[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-06-5, 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:
ABANDONED VEHICLE
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.
BLIGHTING
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.
CODE
Shall mean the Revised Municipal Ordinances of the Borough
of West Long Branch and those documents, statutes, regulations and
rules adopted by reference therein.
COMMERCIAL PREMISES
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.
DETERIORATION
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.
DWELLING UNIT
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.
EXPOSED TO PUBLIC VIEW
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.
GARBAGE
Shall mean putrescible animal and vegetable waste resulting
from the handling, preparation, cooking and/or consumption of food.
(See also "refuse" and "rubbish.")
HABITABLE ROOMS
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.
HARBORAGE
Shall mean any condition, manmade or natural, which may afford
a breeding place or hiding place for rodents, insects or other pests.
INFESTATION
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.
MULTIPLE DWELLING
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.
OCCUPANT
Shall mean any person having actual possession of the premises
or any part thereof.
OPERATOR
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.
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.
PARTIES IN INTEREST
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.
PERSON
Shall mean and includes all manner of corporations and commercial
entities as well as individuals.
PEST CONTROL
Shall mean the control and elimination of insects, rodents,
vermin, vegetation and fungus.
PREMISES
Shall mean a lot, plot or parcel of land, including the buildings
or structures thereof.
PUBLIC AUTHORITY/ENFORCEMENT OFFICER
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.
PUBLIC OFFICER
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.
REFUSE
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.")
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.")
SHOPPING CENTER
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]
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]
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]
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.
e. Certain costs, including attorneys' fees, may be charged to the owner, including the record owner, as well as any other person prosecuted under this section. Such costs, fees or penalties may be charged to the property and constitute a lien as provided in Section
20-21.
f. The notice provided to institute the appropriate action in a court of competent jurisdiction shall be via the same means as required by Section
20-14.
[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]
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 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:
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:
(e)
Exterminator/live animal remover.
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.
1. Violations of Grass Height Regulation. The permissible fines for violating the grass height ordinance shall be $50 for the first offense, $100 for the second offense, and between $100 and the maximum fine permitted by Section
1-5 for any third or subsequent offense.
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.