[New]
This chapter shall be known and may be cited as the Administrative Code of the Borough of Beachwood.
The Borough of Beachwood is governed under the borough form of government outlined in Chapters 86-94 of title 40 of the Revised Statutes. The Administrative Code has been drafted in conformity with the borough law and in many instances provisions have been restated. Other enabling laws relevant to this chapter are R.S. 2a:9-7, et seq., Municipal Court; R.S.26:3-1, et seq., Board of Health; R.S. 40:47-1 police department and fire department; R.S. 40:64-1, et seq., Shade Tree Commission; R.S. 40:56a-1, et seq., Environmental Commission; and R.S. 40:48-2, et seq., general authority to regulate the internal affairs of the borough.
For salary grades and ranges, wages, compensation and fees of all officers and employees of the borough, see annual salary ordinances of the borough. Such ordinances are not included in these Revised Ordinances, but are saved from repeal. See Adopting Ordinance.
[1]
Editor's Note: Salary Ordinances have not been included in the Code. See Annual Salary Ordinance in the office of the Borough Clerk.
[New]
The Council shall consist of the Mayor and six councilmen elected at large in the Borough, all of whom shall be elected and take office in the manner provided by law. The term of office shall commence January 1 next following their election.
[New]
The Council shall by ordinance adopt rules or procedure not inconsistent with this Code. The rules shall provide for standing committees of the Council.
[New]
Council shall take appropriate action to insure that ordinances and resolutions of the preceding year are compiled or codified.
[New]
Whenever a vacancy occurs in the membership of the Borough Council for any reason other than the expiration of term of office, the vacancy shall be filled in the following manner:
a.
If the vacancy occurs subsequent to September 1 preceding the general election which will occur in the next-to-the-last year of the term of the member whose office has become vacant, the office shall be filled for its unexpired term by appointment by a majority vote of the whole membership of the Borough Council.
b.
If the vacancy occurs prior to September 1 preceding the general election in any year other than the last year of the term of the member whose office has become vacant, the vacancy shall be filled for the unexpired term at the next ensuing general election. The Borough Council by a vote of the majority of its whole membership may fill the vacancy temporarily by appointment until the election and qualification of a successor.
c.
Whenever a vacancy to be filled for the unexpired term by the Borough Council is not filled within 30 days of the occurrence of the vacancy, the Borough Clerk shall forthwith call a special election to be held as soon as practicable to fill the vacancy. No appointment shall be made by the Borough Council to fill the vacancy after a special election has been called. If the vacancy occurs within six months prior to the end of the term of office, the provisions of this subsection shall not apply and the Borough Council shall continue to have the power to fill the vacancy.
d.
Whenever the office of all or a majority of the members shall become vacant for any reason, the fact of the vacancies shall be immediately certified to the Governor by any remaining member of the Borough Council or by the Borough Clerk. The Governor upon receipt of such certifications shall forthwith fill the vacancies temporarily by appointment until their successors are elected for the unexpired terms at the next general election or next regularly scheduled Municipal Election occurring not less than 60 days subsequent to the appointment.
[New]
Every person appointed by the Borough Council or by the Governor to fill a vacancy, either for the unexpired term or temporarily, shall have the qualifications required by Statute to permit the appointee to qualify for election to the office, and if the previous incumbent had been elected to office as the nominee of a political party, the person so appointed shall be of the same political party.
[New]
The Council shall meet for organization on the first day of January, or during the first seven days in January in any year at the call of the incoming Mayor. Thereafter, the Council shall meet regularly within the Borough at such times and places as provided by the rules of Council. The Mayor shall when necessary call special meetings of the Council. In case of his neglect or refusal, any four members of the Council may call such meetings at such time and place in the Borough as they may designate. Notice of all meetings shall be given in accordance with the requirements of the Open Public Meetings Law, C.231, P.L. 1975.
[New]
The Mayor shall preside over all meetings of the Council but shall not vote except to give the deciding vote in case of a tie. Except as otherwise provided by the statute or specific ordinance, the Mayor shall nominate and, with the advice and consent of the Council, appoint all officers in the Borough, and the Chairman and members of all standing committees. No appointments requiring Council confirmation shall be made except by a majority vote of the Council members present at the meeting, provided that at least three affirmative votes shall be required for such purpose, the Mayor to have no vote thereon except in the case of a tie. Vacancies in appointive officers shall be filled by appointment in the same manner for the unexpired term only. The Mayor shall make such nomination to fill a vacancy within 30 days after the appointive office becomes vacant. If the Mayor fails to nominate within 30 days or the council fails to confirm any nomination made by the Mayor, then, after the expiration of 30 days, the Council shall appoint the officer.
The Mayor shall see that the laws of the State and the ordinances of the Borough are faithfully executed, and shall recommend to the Council such measures as he may deem necessary or expedient for the welfare of the Borough. He shall maintain peace and good order and have the power to suppress all riots and tumultuous assemblies in the Borough.
The Mayor shall supervise the conduct and acts of all officers in the Borough and shall execute all contracts made on behalf of the Council.
[New]
At the organizational meeting the Council by a majority vote shall elect from their number a President of the Council, who shall preside at all of its meetings when the Mayor does not preside. The President of the Council shall hold office for one year and until the next annual meeting. He shall have the right to debate the vote on all questions before the Council. If the Council at its annual meeting fails to elect a President, the Mayor shall appoint the President from the Council and in that case no confirmation by the Council shall be necessary. If the Mayor is absent from the Borough for a period of three consecutive days or for any reason is unable to act, the President of the Council shall perform all the duties of the Mayor during his absence or inability. The Mayor, in case of his intended absence from the Borough for more than three days at any one time, shall notify the President in writing of such intended absence, whereupon the President shall be and become acting Mayor from the receipt of such notice and continue to act until the Mayor's return. In case of the temporary inability of the President to so act, the Council member having the longest term of service as such may act temporarily for the President.
[Ord. #82-15, Preamble]
This section shall be known as the Rules of Council 1982, and as hereinafter sometimes referred to as the "rules."
The following rules shall govern the Mayor and Borough Council and its meetings.
[Ord. #82-15,§ I]
The Mayor shall take the chair at the hour appointed for the meeting, and shall immediately call the Borough Council to order. In the absence of the Mayor, the Council President shall call the meeting to order. In the absence of the Mayor and the Council President, the Clerk shall determine if a quorum is present and in that event, shall designate one of the senior most Council members present to call the meeting to order. Upon the arrival of the Mayor or Council President, the person presiding over the meeting shall forthwith relinquish the chair upon the conclusion of the business immediately before the Council.
[Ord. #82-15, § II]
Before proceeding with the business of the Council, the Clerk shall call the roll of the members in alphabetical order, and the names of those present shall be entered in the minutes.
[Ord. #82-15, § III]
All special, open caucus and regular meetings shall be open to the public. Promptly at the hour set for each meeting, the members of the Council and the Clerk shall take their regular stations in the Council meeting chamber, and the business of the Council shall be taken up for consideration and disposition in the following order:
[Ord. #82-15, § IV]
Unless a reading is requested by a majority of Council, such minutes when signed by the Council and the Clerk, may be approved without reading, provided that the Clerk, at least two full working days preceding the meeting shall deliver a copy thereof to each member of Council.
[Ord. #82-15, § V]
The vote upon every motion, resolution or ordinance, shall be taken by roll call in alphabetical order. The yeas and nays shall be entered in the minutes. Upon the call of the roll no member shall debate his vote. The minutes of each meeting shall be signed by the Mayor and Council and by the Clerk.
[Ord. #82-15, § VI]
a.
Question under consideration. When a question is presented and seconded, it is under consideration and no motion shall be received thereafter except to lay on the table, to postpone, or to amend, until the question is decided. These motions shall have preference in the order in which they are mentioned.
b.
As to the Presiding Officer, Mayor or Councilman as the case may be, he may debate from the chair, and is subject to such limitations of debate as are by these rules imposed upon all members, and shall not be deprived of any of the rights and privileges of his position by reason of his being the Presiding Officer.
c.
Getting the floor; improper reference to be avoided. Every member desiring to speak for any purpose whatsoever, shall address the Presiding Officer, and upon recognition, shall confine himself to the question under debate avoiding all personalities and indecorous language. A member may only speak once on the same subject until all other members have had an opportunity to be heard.
d.
Interruption. A member once recognized shall not be interrupted when speaking unless it be to call him to order or as herein otherwise provided. If a member while speaking be called to order, he shall cease speaking and the question of order be determined by the Presiding Officer, and if in order he shall be permitted to proceed. Any member may appeal to the Council from the decision of the chair upon a question of order, when without debate the chair shall submit to the Council the question, "Shall the decision of the Chair be sustained?" And the Council shall decide by a majority vote.
e.
Privileges of closing debate. The Presiding Officer, after all members of Council have been heard shall have the privilege of closing the debate.
[Ord. #82-15, § VII; Ord. #2002-20, § 1]
At any meeting of the governing body being for the purpose of workshop, caucus or special meeting other than a regular meeting and other than a closed meeting held in accordance with the Open Public Meetings Act, the governing body shall establish a public portion. Said public portion shall be for 10 minutes unless the governing body by resolution shall expand said time limitation. This time limitation shall not apply to regular meetings as addressed in subsection 2-6.9 of the Code.
[Ord. #82-15, § VII]
a.
Any person may orally petition the Council, at any regular Council meeting during the appropriate portion of that meeting for leave to address the Council at that meeting; which leave shall be granted.
b.
Manner of addressing Council; time limit. Each person addressing the Council shall step up to the microphone, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the Council shall limit his address to 10 minutes. All remarks shall be addressed to the Council as a body and not to any person thereof. No person, other than members of the Council and the person having the floor shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. No question shall be asked a Councilman except through the Presiding Officer.
[Ord. #82-15, § VIII]
a.
By Council members. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise, except as herein provided, delay or interrupt the proceedings, the peace of the Council, disturb any member while speaking or refuse to obey the order of the Council or its Presiding Officer.
b.
By persons. Any person making impertinent or slanderous remarks or who shall become boisterous while addressing the Council shall forthwith be barred from further audience before the Council at that meeting, by the Presiding Officer or a majority vote of Council, unless permission to continue or again address the Council be granted by the majority vote of the Council.
[Ord. #82-15, § IX]
Any person or persons delaying or interrupting a meeting may be asked by the Presiding Officer or a majority vote of Council to remove him/her self from that meeting. If he/she/they should refuse to leave, the Police Department shall be called to remove the person/persons from the meeting.
[Ord. #82-15, § X]
Any of these rules may be suspended by a majority consent as to any specific matter before the Council.
[Ord. #9/19/73, § 3-1; New]
There is hereby established the position of Tax Assessor.
[Ord. #9/19/73, § 3-2; New]
Term of office shall be as established by State Statute. The salary shall be as fixed by salary ordinance.
[Ord. #96-08, § 1]
There is hereby established the position of Deputy Tax Assessor. The salary for the position of Deputy Tax Assessor shall be fixed by the salary ordinance.
[Ord. #81-2, § 1]
It is hereby created within the Borough of Beachwood the position of Municipal Tax Collector, which is done pursuant to N.J.S.A. 40A:9-141.
[Ord. #81-2, § 2]
The Municipal Tax Collector shall be appointed by the Borough Council of the Borough of Beachwood.
[Ord. #81-2, § 3]
The duties and responsibilities of the Municipal Tax Collector shall include the following:
a.
Billing preparation and billing for the collection of taxes within the Borough.
b.
Collection and recordings of collections of taxes within the Borough.
c.
Enforcement of the Statutes of the State of New Jersey and the ordinances of the Borough of Beachwood with regard to the collection of taxes.
d.
Preparation and submission of monthly reports to the Mayor and Council with regard to the collection of taxes.
e.
Any and all other duties prescribed by law or set forth and designated as reasonable duties of the Municipal Tax Collector by the Mayor and Council of the Borough.
[Ord. #81-2, § 4]
The purpose and intent of this section is to set forth the position of Municipal Tax Collector, and the appointment thereof, as set forth in N.J.S.A. 40A:9-141 et seq.
[Ord. #2/2/72, § I]
There is hereby created in the Borough of Beachwood, in the County of Ocean and State of New Jersey, the office of Municipal Prosecutor.
[Ord. #2/2/72, § II]
The Mayor shall appoint the Municipal Prosecutor, with the advice and consent of the Borough Council, to serve for a term of one year commencing January 1 of each year and until the appointment and qualification of his successor. In the event the Mayor shall not appoint the Municipal Prosecutor or the Council shall fail to confirm such appointment within 30 days next succeeding January 1 of each year, the Council shall make such appointment at the expiration of the thirty-day period.
[Ord. #2/2/72, § III]
No person shall be appointed Municipal Prosecutor unless he is a licensed attorney at law of the State of New Jersey.
[Ord. #2/2/72, § IV]
The Municipal Prosecutor shall represent the Borough of Beachwood and any of its officers and employees in any criminal or quasi-criminal action or proceeding in the Municipal Court of the Borough or in any Intermunicipal Court having jurisdiction of the Borough wherein the complaint has been filed in the name of the State of New Jersey, the Borough of Beachwood or any of the officers or employees of the Borough of Beachwood and wherein the particular nature of the charge is such that imprisonment in fact or other consequence of magnitude is actually threatened or is a likelihood on conviction.
[Ord. #2/2/72, § V]
The Municipal Prosecutor shall be paid such fees or salary as shall hereafter be established by law.
[Ord. #81-14, § 1]
There is hereby created the position of Code Enforcement Officer, who shall be appointed by the Mayor of Beachwood, with the advice and consent of the Council.
[Ord. #81-14, § 3]
The Code Enforcement Officer shall receive such salary as fixed by the Mayor and Council.
[Ord. #81-14, § 4]
The Code Enforcement Officer shall work the designated hours as set forth by the Mayor and Council.
[Ord. #81-14, § 5]
a.
To enforce all general legislation directly related to code enforcement, of a regulatory nature adopted by the Mayor and Council.
b.
To inspect the Borough of Beachwood for the purpose of ascertaining the existence of any violations of general legislation. Such inspections shall be made by said officer as frequently as may be necessary to insure compliance with the Borough's general legislation or at the direction of the Mayor and Council.
c.
To submit monthly reports to the Mayor and Council detailing work performance.
d.
To make investigations, serve violation notices, make and process complaints for code violations and make court appearances as necessary in connection therewith.
e.
To maintain files of all papers and records pertinent to work performance.
f.
To perform related duties as may be required by the Mayor and Council by direction or resolution.
[Ord. #81-14, § 6]
Upon observation of a violation of any of the Borough ordinances under general legislation, as outlined in subsection 2-9.5 the Code Enforcement Officer shall notify the property owner, possessor or occupant in writing, by regular mail or in person, that a violation of an ordinance exists, requesting that the violation be abated within 10 days. In the event that the violation has not been corrected within 10 days, the Code Enforcement Officer may take any and all action as permitted by ordinance or Statute to compel compliance with the ordinance.
The 10 day waiting period may be waived for violations endangering public safety or welfare.
[Ord. #81-14, § 8]
All records required by statute or ordinance shall be open to inspection by the Borough's governing body and the general public at all reasonable times.
[Ord. #2006-02, §§ 1, 2]
a.
Purpose. The purpose of the within section is to create the position of part-time Housing Inspector to work under the direction of the Borough Zoning/Code Enforcement Officer.
b.
Duties. The duties of the Housing Inspector shall be those housing inspections necessary as described by the New Jersey Department of Personnel. Qualifications for the position shall also be those designated by said New Jersey Department.
[Ord. #5/30/79, § 2]
The Municipal Court for the Borough of Beachwood, County of Ocean, State of New Jersey, is hereby established pursuant to the applicable provisions of N.J.S.A. 2A:8-1 et seq.
[Ord. #5/30/79, § 3]
The name of the Municipal Court shall be "Municipal Court of the Borough of Beachwood," County of Ocean, State of New Jersey.
[Ord. #5/30/79, § 4]
The Municipal Court shall have a seal and it shall bear the name of the Court.
[Ord. #5/30/79, § 5]
There shall be a Municipal Judge of the Municipal Court who shall be appointed pursuant to N.J.S.A. 2A:8-5. The Municipal Judge shall serve a term of three years from the date of his appointment and until his successor is appointed and qualified.
[Ord. #5/30/79, § 7]
The Municipal Court and the Municipal Judge thereof shall have, possess and exercise all the functions, powers, duties and jurisdiction conferred by law upon the Court and Judge.
[Added 9-18-2024 by Ord. No. 2024-12[1]]
Pursuant to N.J.S.A. 2B:12-10, there shall be a Municipal Court Administrator appointed by the Borough Mayor with consent of Council for such time and term as the statute in such case made and provided shall permit.
a.
Civil Service Status. The appointment of Municipal Court Administrator shall be in accordance with the rules and regulations promulgated by the Department of Civil Service.
b.
Job Definition and Compensation. The Municipal Court Administrator shall be paid in accordance with the Salary Schedule of the Borough. The Municipal Court Administrator shall, under the direction of the Municipal Judge, do work as required, which shall include, but not be limited to:
1.
Carrying out the rules, regulations and procedures relating to the operation of the Court.
2.
Interviewing and speaking to prospective complainants, receiving complaints and dispensing information relating to Court matters.
3.
Maintaining the financial records of the Court.
4.
Attending Court, taking minutes of the trials and entering them in the docket; arranging the trial calendar; signing Court documents; preparing and issuing warrants and commitments.
5.
Taking and preparing bail bonds and making inquiry as to their sufficiency and equity; receiving and accounting for fines and costs.
6.
Interviewing persons on informal police court matters to determine if there is a basis for formal action and, if necessary, issuing summonses requiring court appearances; maintaining and classifying records and files.
c.
Pursuant to N.J.S.A. 2B:12-11, a Municipal Court Administrator certificate may be revoked or suspended by the board for dishonest practices or failure to perform, or neglect of, duties of a municipal court administrator.
d.
Tenure for fulltime Administrator of Municipal Court: Pursuant to N.J.S.A. 2A:8-13.3, any person holding office, position or employment as Administrator of the Municipal Court in any Borough who has held such office for five years or more and who has become certified during that period shall hold and continue to hold said office, position or employment during good behavior and shall not be removed therefrom for political or other reasons except for good cause, upon written charges and after a public, fair and impartial hearing.
[1]
Editor's Note: This ordinance repealed and replaced former § 2-11.6, Court Clerk. Prior amendments include Ord. #5/30/79, § 8.
[Added 9-18-2024 by Ord. No. 2024-12[1]]
There may be a Municipal Deputy Court Administrator appointed by the Borough Mayor with consent of Council.
a.
Civil Service Status. The appointment of Municipal Deputy Court Administrator shall be in accordance with the rules and regulations promulgated by the Department of Civil Service.
b.
Job definition and compensation: The Municipal Deputy Court Administrator shall be paid in accordance with the Salary Schedule of the Borough. The Municipal Deputy Court Administrator shall, under the direction of the Municipal Court Administrator and/or Municipal Judge, do work as required, which shall include, but not be limited to:
1.
Assist the Municipal Court Administrator in performing such functions and duties of her office.
2.
Perform such functions and duties as shall be prescribed for said Deputy Court Administrator by law, the rules applicable to Municipal Courts and by the Judge of the Municipal Court.
3.
Perform all related work as required by the Municipal Court Administrator.
c.
Pursuant to N.J.S.A. 2B:12-11, a Municipal Court Administrator certificate may be revoked or suspended by the board for dishonest practices or failure to perform, or neglect of, duties of a Municipal Deputy Court Administrator.
[1]
Editor's Note: This ordinance repealed and replaced former § 2-11.7, Deputy Court Clerk. Prior amendments include Ord. #5/30/79, § 9.
[Added 9-18-2024 by Ord. No. 2024-12[1]]
There may be a Violations Clerk appointed by the Borough Mayor with consent of Council for such time and term as the statute in such case made and provided shall permit.
a.
Civil Service Status. The appointment of Municipal Deputy Court Administrator shall be in accordance with the rules and regulations promulgated by the Department of Civil Service.
b.
Job Definition and Compensation: The Violations Clerk shall be paid in accordance with the Salary Schedule of the Borough. The Violations Clerk performs clerical work which includes receiving and receipting payment of fines and costs; deals with the public in answering inquiries regarding court matters; prepares court schedules; prepares and sends out notices and other court correspondence.
c.
Supervision received. The Violations Clerk works under the general supervision of the Municipal Court Administrator and the Deputy Municipal Court Administrator.
[1]
Editor's Note: This ordinance repealed and replaced former § 2-11.8, Court Attendant. Prior amendments include Ord. #5/30/79, § 10.
[Ord. #5/30/79, § 11]
The Municipal Judge shall sit at such times as he deems proper and necessary to conduct the business of the Court for the effective administration of justice in the Borough of Beachwood subject to the rules applicable to the Municipal Court.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 5/2/73, 9/16/77, 80-3, 81-7, 86-27.
[Ord. #97-11, § 1]
a.
There is hereby established in and for the Borough of Beachwood a Police Department which shall consist of a Chief of Police and such officers as Captains, Lieutenants, Sergeants, Detectives, Patrolmen and Identification Officer. Said governing body shall from time to time determine the number of persons, including temporary officers and members in an emergency, to be appointed to these positions together with their compensation.
b.
The Police Department shall preserve the public peace, protect life and property, detect, arrest and prosecute offenders of the laws of New Jersey and the ordinances of the Borough of Beachwood, direct and control traffic, provide attendance and protection during emergencies, provide appearances in Court, cooperate with all other law enforcement agencies and provide training for the efficiency of its members and officers. The Police Department shall be located in the Municipal Building in the Borough of Beachwood or such Police Headquarters as established by the Borough governing body.
[Ord. #97-11, § 1]
The governing body of the Borough of Beachwood shall be the appropriate authority as provided for in N.J.S.A. 40A:14-118. They shall be responsible for the overall performance of the Police Department and shall adopt and promulgate rules and regulations for the government of the Police Department and for the discipline of its members.
a.
All rules and regulations shall be binding on the members of the Police Department and each member shall thoroughly familiarize himself or herself with them. Each member of the Department shall receive a copy of said rules and regulations and a copy of the rules and regulations or any amendments thereto shall be posted on the departmental bulletin boards and shall be sufficient notice of the contents thereof.
[Ord. #97-11, § 1]
a.
The Chief of Police shall be the head of the Beachwood Police Department and shall be directly responsible to the appropriate authority for its efficiency and day to day operations. Pursuant to policies established by said Mayor and Council, the Chief of Police shall:
1.
Administer and enforce the rules and regulations of the Police Department and any special emergency directive for the disposition and discipline of the Department and its members and officers;
2.
Have, exercise and discharge the functions, powers and duties of the Police Department;
3.
Prescribe the duties and assignments of all members and officers. (Note: All duties and assignments must conform to contractual regulations.)
4.
Delegate such authority as may be deemed necessary for the efficient operation of the Police Department to be exercised under the Chief's discretion and control; and
5.
Report at least monthly to the Mayor and Council in such form as shall be prescribed by the governing body on the operation of the Force during the preceding month and make such other reports as may be requested by the Mayor and Council.
[Ord. #97-11, § 1]
All appointments to any position within the Beachwood Police Department shall be made by resolution of the Mayor with the advice and consent of the Council after consideration of the recommendation of the Chief of Police and all appointments shall be made according to and subject to the laws of the State of New Jersey.
[Ord. #97-11, § 1]
a.
The Mayor, with the advice and consent of the Council, shall appoint a number of Special Police Officers available for assignment to active police duty subject to eligibility criteria and limitations set forth in the "Special Law Enforcement Officers Act."
b.
Classification of Special Police Officers. There shall be the following two classes of Special Police Officers pursuant to law:
1.
Class 1. Officers of this class shall be authorized to perform routine traffic detail, spectator control, and similar duties. Such officers shall have the power to issue summons for disorderly persons offenses, petty disorderly persons offenses, violations of municipal ordinances, and violations of Title 39 of the Revised Statutes. The use of a firearm by an officer of this class shall be strictly prohibited, and no officer of this class shall be assigned any duties which may require the carry of or use of a firearm. There shall be a limit of five officers in this class.
2.
Class 2. Officers of this class are authorized to exercise full powers and duties of a regular police officer. The use of a firearm by such officer may only be authorized upon successful completion of training and instruction as required by law. There shall be a limit of 10 officers in this class.
c.
Compensation. Each Special Police Officer shall receive compensation as provided for in the salary ordinance of the Borough.
d.
Not members of Police Department. No Special Police Officer, by virtue of his appointment as such, shall be or become a member of the Police Department.
e.
Use of firearms and equipment limited. No Special Police Officer shall wear the police uniform except while actually on duty.
f.
Use of private vehicle restricted. No Special Police Officer shall use his private vehicle on official police business unless directly ordered to do so by the Chief of Police, or one acting on his behalf.
g.
Compliance with rules and regulations. Every Special Police Officer, while on duty, shall abide by all the rules and regulations of the Police Department. Any violation of the rules and regulations where the penalty for a Police Officer is a suspension or dismissal, may result in the immediate dismissal of the Special Police Officer.
[Ord. #97-18, § 1]
The following positions are hereby established within the Beachwood Police Department. The positions being established are civilian in character and the persons being appointed to these positions do not have any authority to perform any of the duties of a police officer within the Beachwood Police Department.
a.
Secretary. There is hereby established the position of Secretary. The Secretary, under direction acts as a secretary or aide to the Department or department head; performs complex and responsible clerical work of a varied nature requiring thorough knowledge of the rules and regulations of the Department and does related work as required. The secretary shall be appointed by the Mayor and Council upon recommendation of the Chief of Police.
b.
Police Records Clerk/Senior Clerk Transcriber. There is hereby established the position of Police Records Clerk for the Police Department. The Police Records Clerk shall be responsible for varied clerical work, typing of reports, the processings and preparation of all files and reports to act as custodian of the records of the Police Department. The Police Records Clerk shall also perform such other duties as are required by the Chief of Police or his assignee. The Police Records Clerk shall be appointed by the Mayor and Council upon recommendation of the Chief of Police.
c.
Police Chaplain. There is hereby created the position of Police Chaplain. The Police Chaplain shall be appointed by the Mayor and Council. Any person appointed as Police Chaplain shall be an ordained clergyman in good standing in the religious body from which he/she is selected. The Police Chaplain shall be a Class I Special Officer of the Beachwood Police Department without rank or compensation.
d.
School Crossing Guard. There is hereby created the position of School Crossing Guard. The School Crossing Guard shall be appointed for a term not exceeding one year by the Mayor and Council. To be appointed to the position of School Crossing Guard, an individual must meet the requirements of N.J.S.A. 40A:9-154.1. The School Crossing Guards shall be under the supervision and direction of the Chief of Police. School Crossing Guards shall receive training in accordance with the requirements of N.J.S.A. 40A:9-154.2. A School Crossing Guard shall be responsible for the control and direction of vehicular and pedestrian traffic during those time periods of a school day when it is necessary to control traffic or during any special event or program involving pedestrian crossing whenever it is deemed to be in the best interest of public safety.
e.
Each civilian employee shall receive compensation as provided for in the Salary Ordinance of the Borough of Beachwood.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
a.
No person shall be appointed to the Police Department who is not qualified as provided in the New Jersey Statutes. The Mayor and Council may require that an applicant for appointment to the Police Department successfully complete a physical, mental and psychological examination.
b.
All applicants for positions in the Police Department except Special Officers must be residents of the Borough of Beachwood if they are candidates for permanent police officer or patrolman positions. This ordinance is authorized by N.J.A.C. 4A:4-4.7(a)(7) and requires residency from the closing date of the Civil Service Test and it is to be maintained at least until the date of appointment to a current position in the Beachwood Police Department.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
No member or officer of the Police Department shall be suspended, removed, fined or reduced in rank for any cause other than for incapacity, misconduct or disobedience as provided in the New Jersey Statutes and the Police Department's Rules and Regulations.
[Ord. #97-11, § 1; Ord. #97-18, § 1]
a.
There is hereby established for the Police Department a Departmental Awards Program.
b.
The purpose of the program is to encourage and recognize employee incentive, meritorious achievement and deeds of valor.
c.
Citations and awards shall be made after nomination and approval of awards by the Awards Committee.
d.
The Awards Committee shall consist of one member to be appointed by the Borough Council, one member to be appointed by the Chief of Police, and one member to be appointed from the Police Department by the members of the Police Department.
e.
The symbol of an award to a member of the Police Department shall be worn by none other than the recipient of the award, except in case of posthumous awards.
f.
A record shall be kept of all such awards by the Chief of Police or person in command of a department of which the recipient is a member, and such record shall constitute a part of the service record of the recipient.
g.
The symbol of an award may be worn by the recipient thereof upon his official uniform, upon the left breast thereof above the wearer's official police badge.
[Ord. #97-11, § 1; Ord. #97-18; Ord. #2005-04, § 1]
The fees for copies of Police Reports shall be in accordance with Section 2-27 of the Code of the Borough of Beachwood entitled "Fees for Copies of Municipal Records."
[Ord. #99-07, § 1; Ord. #2004-13, §§ 1, 2; Ord. #2006-13, § 1; amended 6-18-2025 by Ord. No. 2025-06]
Whenever the Chief of Police or his designee determines that extra duty assignments shall be performed for a party requesting private or quasi-public duty, the Chief of Police or his designee shall enter into an agreement as provided and prepared under the direction of the Mayor and Council for extra duty assignments for which the Borough shall be compensated as hereinafter set forth. Such agreement shall be in accordance with the following standards:
a.
The party requesting the assignment shall execute and deliver an agreement in a form approved by the Borough Council by resolution from time to time. The Chief of Police or his designee shall be authorized to execute any such agreement provided it has been submitted in the form approved by resolution.
b.
The Borough shall be responsible to provide all necessary insurance coverage as required by law, including but not limited to worker's compensation, public liability and claims for damage for personal injury, including death or damage to property which may arise or result from the Borough's performance under the contract.
c.
The party requesting the assignment of police officers shall indemnify and hold harmless the Borough from any and all claims made by said police officers for injury or illness while performing extra duty assignments for said party. In addition, the party shall hold the Borough harmless from any and all claims made by any third party for injury, illness or damage to property arising out of the extra duty assignment of a police officer.
d.
Any and all extra duty assignments shall be determined and approved by the Chief of Police or his designee. The Chief of Police or his designee may assign a patrol vehicle for use in performing extra duty if and in the event it is determined that the use of a patrol vehicle is necessary to perform the contracted duty.
e.
All special duty assignments shall be within the municipality unless specific written approval is given by the Chief of Police to the officer to work outside of the municipality. If no municipal officers are available to work on special duty assignments within the municipality, the Chief of Police may contact adjoining municipal police departments to see if they are willing to perform such special assignments.
f.
The work to be performed shall be considered "special assignment from independent contractors" and will not be considered direct assignment or duty on the job through the Borough. The taking of any and all extra duty assignments shall be on a voluntary basis in accordance with a system established and administered by the Chief of Police.
g.
The Chief of Police has the authority to order any police officer to vacate or terminate any special duty assignment in response to emergency situations or whenever the assignment creates an unacceptable risk to health, safety and welfare of the police officer and/or the public in the sole determination and discretion of the Chief of Police. The contractor shall not be responsible for any compensation for the time that the police officer is away from the special duty assignment and shall have no claim for any costs or damages against the municipality, the Chief of Police or the police officer arising from the termination of special duty assignment other than the prorated return of any costs prepaid to the Borough or to the municipality.
h.
Prior to any special duty assignment, the individual of the corporation requesting said off-duty employment shall be required to give an estimate of the amount of hours and the time that will be needed and pay to the Borough said estimated sum in advance to be held in an escrow account by the Borough for said purpose. Any additional payments due under such agreement shall be paid 15 days from date of billing. Interest shall be charged at the rate of 12% per annum on any amount billed for which payment has not been made within 15 days. The delinquent party shall be liable for all costs, fees and attorney's fees associated with the collection of any amounts due.
i.
The rate for special details, including but not limited to traffic, security, athletics, and community events, but not including events for which the Borough is not reimbursed, will be paid $115.00 per hour if the assignment is voluntary. As requested, pursuant to this subsection, it shall be $115.00 per hour with a four-hour minimum. Of this rate, $10.00 shall be allocated to the Borough of Beachwood for administrative fees, $5.00 shall be allocated to PBA Local 253 and the remaining $100.00 to the officer.
The rate for special details that fall between 7:00 p.m. and 7:00 a.m., as requested, pursuant to this subsection, it shall be $125.00 per hour with a four-hour minimum. Of this rate, $10.00 shall be allocated to the Borough of Beachwood for administrative fees, $5.00 shall be allocated to PBA Local 253, and the remaining $110.00 to the officer.
The rate for police security involving the Toms River Regional School District shall be $55.00 per hour. Of this rate, the police will be paid at the rate of $55.00 per hour.
[Added 4-1-2020 by Ord. No. 2020-02]
There is hereby established a K-9 Division within the Police Department of Beachwood as follows:
a.
The K-9 officer shall be solely and fully responsible for all costs associated with the feeding, care, and/or maintenance of the canine.
b.
The K-9 officer shall be solely and fully responsible for the payment of any medical or veterinarian services, including medications, associated with the canine.
c.
Unless the K-9 officer pays the invoice/bill directly with the service provider or supplier, the K-9 officer shall provide the Borough with the necessary funds needed to pay for any bills, invoices, or expenses resulting from the canine for which the Borough has been served an invoice/bill.
d.
Should the Borough receive any grant for its canine program, the Borough shall use any such money received from the grant towards the care, maintenance, equipment, training, and/or feeding of the canine within the canine program.
e.
However, the receipt of any such grant or use of any grant money by the Borough toward the care, maintenance, and/or feeding of the canine within the canine program shall not be deemed a waiver of, or eliminate the K-9 officer's obligation to provide the necessary funds for the canine's care, maintenance, equipment and/or feeding of the canine within the canine program.
a.
In compliance with Fair Labor Standards Act regulations, all parties agree the daily amount of time necessary for the care, feeding, and maintenance of the canine while said K-9 officer is at home shall be equal to 30 minutes per day, or 3.5 hours per week. Unless otherwise agreed upon between the Borough and PBA, travel to and from any facility for medical or veterinarian care/services shall be considered a part of the care provided during the thirty-minute period.
b.
The K-9 officer acknowledges there will be no additional compensation or stipend for the care, maintenance and feeding of the dog above the 30 minutes per day outlined in the agreement. The K-9 officer specifically waives any claim for additional compensation for the care, maintenance and/or feeding of the canine, as he specifically and expressly acknowledges the Borough is providing said officer 30 minutes per day to care, maintain and/or feed the canine.
a.
The schedule of the K-9 officer shall be under the direct control of the Chief of Police or designee appointed by the Chief of Police, or his designee.
a.
So long as the K-9 program is continued by the Borough, the Borough will provide liability coverage for the K-9 officer in accordance with state statutes.
a.
The Borough shall have the unilateral right to terminate the K-9 program within the Borough for any reason, including but not limited to the Borough incurring any expense(s). However, a failure on the part of the Borough to immediately terminate the K-9 program upon any expenses being incurred by it does not represent an abandonment of the Borough's unilateral right.
If any section, subsection, sentence, clause, phrase or portion of this section is for any reason declared invalid or unconstitutional by any court or federal or state agency of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
All ordinances or resolutions or parts of ordinances or resolutions inconsistent herewith are hereby repealed to the extent of such inconsistency.
This section shall become effective upon publication as required by law.
[Ord. #7/5/73, § 1]
Establishment of Unified Company. The Beachwood Volunteer Fire Department shall hereafter be, at all times, under the control and supervision and subject to the orders of the Mayor and Council of the Borough of Beachwood, and shall consist of one volunteer company, Beachwood Volunteer Fire Company No. 1.
[Ord. #7/5/73, § 2]
The Fire Department shall be under the general supervision of the Director of Law and Public Safety.
[Ord. #7/5/73, § 3]
The Fire Department shall consist of a Chief, First Assistant Chief, Captain, First and Second Lieutenants and as many firemen as are hereby provided for.
[Ord. #7/5/73, § 4]
The Chief shall have complete and full direction of the equipment and personnel of the Department at all fires and when otherwise on duty. In the absence of the Chief, the seniority indicated in the official titles shall remain.
[Ord. #7/5/73, § 5]
The officers of the Department shall be elected on the second Friday of December of each year, all active members of the Department in good standing being eligible to vote. Voting shall be conducted by ballot and the candidate for each office receiving the highest number of votes shall be declared elected.
[Ord. #7/5/73, § 6]
Formal charges of misdemeanor or unbecoming conduct, looking to the imposition of a fine, suspension or removal of any officer or fireman in the Department shall be heard by the officers of the Department. Such charges shall be in writing, served upon the officer or fireman involved, who shall have an opportunity to be heard. Original jurisdiction is conferred upon the officers of the Department.
[Ord. #7/5/73, § 7]
There shall be held annually one official inspection of the Fire Department by the Mayor and Council, which shall be held at such time as the Mayor shall designate.
[Ord. #7/5/73, § 8]
It shall be the duty of the Borough Clerk to keep a complete roll of the active and exempt members of the Fire Department, designating their date of admission, age, occupation, residence and resignation.
[Ord. #7/5/73, § 9]
No person excepting the members of the Department or janitors of the buildings shall be allowed to enter any firehouse or handle any apparatus or implements belonging to the Department.
[Ord. #7/5/73, § 10]
No apparatus, during any alarm of fire, shall be taken from its house by anyone other than a member of the Fire Department.
[Ord. #7/5/73, § 11]
No fire apparatus shall be taken out of the limits of the Borough except as provided by rules of the Fire Department.
[Ord. #7/5/73, § 12]
a.
Exemption certificates will be granted to those members of the Fire Department who have served the time prescribed by law. Members will not be granted exemption certificates unless they have served the required time and have also performed the yearly fire duty required of them for a period equal in years to the number of years required by the laws of the State of New Jersey before exemption will be granted.
b.
Certificates will be ordered by the Mayor and Council upon recommendation of the Commissioner of Public Safety, the Fire Chief and the officers of the Department and will be signed by the Mayor and attested by the Borough Clerk. The time served and the average of membership must be certified by the Borough Clerk.
[Ord. #7/5/73, § 13]
No person or persons shall drive any vehicle over any hose or other apparatus, nor willfully handle and do violence to any member of the Fire Department or any official of the Borough in the performance of his duty at a fire, or in going to or returning from a fire or alarm of fire, or in charge of any apparatus, nor shall any person or persons raise, create or continue a false alarm of fire.
[Ord. #2002-13, §§ 1-3; Ord. #2008-22 §§ 1,2]
a.
Created. A Length of Service Awards Program (LOSAP) is hereby created in accordance with Public Law 1997, Chapter 388 (N.J.S.A. 40A:14-183 et seq.) to reward the members of the Beachwood Volunteer Fire Company No. 1, Inc. for their years of loyal, diligent and devoted service to the residents of the Borough of Beachwood.
b.
The LOSAP shall provide for fixed annual contributions to the deferred income account for each member of the Beachwood Volunteer Fire Company No. 1, Inc. that meets the criteria set forth below. Such contributions shall be made in accordance with a plan that shall be established by the Borough of Beachwood pursuant to P.L. 1997, c.388, and shall be administered in accordance with the laws of the State of New Jersey, the U.S. Internal Revenue Code and this subsection. Said initial Plan Point System is included as an attachment to this chapter as Schedule A.
c.
The LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
d.
The maximum amount of annual contribution as established by the within subsection shall increase on a yearly basis in accordance with N.J.A.C. 5:30-14.9. The within Consumer Price Index adjustment shall be retroactive to the first full year following the year of implementation of the within program by the Borough of Beachwood.
[1]
Editor's Note: Length of Service Awards Program (LOSAP) was approved by the electorate at the election of November 5, 2002.
[Ord. #9/6/72, § 1]
There is hereby created a public body corporate and politic in the Borough to be named the "Beachwood Sewerage Authority" pursuant to the provisions of an Act of the legislature of the State of New Jersey (P.L. 1946, c. 148, p. 639) known as the "Sewerage Authorities Law," as amended and supplemented.
[Ord. #9/6/72, § 2]
The membership of the Beachwood Sewerage Authority shall consist of five citizens of the Borough who shall be appointed by resolution of the Borough Council as hereinafter provided.
[Ord. #9/6/72, § 3]
The Beachwood Sewerage Authority hereby created shall be an agency and instrumentality of the Borough and shall have all of the powers conferred by the Sewerage Authorities Law upon sewerage authorities generally.
[Ord. #9/6/72, § 4]
The Beachwood Sewerage Authority shall consist of five citizens of the Borough appointed as aforesaid. The members first appointed shall be designated to serve for terms respectively, expiring on the first day of the first, second, third, fourth and fifth Februarys next ensuing after the date of their appointment. On or after January 1 in each year after such first appointments, one person shall be appointed as a member to serve for a term commencing on February 1 in such year and expiring on February 1 in the fifth year thereafter. In the event of a vacancy in the membership of the Authority occurring during an unexpired term of office, a person shall be appointed as a member of the Authority to serve for such unexpired term. Each member shall hold office for the term for which he was appointed and until his successor has been appointed and has qualified.
[Ord. #9/6/72, § 5]
A copy of this chapter and a copy of each resolution appointing any member or members of the Beachwood Sewerage Authority, duly certified by the Borough Clerk, shall be filed in the Office of the Secretary of the State of New Jersey.
[Ord. #9/6/72, § 6]
No member, officer or employee of the Beachwood Sewerage Authority shall have or acquire any interest, direct or indirect in the sewerage system or in any property included or planned to be included in the sewerage system or in any contract or proposed contract for materials or services to be furnished to or used by the Sewerage Authority, but neither the holding of any office or employment in the government of the Borough or under any law of the State of New Jersey nor the owning of any property within the State of New Jersey shall be deemed a disqualification for membership in or employment by the Beachwood Sewerage Authority. Members of the governing body of the Borough may be appointed by such governing body and may serve as members of the Beachwood Sewerage Authority.
[Ord. #9/16/77, § 1; Ord. #2005-27, § 1]
The maximum salary for the Chairman of the Beachwood Sewerage Authority shall be $2,100 for any one calendar year, and the maximum salary for members of the Sewerage Authority shall be $1,800 for any one calendar year. The Beachwood Sewerage Authority may set actual salaries for individual members as long as they do not exceed the above maximum amounts, inclusive of reimbursements, in any one calendar year.
[Ord. #9/6/72, § 8]
Upon the initial appointment of the members of the Beachwood Sewerage Authority and thereafter, on or after the first day of February in each year, such members shall elect from among the members a Chairman and a Vice Chairman who shall hold office until the first day of February next ensuing and until their respective successors have been appointed and have qualified.
[Ord. #9/6/72, § 9]
The Beachwood Sewerage Authority shall annually cause an audit of the accounts of the Authority to be made and filed with the Authority and, for such purpose, the Authority shall employ a registered municipal accountant of New Jersey or a certified public accountant of New Jersey. Such audit shall be completed and filed with the Authority within four months after the close of the fiscal year of the Authority, and a certified duplicate thereof shall be filed with the Director of the Division of Local Government in the Department of the Treasury within five days after the original report is filed with the Authority.
[Ord. #9/6/72, § 10]
Nothing herein contained shall be construed as limiting or restricting any of the powers and duties conferred upon sewerage authorities created pursuant to the aforesaid Act and such Authority shall enjoy all of the statutory powers and duties as specifically set forth in N.J.S.A. 40:14A-7 and as the same may be amended and supplemented.
[Ord. #9/19/73, § 12-1]
There is hereby established and created, in the Borough of Beachwood, a local industrial commission to be known as "The Industrial Commission of the Borough of Beachwood."
[Ord. #9/19/73, § 12-2]
The Industrial Commission shall consist of seven members and shall be a body corporate having the general and specific powers, purposes, functions, additional powers and limitations of powers as set forth in R.S. 40:55B-7, R.S. 40:55B-8 and R.S. 40:55B-10.
[Ord. #9/19/73, § 12-3]
Members of the Commission shall be appointed by the Mayor. Each member shall be, for the last five years preceding his appointment, a citizen of the United States and a qualified voter of the State of New Jersey. One member shall be appointed for one year, one member for two years, one member for three years, two members for four years and two members for five years. At the expiration of each of the above terms, the new member or members shall be appointed for a term of five years. Vacancies for members in the Commission, occurring for whatever cause, shall be promptly filled by appointment by the Mayor for the unexpired term thereof. Members shall serve for their respective terms and until their successors are appointed and qualified.
[Ord. #9/19/73, § 12-4]
Each member of the Commission shall be chosen with a special view to his qualifications and fitness to serve on the Commission. He shall have had experience in industry or commerce if possible, shall be conversant with the industrial needs and facilities of the Borough and shall be of known devotion to public service.
[Ord. #9/19/73, § 12-5]
No member, officer or employee of the Commission shall be interested directly or indirectly in any contracts for work or materials used by the Commission or in any sales, leases or agreements in connection with lands, buildings or other property owned or controlled by it, or in any fees or compensation of any kind paid to any broker, architect, engineer, merchant or other person doing business with the Commission, or in any other transaction of or with the Commission or the benefits or profits thereof.
[Ord. #9/19/73, § 12-6]
Each member and officer of the Commission shall before assuming office, make and subscribe an oath that he will faithfully and impartially discharge the duties of his office. The members and officers of the Commission shall serve without compensation but each shall receive his actual disbursements for his expenses in performing his duties.
[Ord. #9/19/73, § 12-7]
The members and officers of the Commission may be required to furnish bonds to the Commission to secure the faithful discharge of their duties in form, amount and with such surety as may be required by resolution of the Mayor and Council.
[Ord. #9/19/73, § 12-8]
The members of the Commission shall choose annually from among its members a Chairman and such officers as it may deem necessary. The Mayor shall be an ex officio member of the Commission. A majority of the members of the Commission shall constitute a quorum.
[Ord. #9/19/73, § 12-9]
The Commission is hereby authorized to employ such employees and assistants as it shall deem necessary or desirable to accomplish its duties and purposes, and to fix their compensation within the limitations of the funds appropriated by the Mayor and Council to its use. The Commission shall be bound by the provisions of R.S. 40:55B-6 in the employment of employees and assistants, use of Municipally owned office space and equipment, and shall make maximum use of Municipal employees, office space, equipment and professional assistants as therein provided. Borough employees serving the Commission shall do so without compensation other than their regular compensation as employees of the Borough. The several departments of the Borough shall be available to the Commission for the purpose of Commission business.
[Ord. #9/19/73, § 12-10]
In addition to the general powers, purposes, functions, additional powers and limitations on powers which the Commission by law shall enjoy and exercise, the Commission shall make a study of the tax structure of the Borough with the view of reducing the tax burden of the Borough.
[Ord. #9/19/73, § 12-11]
The Commission shall make an annual report to the Mayor and Borough Council, setting forth in detail its operations and transactions for the preceding 12 months.
[Added 4-17-2024 by Ord. No. 2024-04]
There is hereby created within the Borough of Beachwood a Committee to be known as "The Recreation Committee" to consist of five residents of the Borough of Beachwood.
[Added 4-17-2024 by Ord. No. 2024-04; amended 5-21-2025 by Ord. No. 2025-05]
The Mayor of the Borough of Beachwood, with consent of Council, shall appoint the members of the Committee as follows: two members each for a three-year term; six members each for a two-year term; and one member for a one-year term. Thereafter, all appointments shall be for a term of three years, except that any appointment to a vacancy created by other than the expiration of the term shall be filled for the unexpired term only. The Mayor and Council may remove any member of the Committee for cause, upon written charges served upon the member and after hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel. A vacancy on the Committee shall be filled for the unexpired term in the same manner as an original appointment. The Committee shall designate one of its members to serve as Chair Person or Presiding Officer of the Committee.
a.
Membership to the Committee shall be conditioned to a successful Police background check annually for motor vehicle licensing and criminal background.
b.
Volunteers, as non-members, may join the Committee following successful Police background checks on an annual basis for motor vehicle licensing and criminal background.
The members of the Committee shall serve without compensation and until their respective successors are appointed and shall qualify.
The Recreation Committee shall keep records of its meetings and activities and shall make an annual report thereof to the Mayor and Council.
The Mayor and Council shall authorize funds for the expenses of the Recreation Committee. The Borough Council shall appropriate funds for the purchase of items for activities held by the Committee.
Nothing contained in this section shall be held to take away or diminish any of the powers or authority of the Mayor and Council in relation to recreational matters within the Borough of Beachwood that are within its jurisdiction or to give any other Committee or Board any power or authority with respect to said matters.
Each section, subsection, sentence, clause and phrase of this section is declared to be an independent section, subsection, sentence, clause and phrase and the finding or holding of any such portion of this section to be unconstitutional, void or ineffective for any cause, or reason, shall not affect any other portion of this section.
This section repeals any inconsistent Ordinance or Ordinances or part or parts thereof.
This section shall be effective upon public hearing and adoption as of April 17, 2024.
Former Section 2-17, Environmental Commission, previously codified herein and containing portions of Ordinance No. 9/19/73, was repealed by Ordinance No. 2012-03 and replaced with the Environmental and Shade Tree Committee.
[Ord. #2012-03, § 3]
There is hereby created within the Borough of Beachwood a Committee to be known as The Environmental and Shade Tree Committee.
[Ord. # 2012-03, § 4]
The Environmental and Shade Tree Committee is hereby established for the purpose of recommending the promotion of conservation and the protection and development and/or the use of natural resources including water resources within the Borough. It is further the purpose of the Committee to recommend programs and plans for the consideration of the Borough Council with respect to the purchase, plan and care, rearing, trimming, preserving and control of the shade trees and ornamental trees of the Borough. They shall further consult on a regular basis with the Council liaison to the Public Works Department. They shall encourage arboriculture.
[Ord. # 2012-03, § 5]
The Environmental and Shade Tree Committee shall review the use and possible use of open lands within the Borough and may advertise, prepare and print pamphlets, charts and maps with the preapproval of the Borough Council. Those pamphlets, charts and maps shall also be applicable to the purchase, planting and care, rearing, trimming, preservation and control of shade trees or ornamental trees within the Borough. The Environmental and Shade Tree Committee shall prepare and keep an index of all open areas, whether publicly or privately owned, including open marsh lands, swamps and other wetlands in order to obtain information on the proper use of these areas. As part of said index they shall also note any and all significant shade trees and ornamental trees located thereon. They shall not, however, enter upon private properties without the express permission of the property owners.
The Committee may recommend to the Borough Land Use Board their input on the inclusion of plants or programs for the Borough's Master Plan. They also may recommend to said Land Use Board and the Mayor and Council programs for the use of any areas, marsh lands and wetlands within the Borough, as well as any areas containing or conducive to the planting and maintenance of shade trees and ornamental trees, together with recommendation for their care.
[Ord. # 2012-03, § 6]
In the event the Borough acquires any real property, the Environmental and Shade Tree Committee may recommend the use and care of said property in furtherance of the purposes of the Shade Tree and Environmental Committee.
[Ord. # 2012-03, § 7]
The Environmental and Shade Tree Committee shall keep records of its meetings and activities and shall make an annual report thereof to the Mayor and Council.
[Ord. # 2012-03, § 8]
The Mayor and Council may authorize funds for the expenses of the Environmental and Shade Tree Committee. The Committee may appoint such clerks and other employees as it may require and as shall be within the limits of the funds so appropriated by the Borough Council for the operation of the Committee. The Borough Council may also appropriate funds for the purchase of trees and shrubbery, the purchase of necessary equipment and materials and for the costs of any other related service for the preservation of trees and shrubbery.
[Ord. #2012-03, § 9]
The Environmental Shade Tree Committee shall consist of five members who shall be appointed by the Mayor with the approval of the Borough Council, all of whom shall be residents of the Borough and one of whom shall be a member or alternate member of the Land Use Board. The members of the Committee shall serve without compensation except if provided elsewhere in this Ordinance. The Committee shall designate one of its members to serve as Chairman or Presiding Officer of the Committee. The terms of office of the first committee member shall be appointed for one, two or three years, to be designated by the same method as appointment so that the terms of approximately 1/3 of the members will expire each year, and their successors shall be appointed for terms of three years and until the appointment and qualification of their successors. The Mayor and Council may remove any member of the Committee for cause, upon written charges served upon the member and after hearing thereon, at which hearing the member shall be entitled to be heard in person or by counsel A vacancy on the Commission shall be filled for the unexpired term in the same manner as an original appointment.
[Ord. # 2012-03, § 10]
The Borough Council shall have the power to:
a.
Regulate and control the use of the grounds surrounding the shade and ornamental trees and shrubbery, so far as may be necessary for their proper growth, care and protection and to protect all environmental attributes as noted by the Committee;
b.
Move or require the removal of any tree or part thereof dangerous to public safety; and
c.
Administer treatment to or remove any tree situate upon private property which is believed to harbor a disease or insects readily communicable to neighboring healthy trees in the care of the Municipality, and enter upon private property for that purpose, with the consent of the owner thereof, provided this suspected condition is first confirmed by a certificate of the Department of Agriculture or by a Borough Professional holding a degree in arboriculture
[Ord. # 2012-03, § 11]
a.
The initial costs of all trees planted by the Borough, the cost of planting the same, the cost of the post and boxes or guards used for the protection of the trees, and the cost of the removal of any tree or part thereof dangerous to public safety shall, if so determined by the Borough Council, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. No charge shall be made against the property or the owner thereof where a planting to replace a tree or trees previously planted by the Borough is done, or where a planting is made in connection with commemorative ceremony instigated by the Borough, or where a planting is made in connection with any educational demonstration.
b.
Any cost assessed as provided in this section shall be paid by the owner to the Borough Clerk. Upon failure of the owner to make payment to the Borough Clerk, the Borough Clerk shall certify the cost to the Tax Collector, and the cost assessed shall thereupon become a lien upon the real estate and shall be included in the next tax bill rendered to the owner or owners thereof and be collected in the same manner as other taxes against that property.
[Ord. # 2012-03, § 12]
Nothing contained in this section shall be held to take away or diminish any of the powers or authority of the Mayor and Council in relation to environmental matters including the preservation, care and protection of shade trees and ornamental trees within the Borough of Beachwood that are within its jurisdiction or to give any other Committee or Board any power or authority with respect to said matters.
Former Section 2-18, Board of Health, previously codified herein and containing portions of Ordinance 2/21/73 was repealed in its entirety by Ordinance No. 2008-04.
Former Section 2-19, Shade Tree Advisory Committee, previously codified herein and containing portions of Ordinance 9/19/73 was repealed by Ordinance No. 2012-03. See Section 2-17, Environmental and Shade Tree Committee.
[Ord. #8/20/76, § 1; New]
Pursuant to N.J.S.A. 40A:5-17, the manner in which claims for payment by the Borough shall be approved or disapproved shall be as follows:
a.
All claims for payment shall be submitted on standard Borough of Beachwood forms which shall be made available by the Borough upon request.
b.
Upon receipt of a payment claim the Borough shall screen the claim to ensure that the voucher form is properly executed and accompanied by appropriate bills, receipts or other documentation. In the event the voucher form is incomplete, improperly certified or improperly documented, the Borough shall notify the claimant of the deficiency and request resubmission of the claim.
c.
Properly executed and documented voucher forms shall be forwarded to the treasurer who shall determine that the claim is justified on the voucher and who shall then forward the voucher to the Councilman in charge for review and signature.
d.
It shall be forwarded to the Borough Treasurer who shall make note of what appropriation fund will be affected and ensure that sufficient moneys are available in that fund to make payment.
e.
The Borough Treasurer shall then submit the claim to the Borough Council at its next regular meeting.
f.
All claims for payment shall be finally approved or disapproved by resolution of the Mayor and Council.
g.
All claims approved for payment shall be forwarded to the Borough Treasurer for issuance of an appropriate check. All claims for payment which have been disapproved shall be returned to the claimant together with a brief explanation therefor.
[Ord. #2000-10, § 1]
The Borough Treasurer is hereby given authority to approve claims for payment when it is not convenient for the Borough Council to do so and in accordance with all Borough policies for the approval and processing of purchase orders and payment of claims including but not limited to the following:
a.
The claims have been presented for payment pursuant to the Borough's purchase order policies and procedures.
b.
Subsequent to the approval, the claim shall be presented to the governing body in a bill list form and shall be reviewed and signed authorizing payment by a majority of the governing body.
c.
Upon the completion of the above procedures and all other normal purchase order procedures of the Borough of Beachwood, the claim may be paid in accordance with the provisions set forth in N.J.S.A. 40A:5-17b.
d.
The bill list shall be ratified at the next meeting of the governing body.
[Ord. #8/20/76, § 2; New]
The method of disbursing moneys for payment of claims approved shall be as follows: by check drawn on the Treasury of the Borough after having been signed by the Mayor or other designated official of the Borough of Beachwood and countersigned by the Treasurer or other custodian of funds of the Borough.
[Ord. #12/18/59; Ord. #9/19/73, 1973 Code § 15-1]
A checking account shall be established in the name of the Borough of Beachwood, and designated as "Payroll Account," for the payment of the regular salaries of the officers and employees of the Borough.
[Ord. #12/18/59]
The moneys appropriated or to be appropriated for such salaries, under the budget and in accordance with the Statutes and ordinances controlling the same, shall be transferred from the general account to the payroll account.
[Added 3-20-2024 by Ord. No. 2024-01[1]]
Mandatory direct deposit of net pay for all employees and elected officials of the Borough of Beachwood shall be made to the specific banking institution(s) or via pay card provided by each employee or elected official pursuant to N.J.S.A. 52:14-15 effective for payroll on April 12, 2024.
[1]
Editor's Note: Former § 2-21.4, Mayor Authorized to Sign Payroll Checks, was repealed 3-20-2024 by Ord. No. 2024-01. Previous history includes: Ord. #9/19/73, 1973 Code, § 15-5; Ord. No. 89-15.
[Ord. #84-21, § 1]
The purpose of this section is to adopt an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the Office of Revenue Sharing's regulations (31 C.F.R. 51.55(d)(2)) implementing Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794). Section 504 states, in part, that "no otherwise qualified handicapped individual...shall, solely by reason of his handicap, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal revenue sharing assistance...."
[Ord. #84-21, § 2]
Complaints should be addressed to the Borough Clerk, Beachwood, New Jersey, who has been designated to coordinate Section 504 compliance efforts.
a.
A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
b.
A complaint should be filed within seven days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination occurring before this grievance procedure was in place will be considered on a case-by-case basis.)
c.
An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation will be conducted by Borough Clerk. These rules contemplate informal but thorough investigations affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. Under 31 C.F.R. 51.55 (d)(2), the Borough of Beachwood need not process complaints from applicants for employment or from applicants for admission to post-secondary educational institutions.
d.
A written determination as to the validity of the complaint and description of resolution, if any, shall be issued by the Borough Clerk, and a copy forwarded to the complainant no later than seven days after its filing.
e.
The Section 504 coordinator shall maintain the files and records of the Borough relating to the complaints filed.
f.
The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within seven days to the Borough Clerk.
g.
The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a Section 504 complaint with the Office of Revenue Sharing, U.S. Department of the Treasury. Utilization of this grievance procedure is not a pre-requisite to the pursuit of other remedies.
h.
These rules shall be construed to protect the substantive rights of interested persons, to meet appropriate due process standards and to assure that the Borough of Beachwood complies with Section 504 and the ORS regulations.
[Ord. #86-24; Ord. #89-17; Ord. #92-09]
a.
Certain Federal funds are potentially available to a County under Title I of the Housing and Community Development Block Grant Program.
b.
It is necessary to establish a legal basis for the County and its people to benefit from this program.
c.
An agreement has been proposed under which the Borough of Beachwood and the County of Ocean in cooperation with other municipalities will establish an Interlocal Services Program pursuant to N.J.S.A. 40:8A-1 et seq.
d.
It is in the best interest of the Borough of Beachwood that the attached agreement[1] is hereby approved and the appropriate Municipal Officials are hereby authorized and directed to execute same in accordance with the provisions of law.
[1]
Editor's Note: A copy of the agreement referred to herein can be found on file in the office of the Borough Clerk, attached to and made a part of Ordinance No. 89-17.
[Ord. #89-12; Ord. #91-08]
a.
The Mayor and Clerk of the Borough of Beachwood are hereby authorized and directed to enter into and execute an Interlocal Services Agreement with the County of Ocean for the provision of certain road maintenance and repair services in the Borough of Beachwood as more specifically set forth therein.
b.
A copy of that agreement is on file and available for public inspection at the Borough Clerk's office which is located at 315 Atlantic City Boulevard, Beachwood, New Jersey, any weekday between the hours of 9:00 a.m. and 4:00 p.m.
d.
A copy of Ordinance No. 89-12 with the agreement annexed thereto shall be kept on file in the Borough Clerk's office.
[Ord. #91-12, §§ 1-6; Ord. #94-14, §§ 1-6]
a.
Purpose. The purpose of the within section is to authorize the Borough of Beachwood to execute an Interlocal Services Agreement with the Township of Berkeley pursuant to N.J.S.A. 40:8A-1 et seq. in order to allow the Township to provide animal warden services for the Borough of Beachwood.
b.
Authorization. The within section authorizes the Mayor and Borough Clerk to execute an Interlocal Services Agreement with the Township of Berkeley wherein the Township will provide animal warden services for the Borough.
c.
Duration. The within agreement authorizes a contract from January 1, 1994 through December 31, 1995.
d.
Consideration. The consideration of the within authorized contract shall be the sum of $9,129 for year 1994. The sum of $9,540 for year 1995.
e.
Contract on file. A copy of the contract between the Borough of Beachwood and the Township of Berkeley is available for public inspection at the Borough Clerk's Office, 315 Atlantic City Boulevard, Beachwood, New Jersey and may be inspected weekdays between the hours of 9:00 a.m. and 4:00 p.m. by calling 286-6000.
f.
This section shall take effect immediately upon its final passage and publication as required by law.
[1]
Editor's Note: Former subsection 2-23.5, Hearings Pursuant to "Vicious Dog Act," previously codified herein and containing portions of Ordinance Nos. 91-19 and 92-08 was repealed in its entirety by Ordinance No. 97-22. See subsection 5-1.21 Vicious Dogs Designated; Complaints; Hearings; Muzzling.
[Ord. #92-05, § 1-3]
a.
Purpose. The purpose of this subsection is to authorize the Borough of Beachwood to enter into an Interlocal Services Agreement whereby the County of Ocean, will provide composting services in accordance with the attached agreement between the County and the Borough of Beachwood.
b.
Authorization. With the adoption of this subsection, the Mayor and Clerk are authorized to execute the attached agreement between the County of Ocean and the Borough of Beachwood. Said agreement shall run for a term of four years or until March 31, 1996. Said agreement lists the duties and responsibilities of both the Borough of Beachwood and the County of Ocean in connection with leaf composting in accordance with the Mandatory Recycling Act as adopted by the State of New Jersey.
c.
Copy on file. From and after the date of introduction of the within subsection, a copy of the agreement between the County of Ocean and the Borough of Beachwood shall be on file in the Borough Clerk's Office for public inspection Monday through Friday between the hours of 9:00 a.m. to 4:00 p.m. The terms of said contract shall be considered as part of the within subsection.
[Ord. #92-07, §§ 1-3]
a.
Purpose. The purpose of this subsection is to authorize the Borough of Beachwood to enter into an Interlocal Services Agreement whereby the County of Ocean, will provide emergency telecommunication services in accordance with the attached agreement between the County and the Borough of Beachwood.
b.
Authorization. With the adoption of this subsection, the Mayor and Clerk are authorized to execute the attached agreement between the County of Ocean and the Borough of Beachwood. Said agreement shall run for a term of three years or until June 1, 1995. Said agreement lists the duties and responsibilities of both the Borough of Beachwood and the County of Ocean in connection with The Emergency Telecommunications Services Act, N.J.S.A. 52:17C-1 et seq. as adopted by the State of New Jersey.
c.
Copy on file. From and after the date of introduction of the within subsection, a copy of the agreement between the County of Ocean and the Borough of Beachwood shall be on file in the Borough Clerk's Office for public inspection Monday through Friday between the hours of 9:00 a.m. to 4:00 p.m. The terms of said contract shall be considered as part of the within subsection.
[Ord. #92-15, §§ 1-3; Ord. #94-01, §§ 1,2; Ord. #94-07, §§ 1,2]
a.
Agreement. This subsection provides for the Borough of Beachwood to join with the Borough of Pine Beach and the Township of Berkeley for the joint provision of the services required pursuant to the General Public Assistance Law, N.J.S.A. 44:8-107 through 145. It is further agreed that the Township of Berkeley shall provide the actual Local Assistance Board and Director of Welfare requirements for all three municipalities in accordance with an agreement to be amended on an annual basis as agreed by Beachwood, Pine Beach and Berkeley Township.
b.
Term. The within subsection authorizes a continuing term for said General Public Assistance Law purposes for a period of two years. The agreement itself and any modifications thereof on an annual basis shall be kept on file in the offices of the Beachwood Borough Clerk for inspection during normal business hours at 315 Atlantic City Boulevard, Beachwood, New Jersey.
[Ord. #93-01]
a.
Purpose. Municipalities of the State are empowered to provide or to contract for first aid and emergency or voluntary ambulance or rescue squad services for the residents of the municipality; and N.J.S.A. 40:8A-1 et seq., 40:5-2 and 40:48B-1 et seq. authorizes interlocal or consolidated municipal services and contributors by one or more municipalities to a duly incorporated first aid and emergency or volunteer ambulance or rescue squad.
The governing bodies of the Boroughs of Beachwood and of Pine Beach have found and determined that the residents of the two boroughs would be best served by the means of an Interlocal Services Agreement.
b.
Authorization. The Mayor and Borough Attorney are authorized to negotiate an Interlocal Services Agreement between the Boroughs of Beachwood and Pine Beach for provisions of first aid and ambulance services which shall include terms of contributions to be made by each borough toward annual operating costs, insurance premiums and capital contributions toward the purchase of approved equipment.
c.
Term; copies on file. The term of this agreement shall run for a period of five years commencing with the adoption of this subsection and upon execution of said agreement, copies will be made available for public inspection in the offices of the Municipal Clerk of the Borough during normal hours of operation.
d.
Execution. The Mayor and Clerk are hereby authorized to execute the contemplated contract following passage of a resolution of the governing body of each respective community, approving the terms of the contract and the expenditures required pursuant to same.
[Ord. #93-18, § 1; Ord. #99-05, §§ 1-9]
a.
Mutual Aid Agreements--Established. Pursuant to N.J.S.A. 40A:14-156, 40A:14-156.1 et seq., there are hereby established mutual aid agreements among and between the Borough of Beachwood and each of the following municipalities in the County of Ocean, New Jersey, which shall become effective upon the adoption by one or more of the noted municipalities (hereinafter referred to as "participating municipalities") of reciprocal ordinances to provide mutual aid in police services in case of emergency.
Township of Barnegat — Borough of Barnegat Light — Borough of Bay Head — Borough of Beach Haven — Township of Berkeley — Township of Brick — Township of Dover — Borough of Harvey Cedars — Borough of Island Heights — Township of Jackson — Township of Lacey — Borough of Lakehurst — Township of Lakewood — Borough of Lavallette — Township if Little Egg Harbor — Township of Long Beach — Township of Manchester — Borough of Mantoloking — Borough of Ocean Gate — Township of Ocean — Borough of Pine Beach — Township of Plumsted — Borough of Point Pleasant — Borough of Point Pleasant Beach — Borough of Seaside Heights — Borough of Seaside Park — Borough of Ship Bottom — Borough of South Toms River — Township of Stafford — Borough of Surf City — Borough of Tuckerton and Township of Eagleswood.
This agreement shall apply whenever this municipality may have an emergency within its boundaries requiring additional police assistance to protect life and property, and whenever any of the aforementioned municipalities may experience a similar emergency.
b.
Emergency--Defined S.O.P. For purposes of this section, the term "emergency" shall be defined to include situations in which the number of available police officers, in a participating municipality is insufficient to meet the public need in a particular situation and situations where police aid involving special expertise or training is required in order to protect life and property or to assist in suppressing a riot or disorder. No formal declaration of emergency is required to implement the provisions of the mutual aid agreement.
c.
Requests for Assistance. The Chief or acting head of the Police Department or Mayor, or Chief Executive Officer of a participating municipality, is hereby authorized to request assistance from the Chief or other head of the Police Department of any other participating municipality to provide aid in accordance with N.J.S.A. 40A:14-156.
d.
Provision of Assistance. A participating municipality shall provide police assistance when a valid request in accordance with this Agreement to supply personnel is made, to the extent possible without endangering persons or property within the confines of the providing municipality.
e.
Powers; Rights; Immunities. The members of the providing municipality's Police Department supplying aid shall have the same powers, authority, rights and immunities as the members of the police force of the requesting municipality when aid is being rendered therein. Said members shall also have, while so acting, such rights and immunities as they may otherwise enjoy in the performance of their normal duties in the municipality rendering such assistance.
f.
County Critical Incident Management Plan. These mutual aid agreements established herein by and between the aforementioned municipalities in the County of Ocean shall further authorize mutual police aid and assistance under the County Critical Incident Management Plan as established by the Ocean County Prosecutor, as the Chief Law Enforcement Official in the County. The plan provides for a response by specially trained regional Emergency Response/Special Weapons and Tactics Team in the event of certain hostage, barricade, sniper, high risk armed apprehensions, terrorists or similar situations occurring within a municipality within the County of Ocean.
g.
Benefits, Injury; Death. Members of the police force of the providing municipality suffering injury, or their legal representatives, if death results while rendering assistance in the requesting municipality, shall be entitled to all such salary, pension rights, workmen's compensation or other benefits, as they would have accrued if such injury or death had occurred in the performance of duties in their own municipality, with such benefits to be the responsibility of the providing municipality.
h.
Reimbursement. A municipality receiving police assistance hereunder pursuant to the terms of the County Critical Incidental Management Plan shall not be required to directly reimburse the regional team for services so provided. The member municipalities shall however otherwise support the function of the respective regional response teams by providing the necessary manpower, equipment and supplies on an ongoing annual basis pursuant to the terms of the County Critical Incident Management Plan.
Where emergency police aid is otherwise provided under circumstances outside of the County Critical Incident Management Plan, reimbursement shall be pursuant to N.J.S.A. 40A:14-156, or such other terms and conditions for reimbursement specifically agreed to between specific municipalities.
i.
Effective Date. This section shall take effect upon final passage and publication according to law. It shall become effective with respect to this municipality's activities with another participating municipality, when such other participating municipality has adopted an ordinance reciprocal to this one, and such ordinance has become effective in that municipality.
[Ord. #83-11, § 1]
There is hereby established the unclassified position of Caseworker in the Welfare Department of the Borough.
[Ord. #83-11, § 2]
The Caseworker shall be appointed by the Mayor with the advice and consent of the Borough Council.
[Ord. #83-11, § 4]
The duties of the Caseworker shall be as established and assigned by the Borough of Beachwood Welfare Director.
[Ord. #9/16/77]
A fee for the furnishing of a flood insurance certification letter by the Borough Clerk in response to the application of any person, firm, corporation or association. Fee shall be $10 for each flood insurance certification letter provided.
[Ord. #9/16/77]
There is hereby established a fee to be paid by any person, firm, corporation or association who is provided with notary services by any notary public employee of the Borough during the course of the employee's course of employment by the Borough. The notary fee shall apply to the taking of oaths, acknowledgements, affidavits and any other service requiring the affixation of a notary's stamp, seal or signature. The amount of the fee shall be one ($1.00) dollar for each certificate, license, deed, affidavit or other legal document executed by the employee notary public. No fee for notary services shall be charged for execution of any document directly related to and concerned with matters to which the Borough is a party, including but not limited to applications for permits or licenses, correction of Borough records or any other bona fide Borough business matter.
[Ord. #9/16/77; Ord. #8/6/79, § 1; Ord. #87-18, § 1; Ord. #94-26, § 1; Ord. #2004-03, § 1; Ord. #2005-20, § 1; Ord. #2009-02, § 1; Ord. #2010-05]
a.
There is hereby established a fee for furnishing photocopies of any record or other document kept in the normal course of business and except as hereinafter provided at the following rates:
1.
The fee for letter size page or smaller shall be $0.05 per page.
2.
The fee for legal size page or larger shall be $0.07 per page. If the page exceeds the legal size page then the Borough may charge its actual costs exceeding the $0.07 per page. If that be the case the actual cost for duplicating the record shall be the cost of materials and supplies used to make a copy of the record but shall not include the cost of labor or other overhead expenses associated with making said copy except as provided in paragraph b of this subsection.
b.
A special service charge may be imposed if the printed matter cannot be copied by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request. The Borough shall charge a special service charge in addition to the actual duplicating of the record which shall be reasonable and shall be based upon the actual direct costs of providing the copy or copies. The Borough shall establish rates for duplication of particular records when the actual cost of copying exceeds the foregoing rates which shall be established in advance by ordinance. The requester shall have the opportunity to review the rates with the Clerk and object to the charge prior to being incurred.
c.
Requesters shall have the right to copy documents in mediums other than those used by the Borough of Beachwood to maintain the records. If a request involves a request for a record involving the following, the agency may charge a special charge that is reasonable and based on the cost of extensive use of information technology, or for labor cost of personnel providing the service that is actually incurred by the agency or attributable to the agency for programming, clerical, and supervisory assistance, or both provided:
d.
Individuals requesting duplicate cassettes or Borough recorded information shall pay a fee of one ($1.00) dollar per cassette.
e.
Access to electronic records in nonprinted material shall be provided free of charge, but the Borough shall charge for the actual costs of any needed supplies for said purposes. Computer discs shall be charged at the rate of one ($1.00) dollar per disc.
[Ord. #93-06 § 1; Ord. #94-26 § 3; Ord. #2014-08]
a.
There is hereby established a fee for the furnishing of a certificate of redemption of a tax sale certificate to be issued by the Borough in the amount of $50.
b.
There is hereby established a fee of $50 to be paid by any party entitled to redeem a tax sale certificate for the third and subsequent requests of the amount required to redeem within a calendar year. There shall be no fee charged for the first and second requests of said amount to redeem.
[Ord. #93-06, § 1]
The fee for a duplicate tax bill shall be $5. In the event that the same party or individual requests a second and or subsequent duplicate tax bill in the same year, then the charge shall be $15.
The fee for the issuance of a duplicate tax sale certificate is hereby established at $100.
[Ord. #2006-05, § 1]
There is hereby established a fee of $25 for a certified copy of a birth, marriage or death certificate. If multiple copies of any of the above certificates are requested at the same time, the charge for the first copy shall be $25 and each additional copy shall be charged at the rate of $5. The reduced charge of $5 shall only apply for multiple copies of a birth, marriage or death certificate.
[Ord. #9/16/77; Ord. #10/1/79, § 1]
There is hereby established a fifteen ($15.00) dollar fee for mailing advance notice of regularly scheduled meetings and revisions thereof pursuant to N.J.S.A. 10:4-19. All requests for advance written notice must be in writing to the Borough Clerk setting forth the specific notices requested and must be accompanied by prepayment in full of the required fee. All requests for notices made pursuant to this section shall terminate at midnight on December 31 of each year, but may be renewed upon a new written request for same. Upon receipt of a written request and prepayment, the Borough Clerk shall send via ordinary mail to the requesting person written advance notice of all meetings of the public body concerned.
[Ord. #90-02, § 1]
There is hereby created within the Borough of Beachwood the Office of Chief Financial Officer pursuant to Chapter 110, Public Laws of 1988 of the State of New Jersey.
[Ord. #90-02, § 1]
The Chief Financial Officer shall be appointed by the Mayor and Council of the Borough of Beachwood in accordance with the requirements of N.J.S.A. 40A:9-140 et seq. and shall serve for such compensation as set by the Borough of Beachwood salary ordinance.
[Ord. #90-02, § 1]
The officer holding the position of Chief Financial Officer shall carry out the responsibilities as set forth under Public Law 1947, Chapter 151 of the Laws of the State of New Jersey and any and all other duties prescribed by law as set forth and designated by the Mayor and Council of the Borough.
[Ord. #91-02, § 1; Ord. #94-26, § 2; Ord. #97-27, § 1]
a.
There is hereby established a return check charge of $20 for any check that is received by the Borough of Beachwood and subsequently returned to the Borough by its banking institution after deposit. This shall apply to checks returned to any department within the Borough of Beachwood. Additionally, this section authorizes the appropriate municipal officer to demand that future payments be tendered in cash or by certified or cashier's check or money order on any account where a check tendered for payment on such account is returned for insufficient funds. In addition, the service charge aforesaid may be collected in any manner authorized by P.L. 1990, Chapter 105.
b.
In the event that any water utility customer or account is given notice that their water service will be shut off due to nonpayment of said account, said customer shall be required prior to the date and time of shutoff to bring said account current by payment of cash, certified check, cashier's check or money order to said Water Utility Department. This section is being enacted as a result of the high number of bad checks given to the Borough in response to shutoff notices.
[Ord. #98-02, § 1]
There is hereby established the Office of Public Defender of the Borough of Beachwood. The position shall be paid in accordance with the appropriate salary ordinance. Said position shall be awarded as a "Professional Service" from time to time.
[Ord. #98-02, § 1]
An application for the services of Public Defender shall be submitted to the Municipal Court Administrator. The maximum fee for said application shall be $200. The Municipal Court Judge shall have the discretion to waive the application fee only upon a clear and convincing showing that the application fee represents an unreasonable burden on the person seeking representation. Said fee will be paid at once, or in installments over a period of four months or less.
[Ord. #2000-8, § 1]
The following fees are hereby established for advertising on the Borough's web site. The fees shall remain in existence until they are amended or changed as required:
a.
Circulating Banner Sponsor. A fee of $250 per year payable in advance and based on the application as established by the Borough. This shall consist of a standard constructive banner for random display on all banner pages of beachwoodusa.com. This banner will also click to your extended listing or existing web site.
b.
Single-Page Extended Listing. A fee of $150 per year. Applicant shall prepare their ad on 8 1/2" x 11" to be 100 words or less - one graphic and list hyperlink location.
[Ord. #2000-8, § 2]
The Borough reserves the right to reject any application if it determines in its sole discretion that the advertising does not meet with Beachwood Borough community standards. Advertisers that are excluded shall include, but not be limited to, adult orientated materials or businesses.
Former Section 2-33, Municipal Authorization for Charitable Organizations to Solicit on Roadways, previously codified herein and containing portions of Ordinance 2000-13 may now be found in Section 4-12.
[Ord. #2002-7, § 1]
The Borough hereby establishes a policy to provide access to the public for records subject to the "Right-to-Know" Law as amended, the common law and subpoenaed records pursuant to pending litigation and/or court order which may be subject to judicial review.
[Ord. #2002-7, § 2]
a.
All requests for public records shall be made through the office of the Municipal Clerk on a form approved by the Borough. No request for public records shall be honored without a properly filled out form, except for documents requested by the Mayor and/or Borough Council, the Borough Attorney or other Borough Special Counsel, and tax record card requested by taxpayer to the Tax Assessor, pursuant to a pending Ocean County Board of Taxation or New Jersey State Tax Court appeal(s).
b.
All requests for public records by taxpayers, citizens, newspaper reporters, attorneys and other applicable parties directed to department heads or other Borough officials/employees shall be directed to the Municipal Clerk's Office which will serve as the repository of such requests and the dissemination of said forms to obtain public records not within the Clerk's control/possession.
[Ord. #2002-7, § 3]
a.
Immediate Access. One working day shall be granted for such items as budgets, bills, vouchers, contracts including collective negotiation agreements and individual employment contracts and public employee salary and overtime information.
b.
Upon receipt of a request for other public records, if said records are public, the Borough will endeavor to honor such request within seven working days of the receipt of said request. "Working days" are defined as Monday through Friday, excluding holidays and weekends. However, there will be times when, due to the nature or extent of the request or manpower, the Borough will be unable to honor the request within seven working days; if such, the Borough shall attempt to complete such request as soon as feasibly possible.
c.
All persons requesting public records must understand that the public business of the Borough will take precedence over a record request especially where such request is a broad or far-reaching information request.
[Ord. #2002-7, § 4]
All requests for public records shall, except for requests by Borough employees/officials acting in their official capacity and nonprofit organizations, be subject to the Borough's policy as to copying costs.
[Ord. #2002-7, § 5]
The following records, or types of records, which are not public and shall not be made available to the public are, but not limited to, the following:
a.
Records of a personal nature regarding Borough officials, employees and/or other applicable individuals.
b.
Medical records of Borough officials, employees and/or other applicable individuals.
c.
All records exempted by State and/or Federal statutes, rules and/or regulations.
d.
All records exempted by presidential and/or gubernatorial executive order.
e.
All records which are exempted from the definition of "public records" pursuant to N.J.S.A. 47:1A-1 et seq.
f.
Confidential police investigation reports as set forth in N.J.S.A. 47:1A-1.
g.
Work product or notes of Borough officials/employees.
h.
Council closed session minutes involving personnel matters. Council open session minutes shall not be considered public records until such time as they are approved by the Borough Council. Council closed session minutes, other than involving personnel matters, shall not be considered public records until such time as they are approved by the Borough Council and the matter(s) in question have been concluded pursuant to the provisions of N.J.S.A. 10:4-6 et seq. They may not be made public if they contain personal information as exempted by N.J.S.A. 47:1A-1. A report prepared for review by the Mayor and Borough Council shall not be deemed a public record until at least seven calendar days after disbursement of the report by the Municipal Clerk to the Mayor and Council or the next Council meeting, whichever is later.
[Ord. #2002-07, § 6]
Request forms for public information shall be supplied by the Borough Clerk. Said form shall include:
a.
Specific directions and procedures for requesting a record;
b.
A statement as to whether prepayment of fees or deposit is required. The law also provides that the custodian may require a deposit against costs for reproducing documents sought through an anonymous request whenever the custodian anticipates the information requested will cost in excess of $5 to reproduce.
c.
The time period within which the public agency is required to make the record available, i.e. seven business days or greater if the records are archived;
d.
A statement of the requestor's right to challenge a decision by the public agency to deny access and the procedure for filing an appeal;
e.
Space for the custodian to list reasons if a request is denied in whole or in part;
f.
Space for the requestor to sign and date the form;
g.
Space for the custodian to sign and date the form if the request is fulfilled or denied.
[Ord. #2002-07, § 7]
Not all requests for public records do, in fact, lead to the copying, review and/or release of such records. A public record may be a public record under common law, but may not be a public record under the "Right-to-Know" Law (N.J.S.A. 47:1A-1 et seq.), or vice versa, or it may be or may not be a public record under any other legal statute, rules, regulations and/or court decision. The Municipal Clerk shall seek the opinion of the designated Borough Attorney as to whether or not a record is public if there is any question as to its potential copying, review and/or release.
[Ord. #2002-07, § 8]
In the event that any subsection of the within section is deemed to be in conflict with the New Jersey "Right-to-Know" Law, said law shall take precedence over the specific subsection.
[Ord. #2002-09, § 1]
The purpose of the within section is to remember those individuals who have lost their lives as a result of a drunk driver and to allow the posting of a MADD sign to memorialize the individual lost and warn the driving public of the dangers imposed by driving while intoxicated.
[Ord. #2002-09, § 2]
The within section authorizes the installation of a MADD sign along the Borough's rights-of-way. The individual requesting the memorial sign shall pay the actual costs incurred by the Borough for acquiring said sign. The Borough shall install said sign at no charge to the individual on a breakaway signpost. The sign shall be white in color with a red broken heart and bear the words "We'll Remember You" which signifies the tremendous loss felt by family and friends. It also bears the Mothers Against Drunk Drivers logo. An additional sign above bears the name of the victim being memorialized.
[Ord. #2005-01, § 1]
There is hereby created within the Borough of Beachwood the position of Borough Administrator. The Borough Administrator shall be appointed by the Mayor with the consent of the Council and shall serve at the will of the governing body. Said individual shall be chosen solely on the basis of executive and administrative qualifications with special reference to actual training in governmental affairs, education, experience and training as evidenced by a degree from a recognized four-year college in public administration, business administration or a related field and by actual experience as a municipal administrator or assistant municipal administrator.
[Ord. #2005-01, § 2]
a.
The Business Administrator shall serve at the will of the governing body and may be removed by a 2/3 vote of the governing body in accordance with N.J.S.A. 40A:9-138.
b.
The Mayor and Council shall establish the compensation package of the Borough Administrator by resolution. The salary range shall be $60,000 to $100,000.
[Ord. #2005-03, § 3]
The Borough Administrator shall:
a.
Hold the position of Director of the Department of Administration and as such shall supervise and maintain the Division of Personnel, Budget, Data Processing and the Department of Administration in general.
b.
As Chief Administrative Officer of the Borough, direct and supervise the administration of all departments and offices of the Borough government following consultation with the Mayor and Council. The authority of the governing body to supervise the administration of all departments shall be transmitted through the Office of the Borough Administrator where not prohibited by State statute and all subordinate employees of the Borough shall be responsible to said authority. It shall further be the duty of the Administrator to closely supervise and oversee all operations of the Public Works Department.
c.
Recommend, implement and enforce the procedures and policies of the governing body for the coordination, compilation, edition and prompt dissemination and release of public information.
d.
Recommend to the Mayor and Council adoption of such measures as he or she may deem necessary or expedient for the health, safety or welfare of the community or for the improvement of services of the Borough and recommend the nature and location of public improvements authorized by the Mayor and Council.
e.
Prescribe and enforce rules and regulations for the efficient management of the Borough.
f.
As a representative of the Borough, receive and reply to all inquiries and complaints concerning Borough business; provide information and assistance; and remedy or cause to be remedied the source of any just complaint. The administrator shall further prepare and submit reports as needed of his findings and determinations to the Mayor and Council for their consideration and action.
g.
Attend all types of meetings as directed by the Mayor and Council including, but not limited to, all meetings of the Borough Council unless excused and take part as necessary in the discussion of all matters coming before the Mayor and Council.
h.
Act as a liaison between the Mayor and Council and the various Borough boards, agencies and departments of the Borough.
i.
Supervise and coordinate the work of the Borough Attorney and the Borough Engineer in all affairs that concern the Borough.
j.
Consolidate or combine offices, positions, departments or units under his or her jurisdiction, with the approval of the governing body, and may be the head of one or more departments.
k.
Negotiate contracts for the Borough as authorized by and subject to the approval of the Mayor and Council. He or she shall ensure that all terms and conditions favorable to the Borough in any statute or contract are faithfully kept and performed and, upon knowledge of any violation, shall call the same to the attention of the Mayor and Council.
l.
Supervise and assist in the preparation of the budget and administer budgetary controls.
m.
Prepare and submit to the Mayor and Council, at the end of each year, a complete report of the Borough affairs including the finances and administrative activities of the Borough for the preceding year. The report shall also contain individual reports from each department head.
n.
Study continually present and future budgets, including the development of the annual budget, through close workings with the Borough Auditor and the Borough's Finance Department. Oversee purchasing procedures, administrative procedures, and personnel policies and implement policies to increase the efficiency of the Borough operation and make recommendations as needed to the Mayor and Council for their consideration and action.
o.
Act as hearing officer in all employee disciplinary proceedings unless otherwise directed by the Mayor and Council or by a collective bargaining agreement. The Administrator shall have the authority to suspend any employee for a period of up to three days to investigate complaints in regard to Borough employees. Stronger measures shall require the approval of the Council. In any case where a conflict of interest may exist or appear to exist, he or she shall designate a department director to act as a hearing officer in his or her place.
p.
Be authorized to grant any employee a disability leave of absence; a disability leave of absence without pay; an injured-on-duty leave of absence; a personal leave of absence as provided for by the Family Leave Act; or any such other leave of absence as may be permitted by law.
q.
Be authorized to appoint any seasonal or part-time employee for a period of up to 30 days with the approval of the Borough Council.
r.
Perform such other duties as may be required by the governing body consistent with the laws of the State of New Jersey or the ordinances of the Borough.
s.
Render a report, before separation from the Borough, on all activities of the Borough from the date of his or her last report to the date of his or her separation.
t.
Be responsible for the overall supervision and maintenance of real property owned by the Borough.
[Ord. #2005-03, § 4]
The Borough Administrator will receive benefits as negotiated at the time of employment.
[Ord. #2005-26, § 1]
Notwithstanding any other provision of the law to the contrary, the Borough or any other board, authority, agency or instrumentality thereof, shall not enter into a contract that is exempt from public bidding under N.J.S.A. 40A:11-5, when such contract has an anticipated value in excess of $17,500 as determined in advance and certified in writing by the Borough, board, authority, agency or instrumentality thereof, with a business entity, if, during the preceding one-year period, that business entity has made political contributions that are reportable by the recipient under N.J.S.A. 19:44A-1 et seq., to any municipal committee of a political party in the Borough if a member of that political party is serving in an elective public office of the Borough when the contract is awarded or to any candidate committee of any person serving in an elective public office in the Borough when the contract is awarded. This shall not apply to contributions made during 2005 as established by law.
[Ord. #2005-26, § 1]
A business entity that has entered into a contract having an anticipated value in excess of $17,500 with the Borough, or any agency, board, authority or instrumentality thereof, shall not make a contribution that is reportable by the recipient under N.J.S.A. 19:44A-1 et seq., during the term of the contract, to any municipal committee of a political party in the Borough if a member of that political party is serving in an elective public office of the Borough when the contract is awarded, or to any candidate committee of any person serving in an elective public office of the Borough when the contract is awarded, during the term of the contract.
[Ord. #2005-26, § 1]
b.
Any professional service entity or other business entity providing services to the Borough of Beachwood, without a requirement for public bidding in accordance with N.J.S.A. 40A:11-5, shall be subject to a fair and open process for selection. That fair and open process is set forth in paragraph c below, which establishes criteria for the fair and open process for contract awards.
c.
The fair and open process established by the Borough of Beachwood shall require the following:
1.
The solicitation of proposals for any professional position or service contract or other contract not subject to bidding pursuant to N.J.S.A. 40A:11-5, which shall expire as of December 31 of that calendar year, shall be published and advertised by the municipal appointing authority or its designee either in two official newspapers of the Borough of Beachwood for publication of notices, or on the Borough's website, or both, not later than December 15. The published notice shall set forth the name of the position or contract which is to become open, and set forth the criteria to be considered and materials required to be submitted by the applicant.
2.
Should the applicant be a professional requiring licensure in the State of New Jersey, said applicant shall be licensed for a period not less than five years.
3.
The applicant shall submit a "Certificate of Good Standing" or other similar document evidencing that the professional's license is not presently suspended or revoked.
4.
The applicant shall submit a resume which shall set forth information including, but not limited to, the following (as applicable to a business entity or individual professional):
(a)
Full name and business address;
(b)
A listing of all post high school education of the applicant;
(c)
Dates of licensure in the State of New Jersey and any other State;
(d)
A listing of any professional affiliations or memberships in any professional societies or organizations, with an indication as to any offices held therein;
(e)
The number of licensed professionals employed by/affiliated with the business entity or the business entity which employs the applicant;
(f)
A listing of all special accreditations held by the individual licensed professional or business entity;
(g)
A listing of all public entities currently or previously served by the business entity or licensed professional, indicating the dates of service and position held.
5.
The applicant shall submit a compensation proposal, which shall include a flat fee or hourly rate or other proposal, as appropriate.
d.
The municipal appointing authority shall thereafter publicly select the professional or business entity for the position so advertised which shall thereafter be confirmed or approved as required by law.
e.
The awarded contract shall be published in the official newspaper of the Borough of Beachwood for publication of notices in accordance with N.J.S.A. 40A:11-5.
f.
The decision of the Borough of Beachwood as to what constitutes a fair and open process shall be final.
[Ord. #2006-17, § 1]
The purpose of this section is to create the administrative mechanisms needed for the execution of the responsibility of the Borough of Beachwood to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.
[Ord. #2006-17, § 1]
As used in this section, the following terms shall have the meanings indicated:
Shall mean the entity responsible for administering the affordability controls of some or all units in the affordable housing program for the Borough of Beachwood to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
Shall mean the employee charged by the Mayor and Borough Council with the responsibility for oversight and administration of the affordable housing program for the Borough of Beachwood.
[Ord. #2006-17, § 1]
a.
Establishment of Position of Municipal Housing Liaison. There is hereby established in the position of Municipal Housing Liaison for the Borough of Beachwood. The Mayor shall appoint the Municipal Housing Liaison, with the advice and consent of the Borough Council, to serve upon appointment by the Mayor and approval by resolution of the Council and subsequently for a term of one year commencing on January 1 of each year and until the appointment and qualification of his successor. In the event the Mayor shall not appoint the Municipal Housing Liaison or the Council shall fail to confirm such appointment within 30 days next succeeding January 1 of each year, the Council shall make such appointment at the expiration of the thirty-day period.
b.
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison may be a full or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the Borough of Beachwood, including the following responsibilities which may not be contracted out:
1.
Serving as the primary point of contact in the Borough of Beachwood for all inquiries from the State, affordable housing providers, Administrative Agents, and interested households;
2.
Monitoring the status of all restricted units in the Borough of Beachwood Fair Share Plan;
3.
Compiling, verifying, and submitting Annual Monitoring Reports as required by COAH;
4.
Coordinating meetings with affordable housing providers and administrative agents, as applicable;
5.
Attending continuing education opportunities on affordability controls, compliance monitoring, and affirmative marketing as offered or approved by COAH;
6.
If applicable, serving as the Administrative Agent for some or all of the restricted units in Borough of Beachwood as described in paragraph f below.
d.
Subject to approval by COAH, the Borough of Beachwood may contract with or authorize a consultant, authority, government or any agency charged by the governing body, which entity shall have the responsibility of administering the affordable housing program of Borough of Beachwood. If the Borough of Beachwood contracts with another entity to administer all or any part of the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.
e.
Compensation. Compensation shall be fixed by the governing body at the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with an Affirmative Marketing Plan of Beachwood Borough and the provisions of N.J.A.C. 5:80-26.15; and
(b)
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews with interested households; and
(b)
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
(d)
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located;
(f)
Employing the random selection process as provided in the Affirmative Marketing Plan of the Borough of Beachwood.
(g)
Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the Borough of Beachwood and the provisions of N.J.A.C. 5:80-26.15; and
(h)
Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualifications, rental lease requirements, and landlord/tenant law.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate County's register of deeds or County Clerk's office after the termination of the affordability controls for each restricted unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of Continuing Certificates of Occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership;
(b)
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air-conditioning systems; and
(c)
Processing requests and making determinations on requests by owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;
(c)
The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;
(f)
Establishing a rent-to-equity program;
(g)
Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and
(h)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[Ord. #2007-07, § 1]
The purpose of the within section is to implement the provisions of N.J.S.A. 40:48-1.4 to allow for criminal history background checks of employees, licensees and certain service providers in an effort to protect the health and welfare of the Borough.
[Ord. #2007-07, § 2; Ord. No. 2016-13]
The Borough Administration/designee, through the Chief of Police, is hereby authorized to request a criminal history record background check for purposes including, but not limited to, employment, licensing, the procurement of services inclusive of volunteers that may work or have contact with minors. The requested individuals shall submit to being fingerprinted in accordance with applicable State and Federal Laws, Rules and Regulations. The Administrator through the Police Chief is authorized to exchange fingerprint data with and receive criminal history record information from the State Bureau of Identification and the Division of State Police and the Federal Bureau of Investigation. Fingerprint data shall be submitted to the Statute Bureau of Identification. The State Bureau shall receive all criminal history record information from the Federal Bureau of Investigation and shall disseminate that information to the officer or official as provided herein.
[Ord. #2007-07, § 3]
The Borough shall submit fees for said criminal history record background checks to the State Bureau of Identification.
[Ord. #2007-07, § 4]
The Borough shall comply with any and all procedures as promulgated by the Attorney General of the State of New Jersey pursuant to the Administrator Procedures Act.
[Ord. #2008-14, § 1]
The purpose of the within section is to establish a fee of $150 for the performance of wedding ceremonies within the Borough of Beachwood by the Mayor or President of Council (as legally appropriate) in compliance with the guidelines established by the New Jersey Division of Local Government Services. The section will further establish a fee to be paid to the Mayor or President of Council (as legally appropriate) in the sum of $100.
[Ord. #2008-14, § 2]
It is hereby established within the Borough of Beachwood a fee of $150 for the performance of a wedding ceremony by the Mayor or President of Council (as legally appropriate).
[Ord. #2008-14, § 3]
The Mayor or President of Council (as legally appropriate) shall receive a fee of $100 per wedding ceremony. Said fee can be paid upon submission of the proper voucher by the Mayor or President of Council.
[Ord. #2009-16, § 1]
The purpose of the within section is to adopt a policy establishing a lower absentee threshold than that established in N.J.S.A. 40A:9-12.1. It is the belief of the governing body that the hereinafter established absentee policy will help the various boards, commissions, committees, and authority to better function and perform their duties.
[Ord. #2009-16, § 1]
In the event that a member of a board, committee, commission or authority established within the Borough of Beachwood fails to attend and participate at meetings of such body for a period of six consecutive weeks, or three consecutive meetings, whichever shall be of a longer duration, without being excused, the Secretary or Acting Secretary of said body shall notify the governing body in writing of that determination. Said board, committee, commission or authority may refuse to excuse said absences only with respect to those failures to attend or participate which are not due to legitimate illness.
[Ord. #2009-16, § 1]
The governing body upon being presented with the above determination by the Board, committee, commission or authority shall deem said position vacant and proceed to fill said appointment for the unexpired term in accordance with the appropriate statute.
[Amended 12-17-2025 by Ord. No. 2025-30]
(This section was ratified by the voters by public question on November 5, 2013)
[Ord. #2011-07, § 1; Ord. #2012-02, § 1; Ord. #2013-06, § 1; amended 12-17-2025 by Ord. No. 2025-30]
The purpose of the within section is to establish the Length of Service Award Program for the Beachwood Emergency Medical Services (EMS), Inc. The Beachwood Emergency Medical Services (EMS), Inc. serves the Borough of Pine Beach, as well as Beachwood, and contributions will be established on the basis of 70% for Beachwood and 30% for Pine Beach. The program is to reward members of the Beachwood Volunteer Emergency Medical Services (EMS), Inc. for the years of loyal and devoted service to the residents of the Borough of Beachwood and the Borough of Pine Beach. If the Beachwood Emergency Medical Services (EMS), Inc. disbands, or ceases to operate, no financial contributions will be made. This shall not affect accumulated proceeds which shall remain in trust.
[Ord. #2011-07, § 2; Ord. #2012-02, § 2; Ord. #2013-06, § 2; amended 12-17-2025 by Ord. No. 2025-30]
The LOSAP shall provide for fixed annual contributions to the deferred income account for each member of the Beachwood Emergency Medical Services (EMS) that meets the criteria set below. Such contribution shall be made in accordance with a plan that shall be established by the sponsoring agency, Borough of Beachwood, which shall be identical to a similar plan to be adopted by the Borough of Pine Beach and it shall be serviced by a single contractor. The plan shall be administered in accordance with the Laws of the State of New Jersey, the U.S. Internal Revenue Code and this subsection. Said initial plan point system is attached hereto as Schedule A. (Schedule A is included as an attachment to this chapter.)
[Ord. #2011-07, § 3; Ord. #2012-02, § 3; Ord. #2013-06, § 3; amended 12-17-2025 by Ord. No. 2025-30]
The length of LOSAP shall provide for annual contributions to each eligible member that meets the criteria as follows:
a.
The fixed annual contribution shall be $1,270.54 per eligible member per qualifying year.
b.
The estimated cost of the program annually has been calculated as follows:
50 members x $1,270.54 per member = $63,524.00
Prorated on the basis of 70% responsibility to Beachwood and 30% responsibility to Pine Beach with a maximum of $15,000 from Pine Beach.
c.
A minimum of 1,000 points per year for Active EMS Members and 500 points per year for Associate members, which must be earned in order to qualify for the LOSAP program.
d.
The maximum amount of annual contribution as established by the within subsection shall increase on a yearly basis in accordance with N.J.A.C. 5:30-14.9. The within Consumer Price Index adjustment shall be retroactive to the first full year following the year of implementation of the within program by the Borough of Beachwood.
e.
The point system hereby established is included as an attachment to this chapter as Schedule A.
[Ord. No. 2019-09]
The purpose of this section is to establish the part-time position of Qualified Purchasing Agent for the Borough of Beachwood in order to provide more efficient and effective methods and procedures to acquire goods and services for the Borough.
[Ord. No. 2019-09]
The position of part-time Qualified Purchasing Agent is hereby established for the Borough of Beachwood. Said individual being appointed shall hold a Qualified Purchasing Agent Certificate issued by the State of New Jersey, Department of Community Affairs, Division of Local Government Services. It shall be their duty, as directed by the governing body, to have the authority, responsibility, and accountability for the purchasing activity for the Borough, to prepare public advertising for bids and to receive bids for the provision or performance of goods or services on behalf of the Borough and to recommend the award of contracts permitted pursuant to N.J.S.A. 40A:11-3. Said person shall conduct any activities as may be necessary or appropriate to the purchasing function of the Borough. Said position shall be part-time and said individual may hold another full time position.
[Ord. No. 2019-09]
The Qualified Purchasing Agent shall receive the amount as determined by the Mayor and Council.
[Ord. No. 2019-09]
The Qualified Purchasing Agent shall serve at the pleasure of the Mayor and Council.