[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 8/28/80 and 81-12.
[Ord. #2008-03 § 1; Ord. #2008-11 § 1]
a.
There is hereby established in the Borough of Beachwood a State Uniform
Construction Code enforcing agency, to be known as the "Construction
Department," consisting of a Construction Official, Building Subcode
Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Official, Permit Clerk, Technical Assistant
to the Construction Official and such other subcode officials for
such additional subcodes as the Commissioner of the Department of
Community Affairs, State of New Jersey, shall hereafter adopt as part
of the State Uniform Construction Code. The duties of the personnel
and procedures and policies of the code enforcing agency may be supplemented
and amended from time to time by resolution of the Mayor and Council.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.
217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any
particular subcode official, an on-site inspection agency may be retained
by contract pursuant to N.J.A.C. 5:23. More than one such official
position may be held by the same person, provided that such person
is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold
each such position.
c.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies and unforeseen
or unavoidable circumstances.
[Ord. #2008-03 § 1]
Appeals from decision by the Borough of Beachwood Construction
Department may be taken to the Ocean County Board of Appeals.
[New; Ord. #2008-03 § 1; Ord. #2008-09 § 1;
Ord. #2008-11 § 1; Ord. #2014-01]
a.
The following fee schedule is hereby adopted and established for
the following construction and subcode fees:
1.
Building subcode fees.
(b)
Renovations, alterations and repairs. Fee based on estimated cost
of work. To determine estimated cost, the applicant shall submit to
the Construction Official such cost data as may be available produced
by the homeowner, the architect or engineer of record, or by a recognized
estimating firm, or by the contractor. A bona fide contractor's bid,
if available, shall be submitted. The Construction Official shall
make the final decision regarding estimated cost.
(c)
Additions. Fees shall be computed on the same basis as for new construction
for the added portion.
(d)
Combination renovation and additions. Fees shall be computed separately
in accordance with paragraphs a,1(a) and a,1(b).
(e)
Temporary structures. The fee for temporary structures, towers, fences
greater than six feet in height, open decks not attached to a principal
or accessory structure and similar structures for which volume cannot
be computed shall be $60.
2.
Plumbing subcode fees.
(a)
Fixtures and appliances. The fee per fixture, piece of equipment,
vent or appliances connected to the plumbing system, and for each
appliance connected to the gas or oil piping system shall be $12 except
as provided in paragraph a,2(b).
(b)
Special devices. The fee per device for grease traps, oil separators,
water-cooled air-conditioning units, refrigeration units, steam boilers,
hot water boilers (excluding those for domestic water heating), gas
service entrances, active solar systems, sewer pumps, interceptors
and fuel oil piping shall be as follows:
(g)
Minimum fee: $60.
3.
Fire protection subcode fees.
(a)
The fee for sprinklers, standpipes, detectors (smoke and heat), pre-engineered
suppression systems, gas- and oil-fired appliances not connected to
the plumbing system, kitchen exhaust systems, incinerators and crematoriums
shall be as follows:
(b)
Standpipe, each: $305.
(c)
Fire pump, each: $122.
(d)
Independent pre-engineered systems: $122.
(e)
Gas- or oil-fired appliance not connected to the plumbing system,
each: $60.
(f)
Commercial kitchen exhaust system, each $60.
(g)
Roof-top HVAC units, each: $60.
(h)
Spray booth and dipping operations, each: $122.
(i)
Fuel dispensing units, each: $122.
(j)
Fuel storage tank abandonment or removal, each: $65.
(m)
Fireplaces: Woodstoves, prefabricated, masonry, gas or alternate
heating device: $60.
(n)
Minimum fee: $60.
4.
Electrical subcode fees.
(a)
Fixtures or receptacles. The fee for receptacles and fixtures which
shall include lighting outlets, wall switches, electric discharge
fixtures, convenience receptacles or similar fixture, and motors or
devices of less than one horsepower or one kilowatt, burglar, fire
and communication devices, etc., shall be as follows:
(g)
Minimum fee: $60.
6.
Fees applicable to paragraphs 1 through 5 above:
(a)
Plan review fee. Twenty percent of the amount to be charged for a
new construction permit.
(b)
Basic construction fee. The sum of the parts computed on the basis
of the volume or cost of construction, the number of plumbing fixtures
and equipment, the number of electrical fixtures and devices and the
number of sprinklers, standpipes and detectors (smoke and heat) at
the unit rates provided herein, plus any special fees.
(c)
Certificate fees.
(1)
Certificate of Occupancy for new one- and two-family residential
structures shall be $60 per dwelling.
(2)
Certificate of Occupancy shall be 10% of the new construction
permit fee. The minimum fee shall be $30.
(3)
Temporary Certificate of Occupancy, no fee, provided that the
Certificate of Occupancy fee is paid at that time. The renewal of
a Temporary Certificate of Occupancy shall be $30.
(4)
Certificate of Occupancy granted pursuant to a change of use
shall be $45 for each technical subcode section.
[Ord. #2008-03 § 1; Ord. #2014-01]
a.
All fees paid to the Borough pursuant to this chapter are nonrefundable
except as otherwise specifically set forth in the regulations of the
New Jersey Uniform Construction Code. All fees shall be paid by cash,
check or money order payable to the Borough of Beachwood.
b.
In the case of a discontinuance of a building project, the volume
of the work actually completed shall be computed. Any excess for the
uncompleted work shall be returned to the permit holder: except that
all penalties that may have been imposed on the permit holder under
the requirements of the regulation shall first be collected. Plan
review fees are not refundable.
c.
Any fees not specifically noted in this subsection would follow the
fee schedule adopted by the Department of Community Affairs, N.J.A.C.
5:23-4.20.
[Ord. #2008-03 § 1; Ord. #2014-01]
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $0.00334 per cubic foot
of volume of new buildings and additions, and for all other construction
a fee of $1.70 per $1,000 value of construction. Said surcharge fee
shall be remitted to the Division of Code and Standards, Department
of Community Affairs, on a quarterly basis.
[Ord. #2008-03 § 1; Ord. #2014-01]
a.
No State or county agencies shall be required to pay any municipal
fee or charge in order to secure a construction permit for the erection
or alteration of any public buildings or part thereof.
b.
The Borough of Beachwood shall not be charged any fees pursuant to
this section for construction contracted for or conducted by the Borough
within its boundaries when the Borough itself is the enforcing agency.
c.
The within schedule of fees for inspections and permits shall be
waived for any religious organization or institution organized pursuant
to the New Jersey Nonprofit Corporation Act.
d.
The within schedule of fees for inspections and permits shall be
waived for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by a disabled
person, or a parent or sibling of a disabled person, and shall not
be required to pay any municipal fee or charge in order to secure
a construction permit for any construction, reconstruction, alteration
or improvement which promotes accessibility to his own living unit.
[Ord. #7/16/71; Ord. #6/18/79, § 1]
It shall be unlawful to use or permit the use of any building
or premises or part thereof now or hereafter created, located or erected,
changed, converted or enlarged, wholly or partly, until a Certificate
of Occupancy has been issued for the premises certifying that the
structure or use complies with the provisions of this chapter or other
pertinent Borough ordinances. The Construction Code Official shall
not issue any permit or Certificate of Occupancy for any structure
or use which does not conform with the provisions of this chapter.
[Ord. #8/20/79, § 1; Ord. #82-8, § 1;
Ord. #84-24, § 1; Ord. #91-04, § 1; Ord. #2001-12,
§ 1; Ord. #2009-12, § 1]
A certain document, three copies of which are on file in the Office of the Borough Clerk of the Borough of Beachwood being marked and designated as the International Property Maintenance Code, 2006 Edition as published by the International Code Council, Inc., be and is hereby adopted as the Property Maintenance Code, 2006 Edition of the Borough of Beachwood in the State of New Jersey for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code, 2006 Edition hereby referred to are adopted and made a part hereof, as if fully set out in this ordinance, with the additions, insertions, deletions and changes, if any, prescribed in subsection 10-4.2 of this section.
[Ord. #2001-12, § 2; Ord. #2009-12, § 2]
The following sections are hereby revised:
|
Section 101.1.
|
Insert the Borough of Beachwood.
|
|
Section 302.4
|
Eight inches.
|
|
Section 303.14.
|
Insert the dates from May 1st to November 1st.
|
|
Section 602.3
|
Insert October 1st to May 1st.
|
|
Section 602.4
|
Insert October 1st to May 1st.
|
[Ord. #82-13, §§ 1—2; Ord. #89-20, § 1;
Ord. #2001-12, § 4; Ord. #2008-08, § 1]
Any person, firm or corporation, who shall violate any provisions
of this Code, shall upon conviction thereof be subject to a fine for
the first offense of not less than $50 nor more than $1,000 or imprisonment
for a term not to exceed 180 days or both, at the discretion of the
Court.
Any person, firm or corporation, who shall violate any provision
of this Code a second time shall, upon conviction thereof, be subject
to a fine of not less than $150 nor more than $1,000 or imprisonment
for a term not to exceed 180 days or both, at the discretion of the
Court.
Any person, firm or corporation, who shall violate any provision
of this Code shall, upon conviction of a third offense to be subject
to a fine of not less than $300 or imprisonment for a term not to
exceed 180 days or both, at the discretion of the Court.
Any person, firm or corporation, who shall violate any provision
of this Code for the fourth or subsequent time shall be subject to
a fine of $1,000 or imprisonment for a term not to exceed 180 days
or both, at the discretion of the Court.
Each day that a violation continues after due notice has been
served, in accordance with the terms and provisions of the current
International Property Maintenance Code as amended and previously
adopted shall be deemed a separate offense.
[Ord. #2001-12, § 4]
Nothing in this section or in the Property Maintenance Code
hereby adopted shall be construed to affect any suit or proceeding
impending in any court or any rights acquired or liability incurred,
or any cause or causes of action acquired or existing, under any act
or ordinance hereby repealed as cited above in this section nor shall
any trust or legal right or remedy of any character be lost, impaired
or affected by this section.
[1]
Editor's Note: Prior ordinance history includes portions of
Ordinance Nos. 82-16 and 94-06.
[Ord. #2004-06, § 1]
As used in this section:
Shall mean any structure, partition, wall and/or hedge erected
for the purpose of enclosing a piece of land, dividing a piece of
land into distinct portions, and/or separating two contiguous estates,
and made of any material such as, but not limited to blocks, bricks,
stones, wood, iron, wire, plastics, growing hedges and/or similar
plants, or combination of any of the aforementioned materials.
Shall mean the space extending the full width between side
lot lines across the front of a lot between the street line and the
front setback line projected to the side lines of that lot.
Shall mean a fence having no more than 50% of its surface
covered.
Shall mean the triangular area formed by two intersection
street lines and a line connecting a point on each street line located
twenty-five (25') feet from the intersection of the street lines.
Shall mean a fence having more than 50% of its surface covered.
[Ord. #2004-06, § 1]
It shall be a violation of this section for any person(s), business,
entity, corporation, partnership, and/or agent, employee, and/or servant
of any person, business, entity, corporation, and/or partnership to
erect or replace any fence, on any property, or properties, unless:
a.
A permit is applied for and obtained from the Borough's Zoning Office.
A permit shall be issued within 10 days of the date of application,
or a written statement detailing the basis for denial shall be given
to the applicant. Failure on the Borough's part to provide the permit
or a written statement of the basis for denial within the 10 day time
period shall constitute approval;
b.
The appropriate fee, as determined and established by the Borough's
Fee Schedule, is paid; and,
c.
The fence erected and/or replaced complies with the requirements and restrictions set forth in subsection 10-5.4 of this section; or
d.
A variance is granted by the Planning Board of the Borough of Beachwood,
in accordance with the laws of the State of New Jersey and the ordinances
of the Borough of Beachwood.
[Ord. #2004-06, § 1]
No person shall erect or maintain a fence within the Borough
of Beachwood in violation of the following restrictions and requirements
without first obtaining approval from the Borough Planning Board.
All fences shall be erected and maintained in accordance with the
following requirements and restrictions:
a.
Inside the property lines and shall not encroach upon a public right-of-way;
b.
In a safe, sound and upright condition, and present a uniform appearance;
c.
Such that all supporting members of a fence shall be located on the
inside of the fence, and if erected or maintained along or adjacent
to a property line, the supporting members of the fence shall face
the principal portion of the tract of land of the property upon which
the fence is erected or maintained. The finished side of fences and
walls shall face adjacent properties;
d.
No fence shall block the vision from any street, roadway, and/or
driveway; nor shall it be erected or maintained in such a fashion
as to present a hazard to life or property regardless of the height,
material, construction and/or location;
e.
No fence shall be constructed, partially or entirely, of barbed wire,
razor ribbon and/or like material;
f.
No fence shall have any exposed spike ends if made of chain link
(cyclone); and
[Ord. #2004-06, § 1]
All fences, whether being erected or maintained, shall comply
with the following height and type restrictions:
a.
No fence with a height in excess of six (6') feet shall be constructed
or maintained on any private lands within the Borough;
b.
Fences in all front yard areas shall not exceed four (4') feet in
height and must be open. Hedges in front yard areas where utilized
as a fence shall not exceed thirty (30") inches in height;
c.
No fence shall be erected and/or maintained within a sight triangle
with a height in excess of thirty (30") inches and must be open;
d.
Any and all repair or replacement of an existing fence shall conform
to present standards contained in this section;
f.
Fences, walls and hedges running parallel to side or rear yard lines
may be erected, altered or reconstructed to a height not to exceed
six (6') feet when located in the side or rear yards of any dwelling
in a residential zone;
g.
The height of all fences shall be measured from the point where the
fence naturally rests. Existing ground elevation shall not be adjusted
so as to artificially manipulate any height limitation and/or restriction
established by this chapter;
h.
The foregoing restrictions shall not be applied so as to prevent
the erection of any open wire fence not exceeding eight (8') feet
above ground level anywhere within a public park, public playground
or school premises. Temporary eight (8') foot high open wire fences
shall be permitted at construction sites as long as it is removed
prior to issuance of the final certificate of occupancy.
i.
In commercial zones, fences in all front yard areas shall not exceed
four feet in height and must be open. Fences not located in front
yard areas may be solid but shall not exceed six (6') feet in height.
[Ord. #2004-06, § 1]
It shall be the duty of the Zoning Officer and/or Code Enforcement
Officer or their duly appointed designees to administer and enforce
the provisions of this section.
[Ord. #2004-06, § 1]
If the Zoning Officer and/or Code Enforcement Officer, or his
duly appointed designee, determines, upon inspection, that any fence,
or any portion of any fence, was not erected or is not being maintained
in accordance with the provisions of this section, he shall notify
the owner of the property on which the fence is erected and/or maintained,
in writing, that the fence is in violation of this section and order
the fence be repaired or removed within 15 days of the date the written
notice is received.
[Ord. #2004-06, § 1]
Should the owner of the property upon which the fence has been erected in violation of this section fail to abate the problem as set forth in subsection 10-5.6 within 15 days, the Zoning Officer and/or Code Enforcement Officer, or his duly appointed designee, shall issue a summons upon said property owner for a violation of this section.
[Ord. #2004-06, § 1]
Any person(s), business, entity, corporation, partnership, and/or agent, employee, and/or servant of any person, business, entity, corporation and/or partnership who violates any portion of this section shall upon conviction be subject to the penalties set forth in Chapter 1, subsections 1-5.1 through 1-5.4 of the Revised General Ordinances of the Borough of Beachwood.
[Ord. #2004-06, § 1]
The attached illustrations are indicative of the application
of some subsections of this section applied to a typical lot or property.[1]
[1]
Editor's Note: The illustrations referred to herein are included as an attachment to this chapter.
[Ord. #84-10, § 1]
The purpose of this section is to assist the various providers
of emergency services such as police, fire, and first aid within the
Borough of Beachwood, Ocean County, New Jersey.
[Ord. #84-10, § 2]
The Borough Engineer shall have the authority to assign numbers
of all lots, buildings, and structures located or to be located in
the Borough.
[Ord. #84-10, § 3]
It shall be the duty and responsibility of the owners of every
building, intended or used for residential or commercial purposes,
within the Borough to place, or have placed, the designated street
number of each building in a conspicuous place on the side of the
building facing the street parallel with the front entrance within
60 days from the date of final adoption of this section. The street
number shall be of such size and color as to make the street number
readily, distinctively, and clearly discernible from the street. The
street numbers shall be of script or block letter style with each
character or digit having a minimum height of two and one-half (2 1/2")
inches, a minimum surface width of five-eighths (5/8") of an inch,
and a minimum depth of one thirty-second (1/32") of an inch.
[New]
[Ord. #88-2, § 1; Ord. #2008-08, § 2]
That a certain document, three copies of which are on file in
the Office of the Borough Clerk of Beachwood, County of Ocean, State
of New Jersey, being more particularly designated as the current version
of the "International Property Maintenance Code" be and is hereby
adopted as the existing structures code of the Borough of Beachwood,
County of Ocean, and State of New Jersey for the control of buildings
and structures herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of said International
Property Maintenance Code are hereby referred to, adopted, and made
a part hereof as if fully set out in this section, with additions,
insertions, deletions, and changes, if any, prescribed in this section.
[Ord. #94-16, § 1]
The grade of the first floor, which shall be the top of a foundation
of any building or structure shall be a minimum of twenty-four (24")
inches above the crown of the road on which said lot fronts. Finish
grades for either attached or unattached garages in accessory buildings
shall be at least twelve (12") inches above the crown of the road.
All foundations shall be suitably backfilled with either earth or
broken stone to finish grade, which shall be of a sufficient incline
away from the building or structure to permit the adequate drainage
of all stormwater away from the building. No stumps, brush, trash,
scrap material, etc. shall be buried in the foundation backfill or
anywhere else upon the premises.
[Ord. #94-16, § 1]
All downspouts and leaders emptying on grade shall have splash
blocks constructed of concrete or other approved materials so located
as to carry the water at least three (3') feet away from the side
of the building.
[Ord. #2005-23, § 1]
The ownership of real estate containing a dwelling unit thereon
shall not be transferred unless prior thereto the owner has obtained
from the Borough Zoning Officer a permit for continued occupancy.
[Ord. #2005-23, § 2]
Such permit for continued occupancy shall certify that such
dwelling or dwelling unit complies with the requirements of the New
Jersey State Housing Code.
[Ord. #2005-23, § 3]
a.
Within 10 days of receipt of the application, application fee and
the Zoning Officer being able to successfully schedule an inspection
of the property, a permit for continued occupancy shall be issued
pursuant to this section or be denied based on the above-referenced
New Jersey State Housing Code. In the event of a denial, the Zoning
Officer shall list the reasons therefor.
b.
The Zoning Officer may issue a temporary permit for occupancy for
a period not to exceed 90 days if the structure substantially complies
and fits the criteria of the above-referenced Housing Code. In such
event, the temporary permit for occupancy shall be conditioned upon
the completion of such items specified by the Zoning Officer in the
time established by said official. Said inspection shall additionally
include a zoning inspection of the premises to ensure compliance with
the Borough's zoning ordinance.
[Ord. #2005-23, § 4]
The owner or agent of the inspected property shall be charged
a fee of $50 per dwelling unit.
[Ord. #2005-23, § 5]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $1,000 for each
separate offense and/or confinement in the Ocean County Jail for a
period of not more than 90 days.
[Ord. #2005-24, § 1]
a.
All dwelling units within the Borough of Beachwood that are leased
or rented for living or sleeping purposes, regardless of the term,
shall be required to obtain a rental permit. The rental permit shall
be valid for the period hereinafter enumerated. No tenant shall occupy
any dwelling unit until a rental permit has been issued.
b.
The term "dwelling unit" shall be defined as a room or series of
connected rooms containing living, cooking, sleeping and sanitary
facilities for one or more persons.
c.
Hotels, motels, rooming houses and boarding houses which are licensed
by the Borough shall not be subject to the requirements of this section.
[Ord. #2005-24, § 2; Ord. #2006-03, § 1]
All rental dwelling units within the Borough of Beachwood shall comply with the International Property Maintenance Code of 2000 or such amendments and additions as may from time to time be adopted by the International Code Council, excluding Chapter 1 "Administration," are hereby adopted as standards governing supplied utilities and facilities and other physical things and conditions essential to making dwellings safe, sanitary and fit for human habitation, occupancy or use and governing the condition of dwellings. A copy of the International Property Maintenance Code of 2000, as revised and updated, is on file in the Office of the Zoning/Code Enforcement Officer and is made part of this section by reference. Said final copy shall remain on file in the Office of the Zoning Code Enforcement Officer for the use and examination of the public.
[Ord. #2005-24, § 3; Ord. #2006-03, § 2;
Ord. #2007-06, § 2]
a.
All dwelling units in the Borough of Beachwood that are leased or
rented for living or sleeping purposes shall be required to obtain
an annual rental permit and shall comply with the standards outlined
herein.
b.
The nonrefundable application fee for an annual rental permit shall
be $50 per dwelling unit. The annual rental permit shall expire one
year from the date of issuance.
[Ord. #2005-24, § 4]
The owner, rental agent or manager of all dwelling units requiring
a rental permit pursuant to this section shall be responsible for
submitting an application together with the appropriate fee to the
Borough Zoning Officer on forms provided for such purpose prior to
occupancy of a dwelling unit. The application shall include information
regarding the total number of dwelling units located on the property,
the rental status of each unit and the signature and title of the
person submitting the application. The application shall include such
additional information as the Zoning Officer may require in order
to administer the provisions of this section.
[Ord. #2005-24, § 5; Ord. #2006-03, § 3]
Upon receipt of an application for a rental permit, the Zoning/Code
Enforcement Officer or a duly-designated representative shall conduct
a general inspection of the premises on the visible parts of the building
exterior and dwelling unit interior to ensure compliance with the
required standards. The Zoning/Code Enforcement Officer shall keep
on file a rental checklist which shall be used as a general guide
for said rental inspections. The Zoning/Code Enforcement Officer or
his or her designee will make a report, favorable or otherwise, within
a reasonable time after completing the inspection. The property owner,
rental agent or manager shall admit the Zoning/Code Enforcement Officer
or his or her designee at any reasonable time for the purpose of making
the required inspection. Whenever there are practical difficulties
involved in carrying out the provisions of this section or code, the
Zoning/Code Enforcement Officer or designee shall have the authority
to grant modifications for individual cases, providing the Zoning/Code
Enforcement Officer or designee shall first find that the special
individual reason makes the strict letter of this section or Code
impractical and the modifications are in compliance with the intent
and purpose of the section or Code and that such modifications do
not lessen the health and safety requirements. The detailed action
granting modification shall be recorded and entered into the department
files.
[Ord. #2005-24, § 6]
If the premises are found to conform with required standards,
the Code Enforcement Officer shall approve the application and post
the rental permit in a location which is visible from the exterior
of the premises.
[Ord. #2005-24, § 7]
If the premises are found not to conform with the required standards,
the Zoning Officer shall notify the applicant that the rental permit
application will be denied or conditionally approved. Such notification
shall be in writing and shall state the reasons for denial or conditional
approval advising the repairs or improvements necessary in order for
a rental permit to be issued.
[Ord. #2005-24, § 8]
Any rental permit may be revoked by the Zoning Officer after
an inspection, written notice of violation to the property owner,
rental agent or manager and 10 day period to correct such violations.
[Ord. #2005-24, § 9]
Any dwelling unit which is required to be reinspected shall
be required to pay a twenty ($20.00) dollar reinspection fee.
[Ord. #2005-24, § 10]
Any person who violates any one or more subsections of this
section shall be subject to a fine of not more than $1,000 for each
separate offense and/or confinement in the Ocean County Jail for a
period of not more than 90 days. Each day that a violation continues
after notice has been served shall be deemed a separate offense.
[Ord. #2006-03, § 4]
If any section, subsection, paragraph, sentence or any part
of this section is adjudged unconstitutional or invalid, such judgment
shall not affect, impair or invalidate the remainder of this section
but shall be confirmed in its effect to the action, subsection, paragraph,
sentence or other part of this section directly involved in the controversy
in which such judgment shall have been rendered.
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
One year from the date of the first action that requires
registration pursuant to this chapter, and every subsequent year that
the property is still a registerable property. The date of the initial
registration may be different than the date of the first action that
required registration.
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this Section. For purposes
of this Section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
An owner shall include the title holder, any agent of the
title holder having authority to act with respect to a vacant/abandoned
property, any foreclosing entity that has filed a complaint in foreclosure
pursuant to P.L. 2014, Chapter 35. Said entity shall further be responsible
for the care, maintenance, security and up-keep of the exterior of
the vacant, abandoned residential property and, if located out of
state, shall be responsible for appointing an in-State representative
or agent to act for the foreclosing creditor.
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
In accordance with N.J.S.A. 40:48-2.12s3(b)(8), a property
shall be considered vacant and abandoned if it is not legally occupied
by a mortgagor or tenant, which is in such condition that it cannot
be legally reoccupied, because of the presence or finding of at least
two of the following:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
a.
Any creditor or mortgagee filing a summons and complaint in an action
to foreclose real property in the Borough of Beachwood shall, in addition
to the notice provided to the municipality pursuant to N.J.S.A. 46:10B-51
or N.J.S.A. 40:48-2.12s2, register the residential or commercial property
with the Borough's property registration program within 10 days
of filing the summons and complain in an action to foreclose, as a
property in foreclosure and, as part of that registration:
1.
Provide the Borough with the information regarding the creditor required
by N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s2;
2.
Appoint a property manager to inspect, maintain and secure the real
property subject to the mortgage in foreclosure;
3.
Provide the name of the creditor or mortgagee, the mailing address
of the mortgagee, email address, telephone number and name of the
property manager and said person's address, email address, and
telephone number, regardless of whether it is occupied or vacant;
4.
Identify the date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing;
5.
Identify whether the property is vacant and abandoned in accordance with the definition herein under § 10-11.1; and
6.
Register a separate registration for each property subject to a filing
a summons and complaint in an action to foreclose real property.
b.
Any mortgagee who holds a mortgage on real property located within
the Borough shall perform an inspection of the property upon default
by the mortgagor as evidenced by the filing of a foreclosure action.
c.
Property inspected pursuant to paragraph a above that remains in
foreclosure shall be inspected every 30 days by the creditor or mortgagee.
If an inspection shows a change in the property's occupancy status,
the creditor or mortgagee shall, within 10 days of that inspection,
update the occupancy status of the property registration.
d.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information;
e.
A creditor filing a summons and complaint in an action to foreclose shall, if the registered property becomes vacant and abandoned as defined in § 10-11.2 after the property is initially registered with the Borough, update the property registration with the Borough to reflect the change in the property's status within 10 days of the inspection performed under paragraph c above.
f.
A creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program;
g.
Any mortgagee or creditor located out of state shall be responsible
for appointing an in-state representative or agent to act for the
foreclosing creditor and shall provide the name and contact of said
in-state representative or agent to the Borough Administrator within
10 days of the appointment of same.
h.
At the time of initial registration, each registrant shall pay a nonrefundable annual registration fee of $500 for each property that is required to be registered because a summons and complaint in an action to foreclose was filed by the creditor. Subsequent nonrefundable annual registrations of properties and fees in the amount of $500 are due within 10 days of the expiration of the previous registration. An additional $2,000 per property shall be assessed annually if the property is vacant or abandoned pursuant to § 10-11.2 when the summons and complaint in an action to foreclose is filed, or becomes vacant and abandoned pursuant to § 10-11.2 at any time thereafter while the property is in foreclosure. Said fees shall be deposited to a special account in the Borough's department dedicated to the cost of implementation and enforcement of this section and fulfilling the purpose and intent of this section. None of the funds provided for in this subsection shall be utilized for the legal defense of foreclosure actions.
i.
If the mortgage and/or servicing on a property is sold or transferred,
the new mortgagee is subject to all the terms of this section. Within
10 days of the transfer, the new mortgagee shall register the property
or update the existing registration. The previous mortgagee(s) will
not be released from the responsibility of paying all previous unpaid
fees, fines, and penalties accrued during that mortgagee's involvement
with the registrable property.
j.
If the mortgagee sells or transfers the registrable property in a
non-arm's-length transaction to a related entity or person, the
transferee is subject to all the terms of this section. Within 10
days of the transfer, the transferee shall register the property or
update the existing registration. Any and all previous unpaid fees,
fines, and penalties, regardless of who the mortgagee was at the time
registration was required, including but not limited to unregistered
periods during the foreclosure process, are the responsibility of
the transferee and are due and payable with the updated registration.
The previous mortgagee will not be released from the responsibility
of paying all previous unpaid fees, fines, and penalties accrued during
that mortgagee's involvement with the registerable property.
k.
This subsection shall also apply to properties that have been the
subject of a foreclosure sale where title is transferred to the mortgagee
as well as any properties transferred to the mortgagee under a deed
in lieu of foreclosure or by any other legal means.
l.
Properties subject to this subsection shall remain subject to the
annual registration requirement and the inspection, security, and
maintenance standards of this subsection as long as the property remains
registerable.
m.
Failure of the mortgagee and/or property owner of record to properly
register or to modify the registration to reflect a change of circumstances
as required by this section is a violation of this section and shall
be subject to enforcement by any of the enforcement means available
to the Township.
n.
If any property is in violation of this section, the Borough may
take the necessary action to ensure compliance with and/or place a
lien on the property for the cost of the outstanding obligation and
any additional cost incurred to bring the property into compliance.
o.
Registration of foreclosure property does not alleviate the mortgagee
and/or owner from obtaining all required licenses, permits and inspections
required by applicable code or state statutes. Acquisition of required
licenses, permits and inspections or registration of rental property
does not alleviate the requirement for the property to be registered
under this subsection. The mortgagee and/or owner is expected to update
the status of the property in the event of a mortgagee-managed rental.
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
a.
If a property is registerable and the property has become vacant
or blighted, a property manager shall be designated by the creditor,
mortgagee or owner to perform the work necessary to bring the property
into compliance with the applicable code(s), and the property manager
must perform regular inspections to verify compliance with the requirements
of this section and any other applicable laws.
b.
In addition to the above, the property is required to be secured
in accordance with the applicable code(s) of the Township.
c.
When a property subject to this section becomes vacant, it shall
be posted with the name, address and telephone number of the creditor
or out-of-state creditor's in-state representative or agent for
the purpose of receiving service of process. There shall also be posted
the name of the property manager, email address and twenty-four-hour
contact telephone number of the property manager. The property manager
shall be available to be contacted by the Borough, Monday through
Friday, between 9:00 a.m. and 5:00 p.m., legal holidays excepted.
The sign shall be placed in a window facing the street and shall be
visible from the street. The posting shall be no less than 18 inches
by 24 inches and shall be of a font that is legible from a distance
of 45 feet. The posting shall contain the following language with
supporting information:
|
CREDITOR (OR IF APPLICABLE, OUT-OF-STATE CREDITOR’S IN-STATE
REPRESENTATIVE OR AGENT):
|
|
|
|
CREDITOR’S ADDRESS: _________________________________
|
|
___________________________
|
|
CREDITOR’S TELEPHONE NUMBER: ________________________________
|
|
THIS PROPERTY IS MANAGED BY ____________________________
|
|
|
|
AND IS INSPECTED ON A REGULAR BASIS.
|
|
THE PROPERTY MANAGER CAN BE CONTACTED
|
|
|
|
BY TELEPHONE AT _______________________________________
|
|
OR BY EMAIL AT _________________________________________
|
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
a.
If the Enforcement Officer has reason to believe that a property
subject to the provisions of this section is posing a serious threat
to the public health, safety, and welfare, the Code Enforcement Officer
may temporarily secure the property at the expense of the mortgagee
or owner and may bring the violations before the Code Enforcement,
Committee or Special Magistrate as soon as possible to address the
conditions of the property. Nothing herein shall limit the Borough
from abating any nuisance or unsafe condition by any other legal means
available to it. In the case of a violation for failure to provide
care, maintenance, security, and upkeep of the exterior of vacant
and abandoned property, such notice shall require the person or entity
to correct the violation within 30 days of receipt of the notice,
or within 10 days of receipt of the notice if the violation presents
an imminent threat to public health and safety.
[Ord. #2015-07; amended 10-4-2023 by Ord. No. 2023-08]
a.
A creditor or mortgagee found by the municipal court of the Borough
in which the property subject to the ordinance is located, or by any
other court of competent jurisdiction, to be in violation, shall be
subject to a fine of $1,500 for each day of the violation. Any fines
imposed pursuant to this paragraph shall commence 31 days following
receipt of the notice of violation, except if the violation presents
an imminent risk to public health and safety, in which case any fines
shall commence 11 days following receipt of the notice.
b.
An out-of-state creditor found by the municipal court of the Borough
in which the property subject to the ordinance is located, or by any
other court of competent jurisdiction, to be in violation of the requirement
to appoint an in-state representative or agent pursuant to the ordinance
shall be subject to a fine of $2,500 for each day of the violation.
Any fines imposed on a creditor for the failure to appoint an in-state
representative or agent shall commence on the day after the ten-day
period set forth in N.J.S.A. 46:10B-51 or N.J.S.A. 40:48-2.12s3 for
providing notice to the Municipal Clerk that a summons and complaint
in an action to foreclose on a mortgage has been served.
[Former § 10-11.7, Fine Monies Collected by the
Municipality, was repealed 10-4-2023 by Ord. No. 2023-08. History includes:
Ord. #2015-07]
[Ord. No. 2019-04]
The purpose of this section is to address the use and placement
of portable storage containers within the Borough of Beachwood. This
section shall apply to tenants and/or the owners of real property
within the Borough.
[Ord. No. 2019-04]
The following terms to be used in this section are defined as
follows:
Shall mean a portable storage container or unit that does
not have a permanent foundation or footing and which includes portable
storage containers, construction trailers, and bulk solid waste containers.
Such structures shall not be considered a building or accessory structure.
Shall mean a self-storage container that is delivered to
and retrieved from a home or business for long term off-site or on-site
storage. Portable Storage On Demand or PODS® are a familiar trade name for such containers. These containers
are not on a chassis and do not have axles or wheels.
Shall mean a trailer, portable temporary container, or portable
structure with or without axles and wheels intended to support construction
activity at a site with an active building permit.
Shall mean a container intended for construction waste material
or other refuse, excluding garbage, for the purpose of removing said
material from a site.
[Ord. No. 2019-04]
This section shall apply to all trailers and storage containers
that are adaptable or suitable to be used for storage.
[Ord. No. 2019-04]
Before a portable storage container is placed on any property,
the owner, tenant or contractor working on the subject property must
submit an application for a land use permit approving such placement
from the Zoning Department. If the permit application is made by a
tenant or contractor, written permission of the owner of the subject
property for the placement of such portable storage container on the
subject property must be provided to the Department of Community Development
before a permit is issued. Permits shall be -issued for a time period
of 45 days. The fee for the portable container permit shall be $10.
[Ord. No. 2019-04]
Only two portable storage containers may be placed at any residential
property at one time.
[Ord. No. 2019-04]
A Portable Storage Container may not exceed (10') feet in height,
(10') feet in width or (20') feet in length in residential used land.
[Ord. No. 2019-04]
a.
Portable storage containers may be located as a temporary storage
container on property within the Borough for a period not exceeding
45 days in duration from time of delivery to time of removal. Such
temporary container may not be located on the same specific property
more than two times in any given one-year period.
b.
In the event of high winds or other weather conditions in which such
container may become a physical danger to persons or property, the
Zoning Officer or a Code Enforcement Officer or their designee may
require the immediate removal of such temporary container.
[Ord. No. 2019-04]
In the event of fire, hurricane or natural disaster causing
substantial damage to a structure, the property owner may apply to
the Borough for permission to extend the time that a portable storage
container may be located as a temporary structure on the property.
Application for such extended duration shall be made in writing and
filed with the Zoning Department and shall give sufficient information
to determine whether such extended duration should be granted. The
Zoning Officer or his or her designee shall determine whether or not
to grant such extended duration and the length of such extension.
In the event of an adverse decision by the Zoning Officer or his or
her designee, the applicant may appeal such decision to the Borough
Council. In the event of such appeal, the decision of the Borough
Council shall be final.
Portable storage containers are prohibited from being placed
in streets, public rights-of-way, or on unimproved surfaces in the
front yard of a property and may only be placed upon driveways, side
and rear yards, if such locations meet the requirements of this section.
All locations on off-street surfaces must be located at the furthest
accessible point from the street, and all must comply with the side
yard accessory structure setback requirements for any accessory structures
in the zone in which such portable storage container is located. If
the property does not have a driveway, or cannot meet the standards
described herein, the Zoning Officer or his/her designee may, as part
of the permit approval process, approve the placement of a container
in the front yard, If such portable storage container is to be permitted
to be located in the front yard, it must be kept at the furthest accessible
point from the street and the surrounding area must be maintained
in a weed-free condition. Wherever portable storage containers may
be placed, they shall be subject to all property maintenance standards
applicable to accessory structures. No portable storage container
shall be allowed to remain outside in a state of disassembly or disrepair.
[Ord. No. 2019-04]
No toxic or hazardous material may be stored in any storage
structure or container within the Borough.
a.
Any portable storage container placed in violation of this section
or which is not removed at the end of the time for which it may lawfully
remain in place shall be in violation of this section. Failure to
immediately remove a temporary structure upon the direction of the
Code Enforcement Officer, Zoning Officer or a law enforcement officer
for safety reasons shall be a violation of this section. Any person
who violates any provision of this section shall be liable to a penalty,
upon conviction thereof, of a fine not to exceed $2000 for each violation
committed hereunder.
b.
The owner of the subject property shall be afforded a 15 day period
to cure or abate such violation. Every day that a violation continues
after service of written notice by certified and/or regular mail on
the owner of the subject property as shown in the latest tax duplicate
shall be deemed a separate offense. The court may also order the removal
of the violation by the Borough, and the cost of such removal, together
with the cost of administration of its removal, may be assessed against
the property on which the temporary storage structure was located
and may be filed as a lien against such property by the Borough Clerk.
Such lien shall be superior in dignity to all other liens or encumbrances
upon the property, including the lien of a mortgage, and shall be
equal in dignity to the lien of ad valorem taxes.
[Ord. No. 2019-04]
[Added 12-20-2023 by Ord. No. 2023-15]
[Added 12-20-2023 by Ord. No. 2023-15]
As used in this section, the following terms shall have the
meanings indicated:
A single building that is divided to accommodate more than
one family living separately.
A tenant's regular payment to a landlord for the use
of property or land.
A structure or part of a structure used as a home, residence,
or sleeping unit by a single person or household unit, or any grounds,
or other facilities or area promised for the use of a residential
tenant.
[Added 12-20-2023 by Ord. No. 2023-15]
a.
The owner of a rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount of no less than $500,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
b.
The owner of a multifamily home which is four or fewer units, one
of which is owner-occupied, shall maintain liability insurance for
negligent acts and omissions in an amount of no less than $300,000
for combined property damage and bodily injury to or death of one
or more persons in any one accident or occurrence.
[Added 12-20-2023 by Ord. No. 2023-15]
Pursuant to P.L. 2022, C. 92, the owner of a rental unit or units, and the owner of a multifamily home of four or fewer units, one of which is owner-occupied, shall annually register the certificate of insurance demonstrating compliance with subsection 10-13.2 of this section with the municipality in which the rental units, or multifamily home is located.
[Added 12-20-2023 by Ord. No. 2023-15]
Pursuant to the Penalty Enforcement Law of 1999, P.L. 1999,
C. 274,[1] an owner who fails to comply with the provisions of this
section shall be subject to an ordinance violation fine of not less
than $500 but not more than $5,000 per rental units and/or multifamily
homes.
[1]
Editor's Note: See N.J.S.A. 2A:58-10 et seq.
[Added 12-20-2023 by Ord. No. 2023-15]
This section shall be in full force and effect from and after
its adoption and any publication as may be required by law.
