Borough of Spring Lake Heights, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. #3-1977, § 1; Ord. No. 2018-09]
a. 
There is hereby established in the Borough of Spring Lake Heights a State Uniform Construction Code Enforcing Agency to be known as the Borough of Spring Lake Heights Uniform Construction Code Enforcing Agency, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the Chief Administrator of the Enforcing Agency. The Mayor and Council of the Borough shall have the power to provide by resolution for the appointment of and to delineate the functions, powers, duties, and responsibilities of all enforcing agency officials that are necessary and proper for the operation of the Uniform Construction Code Enforcing Agency.
b. 
Each official position created in paragraph a. shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217 as amended and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an approved on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold each such position.
c. 
The Public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
d. 
The Governing Body, as authorized by law, may contract with another municipality or multiple municipalities and designate a host community for a regional construction office to serve in lieu of a designated Spring Lake Heights Construction Office.
[Ord. #3-1977, § 2; New; Ord. #6-1988; Ord #10-1991, § 1; Ord. #07-1993; Ord. #4-1995; Ord. #5-1999, § 1; Ord. #2-2001; Ord. #13-2006, § 1; Ord. #1-2007; Ord. No. 27-2010; Ord. No. 04-2012]
a. 
General. The fees and costs for all permits including but not limited to construction permits, sub-code permits and such other permits as may be required shall be those fees established by resolution of any designated host community in a regional construction office to which the Borough of Spring Lake Heights is a party. The Governing Body shall also adopt such resolution setting fees under this Chapter as required by the participatory municipalities in the regional construction office.
In the event that the Borough of Spring Lake Heights is not a member of a regional construction office the fees shall be as follows:
The fee for a construction permit shall be the sum of the subcode fees listed in paragraphs a,2(a) through a,2(d)(7) hereof and shall be paid before the permit is issued. In all cases, all fees shall be rounded to the next dollar.
1. 
Plan Review Fee: The fee for plan review shall be 20% of the amount to be charged for a construction permit. The minimum fee shall be $50.
2. 
Basic Construction Fee: The basic construction fee shall be the sum of the parts computed on the basis of the volume or the cost of construction, the number of plumbing fixtures and pieces of equipment, the number of electric fixtures and devices and the number of sprinklers, standpipes and detectors (smoke and heat) at the unit rates provided herein plus any special fees. The minimum fee for a basic construction permit covering any or all of building, plumbing, electric or fire protection work shall be $60, except as herein noted.
(a) 
Building volume or cost: The fees for new construction or alteration are as follows:
(1) 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction cost shall be in the amount of $0.027 per cubic foot of volume for buildings and structures of all use groups and types of construction. The minimum fee shall be $150.
(2) 
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amount of $24 per $1,000 or fraction thereof up to a limit of $50,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $18 per $1,000 of the estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $15 per $1,000 of estimated cost above $100,000.
(3) 
Fees for additions shall be computed on the same basis for new construction for the added portion. The minimum fee shall be $100.
(4) 
Fees for combination renovation and additions shall be computed separately in accordance with items in paragraphs a,2(a)(2) and (3) above. The minimum fee shall be $100.
(5) 
The fee for each fireplace shall be $60.
(b) 
Plumbing fixtures and equipment: The fee shall be as follows:
(1) 
The fee shall be $20 per fixture connected to the plumbing system for all fixtures and appliances except as listed below.
(2) 
The fee shall be $65 per special device for the following: grease traps, oil separators, air conditioning units, commercial refrigeration units, water and sewer utility connections, backflow preventers, gas service entrances, active solar systems, sewer pumps, interceptors and fuel oil piping.
(3) 
The fee shall be $65 for the installation of the backflow preventer for lawn sprinklers.
(4) 
The fee shall be $65 for the installation of a boiler (hot water or steam).
(5) 
The fee shall be $65 for installation of gas piping.
(c) 
Electric fixtures and devices: The fees shall be as follows:
(1) 
The fees for outlets (including lighting, wall switches, fluorescent fixtures, convenience receptacles or similar fixtures, and motors or devices of less than one horsepower or one kilowatt) shall be as follows:
Outlets (1 to 25)
$40
(26 to 50)
$40
Each additional 25
$15
(2) 
The fees for service panels shall be as follows:
0-200 amps
$50
201-1,000 amps
$100
1,001 and up
$500
(3) 
The fees for transformers or generators shall be as follows:
1 kW to 10 kW
$10
11 kW to 45 kW
$50
46 kW to 112.5 kW
$100
More than 112.5 kW
$500
(4) 
The fees for motors, except for those in plug-in appliances, shall be counted, including control equipment, generators, transformers and all heating, cooking or other devices consuming electric current shall be as follows:
1 HP to 10 HP
$10
11 HP to 50 HP
$50
51 HP to 100 HP
$100
More than 100 HP
$500
(5) 
The fees for air conditioner feeders and disconnects shall be $35.
(6) 
The fees for pools shall be as follows:
Inground
$150
Aboveground
$100
(7) 
The fee for the annual electric inspection of all public swimming pools shall be $50 for the first pool and $10 for each additional pool, spa or hot tub.
(8) 
The fee for each of the following items shall be $20:
Electric heater
Heat pump
Electric dryer
Hot tubs/Jacuzzi
Range
Oven
Surface units
Gas/oil heaters
Hot water heater
Dishwasher
Commercial exhaust fans
(d) 
Fire protection and other hazardous equipment: sprinklers, standpipes, detectors (smoke and heat), pre-engineered suppression systems, gas and oil fired appliances, commercial kitchen exhaust systems, fireplaces and flues:
(1) 
The fee for sprinkler heads or detectors shall be as follows:
1 to 10 devices
$60
11 to 20 devices
$100
21 to 100 devices
$125
101 to 200 devices
$250
Over 200 devices
$750
In computing fees for heads and detectors, the number of each shall be counted separately and two fees, one for heads and one for detectors shall be charged.
(2) 
The fee for each standpipe shall be $250.
(3) 
The fee for each independent preengineered system shall be $125.
(4) 
The fee for each heating system (gas or oil), which may be or may not be connected to the plumbing system shall be $60.
(5) 
The fee for each commercial kitchen exhaust system shall be $100.
(6) 
The fee shall be $60 for the installation of fuel tanks up to 600 gallons.
(7) 
The fee shall be $125 for the installation of fuel tanks over 600 gallons.
b. 
Elevators. The fee for a permit to install an elevator shall be $40 per unit, plus the costs charged by the Elevator Safety Unit of the State of New Jersey.
c. 
Certificates and Other Permits. The fees are as follows:
1. 
The fee for a demolition permit of a one- or two-family dwelling shall be $75; for the demolition of a garage or shed, the fee shall be $40; for the demolition of all other structures, the fee shall be $125.
2. 
The fee for the removal of a fuel storage tank (inground or aboveground) shall be $75.
3. 
The fee for a permit to move a building or structure from one lot to another or to a new location on the same lot shall be $60 plus the cost of the new foundation and alterations to the building or structure for the placement in a completed condition shall be computed as required for renovations, alterations and repairs in paragraphs a,2(a) through a,2(d)7.
4. 
The fee for a permit to install a swimming pool shall be as follows:
Aboveground pool
$100
Inground pool
$150
5. 
The fee to construct or install a sign greater than 25 square feet in surface area (one side) and over six feet in mounted height shall be $60.
6. 
The fee to erect a fence over six feet in height or surrounding a swimming pool shall be $60.
7. 
The fee for an asbestos removal permit shall be $85; and the fee for a certificate of occupancy after asbestos removal shall be $20.
8. 
The fee for a Certificate of Occupancy for new construction shall be $65 per unit.
9. 
The fee for a Certificate of Occupancy granted pursuant to a change of use group shall be $65.
10. 
The fee for a Continued Certificate of Occupancy shall be $65.
11. 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be $65. The fee for a resubmission of an application for a variation shall be $35.
d. 
Periodic Inspections. Fees for the periodic reinspection of equipment and facilities granted a certificate of approval for a specified duration in accordance with N.J.A.C. 5:23-2.23 shall be as follows:
1. 
For cross connections and backflow preventors that are subject to testing requiring reinspection every 12 months, the fee shall be $50 for each device plus costs charged by an on-site inspection agency.
e. 
Lapsed Permits. The fee to reinstate a lapsed construction permit shall be 10% of the cost of the original permit, but in no case less than $55.
f. 
Surcharge Fee. In order to provide training, certification and technical support programs required by the Uniform Construction Code Act and the Regulations, the Enforcing Agency shall collect in addition to the fees, a surcharge of $0.00265 per cubic foot of volume of new buildings and additions. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction shall be $1.35 per $1,000 of value of construction. Said surcharge shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs on a quarterly basis for the fiscal quarters ending March 31, June 30, September 30, and December 31, and not later than one month next succeeding the end of the quarter for which it is due.
g. 
Annual Report Recommending a Fee Schedule. The Construction Official shall, with the advice of the Subcode Officials, prepare and submit to the Mayor and Council, biannually, a report recommending a fee schedule based on the operating expenses of the agency and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
h. 
Waiver of Demolition Permit Fee. The owner(s) of any residential or commercial structure, scheduled for demolition and in need of a demolition permit, as per the requirements of the Uniform Construction Code, may apply for a waiver of the permit fee, if said owner(s) agree to permit any of the Borough's emergency and public safety services (Police, Fire and First Aid) to utilize the structure to be demolished for any training purpose germane to the provision of public safety related services.
[Ord. #3-1977, § 3]
This subsection is reserved for the establishment of fire limits pursuant to N.J.A.C. 5:23 which shall be implemented on or before July 1, 1977 or on such date as the Borough meets the criteria set forth in the New Jersey Uniform Construction Code and/or the "Regulation for the New Jersey Uniform Construction Code" as amended and supplemented.
The Construction Official shall prepare and submit to the Mayor and Council of the Borough bi-annually a report reevaluating the delineation of the fire limits. This report shall indicate the recommendations of the Construction Official, the Building Subcode Official, and the Fire Subcode Official regarding those areas which should be designated as within fire limits with the reasons therefor.
[Ord. #6-1988, §§ 1 — 3; Ord. No. 2018-09]
a. 
Establishment of Position. There is hereby created the position of Fire Protection Subcode Official for the Borough of Spring Lake Heights.
b. 
Duties. The Fire Protection Subcode Official shall work under the direction of the Construction Official and he shall have administrative responsibility for administering the Fire Protection Subcode of the State Uniform Construction Code within the Borough of Spring Lake Heights. He shall inspect and/or supervise the inspection of fire protection work in construction projects under way to insure that compliance with plans and specifications approved in accordance with the State Uniform Construction Code is achieved.
c. 
Compensation. The salary for said position shall be as set forth in the annual salary ordinance of the Borough of Spring Lake Heights.
[Ord. #3-1968; Ord. #6-1984, § 1]
The Public Officer of the Borough of Spring Lake Heights, and in his absence or incapacity, the Construction Official of the Borough shall be and is hereby designated as the officer to exercise the powers prescribed by this section, and the duties shall be performed without any additional salary. The Public Officer with the aid of the Construction Official, is 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 section, including the following in addition to others herein granted:
a. 
To investigate the dwelling conditions in the Borough in order to determine which dwellings 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 examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
The Public Officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section; provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in any way alter, amend or supersede any of the provisions thereof. The Public Officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the Borough Clerk.
Nothing in this subsection shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its ordinances and regulations, nor to prevent or punish violations thereof, and the powers conferred by this subsection shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
[Ord. #3-1968; Ord. #6-1984, § 2]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A. 40:49-5.1 et seq.) the "New Jersey State Housing Code (1980 Revision)," as approved by the Department of Community Affairs and filed in the Secretary of State's office is hereby accepted, adopted, and established as a standard to be used as a guide in determining the fitness of a building for human habitation or occupancy or use. A copy of the "New Jersey State Housing Code (1980 Revision)" is annexed to this chapter and three copies of the same have been placed on file in the office of the Borough Clerk and are available to all persons desiring to use and examine the same.
[Ord. #3-1968; Ord. #6-1984, § 3]
a. 
Authorization. The Public Officer is hereby authorized to make inspections to determine the conditions of buildings, dwellings, dwelling units, rooming units, and premises located within the Borough in order that he may perform his duty of safeguarding the health and safety of the occupants of buildings or dwellings and of the general public. For the purpose of making such inspections, the Public Officer is hereby authorized to enter, examine and survey at all reasonable times all buildings, dwellings, dwelling units and premises.
b. 
Duty of Owner or Occupant. The owner or occupant of every building, dwelling, dwelling unit, or the person in charge thereof, shall give the Public Officer, upon proper identification, free access to such building, dwelling, dwelling unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of such building and/or dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repair or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulations adopted or any lawful order issued pursuant to the provisions of this section.
c. 
Search Warrant. The Public Officer may, upon affidavit, apply to the Municipal Judge 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 section exists on the premises 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. #3-1968; Ord. #60-1984, § 3]
a. 
Housing Code Standard. No person shall occupy as owner occupant or rent to or sell to another for occupancy any building, dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the "New Jersey State Housing Code" established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation or occupancy or use.
b. 
Determination of Unfitness. For the purpose of this section the Public Officer may determine that a building or dwelling is unfit for human habitation or occupancy or use if he finds that conditions exist in such dwelling which are dangerous or injurious to the health or safety of the occupants of such dwelling, the occupants of neighboring dwellings or other residents of the Borough. Such conditions may include, without limiting the generality of the foregoing, defects therein increasing the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects or uncleanliness.
c. 
Petition to Determine Unfitness. Whenever a petition is filed with the Borough Clerk by a public authority as defined in N.J.S.A. 40:48-2.4 et seq., or by at least five residents of the Municipality charging that any building or dwelling is unfit for human habitation or occupancy or use, or whenever it appears to the Public Officer on his own motion that any building or dwelling is unfit for human habitation or occupancy or use, he shall respectively, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building or dwelling a complaint stating the charges in that respect and containing a notice as provided by this section.
d. 
Complaint of Violation. Whenever the Public Officer determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provisions of this section, he shall respectively issue and serve a complaint of such violation or alleged violations upon the owner and other parties in interest of the building or dwelling and dwelling unit involved. Such complaint shall be in writing and shall contain:
1. 
A designation of the property sufficient for identification.
2. 
A statement of the reason or reasons why it is being issued.
3. 
A provision allowing owners and parties in interest to file an answer to the complaint and appear in person, or otherwise, and give testimony at the time and place and day fixed in the complaint.
4. 
A date for hearing, not less than 10 days nor more than 30 days after the serving of the complaint before the Public Officer or his designated agent, as hearing officer.
e. 
Service of Complaint. Complaints made by the Public Officer pursuant to this section shall be served upon the Owner and parties in interest, or the operator or the occupant, or any persons, as the case may require, either personally or by leaving a copy thereof at his or their usual place of abode; or by registered or certified mail, return receipt requested, to his or their last known address; or by any other method authorized or required under the laws of this State.
If the whereabouts of such persons is unknown and the same cannot be ascertained by the Public Officer the serving of such complaint upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Monmouth and circulating in the Borough. A copy of such complaint shall be posted in a conspicuous place on the premises affected by the complaint and a copy of such complaint shall be posted in the office of the Borough Clerk.
f. 
Hearing. At any hearing held in accordance with this section, the owner, tenant or occupant or other parties in interest shall be given an opportunity, to be heard, to testify, and to show cause why such complaint should be modified or withdrawn. Hearings shall be held before the Public Officer, or his designee, and he shall have the power to administer oaths and affirmations in connection with the conductance of any such hearing, and the rules of evidence prevailing in the courts shall not be controlling in any such hearings.
g. 
Order. After hearing, the Public Officer shall make such order as is pertinent, depending upon his findings. A copy of the proceedings at such hearing, including the findings and decision of the Public Officer shall be filed in the office of the Borough Clerk.
h. 
Order Determining Unfitness. If after such complaint and hearing, the Public Officer determines that the building or dwelling under consideration is unfit for human habitation or occupancy or use, he shall state in writing his findings of fact and serve upon the owner thereof and parties in interest an order requiring the repair, alteration, improvement, vacation or demolition of the building or dwelling to be made within a reasonable time, which time shall be set forth in the order. Upon failure of the owner or parties in interest to comply with such order, the Public Officer may cause such building or dwelling to be repaired, altered or improved, or to be vacated and closed or demolished; and the Public Officer may cause to be posted on the entrance to the building or dwelling a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
i. 
Failure to Comply with Order. If the owner or parties in interest fail to comply with any order to remove or demolish the building or dwelling, the Public Officer may cause such building or dwelling to be removed or demolished or may contract for the removal or demolition thereof after advertisement of and receipt of bids therefor.
j. 
Cost a Lien Against Premises. The amount of the costs of filing legal papers, fees for expert witnesses, search fees and advertising charges incurred in the course of any proceeding taken under this subsection shall be determined in favor of the Borough.
The cost of such repairs, alterations or improvements, or vacating and closing or removal or demolition if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or dwelling or from any contract for removal or demolition thereof, shall be a Municipal lien against the real property upon which such cost was incurred. If the building or dwelling is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the costs of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building or dwelling. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner and other parties in interest by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the superior court by the Borough, shall be secured in such manner as may be directed by such court and shall be disbursed according to the order of judgment of the court to the person found to be entitled thereto by final order or judgment of such court; provided that nothing in this paragraph shall be construed to impair or limit in any way the power of the Borough to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the superior court to contest the reasonableness of the amount or the accuracy of the costs set forth in the Municipal lien certificate.
[Ord. #3-1968; Ord. #6-1984, § 3]
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 reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency.
Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Public Officer, shall be afforded a hearing as soon as possible. After such hearing, depending upon his findings, as to whether the provisions of this section have been complied with, the Public Officer shall continue such order in effect, or modify or revoke it.
[Ord. #3-1968; Ord. #6-1984, § 3]
Nothing in this section shall be construed to abrogate or impair the power of the Borough or any officer or department to enforce any provisions of its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this section shall be in addition and supplemental to the powers conferred upon the Borough by any other law or ordinance.
[Ord. #4-1972; Ord. #14-1977; Ord. #6-1984, §§ 4
5; Ord. #3-1999, § 1; Ord. #2-2001; Ord. #7-2005, § 1; Ord. #13-2005, § 2; Ord. No. 2018-09]
a. 
No person, persons, partnership, firm or corporation, or any agents, servants or representatives of any of the foregoing, shall occupy, rent, lease, sell, transfer title to, nor suffer the occupancy of, the letting of, the sale of, nor allow any person or person, partnership, firm or corporation to live in or upon or inhabit as a tenant or tenants or occupants, or to occupy as any new owner or co-tenant or co-owner, any dwelling house or houses, or dwelling unit or units, within the confines of the Borough of Spring Lake Heights unless and until any such aforesaid person, persons, partnership, firm or corporation, or any other aforesaid designated individual, shall have first obtained from the Public Officer of the Borough a Certificate of Occupancy and permit authorizing any of the foregoing, when any of the foregoing shall take place subsequent to the adoption of this subsection.
b. 
The provisions of paragraph a. above shall apply with equal force and effect to any and all new and additional lettings, tenants, transfers of title of premises or any part thereof, and occupancies of any dwelling house or houses or dwelling unit or dwelling units within the Borough upon the vacating of the same by any and each occupant hereafter, whether the occupant was a tenant, owner or co-owner, or occupant not covered by either of the foregoing, and upon the rerenting or reoccupancy by any of the foregoing, as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated.
c. 
A dwelling house, as used in this subsection, shall include but not be limited to any and all one-family dwellings or dwellings constructed for or occupied by more than one family, not excluding apartments in apartment houses and garden apartments and a dwelling unit as applicable to this subsection, and shall include but not be limited to any and all apartments and portions of apartments in dwelling houses, not excluding apartments in apartment houses and garden apartments. This subsection shall apply to each and every dwelling house as aforesaid and to each and every dwelling unit as aforesaid within the Borough, whether the same are, or are situate in, single dwelling structures, or multiple dwelling structure, but there shall be deemed excluded from this subsection any hotel room, motel room, boardinghouse room, and rooming house rentals on condition that the letting of such rooms to any individual or family unit is for a period that does not exceed 10 consecutive days and does not exceed a total of 14 days within any thirty-day period. A decision as to whether the foregoing exemption shall apply shall be within the sole discretion of the Public Officer. There shall not be deemed excluded from this subsection the sale or transfer of title of any apartment house, garden apartments, hotel or hotels, or motel or motels, or rooming houses, boardinghouses or motels, and nothing contained herein shall exempt any of the buildings, or parts of buildings, covered by this subsection from full and complete compliance with any other provisions of any other regulation of the Borough, as the same may be applicable.
d. 
Prior to the rental, transfer of title or occupancy of any dwelling house or houses or any dwelling unit or units provided for in this subsection, application for a Certificate of Occupancy shall be made in writing to the Public Officer of the Borough by that person, persons, firm or corporation, agent, servant or representative as set forth in paragraph a., and consent shall be given therewith unto the Public Officer to enter upon and examine the dwelling house or houses and dwelling unit or units and the building or buildings wherein the same may be situate, for which the application is applied for, so that the Public Officer may determine whether or not the dwelling house or houses, the dwelling unit or units and the building wherein the same may be situate fully comply with all Municipal ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No Certificate of Occupancy shall be issued unless there is full and complete compliance with all of the foregoing.
e. 
All applications for such Certificates of Occupancy, as aforesaid, shall be made in writing and shall state the name and address of the owner of the dwelling house or houses, the dwelling unit or units and the building or structure wherein the same may be situate, and the name and address of the owner-occupant or tenant-occupant or any other occupant of the same, and also the name and address of the new proposed owner-occupant or any other proposed occupant, and shall further state the name and address of the renting agent, if any, and shall describe the premises to be occupied, including the street address thereof and a designation of the portion or portions of the premises or structures for which the specific application is being made, and shall set forth the number of persons who shall occupy any and all portions of the premises, including the specific portion for which the application is being made, and the specific room or rooms in the premises to be occupied for sleeping purposes and the number of persons to occupy each sleeping room.
f. 
Any person or persons, partnership, firm or corporation, including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner fail to fully comply with the terms and covenants of this subsection and who are a part of any transaction resulting in the violation of any of the terms and provisions of this subsection, shall be deemed to have violated the terms and provisions of this subsection and be subject to the penalties provided for herein, unless and until a Certificate of Occupancy as aforesaid shall have been issued.
g. 
All violations of this subsection by any person or persons, partnership, firm or corporation or any agents or servants or representatives as provided in this subsection, whether the person is the owner of the premises, the agent of any party as aforesaid or the tenant or the occupant or occupants, shall be deemed separate and distinct violations for each and every day that the violation may continue, and all parties violating this subsection as aforesaid shall be deemed jointly and severally liable for any and all such violations.
h. 
A Certificate of Occupancy to be issued under the terms of this subsection shall be issued by the Public Officer. The fees for the issuance of a Certificate of Occupancy, which fees shall be paid together with the application shall be as follows:
Yearly, winter and summer rentals
$100 per dwelling unit
Title transfers (sales)
$100
Sales of multi-family dwellings or apartments
$15 per dwelling unit and $100 per building unit
Rooming houses
$10 per sleeping room and $100 per building
Additional fee required from applicants seeking a Certificate of Occupancy with no more than 6 days but less than 10 calendar days prior to occupancy
$50 additional
Additional fee required from applicants seeking a Certificate of Occupancy with 5 calendar days or less prior to occupancy
$100 additional
Reinspection fee if a reinspection is required before issuance of a Certificate of Occupancy.
$25
i. 
All buildings or structures or dwelling houses or dwelling units for which an application shall have been filed by virtue of this subsection shall fully comply with all other Municipal ordinances or requisite Municipal requirements for the structures or units; and, in addition thereto but not in limitation thereof, any and all structures, dwelling houses or dwelling units for which application for a Certificate of Occupancy shall be made by virtue of this subsection shall be deemed a violation of this subsection for which a Certificate of Occupancy shall not issue in the event that any such structure, dwelling house or dwelling unit, in the opinion of the Public Officer, is in need of proper repairs for habitation or is in dilapidated condition which might constitute a health or fire hazard or if the same has a lack of proper and adequate sewerage facilities, plumbing facilities or proper water or toilet facilities, or has inadequate electrical wiring or facilities, or is unfit for human habitation or proper and healthful use and occupancy, or may be overcrowded by virtue of the number of proposed occupants which might constitute a health or fire hazard or which by virtue of any combination of any of the foregoing or any matters not specifically enumerated may be deemed hazardous as to the health and welfare of the occupants or proposed occupants or to any adjoining properties or other persons within the Municipality. The Public Officer shall be required to specify the corrections to be made to the premises for a Certificate of Occupancy to be issued.
j. 
All owners or renting agents or real estate agents or any person or persons applying for a Certificate of Occupancy as provided herein shall be required to request inspection of the structure or unit in question which may be or is about to be vacated or rerented or reoccupied or sold, to ascertain what is required to gain approval for rental, sale and/or occupancy and shall advise the Public Officer of a reasonable time or times that the inspection may be made and provide for someone to be present to assist with the entry for the inspection purposes. The Public Officer shall comply with the request within a reasonable period of time and, when proper, shall issue the requisite Certificate of Occupancy within a reasonable period of time.
k. 
No tenant, owner or occupant shall sublease, sublet, transfer title or permit the use or occupancy of the dwelling house, dwelling unit or structure provided for herein without following the procedures set forth and required by this subsection, nor shall any real estate broker or agent or representative of any of the foregoing permit any of the foregoing.
l. 
No person shall sell, rent, transfer, grant or lease any dwelling or apartment unit or addition to an existing dwelling, unless such dwelling or apartment unit or addition to an existing dwelling shall be provided with a minimum of one approved Underwriters' Laboratories, Inc., or Factory Mutual listed and labeled smoke detector sensing visible or invisible particles of combustion installed in a manner and location consistent with its listing and approved by the Fire Safety Official. When actuated, the detector shall provide an alarm suitable to warn the occupants within the dwelling or apartment unit or addition to an existing dwelling.[1]
[1]
Editor's Note: This ordinance also provided that "smoke detector" shall include photoelectric sensors.
m. 
Every dwelling house, dwelling unit or structure provided for herein shall contain at least 200 square feet of floor space for the first occupant thereof and at least 150 additional square feet of floor space for every additional occupant thereof, floor space to be calculated on the basis of total habitable room area.
n. 
Every room occupied for sleeping purposes shall contain:
1. 
At least 70 square feet of floor space if occupied by one person;
2. 
At least 108 square feet of floor space if occupied by two persons;
3. 
At least 170 square feet of floor space if occupied by three persons; and
4. 
At least 220 square feet of floor space if occupied by four persons.
5. 
No room designated and arranged for sleeping purposes shall be so used by more than four persons.
o. 
At least 1/2 of the floor area shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purposes of determining the maximum permissible occupancy thereof.
p. 
No room in a dwelling may be used for sleeping if the floor level of that room is lower than two feet below the average grade of the ground adjacent to and within 10 feet of the exterior walls of the room.
q. 
Every dwelling house, dwelling unit or structure provided for herein shall contain a kitchen sink of non-absorbent, impervious material, at least one flush-type water closet, a lavatory and a bathtub or shower available only for the use of the occupants of that dwelling unit. There shall be a minimum of one flush-type water closet and a lavatory for every six persons. Every sink, lavatory, bath tub or shower, drinking fountain, water closet or other facility shall be properly connected to the water and sewer systems of the Borough of Spring Lake Heights, such connection to be made in a fashion approved by the Borough. All such fixtures shall be maintained in good working order and condition.
r. 
Every kitchen sink, lavatory, and bath tub or shower required under the provisions of this section shall be connected to both hot and cold water lines. In addition every dwelling unit shall have water heating facilities which are installed and maintained in good and safe working condition. Such facilities shall be connected with the hot water lines and capable of delivering water at a minimum temperature of not less than 120° F.
s. 
Any electrical outlet within six feet of a water basin must be Ground Fault Interrupter.
[Ord. #3-1999 § 2]
Members of the Police Department of the Borough of Spring Lake Heights are hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and enforce the provisions of subsection 10-2.7 with regard to enforcement of violations of occupancy overcrowding in the absence of the Public Officer or Code Enforcement Officer and/or any person authorized to act in his/her place.
[Ord. #3-1999, § 3; Ord. #12-2004, §§ 1
4]
a. 
No person, corporation or partnership shall let or lease any furnished or unfurnished housing or living unit for seasonal residential purposes for occupancy including the period between May 15 to September 15, unless a license to let such unit is first procured by the owner of said housing or rental unit and kept in effect at all such times as required by this subsection or any other law or ordinance of the Borough of Spring Lake Heights.
b. 
This subsection shall not apply to hotels, rooming houses, boarding house or lodging houses licensed or regulated under any other ordinance of this Borough or to any premises leased for a period of one year or more.
c. 
The fee for such license or renewal thereof shall be $50 and the license shall be valid for the period between May 15 and September 15 in the calendar year of its issue.
d. 
Every person required to procure a license under the provisions of this subsection shall submit an application for such license to the Code Enforcement Officer at the Municipal Building of the Borough of Spring Lake Heights, which application shall be accompanied by the full amount of the fees chargeable for the license sought. All applications for a license under the provisions of this subsection shall be by a written statement upon the forms provided by the Code Enforcement Officer and shall contain the following:
1. 
A statement that there have been no prior revocations or suspensions of license. In the event that there has been a prior revocation or suspension, the Code Enforcement Officer shall not issue a license which refusal may be appealed as hereinafter provided.
2. 
A statement that the applicant is not violating the zoning ordinance of the Borough of Spring Lake Heights.
3. 
The name of the owner to whom license will be issued and his residence address. If the applicant is not an individual, then the names, positions and residence addresses of all officers and managers of the applicant.
4. 
The address of the premises and the name and residence address of the owner of the premises, the name and permanent address of each proposed tenant and social security number, drivers license number and photo ID for each proposed tenant.
5. 
If applicable, the name and address of an agent of the owner of the premises residing in or having an office in the Borough of Spring Lake Heights who is authorized to accept mailed service of any notice or order and to comply with same on behalf of the owner.
6. 
The name and address of the real estate agent, if any, negotiating the tenancy.
7. 
Proof of compliance with the Certificate of Occupancy provisions of subsection 10-2.7 or that an application for a Certificate of Occupancy has been filed and all fees paid.
8. 
A statement from the Tax Collector that all taxes due on the premises are current.
e. 
Applications for renewal or transfer of a license shall follow the same procedure as is outlined for an original application.
f. 
After submission of the application and the required fees to the Code Enforcement Officer, the Borough Code Enforcement Officer shall make any investigation necessary to determine if there has been compliance with the Certificate of Occupancy provisions of subsection 10-2.7 and shall indicate his written approval or disapproval of the license application within 10 days after the application is filed with the Code Enforcement Officer. If approved, the license shall issue forthwith in the name of the Code Enforcement Officer. If disapproved, the Code Enforcement Officer shall forthwith notify the applicant in writing of such disapproval and the reasons therefor, and the applicant shall have 10 days from receipt of notice of disapproval to appeal the decision of the Borough Code Enforcement Officer to the governing body of the Borough of Spring Lake Heights, which, after due hearing, can affirm or reverse the decision of the Borough Code Enforcement Officer. Such appeal shall be heard and decided within 30 days of the filing of the appeal.
g. 
Each license issued under the provisions of this subsection shall state upon its face the following:
1. 
The name and address of the licensee and of the agent authorized to accept service of any notice or process on behalf of the licensee.
2. 
The name and permanent address of each tenant of the premises.
3. 
The amount of license fee therefor.
4. 
The dates of issuance and expiration thereof.
h. 
In addition to the provisions hereinafter set forth covering specific licensed operations, every licensee under this subsection shall:
1. 
Permit all reasonable inspections of the premises.
2. 
Permit access to the licensed premises at all reasonable times by the Code Official unless there is a violation, in which case immediate access shall be provided.
3. 
Ascertain and at all times comply with all laws and regulations applicable to such licensed premises.
4. 
Avoid all forbidden, improper, unlawful or unnecessary practices, business or conditions which do or may affect the public health, morals or welfare.
5. 
Refrain from operating the licensed operation on the premises after expiration of his license and during the period when his license is revoked or suspended.
6. 
Post and maintain the license on the back of the front door of the premises.
i. 
License fees for furnished or unfurnished rental housing or living units occupied for residential purposes shall be paid upon filing of the application for the license or for renewal thereof.
j. 
It shall be the duty of the Chief of Police, the Code Official and any Police Officer of the Borough of Spring Lake Heights to determine if this subsection has been complied with and to enforce the provisions of this subsection against any person found to be violating the same.
k. 
The landlord licensee shall post on the back of the front door of the premises the Certificate of Occupancy required under subsection 10-2.7 and a list setting forth the full names and permanent addresses of each tenant, including the name and permanent address of each person contributing toward the cost of the rental. In the event of a change in tenancy during the period of the license, the licensee shall file with the Borough Clerk a list of the names and permanent addresses of the new tenants, a copy of which shall be posted as required above.
l. 
Any license granted or issued pursuant to this subsection may be suspended or revoked after notice and hearing for any of the following reasons:
1. 
Any fraud, misrepresentation or false statement contained in the application for license.
2. 
Any violation of this subsection or subsection 10-2.7.
3. 
Conducting the use, licensed under this subsection, by applicant himself, or any of his agents, servants, employees, tenants or occupants in an unlawful manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
4. 
In the event any tenant or occupant of the premises licensed hereunder is charged with a violation, notice of the pending charge will be given by mail to the licensee and the person designated to receive notices on the licensee's behalf pursuant to subsection 10-2.9d.5. above. In the event two such complaints are issued during one licensing year and result in convictions in Municipal Court, then such conviction shall be grounds for suspension or revocation of license.
m. 
Notice of Hearing. Notice of hearing for revocation or suspension of license shall be given by the Borough Clerk or the Borough Code Official, setting forth specifically the grounds of complaints and the time and place of the hearing. Such notice shall be mailed by certified mail to the licensee and his designated agent, if applicable, at the address indicated on the license application at least five days prior to the date set forth for the hearing which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
1. 
The hearing shall be held before a Hearing Officer to be designated by resolution of the governing body. The Hearing Officer shall be an attorney-at-law of the State of New Jersey, who shall not be an owner or lessee of any real property within the Borough of Spring Lake Heights. The hearing shall be tape-recorded. At such hearing proof of conviction of any occupant of the licensed premises for a violation of any Borough ordinance relating to noise or disorderly conduct occurring on the licensed premises shall be admissible.
2. 
Penalties. The Hearing Officer upon finding that the charges against the licensee have been sustained, may in his discretion suspend the license for a specified period or revoke the license. In the discretion of the Hearing Officer such sentence may be suspended conditioned on subsequent compliance with the ordinance. If noncompliance with such condition is established at a subsequent hearing, the sentence will be reimposed.
3. 
Any suspension of license may include a period of suspension during the term of any renewal of the license.
n. 
In addition to the provisions for revocation or suspension of license, the Borough Code Official, the Chief of Police, any Police Officer of the Borough of Spring Lake Heights, or any taxpayer or resident of the Borough may make complaint in the Municipal Court of the Borough of Spring Lake Heights for any violation of this subsection or any article, section, paragraph or provision thereof.
o. 
Any person convicted in Municipal Court of a violation of the provisions of this subsection shall be subject to a fine of not less than $100 or more than $1,000, or imprisonment or period of community service not exceeding 90 days.
[Ord. #3-1999, § 4; Ord. #12-2004, § 5]
a. 
Definitions. For the purpose of this subsection 10-2.10 the following meanings shall apply:
HEARING OFFICER
Shall mean a licensed attorney of the State of New Jersey appointed by the Mayor, subject to the advice and consent of the Borough Council.
LANDLORD
Shall mean the person or persons who own or purport to own any building in which there is rented or offered for rent housing space for living or dwelling under either a written or oral lease, including but not limited to any building subject to the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.) and owner-occupied two unit premises. In the case of a mobile home park, "landlord" shall mean the owner of an individual dwelling unit within the mobile home park.
SEASONAL RENTAL
Shall mean any rental of residential accommodations for a term of less than one year and including any part of the period extending from May 15 to September 15.
SUBSTANTIATED COMPLAINT
Shall mean an act of disorderly, indecent, tumultuous, noisy, or riotous conduct upon or in proximity to any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises which have been substantiated by prosecution and conviction in any court of competent jurisdiction of disorderly persons or Borough ordinances.
b. 
Hearing, Penalty.
1. 
If in any one year, two complaints on separate occasions of disorderly conduct, indecent, tumultuous, noisy or riotous conduct upon or in any seasonal rental premises, and attributable to the acts or incitements of any of the tenants of those premises, have been substantiated by prosecution and conviction in any court of competent jurisdiction, the Mayor and Council or any officer or employee of the Borough of Spring Lake Heights so designated by the Mayor and Council for this purpose, may institute proceedings to require the landlord of the seasonal rental premises to post a bond against the consequences of future incidents of the same character.
2. 
The Mayor and Council or any officer or employee of the municipality designated by the Mayor and Council shall cause to be served upon the landlord, in person or by registered mail, to the address appearing on the tax records of the municipality, notice advising of the institution of such proceedings, together with particulars of the substantiated complaint upon which those proceedings are based, and of the time and place at which the hearing will be held in the matter, which shall be in the Municipal Building, Municipal Court or such other public place as designated by the Mayor and Council, and which shall be no sooner than 30 days from the date upon which the notice is served or mailed.
3. 
At the hearing convened pursuant to subsection 10-2.10b.2. above, the Hearing Officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented and offering such evidence, may present. At the conclusion of the hearing, the Hearing Officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this subsection.
4. 
Any bond required to be posted shall be in accordance with the judgment of the Hearing Officer, in light of the nature and extent of the offenses indicated in the substantiated complaints upon which the proceedings are based, to be adequate in the case of subsequent offenses to reparation for:
(a) 
Damages likely to be caused to public or private property and damages consequent upon disruption of affected residents' rights of fair use and quiet enjoyment of their premises; and
(b) 
Securing the payment of fines and penalties likely to be levied for such offenses; and
(c) 
Compensating the municipality for the costs of representing and prosecuting such incidents of disorderly behavior; provided however, no such bond shall be in an amount less than $500 nor more than $5,000. The municipality may enforce a bond thus required by action in the Superior Court, and shall be entitled to an injunction prohibiting the landlord from making or renewing any lease of the affected premises for residential purposes until that bond or equivalent security, in satisfactory form and amount, has been deposited with the municipality.
c. 
Any bond or other security deposited in compliance with subsection 10-2.10b.4. above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bonds, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under subsection 10-2.10d below, in which case the security shall be renewed in an amount and for a period that shall be specified by the Hearing Officer. A transfer of ownership or control of the property shall not void a requirement for security imposed under this subsection. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by subsection 10-2.10b.4. above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Mayor and Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
d. 
If during the period for which a landlord is required to give security pursuant to subsection 10-2.10b.3. above, a substantiated complaint is recorded against the property in question, the Mayor and Council or its designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension as provided in subsection 10-2.10c. above, of the period for which the security is required, or for increase in the amount of security required, or for any or all of these purposes.
Any forfeiture or partial forfeiture of security shall be determined by the Hearing Officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in subsection 10-2.10b.4. above. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in subsection 10-2.10b.4. above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this subsection indicates the appropriateness of such change in order to effectually carry out the purposes of this subsection. The decision of the Hearing Officer in such circumstances shall be enforceable in the same manner as provided in subsection 10-2.10b.4.
e. 
The Hearing Officer shall be a person or persons appointed by the Mayor subject to the advice and consent of the Mayor and Council. A Hearing Officer shall not own or lease any real property within the Borough of Spring Lake Heights, nor hold any interest in the assets of or profits arising from the ownership or lease of such real property.
[Ord. #2-1966, § 112-1]
It shall be the duty of the Construction Official to make a report, in writing, to the Mayor and Council of the Borough, of any and all buildings, walls or structures in the Borough that become unsafe and dangerous to life or health, or which may tend to extend a conflagration, and if the buildings, walls or structures can be so repaired, strengthened, altered or fireproofed as to remove the danger, the Construction Official shall include in his report a recommendation of the repairs or alterations so to be made.
[Ord. #2-1966, § 112-2]
Upon the Fire Safety Official making a report of any building, wall or structure in the Borough being of such a character or situation as might tend to extend a conflagration, the matter shall be referred to the Construction Official for his examination and report to the Mayor and Council.
[Ord. #2-1966, § 112-3]
Upon the filing of any such report by the Construction Official, or any other person, the Mayor and Council of the Borough shall hold a hearing to determine whether such building, wall or structure is dangerous to life or health or whether the same might tend to extend a conflagration, and shall cause notice in writing of the time and place of the hearing to be served upon the owner or owners of such building, wall or structure, in the manner hereinafter set forth. Such notice shall be served at least 10 days prior to the day fixed for such hearing, shall contain the statement that at such hearing the Mayor and Council will inquire into and determine whether the building, wall or structure therein described is or may become dangerous to life or health or might tend to extend a conflagration, and also the statement that in case it shall be determined to be necessary to remove or destroy such building, wall or structure, an inquiry and determination will be made as to the manner such removal or destruction is to be carried out, and shall contain a description of the property affected, sufficiently definite in terms to identify the same.
[Ord. #2-1966, § 112-4]
If the Mayor and Council shall determine after the termination of such hearing that such building, wall or structure is or may become dangerous to life or health, or is of such character as might tend to extend a conflagration, the Mayor and Council shall also determine the manner in which the removal or destruction of the building, wall or structure shall be carried out, and shall cause notice in writing to be served upon the owner or owners of such building, wall or structure of such determination and shall also give notice that unless such building, wall or structure is removed or destroyed within 30 days after the service of such notice, the Borough will proceed with removal or destruction pursuant to the authority conferred by virtue of Chapter 87 of the Laws of New Jersey of 1932 and of this subsection, and that the cost shall be assessed as a Municipal lien against the premises.
[Ord. #2-1966, § 112-5]
The notices mentioned in this act may be served upon the owner or owners resident in the Borough, in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years; in case any such owner shall not reside in the Borough, notice may be served upon such owner personally or mailed to the owner's last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner in charge; in case the owner of any such property is unknown or service cannot be made as above directed, notice thereof shall be published at least once not less than 30 days before the proposed removal or destruction, in a newspaper circulating in the Borough; there may be inserted in the advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners, or owner or owners of unsound mind, shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners shall be sufficient and shall be deemed and taken as notice to all.
[Ord. #2-1966, § 112-6]
Proof of service of aforesaid notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in the Borough, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[Ord. #2-1966, § 112-7]
When any such removal or destruction shall have been undertaken and completed by the Borough, an accurate account of the cost and expense thereof shall be kept, and a true statement under oath or affirmation shall be filed by the Construction Official who shall be in charge of such removal or destruction, with the Borough Clerk. The Mayor and Council shall examine the same and if the same is properly made, shall confirm it and file such report with the Borough Clerk who shall record the same in a book to be kept for that purpose.
[Ord. #2-1966, § 112-8]
The cost of such repairs, alterations, fireproofing, removal or destruction, as evidenced by a true statement under oath or affirmation duly filed and confirmed by the Mayor and Council as provided in subsection 10-3.7, shall be a Municipal lien against the premises. Any such assessment shall be made on notice by the Assessment Commissioner or Assessment Commissioners, in the same manner as other assessments for improvements are now made in pursuance of the law.
[Ord. #2-1966, § 112-9]
All work in connection with the repairing, altering, fireproofing, removing or destroying of any building, wall or structure, pursuant to the terms of this ordinance, shall be in charge of the Construction Official, with the approval and authorization of the Borough Council.
[Ord. #2-1966, § 55-1]
The system of numbering all buildings and lots of land in the Borough as shown on a map entitled "Official House Number Map," made by Claude W. Birdsall, Borough Engineer, dated November 2, 1959, consisting of an index sheet, sheets numbered 1 to 9 and an undersheet, and lodged in the office of the Borough Clerk, providing a number for all buildings and lots and hereby made a part of this section, is hereby adopted and the number shown thereon for each building and lot is hereby assigned to the building or lot.
[Ord. #2-1966, § 55-2]
Upon any subdivision or resubdivision of land in the Borough resulting in a lot or lots other than those delineated on the map, the Borough Engineer shall assign a number to each lot resulting from the subdivision or resubdivision which shall be in proper numerical sequence in relation to the number assigned to other lots fronting on the same street and he shall record the same upon the map.
[Ord. #2-1966, § 55-3]
No subdivision or resubdivision of land requiring approval by the Planning Board shall be approved by it unless a number shall be assigned by the Borough Engineer to each lot therein for the building erected or to be erected on it.
[Ord. #2-1966, § 55-4]
The number assigned to each building shall be displayed by the owner or occupant on the front of the building or in the front yard in numerals at least three inches in height at or near the front entrance to the building or premises and so located as to be visible to persons passing by the premises on the abutting street.
[Ord. #2-1966, § 55-5]
No Certificate of Occupancy shall be issued for occupancy of any building hereafter erected, changed, converted or enlarged unless the provisions of subsection 10-4.4 shall have been satisfied.
[Ord. #2-1966, § 55-6]
Upon the request of any property owner or occupant, it shall be the duty of the Borough Clerk to notify the owner or occupant of the number assigned to the respective building or lot.
[Ord. #9-1990, § 1]
This section establishes minimum standards for the initial and continued occupancy and use of all buildings and premises within the Borough and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the building or premises and equipment or facilities contained therein except in any case where the provisions of this section impose a higher standard than set forth in any other section of the Revised General Ordinances of the Borough in which case the standards set forth herein shall prevail.
[Ord. #9-1990, § 1]
Owners, operators and occupants shall all have the duties and responsibilities as prescribed in this section.
[Ord. #9-1990, § 1]
a. 
Maintenance of Exterior of Premises Free of Hazards and Unsanitary Conditions. The exterior of all buildings and premises within the Borough shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated.
b. 
Refuse. All buildings and premises are to be kept free of brush, weeds, broken glass, stumps, roots, obnoxious growths, filth, garbage, trash, refuse and debris.
c. 
Natural Growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage constitute a hazard to persons in the vicinity shall be immediately removed. Trees shall be kept pruned and trimmed to prevent such conditions.
d. 
Sources of Infestation. Every owner, operator and occupant shall be responsible for the elimination of infestation in and on the premises subject to his control.
e. 
Appearance of Exterior. The exterior of all premises, the exterior of all buildings and the conditions of all accessory structures within the Borough shall be maintained so that the appearance of the premises and all buildings shall reflect a level of maintenance in keeping with the standards of that particular area and such that the appearance of the premises and structures shall not constitute a depressing factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the particular area with the accompanying diminution of property values.
f. 
Storage of Material. There shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials relating to commercial or industrial uses unless permitted under the zoning ordinance for the premises.
g. 
Landscaping. The landscaping of premises shall be maintained in an orderly state with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly where such would constitute a blighting effect, depreciating adjoining and nearby property. Open areas shall be graded evenly to eliminate holes, depressions, gullies, mounds, accumulations of debris or other unsightly or unsafe conditions.
[Ord. #9-1990, § 1]
The duty of administering and enforcing the provisions of this section is conferred upon the Public Officer and the Public Officer shall have the right to inspect all buildings and premises subject to this section.
[Ord. #9-1990, § 1]
Where the violations or conditions existing on the buildings or premises are of such a nature as to constitute an immediate threat to life and limb, the violation or condition must be abated within 24 hours of written notice. All other violations or conditions must be abated within 14 days of written notice. Failure to comply with these provisions will result in a summons. Notwithstanding the foregoing, if it shall appear to the Public Officer that a second or subsequent violation of this section has occurred within a six-month period as to the same property, the notice requirements of this subsection shall not be required unless during that six-month period the legal title to the property shall have changed or possession of same shall have changed. In such case involving a second or subsequent violation, the Public Officer may issue a notification demanding immediate abatement of the condition and/or issue a summons for violation of the subsection without any further notification.
[Ord. #3-2001]
The purpose of this section is to control the disturbance of land and related changes in grades and elevations by requiring adequate provisions for surface water retention, drainage and soil erosion in order to promote the safety, public health, convenience and general welfare of the community.
[Ord. #3-2001]
As used in this section:
APPLICANT
Shall mean a person, partnership, corporation or public agency requesting permission to engage in land disturbance activity.
EXCAVATION OR CUT
Shall mean any act by which soil or rock is cut into, dug, quarried, uncovered, removed, displaced or relocated.
LAND
Shall mean any ground, soil or earth, including marshes, swamps, drainageways and areas not permanently covered by water, within the Borough.
PERMIT
Shall mean a Land Disturbance Permit issued by the Construction Official to perform work in accord with this section.
SITE
Shall mean any plot, parcel or parcels of land.
SOIL
Shall mean all unconsolidated mineral and organic material of any origin.
STRIPPING
Shall mean any activity which significantly disturbs vegetated or otherwise stabilized soil surface, including clearing and grubbing operations.
[Ord. #3-2001]
No land or land area shall be disturbed by any person, partnership, corporation, municipal corporation or other public agency within the Borough unless prior thereto the applicant has obtained a valid Land Disturbance Permit issued by the Construction Official in accordance with the requirements of this section.
[Ord. #3-2001]
A valid Land Disturbance Permit shall be obtained by the filing of an application which shall be accompanied by a plot plan for the premises, which plot plan shall contain:
a. 
The location and description of all existing natural and man-made features on the site, including general topography, existing drainage and water flow, proposed drainage and water flow and soil characteristics and a copy of the soil conservation soil survey.
b. 
The location and description of proposed land disturbances, specifying all changes contemplated.
[Ord. #3-2001]
Upon receipt of the application and plans as required hereunder, the Construction Official shall transmit one copy of the application and plan to the Township Engineer for the Engineer's review and approval. After review, the Engineer shall submit a report to the Construction Official, who shall then issue or deny the permit, which may be with or without conditions.
[Ord. #3-2001]
Permit holders shall comply with the following requirements:
a. 
Notify the Spring Lake Heights' Construction Official in writing 72 hours in advance of any land disturbance.
b. 
Install a stabilized construction entrance into the lot (50 feet by 30 feet by six inches of 1 1/2 inches to two inches clean stone).
c. 
Install an effective sediment barrier along the lower limits of construction so soil will not be carried off the site by rainwater. A continuous line of hay bales (dug in four inches and staked), or a silt fence (dug in six inches on the bottom) shall be used and installed according to the design plans of Illustration 1, Hay Bale Sediment Barrier Installation, or Illustration 2, Silt Fence Construction and Installation.[1]
[1]
Editor's Note: The illustrations referred to herein are included as attachments to this chapter.
d. 
Provide temporary stabilization of all exposed soils, not subject to construction traffic. Temporary stabilization may be done in non-growing seasons with straw mulch, applied at a rate of 95-115 lbs/1,000 square feet and held in place with a mulch binder.
e. 
During the growing season, temporary stabilization will require the soil to be seeded with annual rye grass and mulched with 70-90 lbs/1,000 square feet of straw or hay.
f. 
Permanent stabilization requires a three seed mixture of "permanent" or perennial seed types that are mulched and anchored.
g. 
Remove all lot debris from the street regularly and sweep the street daily.
[Ord. #3-2001]
The following principles shall apply to all Land Disturbance Permits:
a. 
Stripping of vegetation, grading or other soil disturbance shall be done in a manner which will minimize soil erosion.
b. 
Whenever feasible, natural vegetation shall be retained and protected.
c. 
Drainage provisions shall accommodate increased runoff, resulting from modified soil and surface conditions, during and after development or disturbance.
d. 
Water runoff shall be minimized and retained on site whenever possible to facilitate groundwater recharge.
e. 
Land disturbance shall be done in a manner that shall not cause a change in slope which would result in the slope exceeding 10%.
[Ord. #3-2001]
Each application shall be accompanied by a fee in the amount of $75. However, any application hereunder which is made in conjunction with an application for a building permit for new construction shall not require the payment of any fee in addition to that fee paid for the construction permit.
[Ord. #3-2001]
The requirements of this section shall be enforced by the Construction Official, who shall also inspect or require adequate inspection of the work. If the Construction Official finds existing conditions not as stated in the applicant's Land Disturbance Permit or the site does not comply with all requirements of this section, he/she may refuse to approve further work and may seek other penalties as provided in subsection 10-6.11.
[Ord. #3-2001]
Appeals from decisions under this section may be made to the Borough Council in writing within 10 days from the date of such decision. The appellant shall be entitled to a hearing before the Borough Council within 30 days from the date of appeal.
[Ord. #3-2001]
a. 
Any person who violates any of the provisions of this section or fails to comply or adhere to the Land Disturbance Permit shall be subject to an action filed in the Superior Court for injunctive relief and/or damages for the restoration or correction of the violation or violations.
b. 
In addition, any person who violates any of the provisions of this section or fails to comply or adhere to the Land Disturbance Permit granted hereunder shall be liable, upon conviction of such punishable offense, to the penalty stated in Chapter I, Section 1-5.
[Ord. No. 02-2011 § 1]
This section requires the retrofitting of existing storm drain inlets which are in direct contact with repaving, repairing, reconstruction, or resurfacing or alterations of facilities on private property to prevent the discharge of solids and floatables (such as plastic bottles, cans, food wrappers and other litter) to the municipal separate storm sewer system(s) operated by the Borough of Spring Lake Heights so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 02-2011 § 2]
As used in this section:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by the Borough of Spring Lake Heights or other public body, and is designed and used for collecting and conveying stormwater. (Note: In municipalities with combined sewer systems, add the following: "MS4s do not include combined sewer systems, which are sewer systems that are designed to carry sanitary sewage at all times and to collect and transport stormwater from streets and other sources.")
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORM DRAIN INLET
Shall mean an opening in a storm drain used to collect stormwater runoff and includes, but is not limited to, a grate inlet, curb-opening inlet, slotted inlet, and combination inlet.
WATERS OF THE STATE
Shall mean the ocean and its estuaries, all springs, streams and bodies of surface or ground water, whether natural or artificial, within the boundaries of the State of New Jersey or subject to its jurisdiction.
[Ord. No. 02-2011 § 3]
No person in control of private property (except a residential lot with one single family house) shall authorize the repaving, repairing (excluding the repair of individual potholes), resurfacing (including top coating or chip sealing with asphalt emulsion or a thin base of hot bitumen), reconstructing or altering any surface that is in direct contact with an existing storm drain inlet on that property unless the storm drain inlet either:
a. 
Already meets the design standard below to control passage of solid and floatable materials; or
b. 
Is retrofitted or replaced to meet the standard in subsection 10-7.4 prior to the completion of the project.
[Ord. No. 02-2011 § 4, 5]
Storm drain inlets identified in this section shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see paragraph c. below.
a. 
Design engineers shall use either of the following grates whenever they use a grate in pavement or another ground surface to collect stormwater from that surface into a storm drain or surface water body under that grate:
1. 
The New Jersey Department of Transportation (NJDOT) bicycle safe grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible Roadways and Bikeways Planning and Design Guidelines (April 1996); or
2. 
A different grate, if each individual clear space in that grate has an area of no more than seven square inches, or is no greater than 0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in grate inlets, the grate portion (non-curb-opening portion) of combination inlets, grates on storm sewer manholes, ditch grates, trench grates, and grates of spacer bars in slotted drains. Examples of ground surfaces include surfaces of roads (including bridges), driveways, parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels, and stormwater basin floors.
b. 
Whenever design engineers use a curb-opening inlet, the clear space in that curb opening (or each individual clear space, if the curb opening has two or more clear spaces) shall have an area of no more than 7.0 square inches, or be no greater than 2.0 inches across the smallest dimension.
c. 
This standard does not apply:
1. 
Where the municipal engineer agrees that this standard would cause inadequate hydraulic performance that could not practicably be overcome by using additional or larger storm drain inlets that meet these standards;
2. 
Where flows are conveyed through any device (e.g., end of pipe netting facility, manufactured treatment device, or a catch basin hood) that is designed, at a minimum, to prevent delivery of all solid and floatable materials that could not pass through one of the following:
i. 
A rectangular space four and five-eighths inches long and one and one-half inches wide (this option does not apply for outfall netting facilities); or
ii. 
A bar screen having a bar spacing of 0.5 inches.
3. 
Where flows are conveyed through a trash rack that has parallel bars with one-inch spacing between the bars; or
4. 
Where the New Jersey Department of Environmental Protection determines, pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C. 7:4-7.2(c), that action to meet this standard is an undertaking that constitutes an encroachment or will damage or destroy the New Jersey Register listed historic property.
[Ord. No. 02-2011 § 5]
This section shall be enforced by the Police Department and/or other municipal officials of the Borough of Spring Lake Heights.
[Ord. No. 02-2011 § 6]
Any person(s) who is found to be in violation of the provisions of this section shall, upon conviction, be subject to a fine not to exceed $2,000 for each storm drain inlet that is not retrofitted to meet the design standard.[1]
[1]
Editor's Note: N.J.S.A. 40:49-5 provides for a maximum penalty of $2,000 for each offense of a municipal ordinance.