[Ord. No. 1228, 11-18-2015]
A certain document, three copies of which are on file in the
Office of the Borough Clerk of the Borough of Wildwood Crest being
marked and designated as "The 2015 International Property Maintenance
Code [IPMC]," published by the International Code Council [ICC] and
all subsequent editions is hereby adopted as the Property Maintenance
Code of the Borough of Wildwood Crest, County of Cape May and State
of New Jersey, inclusive of the use of an edited user-friendly guide
to such Code for the control of buildings and structures as herein
provided, and each and all of the regulations, provisions and penalties,
conditions and terms of said Wildwood Crest Property Maintenance Code
are hereby referred to, adopted and made a part hereof as if fully
set out in this chapter.
[Ord. No. 1228, 11-18-2015]
A. The Property Maintenance Code is amended as follows:
1. Section 101.1 is amended to insert Borough of Wildwood Crest as the
name of the jurisdiction.
2. Section 102.3 is amended to read as follows:
Applications of other codes. Repairs, additions or alterations
to a structure or changes of occupancy shall be done in accordance
with the procedures and provisions of the Uniform Construction Code
(N.J.A.C. 5:23) and Zoning Ordinance of the Borough of Wildwood Crest.
Nothing in this Code shall be construed to cancel, modify or
set aside any provision of the Uniform Construction Code and Zoning
Ordinance of the Borough of Wildwood Crest.
3. Section 102.7 is deleted.
4. Section 103.1 - General, is modified to read as follows:
The responsibility for enforcement of this code shall be the
Public Safety Director/Chief of Police or his designee. All references
to the "code official" shall be changed to the Public Safety Director/Chief
of Police or his designee. All sections referencing items regulated
by the Uniform Construction Code or the Uniform Fire Code shall be
referred to the appropriate official responsible for the enforcement
of that state-mandated code.
5. Section 103.2 is deleted in its entirety.
6. Section 103.3 is deleted in its entirety.
7. Section 103.5 — Fees - is amended as follows:
Fees. The fees for activities and services performed by the
Borough in carrying out its responsibilities under this Code shall
be indicated in the following schedule. Upon notice of violation and
subsequent failure of owner to act within prescribed time frame, the
Borough shall take all necessary and required steps for the preservation
of public health, safety and/or welfare to bring a property and/or
premises into compliance. The owner shall be required to remit payment
to the Borough within 30 days of presentation of an itemized bill
for the work performed. Included therein shall be manpower hours expended,
any applicable landfill and tipping fees, supplies purchased, etc.
In the event the work to be performed by the Borough requires cleaning
of debris, clearing of weeds and brush, etc., a singular charge of
$200 for each single residential lot and $400 for each single commercial
lot which necessitated corrective action by the Borough shall be applied.
Upon the conviction of any person, any outstanding fee that is owed
under this section shall be included with any penalty imposed by the
Court for a violation hereof.
8. Section 104.2 is deleted in its entirety.
9. Section 105 is deleted in its entirety.
10. Section 106.3 is amended as follows:
Prosecution of Violation. If the notice of violation is not
complied with, the code official shall institute the appropriate proceeding
at law or in equity to restrain, correct or abate such violation.
11. Section 106.4 - Violations and Penalties - is amended as follows:
Any person who shall violate a provision of this Code or fails
to comply therewith or with any of the requirements thereof shall
be prosecuted within the limits provided by state or local laws. Each
day that a violation continues after due notice has been served shall
be deemed to be a separate offense punishable by a period of community
service not exceeding 90 days or imprisonment in County Jail for a
term not exceeding 90 days or a fine not to exceed $1,000 per day,
per violation.
12. Section 107.1 - the last sentence thereof is deleted.
13. Section 107.6 is deleted in its entirety.
14. Section 108 is deleted in its entirety.
15. Section 109 is deleted in its entirety.
16. Section 110 is deleted in its entirety.
17. Section 111.1 is amended by adding the following sentence at the
end of said section: Upon service of a summons for violation of any
provision(s) of this Code, all complaints shall be within the jurisdiction
of the Wildwood Crest Municipal Court".
18. Sections 111.2 through 111.8 are deleted.
20. Section 302.4 is amended to insert 10 inches for height of weeds.
21. Section 304.1.1 is deleted.
22. Section 304.14 is amended to add the dates of May 1st to October
31st.
23. Section 304.15 is amended by deleting the last sentence thereof.
24. Section 305.1.1 is deleted.
25. Section 306 is deleted in its entirety.
26. Section 307 is deleted in its entirety.
27. Chapter
5, Chapter 6 and Chapter 7 are deleted in their entirety as they are regulated by the provisions of the Uniform Construction Code of the State of New Jersey (N.J.A.C. 5:23).