[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:
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.
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.
HEARING OFFICER
LANDLORD
SEASONAL RENTAL
SUBSTANTIATED COMPLAINT
Definitions. For the purpose of this subsection 10-2.10 the following meanings shall apply:
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.
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.
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.
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:
Shall mean a person, partnership, corporation or public agency
requesting permission to engage in land disturbance activity.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean any ground, soil or earth, including marshes,
swamps, drainageways and areas not permanently covered by water, within
the Borough.
Shall mean a Land Disturbance Permit issued by the Construction
Official to perform work in accord with this section.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated mineral and organic material
of any origin.
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.
[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:
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.")
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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:
[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:
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.
