[Ord. No. 1991-1 § 3-1; Ord. No. 1992-01 § 2; amended 11-4-2020 by Ord. No. 2020-38]
There is hereby established the Department of Administration, the head of which shall be the Borough Administrator, in whose absence or by virtue of no appointment having been made the Mayor shall perform the duties, and he or she shall assist the Mayor in supervising and directing all departments of the Borough and shall specifically oversee the following offices and divisions, as well as provide support services for the Mayor and Borough Council:
Office of Borough Attorney.
Office of Borough Engineer.
The following agencies, boards, commissions and committees (for administration and coordination purposes); Board of Adjustment, Municipal Coordinators on Aging, Senior Citizen Information and Referral Program Coordinators, Community Development Program Representative, Environmental Commission, Local Assistance Board, Planning Board, Shade Tree Committee, representatives to the South Monmouth Regional Sewerage Authority, the Belmar Housing Authority, and similar agencies, boards, commissions and committees.
[Ord. No. 1991-1 § 3]
The Borough Attorney shall have such powers and perform such duties as are provided for the office of Borough Attorney by general law or ordinances of the Borough. He or she shall represent the Borough in all judicial and administrative proceedings in which the Borough or any of its officers or agents may be a party or have an interest. He/she shall give all legal counsel and advice where required by the Mayor and/or Borough Council and shall in general serve as the legal advisor to the Mayor and/or Borough Council on all matters of Borough business. In furtherance of such general powers and duties, but without limitation thereto, the Borough Attorney shall:
Draft or approve as to form and sufficiency all legal documents, contracts, deeds, ordinances and resolutions made, executed or adopted by or on behalf of the Borough.
Conduct appeals from orders, decisions or judgments affecting any interest of the Borough as he/she may in his/her discretion determine to be necessary or desirable or as directed by the Mayor and/or Borough Council.
Subject to the approval of the Mayor and/or Borough Council, have power to enter into any agreement, compromise or settlement of any litigation in which the Borough is involved.
Render opinions in writing upon any question of law submitted to him/her by the Mayor and/or Borough Council with respect to their official powers and duties, and perform such duties as may be necessary to provide legal counsel to the Mayor and/or Borough Council in the administration of Borough affairs.
Supervise and direct the work of such additional attorneys and technical and professional assistants as the Mayor and/or Borough Council may authorize for special or regular employment in or for the Borough.
[1966 Code § 2-7.4b; Ord. No. 1991-1 § 3]
The Borough Attorney's salary as provided in the salary ordinance of the Borough shall be deemed just compensation for his or her attendance at meetings of the Borough Council and for the giving of advice, both written and oral, to the Mayor and/or Borough Council. With respect to all other services performed by the Borough Attorney he or she shall be compensated for the reasonable value of his/her services.
[Ord. No. 1993-7 § 1]
There is hereby created the position of Borough Conflicts Attorney, who shall be appointed annually by the Mayor and Borough Council to represent the Borough and/or any Borough officer or employee when, under statute, regulation or Rules of Court, the Borough Attorney is unable to provide such representation due to a conflict. The Borough Conflicts Attorney shall provide such representation as determined by the Mayor.
[1966 Code § 2-8.2; Ord. No. 1991-1 § 3]
The Borough Engineer shall be assigned to the Department of Administration and shall be a duly licensed professional engineer of the State of New Jersey, having had practical experience as an engineer. The Borough Engineer need not be a resident of the Borough. The Borough Engineer shall:
Prepare or cause to be prepared plans, designs and specifications for public works and improvements undertaken by the Borough, either on force account or by public contract.
Provide and maintain surveys, maps, plans, specifications and control records with respect to public works and facilities owned or operated by the Borough.
Provide technical and engineering advice and assistance to other Borough departments as needed.
All papers, documents, memoranda, reports, all original maps and tracings and other materials relating to the administration of engineering duties of the Borough Engineer shall be and remain the property of the Borough. Upon the termination of his or her services with the Borough, the Borough Engineer shall forthwith surrender to any successor all such property.
Editor's Note: Former § 3-4, Office of Public Assistance, adopted or amended by 1966 Code § 2-6.13, as amended, was repealed 11-4-2020 by Ord. No. 2020-38
[1966 Code § 2-6.8; Ord. No. 1991-1 § 3]
There shall be a Municipal Court in the Borough, pursuant to the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, to be known as the "Municipal Court of the Borough of Belmar, Monmouth County." The Municipal Court shall have a seal which shall bear the impress of the name of the court.
The court shall be held in the Borough Hall of the Borough of Belmar, or such other place as the Borough Council shall designate and shall exercise all of the functions, powers, duties and jurisdictions conferred upon municipal courts by the provisions of Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by any other law. For administrative purposes only, the Municipal Court shall be assigned to the Department of Revenue and Finance.
[1961 Code § 2-6.8; Ord. No. 1991-1 § 3; Ord. No. 1991-07 § 1; Ord. No. 1992-01 § 1; Ord. No. 1998-22 § 1]
Judge of the Municipal Court. There shall be a Judge of the Municipal Court of the Borough of Belmar appointed by the Borough Council, who shall serve for a term of three years from the date of appointment and until a successor shall be appointed and qualified.
The Judge shall have and possess the qualifications, and shall have, possess and exercise all of the functions, duties, powers and jurisdictions conferred by Chapter 264 of the 1948 Laws of New Jersey, as amended and supplemented, or by general law or ordinance. He/she shall sit at least once per week until the calendar is completed and at such other times as the business of the Court may require, subject to the rules applicable to municipal courts.
Municipal Court Administrator; Duties. Under the supervision of the Municipal Judge, the Municipal Court Administrator shall have the duties of or assignment of:
Carrying out the rules, regulations, policies, and procedures relating to the operation of the court;
Interviewing and speaking to prospective complainants; receiving complaints and dispensing information relating to court matters;
Attending court, taking minutes of the trials and entering them in the docket; arranging trial calendars, signing court documents, preparing and issuing warrants and commitments;
Taking and preparing bail bonds, making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs;
Interviewing persons to determine if there is a basis for action and, if necessary, issue summonses requiring court appearances and maintaining and classifying records and files.
[Ord. No. 1994-12 § 1]
The Municipal Prosecutor shall be appointed by the Mayor and affirmed by the Council. The Municipal Prosecutor shall serve for a term of one year from the date of his/her appointment and until his/her successor is appointed and qualified. The appointment shall be made at the annual reorganization meeting in January of each year. If a vacancy occurs during the course of the year, the appointment shall be for the balance of the unexpired year.
Duties of the Municipal Prosecutor. The Municipal Prosecutor shall appear at all court sessions and prosecute all complaints presented by the Police Department of the Borough of Belmar, and any other complaints as required by law.
Compensation. The salary of the Prosecutor shall be the annual salary as established by the Borough Salary Ordinance.
[Ord. No. 1994-12 § 1]
The Municipal Public Defender shall be appointed by the Mayor and affirmed by the Council. The Municipal Public Defender shall serve for a term of one year from the date of his/her appointment and until his/her successor is appointed and qualified. The appointment shall be made at the annual reorganization meeting in January of each year. If a vacancy occurs during the course of the year, the appointment shall be for the balance of the unexpired year.
Duties of the Municipal Public Defender. The Public Defender shall represent any individual, who upon determination by the Municipal Judge, is either indigent or financially unable to afford an attorney.
Compensation. The salary of the Public Defender shall be the annual salary as established by the Borough Salary Ordinance.
[Ord. No. 1994-12 § 1; Ord. No. 1997-22 § 1]
Effective December 22, 1997, the Borough of Belmar may require a person applying for representation by the Municipal Public Defender to pay an application fee of not more than $200. The Municipal Court may waive any required application fee, in whole or in part, if the court determines, in its discretion, that the application fee represents an unreasonable burden on the person seeking representation.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.1]
The Borough hereby enacts the Tourist Development Commission Ordinance and authorizes the Borough to impose the additional assessment described in Subsection 3-6.6 to any fee imposed upon a license issued by the Borough, pursuant to N.J.S.A. 40:52-7. The section shall be enacted to establish a Tourist Development Commission to regulate the fund described in Subsection 3-6.4.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.2]
In order for the Borough to implement the provisions of this section, a Tourist Development Commission shall be established pursuant to N.J.S.A. 40:54C-1 and it shall be known as "The Borough of Belmar Tourist Development Commission." The Commission shall constitute an agency and instrumentality of the Borough and it shall consist of seven members, who shall be appointed by the Mayor with the advice and consent of the Borough Council. One Commission member shall be a member of the Chamber of Commerce or the Belmar Business Partnership and shall be responsible for advising the governing body of the Commission's work. The other six Commission members shall consist of licensees upon whom the Borough shall impose the additional assessment described in Subsection 3-6.6. In the event that the Borough issues a license in the name of a corporation or partnership, the governing body shall be permitted to appoint, by resolution, a representative of the corporation or partnership. The Commission shall also consist of a representative of the Borough Council and a Borough employee as appointed by the Mayor with advice and consent of the Borough Council.
[Amended 2-5-2019 by Ord. No. 2019-01]
The Commission member representing the Borough shall serve at the governing body's pleasure, the terms of office of the other four Commission members shall be for two years, except those Commission members initially appointed, for whom two shall be appointed for terms of one year and the other two Commission members shall be appointed for terms of two years.
In the event that the Commission has a vacancy, for a reason other than by expiration of a Commission member's term, the governing body shall appoint another Commission member for the unexpired term.
The Commission members shall serve without compensation in performance of their responsibilities.
The governing body shall determine whether disbursements from the fund described in Subsection 3-6.4 for the stated purpose provided in Subsection 3-6.5. In the event that the governing body determines that disbursements were not made pursuant to Subsection 3-6.5, it may remove any or all members of the Commission by resolution providing the reasons for the removal.
The Commission shall be considered a "contracting unit" pursuant to the "Local Public Contracts Law" N.J.S.A. 40A:11-1 and subject to its provisions. The provisions of the "Local Public Contracts Law" to the contrary notwithstanding, the purchase of or the contracting for advertisements in periodicals, on the radio, television or cable television, by the Commission shall be exempt from public bidding provided that, in awarding a contract for such advertisements, the Commission shall in each instance:
Provide in the resolution awarding the contract the supporting reasons for its action.
Publish in a newspaper authorized by the Commission to publish the legal advertisements, a brief notice stating the nature, duration, service and amount of the contract.
Maintain and make available for public inspection a copy of the resolution and contract.
The Commission shall be considered a "public body" for the purpose of complying with the "Open Public Meetings Act" in N.J.S.A. 10:4-6 and it is subject to the provisions thereof.
The Commission shall be considered "local government officers" for the purpose of complying with the "Local Government Ethics Law," N.J.S.A. 40A:9-22.1, and it is subject to the provisions thereof.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.3]
The Commission shall, within 15 days after its appointment, organize and hold its first meeting, fix its hours and place of meeting, and adopt rules for the conduct of its business as it may deem appropriate.
A majority of the members of the Commission shall constitute a quorum for the transaction of business.
The Commission shall designate a location and person for the public to contact to enable information to be obtained or to inspect the Commission's records during regular business hours.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.4]
Pursuant to N.J.S.A. 40:52-8, the Borough shall create a fund to be held by the Commission. The fund shall be the exclusive repository of all revenues collected by the Borough as described in Subsection 3-6.6.
Any revenues received by the Borough on behalf of the Commission shall be treated as dedicated revenue pursuant to N.J.S.A. 40A:4-39.
The Chief Financial Officer of the Borough shall serve as the custodian of the fund and shall maintain the necessary financial records required by the Director of the Division of Local Government Services in the Department of Community Affairs pursuant to N.J.S.A. 52:27BB-8.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.5]
The Commission shall have exclusive authority to disburse all revenues allocated to the fund described in Subsection 3-6.4. The Commission shall expend the revenues in the fund described in Subsection 3-6.4 in the manner it deems advisable for the purpose of publicizing and otherwise promoting the Borough in order to attract tourism, pursuant to N.J.S.A. 40:54C-3.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.6; Ord. No. 2001-33 § I; Ord. No. 2015-07]
The tourism fee assessment imposed on any one license shall not exceed $100, unless specifically set forth herein. The tourism fee assessment is in addition to any other licensing fee required by the Borough.
The Borough of Belmar shall impose the tourism fee assessment, set forth in Subsection 3-6.6a, upon any license issued by the Borough pursuant to the Borough's licensing powers under N.J.S.A. 5:8-100 et seq. (Amusement Games Licensing Law), N.J.S.A. 33:1-19 (Alcoholic Beverage Control Act), and N.J.S.A. 40:52-1 (business licensing laws) as those statutes and corresponding Borough ordinances may be amended from time to time. By way of reference, and not limitation, those licenses include:
All public accommodation licenses and summer rental licenses set forth in Subsection 26-3.1 et seq. that are issued pursuant to N.J.S.A. 40:52-1(n).
All fees collected shall be held and expended in accordance with N.J.S.A. 40:54C-1 et seq., N.J.S.A. 40:52-7 and 40:52-8 as those statutes may be amended.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.7]
The Commission shall maintain records of its meetings, activities and expenditures. The governing body, at any time, may request the Commission to provide a report based on its records. However, the Commission shall provide the governing body with a report on an annual basis. In the event that the governing body determines that disbursements were not in accord with the purpose described in Subsection 3-6.5, the governing body shall take the appropriate action as described in Subsection 3-6.2e.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.8]
The Commission may act jointly with any other Commission created under N.J.S.A. 40:54C-1 in any other municipality in furtherance of the purpose described in Subsection 3-6.5.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.9]
In the event that the Commission enacted this section in furtherance of the ten-year Master Plan for the Growth of Tourism pursuant to the "Division of Travel and Tourism Act" under N.J.S.A. 34:1A-52, the Commission may:
Apply for, receive, and accept from the United States, from the State or any other public or private source, contributions or donations of money, property, labor or other things of value, to be held, used and applied for, or in aid of, the Commission's authorized purposes as described in Subsection 3-6.5.
Make grants of money, property or personal services to any person, business or organization engaged in the tourist industry upon the terms and conditions as the Commission may prescribe.
Enter into any and all agreements or contracts, execute any and all instruments, and do and perform any and all acts necessary or convenient for the purpose of the Commission to carry out any power, function or duty exercised thereby.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.10]
The Commission shall prepare an annual report concerning and addressing its activities and records, as provided under Subsection 3-6.7 to the Mayor and Council.
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.11]
[Ord. No. 1993-3; Ord. No. 1993-43 § 3-6.12]
The Commission shall, by resolution, create an Advisory Council which shall fairly represent each category of individuals, corporations or partnerships paying the assessment fee. The Advisory Council may make recommendations to the Commission. Any recommendation made by the Advisory Council shall not have a binding effect upon the Commission.
Editor's Note: Former Subsection 3-6.13, Schedule for Charges of Additional Assessments, containing portions of Ordinance Nos. 1993-3 and 1993-43 was repealed by Ordinance No. 2001-33.
[1966 Code § 2-6.10]
There shall be an Office of Administrative Hearings, which shall be staffed by one Administrative Hearing Officer and such other personnel as the Borough Council shall deem necessary to perform the duties and responsibility of the office. The Hearing Officer shall be employed part-time and shall be a member of the unclassified service and shall perform his/her duties only when a contested case has been referred for determination by the Borough Clerk. A "contested case" means a proceeding, including any licensing proceedings, in which the legal rights, duties, obligations, privileges, benefits or other legal regulations of specific parties are required by Constitutional right, by statute or by Borough ordinance to be determined by the Borough Council or by the Hearing Officer by decision, determination, or orders, addressed to the Hearing Officer or disposing of their interest, after opportunity for an administrative hearing, but shall not include any proceedings where the jurisdiction over the subject matter has by statute been delegated to the governing body without right of the governing body to delegate such authority to the Hearing Officer.
[1966 Code § 2-6.11]
In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.
The notice shall include in addition to such other information as may be deemed appropriate:
A statement of the time, place, and nature of the hearing;
A statement of the legal authority and jurisdiction under which the hearing is to be held;
A reference to the particular sections of the statutes and ordinances involved.
A short and plain statement of the matters asserted. If the Borough or other party is unable to state the matters in detail at the time the notice is served, the initial notice may be limited to a statement of the issues involved. Thereafter upon application a more definite and detailed statement shall be furnished.
Opportunity shall be afforded all parties to respond, appear and present evidence and argument on all issues involved.
Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, or consent order.
Contested cases shall be tape recorded and the record retained for six months. Oral proceedings or any part thereof shall be transcribed on request of any party at the expense of such party.
Findings of fact shall be based exclusively on the evidence and on matters officially noticed.
Unless otherwise provided by law, the Borough may place on any party the responsibility of requesting a hearing if the Borough notifies him in writing of his right to a hearing and of his responsibility to request the hearing.
[1966 Code § 2-6.12]
In contested cases:
The parties shall not be bound by rules of evidence whether statutory, common law, or adopted by the Rules of Court. All relevant evidence is admissible. The Hearing Officer may in his/her discretion exclude any evidence if he/she finds that its probative value is substantially outweighed by the risk that its admission will either: (i) necessitate undue consumption of time; or (ii) create substantial danger of undue prejudice or confusion. The Hearing Officer shall give effect to the rules of privilege recognized by law. Every party shall have the right to present his/her case or defense by oral and documentary evidence, to submit rebuttal evidence and to conduct such cross-examination as may be required for a full and true disclosure of the facts.
A final decision or order adverse to a party in a contested case shall be in writing or stated in the record. A final decision shall include findings of fact and conclusions of law, separately stated. Findings of fact shall be accompanied by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by mail of any decision or order. Upon request, a copy of the decision or order shall be delivered or mailed forthwith by registered or certified mail to each party and to his/her attorney of record.
The administrative adjudication of the Hearing Officer shall be effective on the date of delivery or on the date of mailing, of the final decision to the parties of record, whichever shall occur first, or shall be effective on any date after the date of delivery or mailing, as the Hearing Officer may provide by order in the case. The date of delivery or mailing shall be stamped on the face of the decision. Any interested party materially affected by the decision may within 10 days of issuance of the decision appeal to the Borough Council, which may within 45 days review the decision. The Borough Council may affirm, reverse or modify the decision of the Hearing Officer if by majority vote the Borough Council determines that the decision and findings of fact of the Hearing Officer are not fairly supportable by the record. Failure of the Council to act within 45 days of receipt of a notice of appeal shall act as an affirmance of the decision. This section shall not be construed to mean that an appeal to the Borough Council is a mandatory administrative remedy which must be invoked before any other right of appeal provided by law may be pursued by any interested party.
No agency shall revoke or refuse to renew any license unless it has first afforded the licensee an opportunity for hearing in conformity with the provisions of this section applicable to contested cases. If a licensee has, in accordance with law, made timely and sufficient application for a renewal, his/her license shall not expire until his/her application has been finally determined by the Hearing Officer. Any Officer of the Borough that has authority to suspend a license without first holding a hearing shall promptly upon exercising such authority afford the licensee an opportunity for hearing in conformity with the provisions of this section.
This section shall not apply: (1) except where a statute provides that the Borough is required to grant a hearing in regard to revocation, suspension or refusal to renew a license, as the case may be; or (2) where the Borough required by any law or ordinance to revoke, suspend or refuse to renew a license, as the case may be, without exercising any discretion in the matter, on the basis of a judgment of a court of competent jurisdiction.
Whenever under statute or Borough ordinance there is a mode of administrative review within a department, such review shall remain unimpaired and any judicial review shall be from the final action of the department. The administrative review within the department need not comply with the requirements for the conduct of contested cases.
If any provision of this section or the application thereof to any person or circumstance is held invalid, such validity shall not affect other provisions or applications of this section which can be given effect without the invalid provision or application and to this end the provisions of this section declared to be severable.
[Ord. No. 1994-33 § 1]
Pursuant to N.J.S.A. 10:5-1(c), there is hereby established the Joint Human Relations Commission of the Borough of Belmar and the Borough of South Belmar. The Commission shall consist of the following at-large members, who will be members by virtue of their position; the Chief of Police from each municipality; the Superintendent of the Belmar School District; a representative from the Council of Churches and a representative from the Belmar Chamber of Commerce. In addition, the Commission shall consist of five members from each respective municipality, one of whom shall be under the age of 21 years, appointed by the Mayor of each respective municipality, who shall be residents of the Boroughs of Belmar and South Belmar, respectively, and shall serve without compensation. The first Commissioners, appointed within 60 days after the effective date of this section, shall serve from the date of their appointment and for the respective periods of one through five years, beginning on January 1 next succeeding such appointment. The term of each Commissioner shall be designated in his or her appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1 of the first year of the term.
Any vacancy caused by death, resignation or removal of any Commissioner shall be filled by the Mayor of the municipality of which the commissioners was a resident for the unexpired term.
[Ord. No. 1994-33 § 1]
The Joint Human Relations Commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter annually, and at each organization meeting shall elect one of its members as Chairman, and appoint a Secretary and a Treasurer, from among the members of the Commission.
The Joint Human Relations Commission shall have the following powers and duties:
Fostering through community effort or otherwise, good will, cooperation and conciliation among the groups and elements of the inhabitants of the Boroughs of Belmar and South Belmar.
Making recommendations to the governing bodies of the Boroughs of Belmar and South Belmar for the development of policies and procedures in general and for programs of formal and informal education that will aid in eliminating all types of discrimination based on race, creed, color, national origin, ancestry, age, marital status, sex, sexual orientation or physical capabilities.
Adopting bylaws, subject to the approval of the Mayors of the respective municipalities, establishing the procedures governing the operation of the Joint Human Relations Commission.
Reporting at least annually to the governing bodies of the Boroughs of Belmar and South Belmar.