[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:
a.
Office
of Borough Attorney.
b.
Office
of Borough Engineer.
d.
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:
a.
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.
b.
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.
c.
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.
d.
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.
e.
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:
a.
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.
b.
Provide
and maintain surveys, maps, plans, specifications and control records
with respect to public works and facilities owned or operated by the
Borough.
c.
Provide
technical and engineering advice and assistance to other Borough departments
as needed.
d.
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.
[1]
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]
a.
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.
b.
Municipal Court Administrator; Duties. Under the supervision of the
Municipal Judge, the Municipal Court Administrator shall have the
duties of or assignment of:
1.
Carrying out the rules, regulations, policies, and procedures relating
to the operation of the court;
2.
Interviewing and speaking to prospective complainants; receiving
complaints and dispensing information relating to court matters;
3.
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;
4.
Taking and preparing bail bonds, making inquiry as to their sufficiency
and equity; receiving and accounting for fines and costs;
5.
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.
a.
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.
[New]
b.
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.
a.
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.
b.
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]
a.
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]
b.
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.
c.
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.
d.
The Commission members shall serve without compensation in performance
of their responsibilities.
e.
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.
f.
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:
1.
Provide in the resolution awarding the contract the supporting reasons
for its action.
2.
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.
3.
Maintain and make available for public inspection a copy of the resolution
and contract.
g.
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.
h.
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]
a.
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.
b.
A majority of the members of the Commission shall constitute a quorum
for the transaction of business.
c.
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]
a.
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.
c.
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.
d.
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]
a.
The tourism fee assessment imposed on any one license shall be $200.
The tourism fee assessment is in addition to any other licensing fee
required by the Borough.
[Amended 12-21-2021 by Ord. No. 2021-37; 3-1-2022 by Ord. No. 2022-06; 3-28-2023 by Ord. No. 2023-05]
b.
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:
c.
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:
a.
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.
b.
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.
c.
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.
[1]
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.[1]
[1966 Code § 2-6.11]
a.
In a contested case, all parties shall be afforded an opportunity
for hearing after reasonable notice.
b.
The notice shall include in addition to such other information as
may be deemed appropriate:
1.
A statement of the time, place, and nature of the hearing;
2.
A statement of the legal authority and jurisdiction under which the
hearing is to be held;
3.
A reference to the particular sections of the statutes and ordinances
involved.
4.
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.
c.
Opportunity shall be afforded all parties to respond, appear and
present evidence and argument on all issues involved.
d.
Unless precluded by law, informal disposition may be made of any
contested case by stipulation, agreed settlement, or consent order.
e.
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.
f.
Findings of fact shall be based exclusively on the evidence and on
matters officially noticed.
g.
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:
a.
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.
b.
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.
c.
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:
a.
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.
b.
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.
c.
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.
d.
Reporting at least annually to the governing bodies of the Boroughs
of Belmar and South Belmar.
