[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."
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20, Nonresidential Property Maintenance, previously codified herein and containing portions of Ordinance No. 413, was repealed in its entirety by Ordinance No. O-06-5.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]
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; amended 6-5-2024 by Ord. No. O-24-19; 9-17-2025 by Ord. No. O-25-17]
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, trampolines or swing sets in front yards, 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 the International Property Maintenance Code 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.
j.
No artificial lighting shall be installed, maintained, operated or directed off the property.
[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; amended 9-17-2025 by Ord. No. O-25-17]
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. Pools built prior to January 1, 2024, shall be allowed to discharge pool water upon the street. No discharge when temperature is below 40°.
[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; amended 9-17-2025 by Ord. No. O-25-17]
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 | $150 | $200 |
2,501 to 5,000 square feet | $200 | $300 |
Over 5,000 square feet | $400 | $450 |
3.
Clearing and/or removal of debris at an hourly rate of $80.
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.
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; amended 6-5-2024 by Ord. No. O-24-19]
a.
In accordance with the provisions of N.J.S.A. 40:49-5.1, the International Property Maintenance Code, most recent edition, 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; amended 6-5-2024 by Ord. No. O-24-19]
A copy of the International Property Maintenance Code 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; amended 6-5-2024 by Ord. No. O-24-19]
[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; amended 6-5-2024 by Ord. No. O-24-19]
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 International Property Maintenance Code, 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; amended 6-5-2024 by Ord. No. O-24-19]
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 International Property Maintenance Code 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; amended 6-19-2024 by Ord. No. O-24-23; 9-17-2025 by Ord. No. O-25-17; 12-17-2025 by Ord. No. O-25-21]
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 fines for violating the grass height ordinance shall be $100 for the first offense and $250 for the second and subsequent offenses in a three-year period.
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.