[Ord. No. 1994-9 § 26-1]
a.
The Borough seeks to establish minimum standards to govern the condition
and maintenance of all property, buildings, and structures which are
located in the Borough of Belmar.
b.
The Borough adopts these regulations with the purpose and intent
of promoting the health, safety, and welfare of the public in any
properties, buildings, and structures not regulated by any other statute,
rule, or ordinance including those properties, buildings, or structures
which are occupied by more than 25 persons which creates an over-crowding
condition that is hazardous to the health, safety, and welfare of
the public.
c.
Certain provisions are necessary to establish enforcement of the
regulations and standards governing certain properties, buildings,
and structures located in the Borough of Belmar.
[Ord. No. 1994-9 § 26-1.2; Ord. No. 2014-02 § 1; amended 7-25-2023 by Ord. No. 2023-12]
a.
Incorporation by Reference.
2.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, "The New Jersey State Housing Code" as approved by the Department of Health, Conservation and Economic Development and filed in the Office of the Secretary of State on January 31, 1962, and as amended and readopted by the Department of Community Affairs pursuant to the authority of N.J.S.A. 2A:42-76, and to be in compliance with N.J.A.C. 5:28-1 et seq. and N.J.A.C. 8:51, and The International Property Maintenance Code as published by the International Code Council every three years are hereby accepted, adopted, established and each and all of the regulations, provisions, penalties, conditions, and terms of the same are hereby referred to, adopted, and made part hereof, as if fully set out in this section with the additions, insertions, deletions, and changes, if any, prescribed in subsection 26-1.5, in and for the Borough of Belmar in the County of Monmouth and State of New Jersey, as the standards governing supplied utilities and facilities and other physical things and conditions essential to make dwellings safe, sanitary, and fit for human habitation or occupancy or use and governing the condition of dwellings. The "New Jersey State Housing Code" and “International Property Maintenance Code” are incorporated as if fully set forth at length herein, and copies of the same have been placed on file in the office of the Clerk of the Borough of Belmar in the County of Monmouth and State of New Jersey and shall remain on file for the use and examination by the public.
[Ord. No. 1994-9 § 26-1.3; Ord. No. 2014-02 § 1; amended 7-25-2023 by Ord. No. 2023-12]
This Chapter 26, together with the New Jersey State Housing Code and the most current edition of the International Property Maintenance Code shall be known as "the Housing and Property Maintenance Code of the Borough of Belmar, in the County of Monmouth and the State of New Jersey" and shall be hereinafter referred to as "the Code."
[Ord. No. 1994-9 § 26-1.4]
This Code shall govern all buildings and structures which are
specifically provided for in the New Jersey State Housing Code, any
unfit buildings as described under N.J.S.A. 40:48-1 et seq., and any
other powers given to the Borough of Belmar through either State and/or
Federal legislation.
[Ord. No. 1994-9 § 26-1.5]
The Code Official, or his/her authorized agent, and the Borough
of Belmar or any officer or department which shall hereinafter be
referred to as Code Official, shall have the authority to exercise
the powers which are necessary to carry out and effectuate the provisions
under the Code. The powers conferred in the Code shall be in addition
and supplemental to the powers conferred upon the Borough of Belmar
by any other law or ordinance.
[Ord. No. 1994-9 § 26-1.6; Ord. No. 1995-11 § 1; Ord. No. 2001-01 § I.B; Ord. No. 2001-02; Ord.
No. 2014-02 §§ 2 — 4; amended 7-25-2023 by Ord. No. 2023-12]
The following sections of the International Property Maintenance
Code shall be amended as to read follows:
101.1 Title. These regulations shall be known as
the International Property Maintenance Code of the Borough of Belmar,
hereinafter referred to as "this code."
Chapter 2 Definitions:
Structure: That which is built or constructed or a portion thereof.
That which is built or constructed, including without limitation because
of enumeration, buildings for any occupancy or use whatsoever, fences,
signs (including banners and pennants), billboards, fire escapes,
chut escapes, railings, water tanks, towers, open grade steps, sidewalks
or stairways, tents or anything erected or framed of component parts
which is fastened, anchored or rests on a permanent foundation or
on the ground.
302.4 Weeds: Premises and exterior property shall
be maintained free from weeds or plant growth in excess of 10 inches
(254mm). Noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation, other than trees or
shrubs provided; however, this term shall not include cultivated flowers
and gardens.
304.14 Insect Screens: During the period from April
1 to October 1, every door, window and other outside opening required
for ventilation of habitable rooms, food preparation areas, food service
areas or any areas where products to be included or utilized in food
for human consumption are processed, manufactured, packaged or stored
shall be supplied with approved tightly fitting screens of minimum
16 mesh per inch (16 mesh per 25 mm), and every screen door used for
insect control shall have a self-closing device in good working condition.
Exception: Screens shall not be required where other approved means,
such as air curtains or insect repellent fans, are employed.
602.3 Heat supply. Every owner and operator of
any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from September to May to maintain a minimum temperature of 68°
F (20° C) in all habitable rooms, bathrooms and toilet rooms.
Exceptions: 1. When the outdoor temperature is below the winter outdoor
design temperature for the locality, maintenance of the minimum room
temperature shall not be required provided that the heating system
is operating at its full design capacity. The winter outdoor design
temperature for the locality shall be as indicated in Appendix D of
the International Plumbing Code. 2. In areas where the average monthly
temperature is above 30° F (-1° C), a minimum temperature
of 65° F (18° C) shall be maintained.
602.4 Occupiable, workspaces. Indoor occupiable
workspaces shall be supplied with heat during the period from September
to May to maintain a minimum temperature of 65° F (18° C)
during the period the spaces are occupied. Exceptions: 1. Processing,
storage and operation areas that require cooling or special temperature
conditions. 2. Areas in which persons are primarily engaged in vigorous
physical activities.
The following sections of the International Property Maintenance
Code shall not be included in the Borough of Belmar's Housing
and Property Maintenance Code:
Section 103 "Code Compliance Agency"
Section 106 "Approval"
Section 107 "Means of Appeal"
Section 108 "Board of Appeals"
[Ord. No. 1994-9 § 26-1.7]
All ordinances and parts of ordinances which are inconsistent
are hereby repealed.
[Ord. No. 1994-9 § 26-1.8; Ord. No. 1994-30 § 1]
Each Chapter of the New Jersey Housing Code is hereby amended
and revised in accordance with the following:
a.
LODGING HOUSE
LODGING UNIT
ROOMING AND BOARDING HOUSE
ROOMING AND BOARDING UNIT
Section 5:28-1.2 Definitions.
Shall be deleted and amended to read:
Shall be deleted and amended to read:
Shall mean any building, or that part of any building containing
one or more rooming or boarding units, each of which is rented by
one or more persons not related to the owner.
Shall mean a rented room or group of rooms, containing no
cooking facilities, used for living purposes by a separate family
or group of persons living together or by a person living alone, within
a building.
b.
Section 5:28-1.10(b) of the New Jersey State Housing Code, shall
be amended to read as follows:
(b) Every inside and outside stairway, every porch, balcony,
deck and roof and every appurtenance thereto shall be so constructed
as to be safe to use, to comply with the minimum occupancy area requirements
as described under Section 5:28-1.11(e), [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. Every stairway having
three or more steps shall be properly banistered and safely balustraded.
c.
Section 5:28-1.10(c) of the New Jersey State Housing Code, shall
be amended to read as follows:
(c) Every porch, balcony, deck and roof, and/or similar place
higher than 30 inches above the ground, used for egress or for use
by occupants shall be provided with adequate railings or parapets
and shall comply with Section 5:28-1.11(e). Such protective railings
or parapets shall be properly balustraded and be not less than three
feet in height.
d.
Section 5:28-1.11 shall be amended to include a new subsection which
shall be referred to as Section 5:28-1.11(e):
(e) Any porch, balcony, deck or roof which is higher than 30
inches above the ground and which is used for egress or for use by
occupants shall provide a minimum of seven square feet for each occupant
and allow at least 30 pounds per square foot per occupant.
e.
Section 5:28-1.12 shall be amended to include a new subsection which
shall be referred to as Section 5:28-1.12(q):
(q) Every Owner and Occupant of any dwelling unit shall be responsible for assuring that the occupancy of any balcony, porch, deck or roof does not exceed the limit set forth in Section 5:28-1.11(e). The permitted occupancy limit for any porch, balcony, deck or roof shall be set forth on the certificate of occupancy of any building or structure and shall also appear on any license or certificate issued for any building or structure at any time in accordance with the provisions of Chapter 26 (Housing and Property Maintenance) of the Revised General Ordinances of the Borough of Belmar. The enforcement provisions of said section shall apply to any violation herein.
[Ord. No. 1994-9 § 26-2.1; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 2]
a.
Procedure. The Code Official may perform an inspection to determine
the conditions of buildings, dwellings, dwelling units, rooming and
boarding units and houses, and premises located within the Borough
so that their duty of safeguarding the health and safety of the occupants
of the buildings or dwellings and of the general public is performed.
For the purpose of making such inspections, the Code Official is authorized
to enter the structure or premises at reasonable times to inspect.
Prior to entering into a space not otherwise opened to the general
public, the Code Official shall make a reasonable effort to locate
the owner or other person having charge or control of the structure
or premises, present proper identification and request entry. If the
request to enter is refused or not obtained the Code Official shall
pursue recourse as provided by law.
b.
Duty of Owner or Occupant. If an inspection has been scheduled by
the property owner or his agent, the owner or occupant of the building,
dwelling, dwelling unit, or the person in charge thereof, shall give
the Code Official free access to all at reasonable times for the purpose
of performing an inspection, examination, or survey permitted under
the Code to effect compliance with the provisions therein or with
any lawful rule or regulation adopted or any lawful order issued pursuant
to the provisions herein.
c.
Search Warrant. The Code Official may, upon affidavit, apply to the
Municipal Court for a search warrant setting forth the factual circumstances
that provide a reasonable basis for believing that a violation of
the Code exists on the premises and if the Municipal Judge is satisfied
as to the matter set forth in the affidavit, he/she shall authorize
the issuance of a search warrant permitting access to and inspection
of that part of the premises on which the violation allegedly exists.
[Ord. No. 1994-9 § 26-2.2; Ord. No. 1999-16 § 3]
The standards set forth in the Code shall determine whether
a particular premises is fit for occupancy. No person shall occupy,
as owner occupant, nor shall any person rent to or sell to another
for occupancy any building, dwelling, or dwelling unit for the purpose
of living therein which fails to conform to the Code.
[Ord. No. 1994-9 § 26-2.3; Ord. No. 1998-16 § 1; Ord. No. 2000-05; Ord.
No. 2001-01 § II; Ord.
No. 2001-26]
The Code Official is required to issue all necessary notices
or orders to ensure compliance with the Code. A Certificate of Inspection,
issued by the Code Official, shall be required prior to the occupancy
or use of any premises when:
a.
Any sale or any other transfer of title to the premises has occurred;
or
b.
There is a rental or lease involving a new occupancy of any unit
of dwelling space, or if the dwelling space has not been inspected
for three years, whichever occurs sooner.
1.
The Certificate of Inspection pursuant to Subsection 26-2.3b shall be posted by the owner in a conspicuous place inside the licensed dwelling unit and within five linear feet of the main entrance door. It shall be a violation of this Code for any person, except an authorized officer or employee of the Borough of Belmar, to remove a posted license during the period it is in effect.
2.
Each Certificate of Inspection shall contain the following warning
in bold-faced type:
|
WARNING:
|
|
OCCUPANCY LIMITATION
|
|
The maximum permitted occupancy of this dwelling unit is _____
adults.
|
|
This occupancy limitation will be strictly enforced. No warnings
will be given.
|
|
Each tenant of the dwelling unit at the time of the violation
of this occupancy limitation shall be issued a summons for overcrowding
which carries a fine of $265 each for the first violation of this
occupancy; successive violations may result in higher fines.
|
|
NOTICE: If anyone has misrepresented the maximum permitted occupancy
of this dwelling unit to you, you may have a claim against them under
the New Jersey Consumer Fraud Act, N.J.S.A. 56:12-1, et seq. Consult
a lawyer, or contact the Belmar Code Official at (732) 681-1176.
|
|
It shall be a violation of this Code for any person to occupy
or use any premises if a required Certificate of Inspection has not
been issued.
|
[Ord. No. 1994-9 § 26-2.4; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 4; Ord. No. 2000-05; Ord.
No. 2001-01 § II]
Applications for Certificates of Inspection shall not be deemed
complete by the Code Official unless the applicant:
a.
Fully completes the form required by the Code Official for such applications;
b.
Submits the appropriate fee;
c.
Provides a certification in lieu of an affidavit, on a form to be
furnished by the Code Enforcement Officer, in which the property owner
acknowledges that he or she has:
1.
Retained a fully executed copy of any lease agreement executed by
all adult persons who will be tenants of the dwelling unit; provided,
however, that this subsection shall not be construed to require the
property owner to enter into a written lease agreement;
2.
Determined that each such adult tenant intends to reside in the dwelling
unit as his or her permanent residence, and that he or she will not
maintain any other permanent residence; provided, however, that the
property owner shall not be required to make this representation if
the application for the Certificate of Inspection states that the
duration of the tenancy is intended to be greater than 175 days;
3.
Obtained a true and correct copy of the driver's license or, if not
available, alternative proof of identification, for each adult tenant.
d.
Provided, however, that the information requested in Subsection c above shall not be required where the application for a Certificate of Inspection is made pursuant to Subsection 26-2.3a in connection with a title transfer. In addition, applications for a Certificate of Inspection pursuant to Subsection 26-2.3a shall not be deemed complete by the Code Official unless the applicant provides the street address and block and lot designation for the property, the seller's name and address, the seller's attorney's name and address, the purchaser's name and address, and the purchaser's attorney's name and address to the Code Official; and submits the appropriate fee.
e.
The property owner shall be required to maintain in his possession and control the documents and information described in Subsection c above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the lease in connection therewith; provided, however, that the property owner shall not be required to produce these documents or information to any official or employee of the Borough of Belmar, except pursuant to and in accordance with Subsection 26-2.8 of the revised General Ordinances of the Borough of Belmar. In addition to the property owner maintaining possession and control of the documents and information described in Subsection c above, the property owner may, on his application form, designate one other person to maintain said information for the purposes of providing the information to any official or employee of the Borough of Belmar in accordance with a request for the information pursuant to Subsection 26-2.8 of the Revised General Ordinances of the Borough of Belmar.
[Ord. No. 1994-9 § 26-2.5; Ord. No. 1998-16 § 1]
Upon completion of any inspection, the Code Official shall prepare
a report listing and describing all violations of this Code within
five working days after the completion of the inspection; and the
report shall also describe, where appropriate, any corrective remedies
which must be taken for the premises to comply with this Code. The
report shall contain the following:
IT IS ILLEGAL TO OCCUPY OR USE THESE PREMISES UNLESS AND UNTIL
A CERTIFICATE OF INSPECTION HAS BEEN ISSUED BY THE CODE OFFICIAL.
IF ANY VIOLATIONS ARE NOTED, IT IS THE APPLICANT'S RESPONSIBILITY
TO MAKE THE NECESSARY CORRECTIONS AND TO APPLY FOR A REINSPECTION.
[Ord. No. 1994-9 § 26-2.6; Ord. No. 1998-16 § 1]
The original of any inspection reports shall be filed with the
Code Official.
The Code Official shall provide legible copies to:
[Ord. No. 1994-9 § 26-2.7; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 5; Ord. No. 2001-02]
a.
A final Certificate of Inspection shall be issued when the premises
unconditionally complies with the provisions of this Code, and other
applicable law as of the date appearing on the inspection report.
The Certificate shall be either mailed or otherwise delivered to the
applicant.
b.
A temporary Certificate of Inspection is issued when there are violations
noted on the inspection report, unless the inspector notes on the
face of the report that any particular violations constitute an imminent
hazard to the life or safety of occupants, in which event the Code
Official may refuse to issue any Certificate of Inspection until the
noted violations are corrected or abated. A temporary Certificate
of Inspection shall be valid for a specific period of time not to
exceed 20 days from the date appearing on the inspection report. An
applicant may, upon filing for reinspection, have the premises reinspected
when the temporary inspection expires and a reinspection report shall
be prepared by the Code Official. In the event that a reinspection
shows no violations, a final Certificate of Inspection shall be issued
as prescribed herein. If the reinspection report shows remaining violations,
no inspection certificate shall be issued until such time as all violations
are corrected and abated and the applicant reapplies for an inspection
of the premises.
[Ord. No. 1995-11 § 2; Ord. No. 1998-16 § 1; Ord. No. 1999-16 § 6; Ord. No. 2000-05]
a.
Any person found in violation of the New Jersey Housing Code and/or
the BOCA National Property Maintenance Code of 1993 as contained in
this subsection shall pay a fine of $100, plus court costs, payable
through the Violations Bureau of the Municipal Court for each separate
violation.
b.
All tenants of a dwelling unit at the time the occupancy thereof
unlawfully exceeds the maximum permitted occupancy thereof as calculated
by the Code Official pursuant to Section PM-405.0 Occupancy Limitations
shall be issued a summons which carries a minimum fine of $265, plus
court costs, payable through the Violations Bureau of the Municipal
Court.
c.
At any time that an official or employee of the Borough of Belmar, including without limitation, employees of the Borough's Housing Department, has reason to believe that any ownership, use or occupancy of a dwelling unit regulated by this section, or any of the residents thereof, may be in violation of any Federal, State or Municipal law, the Borough of Belmar, or its officers, employees or agents, may require that the property owner provide the Borough with the documents and information he or she is required to maintain pursuant to Subsections 26-2.4d, 26-3.5a or 26-3.5b; provided, however, that rent amounts may be redacted. The property owner shall be required to provide this information to the Borough of Belmar not later than the fifth business day following the date the request was mailed by the Borough of Belmar to the address provided by the landlord on his application.
d.
Any person who is found to have submitted false information, documentation, or identification in connection with an application for a Certificate of Inspection, Public Accommodations License or Summer Rental License, or has failed to provide information requested pursuant to Subsection c of Subsection 26-2.8 shall pay a minimum fine of $250, plus court costs, payable through the Violations Bureau of the Municipal Court. Any person who submits a false affidavit of certification shall be subject to criminal prosecution, in addition to the penalties contained herein. In addition to the foregoing, any Public Accommodations License or Summer Rental License that is issued on the basis of information or documentation that is knowingly false or fraudulent when made shall be subject to revocation pursuant to and in accordance with the provisions of Subsection 20-8.1 of the Revised General Ordinances of the Borough of Belmar.
[Ord. No. 2000-10]
It is hereby found and declared that the existence or occupation
of any building or buildings, or parts thereof, in the Borough of
Belmar 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 of Belmar, and that should a public necessity exist for
the repair, closing or demolition of such building or buildings, or
part thereof that appropriate procedures should be fashioned to effectively
address these situations when they occur. Whenever the Borough of
Belmar finds that there exists in any 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, light or sanitation facilities, or due to other
conditions rendering such building or buildings, or part thereof,
unsafe or unsanitary, or dangerous or detrimental to the health or
safety or otherwise inimical to the welfare of the residents of the
Borough of Belmar, power is hereby conferred upon the Director of
Code Enforcement 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 provided herein.
Further, it is hereby found and declared that the existence
of brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, or, any
solid waste stored in such a way that it is accessible to and likely
to be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds, or rodents in the vicinity of any buildings or lands,
or parts thereof, in the Borough of Belmar constitute a hazard to
the public health, safety, and general welfare. Therefore, appropriate
procedures should be fashioned to effectively address these situations
when they occur particularly when the owner or tenant refuses or neglects
to abate or remedy the situation in the manner and within the time
required by ordinance, and provide for the imposition of penalties
for the violation of the ordinance and abatement of said conditions
in the manner provided herein.
In addition, it is hereby found and declared that the continuing
violation of Borough ordinances or State law relating to the occupation,
maintenance or use of a dwelling or lands constitute a hazard to the
public health, safety, general welfare and a nuisance to the residents
of the Borough of Belmar. Therefore, appropriate procedures should
be fashioned to effectively address these situations when they occur
particularly when the owner or tenant refuses or neglects to abate
or remedy the situation in the manner and within the time required
by ordinance, and provide for the imposition of penalties for the
violation of the ordinance and abatement of said conditions in the
manner provided herein.
[Ord. No. 2000-10]
The following terms whenever used or referred to in this section
shall have the following respective meanings for the purposes of this
section, unless a different meaning clearly appears from the context:
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.
Shall mean:
Any building or buildings, or parts thereof, which have come
into a state of disrepair through neglect, lack of maintenance or
use, fire, accident or other calamities, or through any other act
rendering the building or buildings, or parts thereof, in a state
of disrepair, to the extent that the building is unfit for human habitation
or occupancy or use; or
If conditions exist in any 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 of Belmar;
such conditions shall be deemed to 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; uncleanliness; failure to comply with the requirements
of any Federal, State or Borough of Belmar building, housing or fire
or related codes, or the certificate of occupancy.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof, including by way of example and not of limitation;
tenants, lessees, mortgage holders and lien holders.
[Ord. No. 2000-10]
a.
The Director of Code Enforcement is hereby designated and appointed
to exercise the powers prescribed by this subsection.
b.
Whenever a petition is filed with the Director of Code Enforcement
by a public authority or by at least five residents of the Borough
of Belmar, charging that any building is unfit for human habitation
or occupancy or use, or, is inimical to any resident's welfare, or
whenever it appears to the Director of Code Enforcement (on his own
motion) that any building is unfit for human habitation or occupancy
or use, or, is inimical to any resident's welfare, the Director of
Code Enforcement shall, if his preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Director of Code Enforcement (or his designated
agent) at a place therein fixed not less than seven days nor more
than 30 days after the serving of said complaint; that the owner and
parties in interest shall be given the right to file an answer to
the complaint and to appear in person, or otherwise, and give testimony
at the place and time fixed in the complaint; and that the rules of
evidence prevailing in the courts shall not be controlling in hearings
before the Director of Code Enforcement.
c.
If, after such notice and hearing, the Director of Code Enforcement
determines that the building under consideration is unfit for human
habitation or occupancy or use, or, is inimical to any resident's
welfare he shall state in writing his findings of fact in support
of such determination and shall issue and cause to be served upon
the owner thereof, and parties in interest an order:
1.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the building vacated and closed within the time set forth in
the order; and
2.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
d.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Director of Code Enforcement may cause such building to be repaired,
altered or improved, or
e.
If the owner fails to comply with an order to remove or demolish
the building, the Director of Code Enforcement may cause such building
to be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefore.
f.
The amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this subsection determined in favor of the municipality,
and
2.
Such cost of such 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 such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Director of Code Enforcement,
he shall sell the materials of such building, if a commercial market
for such materials exists. There shall be credited against the cost
of the removal or demolition thereof, including the clearance and,
if necessary, leveling of the site, the proceeds of any sale of such
materials or any sum derived from any contract for the removal or
demolition of the building. If there are no such credits or if the
sum total of such costs exceeds the total of such credits, a detailed
statement of the aforesaid costs and the amount so due shall be filed
with the municipal tax assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of the credits exceeds such
costs, the balance remaining shall be deposited in the Superior Court
by the Director of Code Enforcement, shall be secured in such manner
as may be directed by such court, and shall be disbursed according
to the order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court. Any owner or party
in interest may, within 30 days from the date of the filing of the
lien certificate, proceed in a summary manner in the Superior Court
to contest the reasonableness of the amount or the accuracy of the
costs set forth in the municipal lien certificate.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Director of Code Enforcement may, after taking such measures as
may be necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
Nothing in this section shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor is anything in this subsection intended to limit the
authority of the enforcing agency or construction official under the
"State Uniform Construction Code Act," P.L. 1975, c. 217 (N.J.S.A.
52:27D-119 et seq.) or any rules or regulations adopted thereunder.
[Ord. No. 2000-10]
Complaints or orders issued by the Director of Code Enforcement
pursuant to this subsection 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 Director of Code Enforcement
in the exercise of reasonable diligence, then the Director of Code
Enforcement shall make an affidavit to that effect, then the serving
of such complaint or order upon such persons may be made by publishing
the same once in a newspaper printed and published in the Borough
of Belmar, or, in the absence of such newspaper, in one printed and
published in Monmouth County and circulating in the Borough of Belmar.
A copy of such complaint or order shall be posted in a conspicuous
place on premises affected by the complaint or order. A copy of such
complaint or order shall be duly recorded or logged for record with
the Monmouth County recording officer.
[Ord. No. 2000-10]
The Director of Code Enforcement is authorized 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
powers in addition to others herein granted:
a.
To investigate the building conditions in the municipality in order
to determine which buildings therein are unfit for human habitation
or occupancy or use;
b.
To administer oaths, 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, and in compliance
with applicable law;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the ordinances;
and
e.
To delegate any of his functions and powers under the ordinance to
such officers and agents as he may designate.
|
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for, and receipt of, bids
therefore, pursuant to the provisions of the "Local Public Contracts
Law," P.L. 1971, c. 198 (N.J.S.A. 40A:11-1 et seq.), unless the action
is necessary to prevent imminent danger to life, limb or property,
or the Borough of Belmar provides the work required to ameliorate
the deficiencies of the building(s).
|
[Ord. No. 2000-10]
a.
Notwithstanding any law to the contrary, the Director of Code Enforcement,
to finance the costs of accomplishing the purpose of this subsection,
shall have the power to accept gifts, grants or donations from private
or public agencies and individuals, which the Director of Code Enforcement
determines will be beneficial to the purposes of this subsection.
b.
All funds received pursuant to Subsection a of this subsection shall be placed in a separate municipal fund designated as the "Emergency Demolition Fund" to be used solely for demolition related activities. The Director of Code Enforcement shall have the sole discretion in determining which funds will be accepted and the time and manner of all expenditures necessary to carry out the purposes of this subsection. All payments made pursuant to this subsection shall be made under the direction of the Director of Code Enforcement.
[Ord. No. 2000-10]
The Director of Code Enforcement after adoption of this subsection
shall as soon as possible thereafter prepare an estimate of the annual
expenses or costs to provide the equipment, personnel and supplies
necessary for periodic examinations and investigations of the buildings
in the Borough of Belmar for the purpose of determining the fitness
of such buildings for human habitation or occupancy or use, or, whether
such buildings are inimical to the residents of the Borough of Belmar
and for the enforcement and administration of this subsection. The
Director of Code Enforcement shall report his findings to the Mayor
and Council of the Borough of Belmar so they may consider making such
appropriations from its revenues as it may deem necessary for this
purpose and may accept and apply grants or donations to assist it
in carrying out the provisions of this subsection.
[Ord. No. 2000-10]
If the Director of Code Enforcement determines it shall be necessary
and expedient for the preservation of the public health, safety, general
welfare or to eliminate a fire hazard, to remove from such lands or
dwelling or destroy brush, weeds, including ragweed, dead and dying
trees, stumps, roots obnoxious growths, filth, garbage, trash and
debris; he shall serve a notice upon the owner of and parties in interest
in such dwelling or lands within the Borough of Belmar requiring the
removal or destruction of the same.
Notices issued by the Director of Code Enforcement pursuant
to this section 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 Director of Code Enforcement
in the exercise of reasonable diligence, then the Director of Code
Enforcement shall make an affidavit to that effect, then the serving
of such complaint or order upon such persons may be made by publishing
the same once in a newspaper printed and published in the Borough
of Belmar, or, in the absence of such newspaper, in one printed and
published in Monmouth County and circulating in the Borough of Belmar.
The owner of the dwelling or lands shall have 10 days after
service of the notice to remove or destroy the same. If the owner
shall have refused or neglected to remove or destroy same in the manner
and within the time provided above, the Director of Code Enforcement
shall notify the Department of Public Works, who shall remove or destroy
the same. If, due to the size or nature of the remediation, the Department
of Public Works is unable to remediate the dwelling or lands the Director
of Code Enforcement may contract for the removal or demolition thereof
after advertisement for, and receipt of, bids therefore pursuant to
the provisions of the "Local Public Contracts Law," P.L. 1971, c.
198, (N.J.S.A. 40A:11-1 et seq.), unless the action is necessary to
prevent imminent danger to life, limb or property.
In addition to any other penalty for failure to maintain the
dwelling or lands, the owner shall be subject to a fine in the amount
of $500 for refusing or neglecting to remove or destroy same in accordance
with the notice of the Director of Code Enforcement. In all cases
where brush, weeds, including ragweed, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are destroyed
or removed from any dwelling or lands by or under the direction of
the Director of Code Enforcement, he shall certify the cost thereof
to the Mayor and Borough Council, which shall examine the certificate,
and if found correct shall cause the cost as shown thereon to be charged
against said dwelling or lands; the amount so charged shall forthwith
become a lien upon such dwelling or lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such dwelling or lands, 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.
[Ord. No. 2000-10]
If the Director of Code Enforcement determines it shall be necessary
and expedient for the preservation of the public health, safety, general
welfare or to eliminate a fire hazard, to remove from such lands or
dwelling or destroy any solid waste stored in such a way that it is
accessible to and likely to be strewn about by animals such as but
not limited to dogs, cats, raccoons, birds or rodents; he shall serve
a notice upon the owner of and parties in interest in such dwelling
or lands within the Borough of Belmar requiring the removal or destruction
of the same.
Notices issued by the Director of Code Enforcement pursuant
to this section 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 Director of Code Enforcement
in the exercise of reasonable diligence, then the Director of Code
Enforcement shall make an affidavit to that effect, then the serving
of such complaint or order upon such persons may be made by publishing
the same once in a newspaper printed and published in the Borough
of Belmar, or, in the absence of such newspaper, in one printed and
published in Monmouth County and circulating in the Borough of Belmar.
The owner of the dwelling or lands shall have a specified period
of time which shall be not less than 72 hours or more than 10 days
after the owner has been served with the notice to remove or destroy
same. If the owner shall have refused or neglected to remove or destroy
same in the manner and within the time provided above, the Director
of Code Enforcement shall notify the Department of Public Works, who
shall remove or destroy the same. If, due to the size or nature of
the remediation, the Department of Public Works is unable to remediate
the dwelling or lands the Director of Code Enforcement may contract
for the removal or demolition thereof after advertisement for, and
receipt of, bids therefore pursuant to the provisions of the "Local
Public Contracts Law," P.L. 1971, c. 198, (N.J.S.A. 40A:11-1 et seq.),
unless the action is necessary to prevent imminent danger to life,
limb or property.
In addition to any other penalty for failure to maintain the
dwelling or lands, the owner shall be subject to a fine in the amount
of $500 for refusing or neglecting to remove or destroy same in accordance
with the notice of the Director of Code Enforcement. In all cases
where any solid waste stored in such a way that it is accessible to
and likely to be strewn about by animals such as but not limited to
dogs, cats, raccoons, birds, or rodents are destroyed or removed from
any dwelling or lands by or under the direction of the Director of
Code Enforcement, he shall certify the cost thereof to the Mayor and
Borough Council, which shall examine the certificate, and if found
correct shall cause the cost as shown thereon to be charged against
said dwelling or lands; the amount so charged shall forthwith become
a lien upon such dwelling or lands and shall be added to and become
and form part of the taxes next to be assessed and levied upon such
dwelling or lands, 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.
[Ord. No. 2000-10]
If the Director of Code Enforcement or any Borough official or employee under his control has issued two or more notices, complaints or summonses for the violation of any Borough ordinance or State law relating to the occupation, maintenance or use of a dwelling or lands, except for the instances described in Subsections 26-2.9.1 through 26-2.9.10 and the owner has failed to abate the nuisance or otherwise correct the defect, the Director of Code Enforcement shall serve a written notice of the same to the Mayor and Borough Council. The owner of and parties in interest in such dwelling or lands shall be served a copy of the notice to the Mayor or Borough Council at least 10 days before the Mayor and Borough Council shall consider the same. Said notice shall describe the nature of the offenses, the issuance of the two or more notices, complaints or summonses for the violations, the owner's failure to address the violations, requesting the matter be heard and that the Mayor and Council determine that the offenses constitute a public or private nuisance, and authorizing him to abate the nuisance or otherwise correct the defect in accordance with this section.
Notices issued by the Director of Code Enforcement pursuant
to this section 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 Director of Code Enforcement
in the exercise of reasonable diligence, then the Director of Code
Enforcement shall make an affidavit to that effect, then the serving
of such complaint or order upon such persons may be made by publishing
the same once in a newspaper printed and published in the Borough
of Belmar, or, in the absence of such newspaper, in one printed and
published in Monmouth County and circulating in the Borough of Belmar.
The Mayor and Borough Council shall consider the same at the
next meeting held in accordance with the Open Public Meetings Act
(N.J.S.A. 10:4-1 et seq.). If the Mayor and Borough Council deem that
the nature of the offenses and that the continuation of the offenses
constitute a public or private nuisance the Mayor and Borough Council
shall issue a written resolution embodying said determinations. The
resolution shall provide that if the nuisance is not abated or deficiencies
corrected within 10 days of the date of the resolution that the Borough
will abate the condition and the costs of the same shall be a lien
against the property as provided herein. The resolution shall be promptly
served upon the owner of and parties in interest in such dwelling
or lands by the Director of Code Enforcement.
Notices and resolutions issued or served by the Director of
Code Enforcement pursuant to this subsection shall be served upon
persons either personally or by registered mail, but if the whereabouts
of such persons are unknown and the same cannot be ascertained by
the Director of Code Enforcement in the exercise of reasonable diligence,
then the Director of Code Enforcement shall make an affidavit to that
effect, then the serving of such complaint or order upon such persons
may be made by publishing the same once in a newspaper printed and
published in the Borough of Belmar, or, in the absence of such newspaper,
in one printed and published in Monmouth County and circulating in
the Borough of Belmar.
If the nuisance is not abated or deficiencies corrected within
the time specified in the resolution, the Director of Code Enforcement
shall notify the Department of Public Works, who shall abate the nuisance
or otherwise correct the defect. If, due to the size or nature of
the remediation, the Department of Public Works is unable to remediate
the dwelling or lands, the Director of Code Enforcement may contract
for the removal or demolition thereof after advertisement for, and
receipt of, bids therefore pursuant to the provisions of the "Local
Public Contracts Law," P.L. 1971, c. 198, (N.J.S.A. 40A:11-1 et seq.),
unless the action is necessary to prevent imminent danger to life,
limb or property.
The Director of Code Enforcement shall certify the cost thereof
to the Mayor and Borough Council, which shall examine the certificate,
and if found correct shall cause the cost as shown thereon to be charged
against said dwelling or lands; the amount so charged shall forthwith
become a lien upon such dwelling or lands and shall be added to and
become and form part of the taxes next to be assessed and levied upon
such dwelling or lands, 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.
[Ord. No. 2005-27 § I]
a.
The Director of Code Enforcement, may request that the Borough Council
appoint a Housing and Property Maintenance Custodian ("Custodian")
to ensure the proper compliance with municipal ordinances and State
laws applicable to the abatement of nuisances, the correction of defective
conditions, and the proper maintenance of properties within the Borough
of Belmar. The Borough Council on its own initiative may also appoint
a Housing and Property Maintenance Custodian.
b.
The Borough Council shall consider the appointment of, and shall
appoint, a Custodian at a meeting held in accordance with the Open
Public Meetings Act (N.J.S.A. 10:4-1 et seq.). Not less than seven
days prior to said meeting the property owner(s) and the parties in
interest to the property shall be given written notice, by regular
mail and by certified mail return receipt requested, of the date and
time of the meeting to consider the appointment of a Custodian. The
property owner and/or parties in interest may file an answer to the
notice and shall be given the right to appear in person and give testimony
at the place and time fixed in the notice. If the Borough Council
deems that the appointment of a Custodian is warranted the same shall
be embodied in a written resolution. Said resolution shall be served
upon the property owner and the parties in interest to the property
by regular mail and by certified mail return receipt requested.
c.
The appointment of a Custodian may be ordered if the Borough Council
finds that:
1.
The property owner has been in violation of any provision of Subsection 26-2.9 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties, on more than one occasion, which required the Borough to perform the abatement of a nuisance, the correction of a defective condition, and/or the maintenance of the property ("corrective work") and which resulted in lien being placed upon the property due to the failure of the property owner to pay the costs associated with the Borough's performance of the corrective work; or,
2.
The Borough Council determines that the property owner has been in violation of any provision of Subsection 26-2.9 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties, on more than one occasion, which required the Borough to perform corrective work and the costs associated with the Borough's performance of the corrective work have been paid and that the property owner is willfully not complying, or through obvious neglect continues to fail to comply, with any provision of Subsection 26-2.9 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties.
d.
The appointment of a Custodian for any such building or structure by the Borough Council, may be either an officer of the Borough or any other person specifically designated by the Borough Council to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition, or the maintenance of the premises in a proper condition so as to conform to the requirements of Subsection 26-2.9 or similar municipal ordinances and State laws applicable to the abatement of nuisances, the correction of defective conditions, and the proper maintenance of properties applicable thereto.
e.
The compensation, if any, of the Custodian shall be set forth in
the resolution appointing the Custodian. The compensation of the Custodian
shall be determined relative to the amount of corrective work required,
the anticipated length of time the Custodian's services will be needed,
the knowledge and skill required of the Custodian to manage and supervise
the corrective work and any other factors relative to the property
to be managed and supervised by the Custodian.
f.
The compensation for the Custodian and the costs and expenses incurred
by the Custodian shall be collectible as provided herein. The Custodian
shall certify the cost thereof to the Borough Council, which shall
examine the certificate, and if found correct shall cause the cost
as shown thereon to be charged against said dwelling or lands; the
amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such dwelling or lands, 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.
[Ord. No. 2000-10; Ord. No. 2005-27 § I]
Nothing in this subsection shall be construed to abrogate or
impair the powers of the courts or of any department or official of
the Borough of Belmar to enforce any provisions of its charter or
its ordinances or regulations, nor to prevent or punish violations
thereof; and the powers conferred by this subsection shall be in addition
and supplemental to the powers conferred by any other law.
[Ord. No. 2005-22 § I]
The Borough of Belmar finds and declares that:
a.
Preservative treated wood containing arsenic poses potential health
risks to people especially children in the Borough of Belmar who are
potentially exposed to arsenic, a known human carcinogen, by coming
in physical contact with preservative treated wood. Studies conducted
by the United States Environmental Protection Agency, which have been
recognized by governmental entities in California, Connecticut and
Florida, suggest that arsenic leaches from preservative treated wood
containing arsenic and can end up on children's hands and in their
mouths.
b.
The lumber industry has agreed to a voluntary ban with the United
States Environmental Protection Agency banning the production of CCA
treated wood for most residential uses by December 31, 2003, but the
wood produced before then is still available for sale and is widely
used in decks, fences, playground equipment, garden beds and residential
construction.
c.
Preservative treated wood containing arsenic poses potential human
health and environmental risks through the release of arsenic during
manufacture, installation, and disposal of wood.
d.
There are a variety of alternatives to preservative-treated wood
containing arsenic compounds readily available throughout New Jersey.
e.
Preservative treated wood is also used for saltwater immersion environments
and for direct contact with the ground for structures such as pilings
and piers, but until such time as a viable alternative is available,
best management practices should be followed for these uses.
[Ord. No. 2005-22 § I]
Whenever used in this subsection 26-2.10 the following terms shall have the meanings set forth below, all other words shall have their usual and customary meaning:
Shall mean a preservative treated wood that is used for construction
purposes or facilities that comes directly in contact with the ground.
Shall mean wood treated with a preservative that contains
arsenic, elemental arsenic, or an arsenic copper combination, including
but not limited to, chromated copper arsenate preservative, ammoniacal
copper zinc arsenate preservative, or ammoniacal copper arsenate preservative.
Shall mean a preservative treated wood that is used for construction
purposes or facilities that are partially or totally immersed in saltwater.
[Ord. No. 2005-22 § I]
a.
The use of preservative treated wood is prohibited within the Borough
of Belmar as a building or construction material in any application
or use in which people are reasonably likely to come in physical contact
with the preservative treated wood. Examples of prohibited uses or
applications include, but are not limited to, stairs, railings, benches,
balusters, fencing, and columns, playground equipment and raised gardens
as well as the surfaces of decks, porches, balconies or docks. This
prohibition applies to new construction, renovations, and/or replacement
of damaged wood including replacing existing preservative treated
wood.
b.
This prohibition does not apply to the use of preservative treated
wood which is required due to direct ground contact or saltwater immersion
where alternative wood or other materials are not available to meet
the requirements of the project. However, in such instances, reasonable
precautionary measures shall be taken to reduce the chance of physical
contact with the preservative treated wood if practicable, including
but not limited to use measures to physically prevent direct human
contact such as by wrapping, covering or enclosing the preservative
treated wood with a nonpreservative treated material, such as vinyl
or aluminum, or with sealant other than paint, or by using fencing
or similar barriers.
c.
All building subcode permits issued by the Borough of Belmar shall
be stamped or otherwise affixed or accompanied with a notice advising
the permittee or his contractor that the Borough has prohibited the
use of preservative treated wood as set forth in this section.
b.
Additionally, any person violating the provisions of this subsection 26-2.10 shall upon conviction thereof, rectify the deficiency within a reasonable time frame set by the Court. If the violation has not been rectified by the date set by the Court the violator shall be subject to a fine of $100 per day until the violation has been rectified.
[Added 7-6-2021 by Ord. No. 2021-18; amended 8-3-2021 by Ord. No. 2021-26]
a.
The in-ground planting of running bamboo or invasive plants is prohibited
in the Borough of Belmar.
b.
Invasive plants shall mean shall mean all native and nonnative vines
and vegetation that, by their nature: i) grow beyond the borders of
the property of initial planting or cultivation; ii) are competitive,
persistent, and pernicious; and iii) cause a neighboring property
owner or the Borough potential hardship due to the vegetation being
overly competitive, poisonous, allergenic, illegal by state statute,
or hazardous to the neighboring property's trees, vegetation, structures
and facilities. Examples of invasive plants shall include, but are
not limited to, the following plant genera: Bamboo (clumping, spreading
or running type), Ragweed (Ambrosia), Poison ivy (Rhus radicans),
Poison oak (Toxicondendron vernix), Tree of heaven (Alianthus altissima),
Garlic mustard (Alliaria petiolate), Japanese knotweed (Polygonum
caspidatum), Mile-a-Minute (Polygonum perfoliatum), Multiflora rose
(Rosa multiflora), Kudzu (Pueraria montana), and Porcelain berry (Ampelopsis
brevipedunculata), and shall include the plant, and any cutting, flower,
seed, root, other plant part, or cultivar therefrom.
c.
Regulation of and limitations on existing invasive plants.
1.
All property owners must control the growth of invasive plants on
their property. Failure to control the significant spread of such
vegetation beyond the boundaries of any property within the Borough
is a violation of this section.
2.
All existing plantings must be contained by appropriate physical
barriers to prevent growth or spread of existing invasive species
beyond the boundaries of a resident's property.
3.
Spread is significant when the plant's roots grow beyond the boundaries
of a property owner's yard or take over or invade a neighbor's fencing,
plants or other landscaping.
d.
Removal of invasive species.
1.
In the event invasive species plant(s) are present on any plot of
land, or any other premises or place in the Borough and a complaint
is received by the Borough regarding an encroachment of any invasive
species plant and the Borough Code Enforcement Inspector, after observation
and/or inspection, determines that there is an encroachment or invasion
of an invasive species plant on any adjoining/neighboring private
or public property or public right-of-way, the Borough shall serve
notice to the invasive species plant property owner, in writing, to
remove or abate the violation within such time as shall be specified
in such notice.
2.
The cost of abatement shall be borne by the invasive species plant
property owner. If the owner fails to comply with such notice within
the time period specified herein, the Borough may remove or otherwise
control the invasive plant species and the Borough may thereafter
recover the cost of such removal from the property owner and place
a lien on the property to recover the cost of said removal.
e.
Regulation of and limitations on existing running bamboo.
1.
In the event any species commonly knowing as "running bamboo" is
located upon any property within the Borough of Belmar, prior to the
effective date of this prohibition, the owner and occupant of said
property shall jointly and severally be required to confine such species
to prevent encroachment, spread, invasion or intrusion of same onto
any other private or public property or public right-of-way. In lieu
of confining the species, the property owner or occupant may elect
to totally remove the bamboo from the property. Failure to properly
confine such bamboo shall require removal as set forth below. The
cost of said removal shall be at the bamboo property owner's expense.
f.
Removal of running bamboo.
1.
Whenever running bamboo, as defined by this chapter, is found on
any plot of land, lot or any other premises or place, as is found
to lack appropriate physical barriers to prevent the spread or growth
of the species, or is found to have spread beyond the boundaries of
a property, violations shall be given to the owner of the property
from which the invasive species have spread, in writing, to remove
or abate the same within 30 days. The cost of all remedies, including
the removal of plantings of invasive plants, shall be borne by the
property owner.
g.
Penalty.
1.
Any person violating the provisions of this chapter shall, upon conviction,
be punished by a fine or not more than $2,000, or community service,
as determined by the Municipal Court of the Borough of Belmar. A continuation
of such violation for each successive day shall constitute a separate
offense and the person or persons allowing or permitting the continuation
of such violation will be punished as provided above for each separate
offense.
