[Ord. #83-20, § 1]
There is hereby established a Trust Fund to be known as "The Terminal Leave Trust Fund" (hereinafter referred to as "The Fund") pursuant to the rules and regulations established by the New Jersey Department of Community Affairs.
[Ord. #83-20, § 2]
The Director of the Division of Finance shall maintain and bear responsibility for The Fund in the same manner and the same extent as other public funds under his care. All interest earned on The Fund shall accrue to The Fund's principal.
[Ord. #83-20, § 3]
The Director of the Division of Finance shall annually estimate the probable maximum exposure of The Fund during the coming fiscal year. He shall make this estimate on factors including current salary levels, expressed intentions of employees to retire, past retirement, experience and current Fund level.
[Ord. #83-20, § 4]
The Mayor may include as part of the recommended annual operating budget for the coming fiscal year, the amount over and above the current balance in The Fund needed to cover the Director's estimate as to The Fund exposure for the coming fiscal year.
[Ord. #83-20, § 5]
All employees retiring from employment within the City of Ocean City will be eligible for payment from The Fund pursuant to current City policy on Terminal Leave Benefits.
[Ord. #83-20, § 6]
The portion of terminal leave to be compensated and the maximum dollar amount thereof shall be computed in accordance with City policy at the date of termination or retirement.
[Ord. #83-20 § 7]
All valid claims shall be calculated as of the employee's actual date of termination. The City reserves the right to pay the unused and accrued terminal leave at its sole discretion.
[Ord. #83-20, § 8]
In the event that the amount of any valid claim for terminal leave benefits would exceed the cash balance in The Fund at any given time, payment may be made from the current Fund or the operating budget at its sole discretion.
[Ord. #96-15, § 1]
The purpose of this section is to require insurance companies prior to the payment of any claims for fire damages in excess of two thousand five hundred ($2,500.00) dollars to pay to the City of Ocean City the amount of any taxes certified as lien due on an official tax search certificate.
[Ord. #96-15, § 1]
No insurance company issuing a fire insurance policy on any real property located within the City of Ocean City shall pay any claim against said policy in excess of two thousand five hundred ($2,500.00) dollars unless and until the insured person submits an official certificate of search for municipal liens pursuant to N.J.S.A. 54:5-12, certifying that all taxes, assessments or other municipal liens or charges levied, assessed, due and payable against said property have been paid or the municipality submits a certified copy of a resolution adopted pursuant to the provisions of subsection 3-2.4 below.
[Ord. #96-15, § 1]
Unless a resolution adopted in accordance with subsection 3-2.4 below is received by an insurance company writing fire insurance policies in the City of Ocean City, such insurance company is hereby authorized and required, prior to the payment of any claims for fire damages in excess of two thousand five hundred ($2,500.00) dollars to pay to the City of Ocean City the amount of the liens appearing on the official certificate or other recorded liens or related charges as may be related to the insurance company; provided however, that if any appeal is taken on the amount of any lien or charge other than an appeal on the assessed valuation of real property pursuant to N.J.S.A. 54:3-21, the insurance company shall withhold seventy-five (75%) percent of the full amount of the lien or charge being contested pending termination of all proceedings, at which time such moneys and all interest accruing thereon at a rate paid on interest-bearing accounts in banking institutions or savings and loan associations in this State shall be disbursed in accordance with the final judgment or order of the Court.
[Ord. #96-15, § 1]
The City of Ocean City may enter into an agreement by formal resolution of the governing body with the owner of any fire-damaged property to pay in full all delinquent taxes, assessments or other municipal liens by installments, pursuant to N.J.S.A. 54:5-19, or for the redemption of the tax sale lien by installment payments pursuant to Article 7 of Chapter 5 Title 54 of the New Jersey statutes, if the City Council, in its sole discretion, is satisfied that the claim for fire damages is to be used to restore or improve the fire-damaged property. An insurance company receiving a certified copy of the resolution of agreement between the City of Ocean City and the owner or insured of fire-damaged property is authorized to make full payment of claim to the insured person.
[Ord. #96-15, § 1]
Nothing in this chapter shall be construed to:
a. 
Obligate the insurance company for any amount in excess of the value of the fire insurance policy on the property or the amount of the liability of the insurance company thereunder.
b. 
Obligate the insurance company for any liens not appearing on the official certificate or any certified changes submitted by the bonded official.
c. 
Affect the authority of the City of Ocean City to enforce a municipal lien under any of the laws of this State.
[Ord. #96-15, § 1]
All ordinances or portions thereof inconsistent with this section are repealed to the extent of such inconsistency.
[Ord. #96-15, § 1]
If any portion of this section is declared to be invalid by a court of competent jurisdiction, it shall not affect the remaining portions of the section which shall remain in full force and effect.
[Added 5-8-2025 by Ord. No. 25-04]
Pursuant to the provisions of N.J.S.A. 40A:10-6, et seq., there is hereby established a self-insurance fund of the City for the following purposes:
a. 
To insure against any loss or damage, however caused, to any property, motor vehicles, equipment, or apparatus owned by the City, or owned by or under the control of any of its departments, boards, agencies or commissions and,
b. 
To insure against liability resulting from the use or operation of motor vehicles, equipment or apparatus owned by or controlled by the City or owned by or under the control of any of its departments, boards, agencies or commissions.
[Added 5-8-2025 by Ord. No. 25-04]
The City Council shall annually appropriate the funds necessary for the purposes of the insurance fund.
[Added 5-8-2025 by Ord. No. 25-04]
The minimum amount to be held in said fund for the remainder of the 2025 budget year shall be such funds as the Chief Financial Officer certifies are available.
[Added 5-8-2025 by Ord. No. 25-04]
a. 
Establishment Members. There is hereby established an Insurance Fund Commission consisting of three members, who shall be the Business Administrator, the CFO, and the Human Resources Director. The Commissioners shall serve without salary. The city's insurance broker shall serve in an advisory capacity.
b. 
Terms. The Commissioners shall serve for a period of two years or for the remainder of their terms of office as officials, whichever is less, and until their successors shall have been appointed and qualified.
[Added 5-8-2025 by Ord. No. 25-04]
Vacancies caused by any reason other than expiration of term as an official shall be filled for the unexpired term through appointment by the mayor.
[Added 5-8-2025 by Ord. No. 25-04]
a. 
Organization. The Commissioners shall, forthwith after their appointment, organize for the ensuing year by election from their membership of a Chairman, who shall serve for the year.
b. 
Commission Secretary. There is hereby established the position of Secretary to the Board of Insurance Commissioners, who shall be appointed by the Commissioners and shall serve at the pleasure of the Commission. The Secretary shall have the obligation to take and maintain accurate minutes of Commission meetings and assist the Human Resources Director to maintain accurate records of each and every claim filed against the City, whether a general liability claim or a workers' compensation claim. Vacancies in the position of Secretary shall be filled in the manner of the original appointments.
c. 
Commissioners:
1. 
Shall prepare or cause to be prepared the proposed budget for the subsequent fiscal year. The budget shall identify the proposed items and amounts of expenditure and the status of the self-insurance or loss retention trust accounts maintained by the Fund. The budget shall be prepared on a basis that does not recognize investment income or discounting of claim reserves but recognizes all anticipated or forecasted losses and administrative expenses associated with that fiscal year (N.J.A.C. 11:15-2.4).
2. 
Invest the fund and all additions and accretions thereto in such securities as they shall deem best suited for the purposes of this ordinance.
3. 
Adopt rules and regulations for the control and investment of the fund.
4. 
Keep on hand at all times sufficient money, or have the same invested in such securities as can be immediately sold for cash, for the payment of losses to any buildings or property of the city or liability resulting from the operation of publicly owned motor vehicles, equipment or apparatus.
5. 
Delegate settlement authority up to $5,000 to the Risk Manager of the City of Ocean City as may be recommended by the designated third-party administrator for the City's self-insurance program.
6. 
Delegate settlement authority between $5,001 and $15,000 to the Chairman of the Commission and CFO.
7. 
Approve settlements of claims against the City from $15,001 up to and including the sum of $25,000.
8. 
Recommend to the City Council for its approval all claims in excess of $25,000 to $50,000.
9. 
Place insurance upon property owned or controlled by the City or any of its departments, boards, agencies, or commissioners.
[Added 5-8-2025 by Ord. No. 25-04]
a. 
All persons making claims against the City of Ocean City pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:8-1 et seq., shall be required to complete the form herein adopted as a condition of compliance with the notice requirements of the New Jersey Tort Claims Act.
b. 
The City may, after initial submission of form by claimant, require such other additional and supplemental information and documents as it deems necessary to evaluate the claim, and claimant shall supply such requested documents and information within 30 days of the request.
[Added 7-17-2025 by Ord. No. 25-08]
It is the purpose of this section to implement the provisions of P.L. 2019, c. 235, which authorizes the governing body of a Class 4 municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed 3% on charges of rent for every occupancy of a room or rooms in a transient accommodation obtained through the transient space marketplace subject to taxation pursuant to Subsection (e) of N.J.S.A. 54:32B-24.1, which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a transient accommodation. The definitions in N.J.S.A. 54:32B-2 are incorporated herein by reference.
[Added 7-17-2025 by Ord. No. 25-08]
There is hereby established an occupancy tax known as a Transient Accommodations Fee in the City of Ocean City which shall be fixed at a uniform percentage rate of 3% on charges of rent for every occupancy of a transient accommodation obtained through the transient space marketplace in the City of Ocean City that is subject to taxation pursuant to Subsection (e) of Section 3 of P.L. 2019, c. 235, N.J.S.A. 54:32B-24.1 (Retail sales tax in fourth class cities; collection and administration by director.).
[Added 7-17-2025 by Ord. No. 25-08]
The Transient Accommodations Fee shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a transient accommodation obtained through the transient space marketplace.
[Added 7-17-2025 by Ord. No. 25-08]
The Transient Accommodations Fee authorized herein shall not be imposed on the rent for an occupancy if the purchaser, user, or consumer is an entity exempt from the Transient Accommodations Fee imposed on an occupancy under the Sales and Use Tax Act pursuant to Subsection (a) of Section 9 of P.L. 1966, c. 30 (N.J.S.A. 54:32B-9). Furthermore, a "transient accommodation" subject to this Transient Accommodations Fee include those entities defined as "transient accommodations" in N.J.S.A. 40:48E-2 and shall not include those entities excluded from that definition.
[Added 7-17-2025 by Ord. No. 25-08]
In accordance with the requirements of P.L. 2003, c. 114:
a. 
All Transient Accommodations Fees imposed by this article shall be paid by the purchaser.
b. 
A vendor shall not assume or absorb any tax imposed by this article.
c. 
A vendor shall not in any manner advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the Transient Accommodations Fee will be assumed or absorbed by the vendor, that the Transient Accommodations Fee will not be separately charged and stated to the customer, or that the Transient Accommodations Fee will be refunded to the customer.
d. 
Each assumption or absorption by a vendor of the tax shall be deemed a separate offense, and each representation or advertisement by a vendor for each day that the representation or advertisement continues shall be deemed a separate offense.
e. 
The penalty for violation of the foregoing provisions shall be as set forth in Chapter 1, Article III, Penalty, for each offense.
[Added 7-17-2025 by Ord. No. 25-08]
The Transient Accommodations Fee imposed by this article shall be collected on behalf of the City by the person collecting the rent from the transient accommodation customer. Each person required to collect the Transient Accommodations Fee herein imposed shall be personally liable for the Transient Accommodations Fee imposed, collected or required to be collected hereunder. Any such person shall have the same right in respect to collecting the Transient Accommodations Fee from a customer as if the Transient Accommodations Fee were a part of the rent and payable at the same time; provided that the Chief Financial Officer of the City shall be joined as a party in any action or proceeding brought to collect the Transient Accommodations Fee.
[Added 7-17-2025 by Ord. No. 25-08]
All other ordinances in conflict or inconsistent with this Ordinance are hereby repealed, to the extent of such conflict or inconsistency.
[Added 7-17-2025 by Ord. No. 25-08]
Should any section, paragraph, sentence, clause, or phase of this Ordinance be declared unconstitutional or invalid for any reason, the remaining portions of this Ordinance shall not be affected thereby and shall remain in full force and effect, and to this end the provisions of this Ordinance are hereby declared to be severable.
[Added 7-17-2025 by Ord. No. 25-08]
A copy of this Ordinance shall be transmitted upon adoption or amendment to the New Jersey Division of Taxation, Audit Selection & Technical Support, P.O. Box 264, Trenton, NJ 08695-0264. The tax provisions of this Ordinance will be effective on the first day of the first full month following 90 days after the Division has received the adopted ordinance.