[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-21-2007 by Ord. No. 17-2007; amended in its entirety at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
A.
For violation
of any provision of this Code or any ordinance of the Borough where
no specific penalty is provided, the minimum penalty upon conviction
shall be $100 and the maximum penalty shall be one or more of the
following: a fine not exceeding $2,000, imprisonment for a period
not exceeding 90 days or a period of community service not exceeding
90 days. Unless otherwise provided, each day a violation continues
shall be considered a separate offense.
B.
If the Borough
of Sea Bright chooses to impose a fine in an amount greater than $1,250
upon an owner for violations of housing or zoning code regulations
the Borough shall provide a thirty-day period in which the owner shall
be afforded the opportunity to cure or abate the condition and shall
also be afforded an opportunity for a hearing before the Municipal
Court for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if the Court has not determined otherwise or, upon
reinspection of the property, it is determined that the abatement
has not been substantially completed.
[Adopted 11-17-2020 by Ord. No. 12-2020]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Sea Bright of a general and permanent nature adopted by the Mayor and Council of the Borough of Sea Bright, as revised and codified and consisting of Chapters 1 through 207, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Borough of Sea Bright, hereinafter referred to as the "Code." The provisions of the Code, insofar as they are substantively the same as those of the ordinances in force immediately prior to the enactment of the Code by this ordinance, are intended as a continuation of such ordinances and not as new enactments. This ordinance and the Code adopted hereby shall supersede and replace the 1998 Code of the Borough of Sea Bright, as amended and supplemented.
A.
A copy of
the Code has been filed in the office of the Borough Clerk and shall
remain there for use and examination by the public until final action
is taken on this ordinance. Following adoption of this ordinance,
such copy shall be certified to by the Clerk of the Borough of Sea
Bright by impressing thereon the Seal of the Borough, as provided
by law, and such certified copy shall remain on file in the office
of the Borough Clerk, to be made available to persons desiring to
examine the same during all times while said Code is in effect.
B.
Additions
or amendments to the Code, when adopted in such form as to indicate
the intent of the Mayor and Council to make them a part thereof, shall
be deemed to be incorporated into such Code so that reference to the
"Code of the Borough of Sea Bright" shall be understood and intended
to include such additions and amendments.
The Clerk of the Borough of Sea Bright shall cause notice of the passage of this ordinance to be given in the manner required by law. The notice of passage of this ordinance coupled with filing of the Code in the office of the Borough Clerk as provided in § 1-3 shall be deemed, held and considered to be due and legal publication of all provisions of the Code for all purposes.
Each section of this ordinance and of the Code and every part
of each section is an independent section or part of a section, and
the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
A.
Ordinances
or parts of ordinances inconsistent with the provisions contained
in the Code adopted by this ordinance are hereby repealed; provided,
however, that such repeal shall only be to the extent of such inconsistency,
and any valid legislation of the Borough of Sea Bright which is not
in conflict with the provisions of the Code shall be deemed to remain
in full force and effect.
B.
The following
ordinances have been removed from the Code and are specifically repealed:
(1)
Ordinance No. 107-99 (Chapter 134, Library, Article I, Fines for Overdue Materials), as amended by Ordinance No. 9-2003.
(2)
Ordinance No. 114-99 (Chapter 134, Library, Article II, Use of Meeting Room), as amended by Ordinance No. 9-2003.
(3)
Ordinance
No. 21-00 (Chapter 134, Library, Article III, Nonresident Library
Use), as amended by Ordinance No. 9-2003.
The adoption of this Code and the repeal of ordinances provided
for in § 1- 6 of this ordinance shall not affect the following
ordinances, rights and obligations, which are hereby expressly saved
from repeal:
A.
Any ordinance
adopted subsequent to September 1, 2020.
B.
Any right
or liability established, accrued or incurred under any legislative
provision prior to the effective date of this ordinance or any action
or proceeding brought for the enforcement of such right or liability.
C.
Any offense
or act committed or done before the effective date of this ordinance
in violation of any legislative provision or any penalty, punishment
or forfeiture which may result therefrom.
D.
Any prosecution,
indictment, action, suit or other proceeding pending or any judgment
rendered prior to the effective date of this ordinance, brought pursuant
to any legislative provision.
E.
Any franchise,
license, right, easement or privilege heretofore granted or conferred.
F.
Any ordinance
providing for the laying out, opening, altering, widening, relocating,
straightening, establishing of grade, changing of name, improvement,
acceptance or vacation of any right-of-way, easement, street, road,
highway, park or other public place or any portion thereof.
G.
Any ordinance
or resolution appropriating money or transferring funds, promising
or guaranteeing the payment of money or authorizing the issuance and
delivery of any bond or other instruments or evidence of the Borough's
indebtedness.
H.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract, agreement or obligation.
I.
The levy
or imposition of taxes, assessments or charges or the approval of
the municipal budget.
J.
The dedication
of property or approval of preliminary or final subdivision plats.
K.
All currently
effective ordinances pertaining to the rate and manner of payment
of salaries and compensation of officers and employees.
L.
Any ordinance
adopting or amending the Zoning Map.
M.
Any ordinance
relating to or establishing a pension plan or pension fund for municipal
employees.
N.
Ordinance
Nos. 72-98 and 83-98 pertaining to the establishment of handicapped
parking spaces in front of specific properties and any ordinances
of this nature adopted in the future.
A.
In preparing
the revision and codification of the Borough's ordinances pursuant
to N.J.S.A. 40:49-4, certain minor grammatical and nonsubstantive
changes were made in one or more of said ordinances. It is the intention
of the Mayor and Council that all such changes be adopted as part
of the Code as if the ordinances so changed had been formally amended
to read as such.
B.
In addition,
the changes, amendments or revisions as set forth in Schedule A attached
hereto and made a part hereof are made herewith, to become effective
upon the effective date of this ordinance.[1] (Chapter and section number references are to the ordinances
as they have been renumbered and appear in the Code.)
[1]
Editor's Note: In accordance with § 1-8B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article II. During routine supplementation, footnotes indicating amendments or additions will be replaced with the following wording: "amended (added) 11-17-2020 by Ord. No. 12-2020." A complete description of all changes is on file in the Township offices.
C.
Throughout
the Code:
(1)
References
to "Finance Officer" and "Treasurer" are amended to read "Chief Financial
Officer."
(2)
References
to "Chairman" and "Chair" are amended to "Chairperson."
(3)
References
to "Superintendent of Public Works" are amended to "Director of Public
Works."
(4)
References
to "Construction Code Official" and "Building Inspector" are amended
to "Construction Official."
(5)
References
to "Plumbing Inspector" are amended to "Plumbing Subcode Official."
A.
Chapter and
article titles, headings and titles of sections and other divisions
of the Code are inserted in the Code and may be inserted in supplements
to the Code for the convenience of persons using the Code and are
not part of the legislation.
B.
Editor's
notes indicating sources of sections, giving other information or
referring to the statutes or to other parts of the Code are inserted
in the Code and may be inserted in supplements to the Code for the
convenience of persons using the Code and are not part of the legislation.
It shall be unlawful for anyone to change, alter or tamper with
the Code in any manner which will cause the laws of the Borough of
Sea Bright to be misrepresented thereby. Anyone violating this section
shall be subject, upon conviction, to one or more of the following
penalties: a fine of not more than $2,000, imprisonment for not more
than 90 days or a period of community service not exceeding 90 days,
in the discretion of the Judge imposing the same.
This ordinance shall take effect immediately upon final passage
and publication as provided by law.
