Editor's Note: Former Chapter 20, Nonresidential
Property Maintenance, previously codified herein and containing portions
of Ordinance No. 413, was repealed in its entirety by Ordinance No.
O-06-5.
[Ord. #O-06-5, S 1]
This Chapter and its subordinate sections shall be known as
the "Property Maintenance Code of the Borough of West Long Branch."
[Ord. #O-06-5, S 1]
The purpose of this Chapter is to protect the Borough of West
Long Branch and thereby the population of the same from the increasing
burden of costs incurred by the Borough in maintaining neglected and/or
abandoned property which has become dangerous to the citizens of the
Borough of West Long Branch as a whole and detrimental to the life,
health, property and safety thereof.
[Ord. #O-06-5, S 1]
The provisions of this Chapter are remedial and shall apply
to the condition of all land and materials thereon, whether manmade
or natural, and premises and the use, occupancy, structural condition,
removal and demolition of all structures and appurtenances connected
or attached thereto, irrespective of their date of construction, alteration,
repair or installation.
[Ord. #O-06-05, S 1]
a.
Except for emergency circumstances, this Chapter shall be enforced only after violations have first been brought to the attention of the owner (as defined herein) of the premises by the issuance of a violation notice and a reasonable time and full opportunity for voluntary compliance has been afforded to said owner as enumerated in Section 20-14.
b.
After such notice and reasonable opportunity for compliance, the
Borough may proceed to enforce this and other Code sections in Municipal
Court and the Superior Court to recoup all costs incurred by the Borough
in abating said violation, including attorneys' fees and costs.
[Ord. #O-06-5, S 1]
The following terms, wherever used herein or referred to in
this Chapter, shall have the respective meanings assigned to them,
unless a different meaning clearly appears from the context:
Shall mean any vehicle, including a trailer, which is without
a currently valid license plate and is in either a rusted, wrecked,
discarded, dismantled, partially dismantled, inoperative or an abandoned
condition.
Shall mean to allow or cause deterioration of structures
and/or premises, including unsightly conditions, which affect the
health, welfare and safety of the community, including any diminution
in property values of the surrounding area.
Shall mean the Revised Municipal Ordinances of the Borough
of West Long Branch and those documents, statutes, regulations and
rules adopted by reference therein.
Shall mean a building or buildings, or any part thereof,
and the lot or tract of land upon which the building or buildings
are situated, where commercial activity of any kind takes place. Commercial
activity shall include but is not limited to gasoline service stations;
stores for retail sales; liquor stores, taverns and inns; restaurants;
professional activities, including but not limited to medical, dental,
legal, architectural and accounting; personal services, including
but not limited to real estate, insurance, barbershops and hairdressers;
repair shops of all kinds; and amusements, including but not limited
to movies, skating rinks and bowling alleys; whether part of a shopping
area or not. Commercial activity shall not include sale of agricultural
products produced on the premises.
Shall mean the condition of a building or structure or part
thereof characterized by holes, breaks, rot, crumbling, cracking,
peeling, missing members, rusting or other evidence of physical decay
or neglect, lack of maintenance or excessive use.
Shall mean a room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Shall mean any premises or land or any part thereof of any
building or structure or any part thereof, which may be lawfully viewed
by the public, or any member thereof.
Shall mean open space on the premises outside of any building
located thereon.
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and/or consumption of food.
(See also "refuse" and "rubbish.")
Shall mean rooms used or designed for use by one or more
persons for living or sleeping or cooking and eating, but not including
bathrooms, water closet compartments, home laundries, serving and
storage pantries, corridors, foyers, vestibules, cellars, heater rooms,
boiler rooms or utility rooms. Other rooms or spaces that are not
used frequently or for an extended period of time or have less than
50 square feet of interior floor area shall not be considered as habitable
rooms.
Shall mean any condition, manmade or natural, which may afford
a breeding place or hiding place for rodents, insects or other pests.
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitutes a health hazard either to
the occupants of the premises and/or to surrounding properties and/or
residents.
Shall mean any building or structure and any land appurtenant
thereto, and any portion thereof, in which three or more units of
dwelling space are occupied or intended to be occupied, or as defined
in the Hotel and Multiple Dwelling Act, N.J.A.C. 5:10, as amended.
Shall mean any person having actual possession of the premises
or any part thereof.
Shall mean any person who has charge, care or control of
a dwelling or premises or any part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or who shall
have charge, care or control of any dwelling unit as owner or agent
of the owner or as executor, executrix, administrator, administratrix,
trustee, receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained. Any person who is
a lessee subletting or assigning any part of any dwelling or dwelling
unit shall be deemed to be a co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
Shall mean all individuals, associations or corporations
who have interest of record in a building, structure or property and
any who are in actual possession thereof.
Shall mean and includes all manner of corporations and commercial
entities as well as individuals.
Shall mean the control and elimination of insects, rodents,
vermin, vegetation and fungus.
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereof.
Shall mean any officer who is in the employ of any department
or branch of the government of the Borough of West Long Branch, County
of Monmouth or State of New Jersey, relating to health, police/public
safety activities, fire, property maintenance, code enforcement, building
regulations or to other activities concerning buildings and land in
the municipality.
The Borough Clerk is hereby designated to serve as the public
officer hereunder, and all inspections, regulations, enforcement and
hearings on violations of the provisions of the following Code sections,
unless expressly stated to the contrary, shall be under his direction
and supervision. He may appoint or designate such other local public
officers or employees to perform duties as may be necessary to the
enforcement of this Code, including but not limited to the making
of inspections and the holding of hearings.
Shall mean any putrescible and nonputrescible solid waste
(except bodily waste), including but not limited to garbage, rubbish,
ashes, street cleanings, offal, abandoned automobiles and solid market
and industrial wastes. (See also "garbage" and "rubbish.")
Shall mean nonputrescible solid waste consisting of both
combustibles and wastes, such as paper, wrappings, cigarettes, cardboard,
tin cans, yard clippings, leaves, wood, glass, bedding, crockery and
similar materials. (See also "garbage" and "refuse.")
Shall mean one or more buildings or parts thereof designed
or existing as a unit, occupied or to be occupied by one or more businesses
for the conduct of retail sales with parking space.
[Ord. #O-06-5, S1]
a.
Any public nuisance recognized in common law or in equity jurisprudence
or as provided by the statutes of the State of New Jersey or the ordinances
of the Borough of West Long Branch.
b.
Any attractive nuisance, which may prove detrimental to the health
or safety of children, whether in a building on the exterior of premises
or upon an unoccupied lot. Attractive nuisances include but are not
limited to abandoned swimming pools, abandoned ice boxes and/or refrigerators,
motor vehicles, any structurally unsound fences or structures, lumber,
trash, fences, debris or holes and/or excavations or vegetation, such
as poison ivy, oak or sumac, which may prove hazardous for inquisitive
minors.
c.
Physical conditions dangerous to human life or detrimental to the
health of persons on or near the premises where the conditions exist.
d.
Overcrowding of a room with occupants in violation of the State Fire
Code and/or N.J.A.C. 5:10, the Hotel and Multiple Dwelling Act, as
amended, and/or Article II, Adoption of BOCA Standards, of this Chapter
of the Code of the Borough of West Long Branch.
e.
Inadequate or unsanitary sewerage or plumbing facilities in violation
of the Uniform Constitution Code, N.J.A.C. 5:23-1 et seq., as amended,
and this Code and any laws, regulations and rules adopted thereby.
f.
Unsanitary conditions or anything offensive to the senses or dangerous
to health in violation of this Code.
g.
Whatever renders air, food or drink unwholesome or detrimental to
the health of human beings.
h.
Fire hazards/dangerous conditions or any dangerous or hazardous conditions
that are outlined as follows:
1.
Dangerous conditions that are liable to cause or contribute to the
spread of fire in or on said premises, building or structure or endanger
the occupants thereof.
2.
Conditions that would interfere with the efficiency and use of any
fire-protection equipment.
3.
Obstruction to or on fire escapes, stairs, passageways, doors or
windows liable to interfere with the egress of occupants or the operation
of the Fire Department in case of fire.
4.
Accumulations of dust or waste material in air-conditioning or ventilating
systems or grease in kitchen or other exhaust ducts.
5.
Accumulations of grease on kitchen cooking equipment or oil, grease
or dirt upon, under or around any mechanical equipment.
6.
Accumulations of rubbish, waste, paper, boxes, shavings or other
combustible materials or excessive storage of any combustible material.
7.
Hazardous conditions arising from defective or improperly used or
installed electrical wiring, equipment or appliances.
8.
Hazardous conditions arising from defective or improperly installed
equipment for handling or use of combustible, explosive or otherwise
hazardous materials.
i.
Insufficient ventilation or illumination in violation of this Code.
[Ord. #O-06-5, S1]
The exterior of the premises, the exterior of structures and
the condition of accessory structures shall be maintained so that
the appearance of the premises and structures shall not constitute
a blighting factor for adjoining property owners. Such maintenance
shall include the following:
a.
In a residential zone, there shall not be stored or used at a location
visible from the sidewalk, street or other public areas equipment
and materials and/or vehicles relating to commercial or industrial
uses unless permitted under Borough Zoning.
b.
Premises with landscaping and lawns, hedges and bushes shall be kept
trimmed and from becoming overgrown and unsightly where exposed to
public view and where the same constitute a blighting factor depreciating
adjoining property.
c.
Reconstructed walls and sidings of nonresidential structures shall
be of standard quality and appearance commensurate with the character
of the properties in the same block and on both sides of the street
on which the premises front such that the materials used will not
be a kind that, by their appearance under prevailing appraisal practices
and standards, would depreciate the values of the neighboring and
adjoining premises as aforesaid.
d.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair. The same shall be maintained
free of broken glass, loose shingles, crumbling stone or block, excessive
peeling paint or other conditions reflective of deterioration or inadequate
maintenance, to the end that the property itself may be preserved
safely, fire hazards eliminated and properties protected from blighting
influences. Sidewalks and driving and/or parking areas shall be maintained
in good repair.
e.
Exceptions to Prohibitions.
1.
No structure, equipment or materials of any kind may be placed or
stored upon any street or public road in the Borough at any time or
for any purpose, unless expressly permitted by law or ordinance and
placed in such manner as not to impede or divert the natural flow
of drainage waters upon or along any street or public road and the
gutters or drainage ditches thereof.
2.
The obstruction of any gutter or drainage ditch or any portion thereof
serving the street or public road by filling, otherwise depositing
stones, dirt, debris or other materials or things therein or by any
other means shall be unlawful, but this shall not apply to such materials
as may be carried or deposited therein by natural drainage of surface
waters or by other natural causes.
[Ord. #O-06-5, S 1]
a.
Duties of Owners and Tenants.
1.
Brush and Hedges Near Roadways and Intersections. It shall be the
duty of the owner, tenant or person in possession of any lands in
the Borough to keep all brush, hedges or other plant life growing
within ten (10') feet of any roadway and within twenty-five (25')
feet of the intersection of two roadways cut to a height of not more
than three (3') feet where it shall be necessary and expedient
for the preservation of public safety.
2.
Brush, Weeds, Debris, etc., Which Are a Fire Hazard or Injurious
to Public Health or Safety. It shall be the duty of the owner, tenant
or person in possession of any lands in the Borough, where 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 brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris.
3.
Grass. Notwithstanding anything to the contrary in paragraphs 1 and
2 above, it shall be the duty of the owner, tenant or person in possession
of any lands in the Borough to keep all grass cut to a height of not
more than twelve (12") inches on any property in the Borough.
b.
Notice to Owners or Tenants. After an investigation initiated by
any complaint of a resident, officer or employee of the Borough relative
to a violation of this Chapter, or without receiving a complaint,
the Police Department, or Code Enforcement, if the reported conditions
are found to exist, a representative of the Police Department or Code
Enforcement shall notify the owner, tenant or person in possession
of the lands complained of, in writing, either personally or by registered
mail, to remove such brush, hedges or other plant life, trees, stumps,
roots, obnoxious growth, filth, garbage, trash or other debris within
10 days after receipt of the notice. The Code Enforcement Officer
shall reinspect the lands in question after the 10-day period expires
and report, in writing, whether the condition complained of has been
abated or remedied.
c.
Removal by Borough; Costs Established as a Lien. If the owner, tenant
or person in possession of the lands in question shall fail to abate
the condition complained of within 10 days after receipt of notice,
the Borough shall cause the condition complained of to be abated and
shall certify the cost to the Council, who shall examine the certificate
and, if it is correct, cause the cost as shown thereon to be charged
against the lands. The amount so charged shall become a lien upon
the lands and shall be added to and become a part of the taxes next
to be assessed and levied upon the lands, shall bear interest at the
same rate as taxes, and shall be collected and enforced by the same
officer and in the same manner as taxes. Costs shall be in addition
to any penalties imposed for any violation of this Chapter.
[Ord. #O-06-5, S 1]
No person, owner, occupant and/or tenant of a property in the
Borough of West Long Branch shall rake, blow, push and/or drag leaves
from his property onto the public streets of the Borough of West Long
Branch, except as permitted by other ordinance or Borough collection
policy.
[Ord. #O-06-5, S 1]
No owner, occupant and/or tenant of property in the Borough
of West Long Branch shall place, put or stack branches, trees or parts
of trees in any paved right-of-way, except as prescribed by ordinance.
Branches, trees and/or parts of trees may be placed immediately adjacent
to the curb of the premises in question so as not to block the sidewalk
extending not further than three (3') feet from the curb.
[Ord. #O-06-5, S 1]
No person shall discharge or cause to be discharged waters or
other liquids or semiliquids, directly or indirectly, in any manner
whatsoever, into or upon any public street or road in the Borough.
Sump pump water may be discharged directly into the storm sewer, but
not into the public streets or roads. The foregoing shall not, however,
apply to natural drainage water or waters, liquids or semiliquids
used for the purposes of cleaning buildings or paved land surfaces
that may flow or pass upon a public street or road.
[Ord. #O-06-5, S 1]
a.
Outside building walls shall not have any holes, loose boards or
any broken or missing members or cracked or damaged finish which admits
rain, cold air, dampness, rodents, insects and/or vermin.
b.
Every building shall be so maintained as to be weather tight, watertight
and vermin proof. All exposed surfaces thereof subject to deterioration
shall be protected against weathering by a protective coating appropriate
for the particular material involved, as needed.
c.
Basements, cellars and crawl spaces shall be free of moisture resulting
from seepage, and cross-ventilation shall be required where necessary
to prevent accumulation of moisture and dampness, shall be paved with
stone or concrete not less than four (4") inches thick and shall be
maintained at all times in a condition so as to be smooth, clean and
free from cracks, breaks and/or other hazards. This paragraph does
not apply to single-family owner-occupied dwellings.
d.
All parts of the premises shall be maintained so as to prevent infestation.
e.
All parts of the dwelling shall be kept in a clean and sanitary condition,
free of nuisance and free from health, safety and fire hazards.
f.
Every roof, roof gutter, flashing, rainwater conductor and roof cornice
shall be weather tight, rain tight and vermin proof and shall be kept
in good repair.
[Ord. #O-06-5, S 1]
a.
The owner or operator shall have the duty and responsibility of removing
garbage whenever a janitor is required for the premises in accordance
with the provisions of paragraph c below.
b.
All accumulations of trash and debris shall be removed daily from
collection areas and trash chutes if a trash compactor is not provided
or if the existing trash compactor is out of order. In a dwelling
containing four or more dwelling units, storage areas or storage bins
of fireproof construction and containing fireproof walls and partitions
of at least two hours, rating shall be provided, except when storage
areas are outside and not adjoining the building.
c.
In every dwelling containing three or more dwelling units or rooming
units, or combinations thereof, the owner shall provide or designate
a superintendent, janitor, caretaker or housekeeper who shall at all
times maintain the premises in compliance with this Code and keep
the premises free from filthy garbage, refuse and rubbish and who
shall be responsible for the daily collection of garbage and other
refuse from the occupants on a regular schedule. Said person shall
be regularly available on the premises to perform the foregoing duties
in accordance with N.J.A.C. 5:10. In the event that said superintendent,
janitor, caretaker or housekeeper fails to comply with the provisions
of this Code, actions of the superintendent, janitor, caretaker or
housekeeper or alternative individuals referred to in this Code, even
in disobedience of instructions received from the owner or operator,
shall not relieve the owner or operator from the duties and responsibilities
imposed by this Code. It shall be the obligation of the owner or operator
to register the name, address and telephone number of said owner and
operator with the public officer in accordance with the applicable
provisions of this Code.
d.
Exterior parking areas, pedestrian walkways or other portions of
the premises subject to regular and recurrent use by occupants at
night shall be illuminated continually from 1/2 hour before sunset
to 1/2 hour after sunrise unless the lighting is connected to a dusk-to-dawn
photoelectric control device to enable safe passage of persons of
normal vision.
e.
All interior walls, ceilings and other exposed surfaces in units
of dwelling space shall be kept smooth, clean, free of flaking, loose
or peeling paint, plaster or paper and capable of being maintained
free of visible foreign matter and vermin and in a sanitary condition.
If and where necessary to accomplish the foregoing or any part thereof,
such interior surfaces shall be spackled, painted, papered or otherwise
provided with a protective coating appropriate for the surface material
and shall be done at least once every three years unless it is clearly
unnecessary. Responsibility for the cost of said painting, papering,
surface preparation or other protective coating shall be as set forth
in the lease to the premises. Where the lease makes no provision for
said cost, it shall be presumed to be the responsibility of the landlord.
It shall also be the responsibility of the landlord when required
to correct conditions under this Chapter other than normal wear and
tear.
[Ord. #O-06-5, S 1]
After inspection or the discovery of violations of this or any
chapter of this Code, except as to emergency circumstances, the Enforcement
Officer, upon first determining that a violation of this or any chapter
of this Code exists, shall issue a written violation notice advising
the owner of the property in violation of the following:
a.
Nature of the violation(s), stating applicable Code sections.
b.
A reasonable time, not to exceed 60 days in normal circumstances,
and not to exceed 120 days in unusual circumstances, to achieve voluntary
compliance.
c.
If this notice is not complied with, then the Borough of West Long
Branch shall issue a summons, to be heard in the Municipal Court of
the Borough of West Long Branch.
d.
A violation notice need not be issued when conditions constitute
an emergency and present an eminent or immediate threat of danger
to human life or limb, health, property or the public safety.
e.
Upon evidence of good faith efforts to commence compliance with such
notice, the Enforcement Officer may, in his sole discretion, grant
a reasonable extension of the time to complete compliance.
[Ord. #O-06-5, S 1]
Once a responsible party has been noticed of a particular violation
of this Chapter, that party shall not be entitled to any further notice
of violation prior to the issuance of any summons, regardless of the
passage of time between the first and subsequent notice(s).
[Ord. #O-06-5, S 1]
In case any notice provided in Section 20-14 is not complied with, the Enforcement Officer may institute an action in a court of competent jurisdiction to:
a.
Restrain, correct or remove the violation.
b.
Prevent the trespass, occupation or use of the structure in violation
of or not in compliance with the provisions of this Chapter.
c.
Order the payment of the civil penalty authorized by this Chapter.
d.
Order such other relief as shall be just or equitable to secure and
protect the general public from conditions on premises found to be
dangerous or detrimental to human life, limb, health, property or
safety.
[Ord. #O-06-5, S 1]
The Enforcement Officer shall issue a written notice to vacate
and to repair or remove whenever:
a.
An emergency circumstance that exists and presents an eminent or
immediate threat of danger to human life or limb, health, property
or the public safety.
b.
Voluntary compliance with the violation notice is not achieved within
the time indicated and a Municipal Court adjudication has not resulted
in abatement of the violation.
c.
Hearing.
1.
Within 10 days of the issuance of this notice, a hearing shall be
held before the public officer as defined in this Chapter, at which
time there will be an administrative determination of the violation
in this matter. The hearing shall follow these procedures: the owner
and parties in interest shall be given the right to file an answer
to the complaint and to appear in person or otherwise and give testimony
at the time and place fixed in the complaints; and the rules of evidence
prevailing in courts of law or equity shall not be controlling in
such hearings. Upon the termination of this hearing, the public officer
shall make an immediate finding as to whether or not the violation
charged has been substantiated and proven. If the violation has been
proven by a preponderance of the evidence, then the public officer
shall give the property owner an amount of time to cure the violation
no greater than 60 days from the date of the hearing.
2.
A finding of guilt in the Municipal Court or any court of competent
jurisdiction shall create a presumption that a violation exists, and
the burden shall then be on the property owner to rebut the presumption
by clear and convincing evidence that the violation has been abated.
d.
The owner shall comply with the terms of the order issued by the public officer at the public hearing. Failure by the owner to comply with the terms of the order within the time frame enumerated in the order shall allow the Borough to take action pursuant to the terms of the order under Section 20-14.
[Ord. #O-06-5, S 1]
Whenever the Enforcement Officer shall issue a violation notice
or notice to vacate and repair or remove, he shall give such notice
to the owner of record or agent as defined in this Chapter of the
Code and to the person in control of the premises if the same may
be located with reasonable effort, by return receipt registered or
certified mail or by personal service issued through an officer of
the Borough of West Long Branch or through other legally accepted
means. Service on nonresidents or persons who cannot be found in the
Borough of West Long Branch shall be made by sending a copy of such
notice to the owner of record by registered or certified mail to such
owner's last known address.
[Ord. #O-06-5, S 1]
a.
In the event that the owner of record fails to comply with a notice
to vacate, repair or remove within the time period enumerated in the
order given by the public officer, or in the event that there exists
an emergency circumstance which presents an eminent or immediate threat
of danger to human life or limb, health, property or public safety,
the Enforcement Officer may enter the premises concerned and cause
the same to be repaired or removed and any dangerous conditions to
be remedied, as the case may be, and any violation to be abated at
the expense of the owner of record as defined by this Chapter.
b.
The Enforcement Officer shall certify as to the steps that were taken
to abate the nuisance, violation or eminent and immediate threat and
the costs incurred thereby.
[Ord. #O-06-5, S 1]
a.
The Borough of West Long Branch by resolution may instruct any department
or agency thereof to clean property or abate violations, nuisances
or emergency circumstances which present eminent or immediate threat
of danger to human life or limb, health, property or public safety,
as defined under this Chapter of the Code, or hire an independent
contractor to do the same as such situations arise.
b.
The municipality may enact a resolution, which will contain a list
of contractors available for such work. Such resolution may be enacted
on an annual basis, and the same shall be sufficient for the incurrence
of such costs, which are less than the legal amount which would require
public bidding.
[Ord. #O-06-5, S 1]
a.
Costs of cleanup, remediation, abatement or correction of other violations
as defined in this or any chapter of the Code, including but not limited
to relocation fees, shall be certified to the Tax Collector, to be
enforced on a parity as and with the lien for unpaid real estate taxes.
Said expenses shall thereby constitute a lien on the premises and
shall be entered on the tax records kept by the Tax Collector and
shall be collectible as are overdue taxes pursuant to this Code.
b.
The municipality may bring an action in the Superior Court to recoup
any and all costs and fees not made a part of a tax lien, including
attorneys' fees incurred in the abatement process and in the
effort to recoup costs.
[Ord. #O-06-5, S 1]
a.
Fees shall be as follows:
1.
Cutting and/or clearing and removal of grass, weeds, overgrowth and
brush:
|
Growth Height
| ||
|---|---|---|
|
Property Size
|
Up to 12 Inches
|
Over 12 Inches
|
|
Up to 2,500 square feet
|
$75
|
$100
|
|
2,501 to 5,000 square feet
|
$100
|
$150
|
|
Over 5,000 square feet
|
$200
|
$225
|
3.
Clearing and/or removal of debris at an hourly rate of $40.
4.
Extermination services: Services to be provided by Borough contractor
a current contract rate.
6.
Demolition services: Competitive bid/quote as required by the Purchasing
Agent.
7.
Relocation of tenants/residents: Actual costs per occurrence.
8.
Repair of excavations of dangerous conditions of property:
9.
Towing/vehicle removal: Police Department SOP will be used to remove
abandoned/unregistered vehicles.
b.
All of the fees set forth above shall be first certified to the Administrator
of the Borough of West Long Branch and the Chief Financial Officer
of the Borough of West Long Branch then shall be added as liens against
the property through the Office of the Tax Collector. In addition,
any and all filing fees incurred by the Office of the Tax Collector
shall be includable as additional liens.
[Ord. #O-06-5, S 1]
a.
Whenever the public officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
he may, without notice or hearing, issue an order requiring that such
action be taken as he determines necessary, applying the statutes
and provisions of this Chapter to meet the emergency, and such order
shall be effective immediately, and any person to whom such order
is directed shall be obliged to comply immediately. Any such person
may petition to the public officer for a hearing on such order, which
hearing shall be conducted not later than five days after receipt
of this petition.
b.
In the event that the public officer orders immediate action by the Borough of West Long Branch's Department of Public Works, or such independent contractor as may be hired by the Borough, to protect the public health or safety pursuant to paragraph a above, the following costs and fees shall be charged to the affected property owner or owners for such emergency work, and which costs and fees shall be a lien against the subject property and collectible as provided in Section 20-21 of this Chapter:
1.
During regular work hours, after working hours, and on holidays and
Sundays: At an amount to be calculated at each employee's hourly
rate for the time worked (i.e., regular work hours, after work hours,
or holidays and Sundays, as applicable to the time the work was performed).
These rates shall be determined by dividing the employee's annual
salary by the number of hours worked per week, and then dividing by
52 weeks. The annual salary shall be as fixed by union contract or
Borough ordinance, as applicable.
2.
Materials and equipment used to be charged based upon costs incurred
by the Borough.
[Ord. #O-06-5, S 1]
In any case where the provisions of this Chapter impose a higher
standard than set forth in any other ordinance of the Borough of West
Long Branch or other laws within the State of New Jersey, then the
standards set forth herein shall prevail; but if the provisions of
this Chapter impose a lower standard than any other ordinance of the
Borough of West Long Branch or other laws within the State of New
Jersey, then the higher standard contained in any such other ordinance
or laws shall prevail.
[Ord. #O-06-5, S 1]
a.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the BOCA
National Property Maintenance Code, 1996 Edition, excluding Section
PM-111.0 et seq., Means of appeal, and any supplements thereto, is
hereby adopted as a standard governing supplied utilities and facilities
and other physical things and conditions essential to make buildings
and dwellings, both residential and nonresidential, safe, sanitary
and fit for human habitation, occupancy or use and governing the conditions
of buildings and dwellings, both residential and nonresidential.
b.
This Chapter shall not apply to newly constructed buildings which
have been constructed in accordance with the Uniform Commercial Code,
N.J.A.C. 5:23-1 et seq., as amended.
[Ord. #O-06-5, S 1]
A copy of the BOCA National Property Maintenance Code, 1996
Edition has been placed on file in the office of the Clerk and will
remain on file there for the use and examination of the public.
[Ord. #O-06-5, S 1]
The BOCA Property Maintenance Code, 1996 Edition, is amended
and revised in the following respects:
a.
In Section PM-101.1, insert "Borough of West Long Branch."
b.
In Section PM-106.2, insert "$50" and "$1,250."
c.
In Section PM-106.2, insert "180 days."
d.
In Section PM-304.15, insert "May 1" and "October 1."
e.
In Section PM-602.2.1, insert "October 1" and "May 1."
f.
In Section PM-602.3, insert "October 1" and "May 1."
g.
Section PM-111.0, Means of appeal, is repealed.
[Ord. #O-06-5, S 1; Ord. No. O-2016-9 § 2]
The administrative and enforcing authority for the provisions of this Chapter shall be the Zoning Officer, Code Enforcement Officer, Fire Official and Health Officer. Any Borough Police Officer is also authorized to issue a summons for any violation of Chapter 20, but is not authorized to take any other action allowed by the Zoning Officer, Code Enforcement Officer, Fire Official or Health Officer under Chapter 20.
[Ord. #O-06-5, S 1]
The Code Enforcement Officer, Zoning Officer, Housing Inspector,
Fire Official, and the Department of Health or their agents or employees
shall make inspections to determine the condition of dwellings, dwelling
units, rooming units and premises located within the Borough. For
the purpose of making inspections, the aforementioned officials, agents
or employees are authorized to enter and examine any dwelling, dwelling
unit, rooming unit or premises at such reasonable hours as the circumstances
of the case permit. This section shall not be construed to prohibit
the entry of the aforementioned officials, agents or employees at
any time when an actual emergency exists which tends to create a danger
to the public health or safety or at any time when an inspection is
requested by an owner or occupant.
[Ord. #O-06-5, S 1]
Upon presentation of proper identification, the Code Enforcement
Officer, Housing Inspector, Fire Official and the Department of Health
or their agents or employees shall be given free access to the premises
by the owner, occupant or person in charge of a dwelling, dwelling
unit or rooming unit for the purpose of inspection or of making any
repairs or alterations which are necessary to effect compliance with
this Chapter.
[Ord. #O-06-5, S 1]
The Code Enforcement Officer, Housing Inspector, Fire Official and the Department of Health or their agents or employees may, upon affidavit, apply to the Judge of the Municipal Court of the Borough for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this Chapter exists on the premises, or that an inspection is to be made pursuant to Section 20-27, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Ord. #O-06-5, S 1]
Whenever the Code Enforcement Officer, Housing Inspector, Fire
Official and the Department of Health or their agents or employees
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this Chapter or of any rule
or regulation adopted pursuant thereto or under the BOCA National
Property Maintenance Code, 1996 Edition, he or she may issue a summons
returnable in the West Long Branch Municipal Court for said violation
or violations. In addition thereto, or as an alternative method of
remedy, he or she may give notice of abatement of the alleged violation
to the person or persons responsible therefor as hereinafter provided.
The notice shall:
a.
Be put in writing;
b.
Include a statement of the reasons why it is being issued;
c.
Allow a reasonable time for the performance of any act it requires;
and
d.
Be served upon the owner or his agent, or the occupant, as the case
may require, provided that notice shall be deemed to be properly served
upon such owner or agent, or upon such occupant, if a copy thereof
is served upon him personally; or if a copy thereof is sent by certified
mail to his last known address; or if a copy thereof is posted in
a conspicuous place in or about the dwelling affected by the notice;
or if he is served with such notice by any other method authorized
or required under the laws of this State. The notice may contain an
outline of remedial action, which, if taken, will effect compliance
with the provisions of this Chapter and with rules and regulations
adopted pursuant thereto.
[Ord. #O-06-5, S 1]
Complaints or orders issued by the Code Enforcement Officer,
Housing Inspector, Fire Official and Health Officer pursuant to this
Chapter shall be served upon persons either personally or by certified
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the Health Officer in the exercise of reasonable
diligence, and the Health Officer shall make an affidavit to that
effect, then the serving of the complaint or order upon such persons
may be made by publishing the same once each week for two successive
weeks in a newspaper having circulation in the Borough. A copy of
such complaint or order shall be posted in a conspicuous place on
the premises affected by the complaint or order, and a copy of such
complaint or order shall be duly recorded or lodged for record with
the Monmouth County Recording Officer.
[Ord. #O-06-5, S 1]
The Code Enforcement Officer, Housing Inspector, Fire Official
and the Health Director are hereby authorized and empowered to exercise
such powers as may be necessary or convenient to carry out and effectuate
the purposes and provisions of this Chapter, including the following,
in addition to others herein granted:
a.
To investigate the dwelling conditions in the Borough in order to
determine which dwellings therein are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examination, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession.
d.
To appoint and fix the duties of such officers, agents and employees,
as he deems necessary to carry out the purpose of this Chapter.
e.
To delegate any of his functions and powers under this chapter to
such officers and agents as he may designate.
[Ord. #O-06-5, S 1]
No person shall occupy as owner or occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the BOCA National
Property Maintenance Code, 1996 Edition established hereby as the
standard to be used in determining whether a dwelling is safe, sanitary
and fit for human habitation.
[Ord. #O-06-5, S 1]
Whenever a condition is found by officials of the Borough of
West Long Branch empowered to enforce this Chapter to exist in an
occupied dwelling that adversely affects and/or threatens the life,
safety and/or health of the inhabitants, and following reasonable
effort to contact the owner and/or other responsible party at the
address and/or phone number listed and posted at the property for
emergency response and/or on the most recent application for Certificate
of Occupancy, the officials of the Borough of West Long Branch may
contract with approved vendors to perform emergency repairs to mitigate
the condition. Such conditions might include, but not necessarily
be limited to: inadequate heat, failure of the water supply system,
inoperative waste water disposal system, failure of the fire alarm
system, failure of the fire suppression system, failure of the means
of emergency egress, failure of the electrical supply systems, failure
of the exterior building finish to protect from the elements, presence
of vermin or presence of wild animals. Reasonable effort to contact
the owner shall be determined by the officials at the scene using
their judgment as guided by their experience in light of the nature
of the event.
a.
Approved Vendors.
1.
Approved vendors shall consist of individuals and/or business entities
that have been approved annually by the Borough of West Long Branch
Finance Department to provide such services. The lot of approved vendors
shall include, but not necessarily be limited to:
2.
The list shall be generated in a manner that is consistent with routine
municipal bid practices and provides the Borough of West Long Branch
with assurance of availability and responsible performance in areas
of expertise. The list, whenever updated, shall be provided to all
Borough officials powered to enforce this Chapter.
b.
Any expense incurred by the Borough of West Long Branch in investigating
any condition as noted above shall be cause for action in Municipal
Court to gain restitution. Restitution shall consist of payment for
repairs and/or services noted above and payment for any overtime after-hours
wages paid Borough officials in the investigation of such conditions
or monitoring such repairs, as well as an administrative penalty equal
to the above for the inconvenience caused to the occupants and the
Borough officials due to the absence and/or lack of availability of
the owner or other responsible party. The aforementioned penalties
are to be considered in addition to any other penalty provided in
this Chapter for violations of the Code.
c.
It is the intention of this section to encourage property owners
to at all times be responsible for the maintenance of their properties,
to have property owners establish and maintain systems for notification
in times of emergency occurrences and, finally, to provide the Borough
of West Long Branch with a method to make necessary emergency repairs
to protect health, life and safety in a manner that limits the use
of relocation efforts and assures the Borough of restitution for any
efforts put forth by the Borough on behalf of absent property owners.
[Ord. #O-06-5, S 1; Ord. #0-11-12, S 3]
Unless a different penalty is mandated by State law or regulations
duly adopted thereunder, any violation of this Chapter shall result
in penalties as follows:
a.
Any person, firm or corporation found guilty in the Municipal Court of the Borough of West Long Branch of a violation of the terms of this Chapter shall be punishable as provided in Section 1-5.
b.
Except as otherwise provided, each and every day in which a violation
of any provision of this Chapter exists shall constitute a separate
violation. In addition, each violation of this Chapter shall be considered
a separate offense upon each and every day in which a violation exists.
[Ord. #O-06-5, S 1]
a.
Pursuant to N.J.S.A. 40:18-2 et seq., any costs incurred by the Borough
or any department or subagency thereof in the abatement of violations
of this Chapter of the Code of the Borough of West Long Branch or
in the maintenance of properties pursuant to such ordinances, including
but not limited to property maintenance, property cleaning, yard upkeep,
beautification, improvements to property and any other expenses incurred
in maintaining structural integrity or safety, abatement of a public
hazard or nuisance or the improvement of the general appearance of
any such property shall become a lien on that property as of the time
that such cost is incurred. Such lien shall include any costs incurred
directly by the Borough or its subagencies or through any contractor
or subcontractor or independent private entity, which the Borough
may employ to take such action on its behalf.
b.
Such liens shall become a first lien on the land and paramount to
all prior and subsequent alienation and descents of such lands or
encumbrances thereon except subsequent municipal liens pursuant to
N.J.S.A. 54:5-9 and other applicable law.
c.
Any such lien created specifically from or last associated with removing
brush, weeds, debris, etc., shall be a lien on such land and shall
be added to and form a part of the taxes next to be assessed and levied
upon such lands pursuant to N.J.S.A. 40:48-2.14.
