report to the Borough Attorney the names of all persons not complying with the order provided for in subsection 10-4.8, paragraph j3 hereof.
[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; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection 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; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection 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 an inspection for a certificate of inspection 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. A certificate of inspection shall be required for any new rental, rerental, or sale of a space or property. The said certificate of inspection shall apply only to the tenancy or space for which it is issued.
[Ord. No. O-70-10 § 3; Ord. No. O-00-06; Ord. No. O-13-3; amended 2-21-2024 by Ord. No. O-24-02]
a. 
Applications for certificates of inspection 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 inspection 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 inspection. 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 inspection is issued for 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; amended 2-21-2024 by Ord. No. O-24-02]
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 inspction 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; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection; otherwise he shall notify the owner in writing setting forth the specific existing violations. The inspection shall be made and either a certificate of inspection 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 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; amended 2-21-2024 by Ord. No. O-24-02]
The certificate of inspection 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; amended 2-21-2024 by Ord. No. O-24-02]
The fees for the inspection and issuance of the certificate of inspection are set forth in Chapter 10, subsection 10-2.2 above.
[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.
Any person violating the above rules and regulations shall, upon conviction, be liable to the penalty contained in Chapter 3, section 3-9.
[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]
MUNICIPAL OFFICER
Shall mean the Administrator or designee as may be designated by the Administrator in writing.
OWNER
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.
VACANT PROPERTY
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.
c. 
The registration shall include the information required under Subsection 10-13.4 of this section, the insurance certificate required by Subsection 10-13.7 of this section, as well as any additional information that the Municipal Officer may reasonably require.
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]
Initial registration
$500 or pro-rated amount per Subsection 10-13.2 of this section; if not paid within 6 months of the date required by Subsection 10-13.2, the registration fee shall increase to $1,000
First renewal
$1,500
Second renewal
$3,000
Any subsequent renewal
$5,000
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; amended 2-21-2024 by Ord. No. O-24-02]
[Added 10-2-2019 by Ord. No. O-19-16; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection.
[Added 10-2-2019 by Ord. No. O-19-16; amended 2-21-2024 by Ord. No. O-24-02]
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 inspection 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, or his designated representative, 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 Borough. If the building or structure, as intended to be used, meets the requirements hereof, the Construction Official shall forthwith issue a business certificate of inspection. 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.
c. 
A fee as set forth in Chapter 10, § 10-2, Fees, shall be charged for the first inspection by the Building Department. Any reinspections, if required, shall be performed at a charge as set forth in Chapter 10, § 10-2, Fees.
[Added 10-2-2019 by Ord. No. O-19-16]
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 10-2-2019 by Ord. No. O-19-16]
Any person adjudicated as having violated any provision of this section shall be subject to the penalties in Chapter 1, General, § 1-5, of this Code.
[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.