[Amended 11-21-2023 by Ord. No. 2023-40]
a.
There is hereby established in the City of Asbury Park a State Uniform Construction Code enforcing agency to be known as the Division of State Uniform Construction Code Enforcement Agency consisting of those officials appointed in Chapter II, Administration, Section 2-16, Department of Building and Housing.
b.
Each official position shall be filed by a person qualified for such
position pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23-1
et seq.; 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. 5:33-1 et seq.
[Ord. No. 2795; amended 11-21-2023 by Ord. No.
2023-40]
Appeals shall be under the jurisdiction of the County of Monmouth
Construction Board of Appeals.
[Ord. No. 2795; Ord. No. 2830; Ord. No.
2921; Ord. No. 2015-04; amended 10-26-2022 by Ord. No. 2022-12; 11-21-2023 by Ord. No. 2023-40]
The following fee schedule has been approved and adopted for
use within the City of Asbury Park:
a.
New Jersey State permit surcharge fees.
Amount: This fee shall be in the amount of $0.00371 per cubic
foot volume of new buildings and additions. Volume shall be computed
in accordance with N.J.A.C. 5:23-2.28. The fee for all other construction
shall be $1.90 per $1,000.00 of value of construction. Minimum fee
is $1.00. The above fee is subject to periodic change and exemptions
established by the Department of Community Affairs and will be calculated
in accordance with N.J.A.C. 5:23-4.19 hereafter and as applicable
with the regulations.
1.
General Fees.
(a)
The fee for plan review shall be due upon completion of subcode
plan review.
(b)
The fee to be charged for a construction permit will be the
sum of the basic construction fee plus all applicable special fees
including fees for electronic filing. This fee shall be paid before
a permit is issued and proposed work commencing.
(c)
The fee to be charged for a certificate of occupancy shall be
paid before a certificate is issued. This fee shall be in addition
to the construction permit.
(d)
All fees shall be rounded to the nearest dollar.
2.
Fees shall be as follows:
(a)
Plan review fee. The fee for plan review shall be 25 percent
of the amount to be charged for a construction permit. When prototype
plans have been released a plan review fee shall not be collected
for permits issued there from and the total permit fee shall be reduced
by 25 percent. There shall be an additional plan review fee of $35.00
per hour for review of an amendment or change to any plan that has
already been released per subcode having assigned plan review responsibility
to perform such as a review in conjunction with the regulations and
actual submittal. This fee may be waived at the discretion of the
Construction Official in the event the work and review are of a minor
nature.
(b)
The basic construction permit fee shall be the sum of the parts
computed on the basis of the volume or cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electrical
fixtures and rating of electrical devices, the number of sprinklers,
standpipes and detectors (smoke and heat) at the unit rates and/ or
the applicable flat fees as provided herein plus any special fees.
The minimum fee for a basic construction permit shall be $65.00 for
a single subcode permit. The minimum fee for multiple subcodes per
construction permit shall be $65.00 per subcode.
(1)
All fees listed and/or itemized in this fee schedule shall also apply
to Mechanical permits required by N.J.A.C. 5:23-3.4(d).
(c)
Flat Fees: When the term "flat fee" is used, the fee for that
work shall be as noted in that section regardless of the number of
subcodes involved or the minimum permit fees established. Any additional
work performed in conjunction with a component that has a flat fee
designation shall also be charged the additional fee as noted herein
for that particular item in addition to the initial flat fee. Permits
issued that include flat fees are subject to the state surcharges
as noted above.
(d)
Individual tenant space fit-up: When plans and specifications
for individual tenant spaces in multi-tenant spaces or buildings have
been submitted and were not part of the original permit application,
the fee for permit updates shall be based upon the cost of work. For
electric, fire and plumbing, the fees shall be based upon the equipment
installed.
b.
Building volume or cost. The fees for new construction or alteration
are as follows:
1.
Fees for new construction shall be based upon the volume of the structure.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The
new construction fee shall be in the amount of $0.055 per cubic foot
of volume for buildings and structures of all use groups. The fee
for large, open-volume buildings such as barns, silos, greenhouses,
warehouses, distribution centers and other agricultural, recreational
and storage use buildings shall be $0.045 per cubic foot of volume.
For the purpose of calculating the volume to determine the fee for
these spaces, the height shall be limited to 20 feet notwithstanding
the fact that the actual height of the space may be greater than 20
feet. The fee shall be $0.0008 per cubic foot of volume for structures
on farms, including commercial farm building under N.J.A.C. 5:23-3.2(d),
with the maximum fee for such structures on farms not to exceed $1,145.00.
2.
Fees for renovations, alterations and repairs or site construction
associated with pre-engineered systems of commercial farm buildings,
pre-manufactured construction, and the external utility connection
for pre-manufactured construction shall be based upon the estimated
cost of work. The fee for use group R-5 Single Family Homes shall
be $30.00 per $1,000.00 up to and including $100,000.00. Above $100,000.00
the fee shall be $40.00 per $1,000.00. The fee for all use groups
other than R-5 shall be in the amount of $40.00 per $1,000.00 up to
and including $50,000.00. From $50,001 to and including $100,000.00,
the additional fee shall be in the amount of $37.00 per $1,000.00.
Above $100,000.00, the additional fee shall be in the amount of $35.00
per $1,000.00. For the purpose of determining estimated cost, the
applicant shall submit to the agency such cost data as may be available
and produced by the architect or engineer of record, or by a recognized
estimating firm, or by the contractor. A bona fide contractor's
bid, or contract if available, shall be submitted upon request.
3.
Fee for additions shall be computed on the same basis as for new
construction for the added portion.
4.
Fees for combination of renovations and additions shall be computed
as the sum of the fees computed separately in accordance with items
2 and 3 above.
5.
The flat fee for a photovoltaic (PV) array installed in any R-5 use
group shall be $225.00. All other use groups shall be $20.00 per $1,000.00.
6.
The flat fee for replacement type roof coverings if a permit is required
shall be $100.00 for R-5 type use group. The fee for all use groups
other than R-5 shall be $40.00 per $1,000.00 of the estimated cost.
In the event the work is of a minor nature and not a total replacement,
the fee for R-5 type use groups may be calculated at the rate of $30.00
per $1,000.00 and a minimum fee of $75.00.
7.
The flat fee for replacement of vinyl siding and other exterior wall
coverings if a permit is required shall be $175.00 for R-5 type use
groups. The fee for all use groups other than R-5 shall be $40.00
per $1,000.00 of the estimated cost. In the event the work is of a
minor nature and not a total replacement, the fee for R-5 use groups
may be calculated at the rate of $40.00 per $1,000.00 and a minimum
fee of $75.00.
8.
The fee charged for a private above-ground swimming pool as defined
in the building subcode, including the barrier, in use group R-5 shall
be $125.00. The fee charged for a private in-ground swimming pool
as defined in the building subcode, including the barrier, in use
group R-5 shall be $225.00. The construction fee for public swimming
pools as defined in the building subcode in all other use groups,
including the barrier, shall be computed and based upon the cubic
volume of the structure. The minimum permit fee shall be $350.00 per
unit.
9.
The fee for replacement barriers surrounding and enclosing public
or private swimming pools shall be $75.00.
10.
The fee for storage sheds and similar structures shall be calculated
in accordance with N.J.A.C. 5:23-2.28. Sheds and similar structures
that exceed 200 square feet in floor area or exceeding 10 feet in
height and are an accessory to use group R-2, R-3, R-4 or R-5 and
do not contain oil, gas, water or sewer connections shall be charged
a flat fee of $75.00 per unit.
11.
Temporary Structures: The fee shall be $75.00 per structure that
is subject to and regulated by the U.C.C.
12.
Tents: The building subcode fee for regulated tents subject to construction
permit and inspection shall be $250.00 per tent.
13.
The fees for retaining walls shall be as follows:
(a)
The fee for new or replacement retaining walls with a surface
greater than 550 square feet that is associated with a Class 3 residential
structure shall be $125.00 and $75.00 for regulated retaining walls
not exceeding 550 square feet.
(b)
The fee for retaining walls of any size other than a Class 3
residential structure shall be based upon the estimated market value
in the amount $40.00 per $1,000.00.
14.
The fee for Radon, lead hazard abatement and asbestos abatement shall
be $150.00.
15.
The fee for fences exceeding 6 feet shall be $40.00 per $1,000.00.
16.
The fee for demolition of structures in use group R-5 shall be $150.00.
All other use groups shall be $500.00.
17.
The fee for signs greater than 25 square feet shall be $75.00. For
signs requiring an engineered foundation or mounting system the fee
shall be $40.00 per $1,000.00.
c.
Plumbing fixtures and equipment. The fees shall be as follows:
1.
The fee shall be in the amount of $50.00 per fixture, piece of equipment
or appliance connected to the plumbing system, and for each appliance
connected to the gas piping, propane or oil piping system, except
as indicated in paragraph (2) below.
2.
The fee shall be $75.00 per special device and for the following:
gas piping, oil piping, grease traps, oil separators, refrigeration
units, water services for each 100' or part thereof, sewer services
for each 100' or part thereof, active solar systems, septic tank
abandonment, sewer pumps and interceptors. The fee for a water heater,
installed in new construction shall be $50.00 for use group R and
$125.00 for all other use groups per unit. There shall be no fee charged
for gas service entrances.
3.
The fee for backflow preventers up to 3/4" shall be $45.00 per device.
The fee for backflow preventers over 3/4" installed in use group R-5
shall be $75.00 and $125.00 for all other use groups.
4.
The annual fee for backflow preventers subject to testing shall be
$100.00 per device/test.
5.
The flat fee for replacement water heaters, of any fuel type, installed
in use group R shall be $95.00 per unit, $50.00 per unit for multiple
units and $125.00 for all other use groups. The fee for new water
heaters installed in use group R shall be $50.00 per unit and $75.00
per unit in all other use groups.
6.
The flat fee for replacement warm air furnaces installed in use group
R shall be $95.00 per unit, $50.00 per unit for multiple units and
$125.00 per unit for all other use groups. The fee for new warm air
furnaces installed in group R shall be $50.00 per unit and $75.00
per unit in all other use groups.
7.
The fee for replacement water boilers installed in use group R shall
be $95.00 per unit, $50.00 per unit for multiple units and $125.00
per unit for all other use groups. The fee for new water boilers installed
in use group R shall be $50.00 per unit and $75.00 per unit in all
other use groups.
8.
When new gas piping is installed in conjunction with the replacement
of water heaters, boilers, furnaces and similar devices the fee for
the new gas piping as noted above in paragraph 2 and in addition to
the flat fee for the device installed. This fee may be waived at the
discretion of the Plumbing Subcode Official.
9.
The flat fee for replacement of air conditioning units installed
in use group R shall be $95.00 per unit, $50.00 per unit for multiple
units and $125.00 per unit in all other use groups. The fee for new
air conditioning units installed in use group R (new) shall be $50.00
per unit and $75.00 per unit in all other use groups.
10.
The fee for replacement or new RTU Heating/Cooling units installed
in all use groups other than R-5 shall be $175.00 per unit for the
first five units. The fee for additional units above five units installed
per project shall be $150.00 per unit.
11.
The fee for bottom drains and a vacuum release device for swimming
pools in use group R-5 shall be $75.00 and $125.00 for all other use
groups.
12.
The fee for servicing of required grease traps shall be $100.00 annually.
d.
Electrical fixtures and devices. The fee shall be as follows:
1.
For the first block consisting of 1 to 50 receptacles, fixtures or
devices, the fee shall be $75.00; for each additional block consisting
of up to 25 receptacles, fixtures or devices, the fee shall be $35.00.
For the purpose of computing this fee, receptacles, fixtures or devices
shall include lighting fixtures, wall switches, convenience receptacles,
sensors, dimmers, alarm devices, smoke and heat detectors, communications
outlets, light-standards eight feet or less in height including luminaries,
emergency lights, electric signs, exit lights or electric fixtures
and devices rated 20 amperes or less including motors or equipment
rated less than one horsepower (hp) or one kilowatt (kW).
3.
For each generator, transformer, and all other items measured in
kW not specified in this fee schedule, the fee shall be:
4.
Air Condition (new installations):
5.
The fee charged for electrical work for each permanently installed
above-ground, or in-ground swimming pool as defined in the building
subcode, spa, hot tub or fountain shall be charged as follows: The
fee for a private residential swimming pool in use group R-5 shall
be $75.00 and only includes a filter/pump/motor, receptacle, timer
and bonding. Any other equipment or fixtures installed shall be charged
on the basis of number of electrical fixtures and rating of electrical
devices involved in accordance with paragraph 1 above. The fee for
all other recreational type swimming pools, spas, hot tubs, fountains,
etc. in all other use groups shall be $175.00 and only includes a
filter/pump/motor, receptacle, timer and bonding. Any other equipment
or fixtures installed shall be charged on the basis of number of electrical
fixtures and rating of electrical devices involved in accordance with
paragraph 1 above.
6.
The fee charged in conjunction with the annual electric inspection
of commercial swimming pools, spas or hot tubs shall be $125.00 per
application.
7.
The fee for a photovoltaic (PV) array shall be as per paragraph b5
of this fee schedule.
Note: Above fees are inclusive of all disconnects, overcurrent
devices, inverters, metering devices, and any other associated equipment.
8.
For installations consisting of multimeter stacks, the fee shall
be based on the ampere rating of the service conductors and not upon
the number of meters or rating of disconnects on the meter stack.
Individual load side panel boards shall be charged in accordance with
paragraphs 3, 4 or 5 above. There shall be no additional fee charged
for the concurrent installation of individual feeder conductors.
9.
For motors or similar devices requiring concurrent installation of
individual controls, relays and switches, the fee shall be based only
upon the rating of the motor or device. There shall be no additional
fee charged for the concurrent installation of individual circuit
components, for example, controllers, starters, and disconnecting
means.
10.
For each service equipment, panel board, load center, overhead service
entrance conductor, motor starter, motor control center, automatic
transfer switch, disconnecting means, and future electric, such as
circuits installed for future or intermittent needs (all bonding and
grounding for the above items are included), the fee shall be:
11.
The fee charged for process equipment shall be based on the ampere
rating of the overcurrent device protecting the conductor feeding
the process equipment or the cutoff device.
12.
For the purpose of computing these fees, all electrical and communications
devices, utilization equipment and motors, which are part of premises
wiring, except those which are portable plug-in type, shall be counted.
13.
For light standards above 8-0" in height (includes first 150 lineal
feet of trench), the fee shall be $25.00 per fixture. Trenches over
150 lineal feet shall be $40.00 for each additional 150 lineal feet.
14.
The fee for hard wired signage mounted on a wall shall be $75.00
for the first sign and $25.00 for each additional sign installed on
the same site. The fee for pylon type signage and similar free-standing
structures shall be $100.00 each and includes the first 150 linear
feet of trenching. Trenches over 150 lineal feet shall be $40.00 for
each additional 150 lineal feet.
15.
The fee for each regulated satellite dish installed in use groups
other than R-5 shall be $35.00 each unit.
16.
The fee for new furnaces and water heaters and new or replacement
appliances requiring electric installed in use group R shall be $75.00
and $125.00 in all other use groups.
e.
Fire Fees. For fire protection and hazardous equipment, sprinklers,
standpipes, detectors (smoke/heat/carbon monoxide), pre-engineered
suppression system, gas and oil fired appliances not connected to
the plumbing system, kitchen exhaust systems, incinerators and crematoriums,
the fee shall be as follows:
1.
The fee for 20 or fewer sprinkler heads shall be $100.00. The fee
for 21 to and including 50 heads shall be $150.00. The fee for each
additional group of 50 or part thereof shall be $100.00.
2.
The fee for underground fire suppression water mains shall be $200.00
per 100'.
3.
The fee for each individual standpipe shall be $150.00.
4.
The fee for each fire pump shall be $250.00.
5.
The fee for each pre-action or dry pipe valve including a compressor
shall be $250.00.
6.
The fee for residential fire sprinklers, installed in a new single
family dwelling, shall be $225.00.
7.
The fee for 15 or fewer smoke detectors, heat detectors, CO detectors,
manual alarm devices, supervisory devices and visual/audible devices
shall be $100.00. The fee for 16 to 50 devices shall be $175.00. The
fee for each additional group of 50 or part thereof shall be $100.00.
8.
The fee for residential smoke, heat and CO detectors 120 volt system,
installed throughout a single family dwelling shall be $125.00.
9.
The flat fee for a "household fire alarm system" as defined by NFPA
72 (limited Voltage System) and installed in accordance with the residential
building code including smoke, heat, CO detectors and all other required
devices in use group R-5 shall be $240.00.
10.
The fee for fire alarm panels, auxiliary panels, communicator panels,
booster panels or other similar control devices other than use group
R-5 shall be $150.00.
11.
The fee for pre-engineered suppression systems shall be $175.00.
12.
The fee for clean agent suppression systems shall be $350.00.
13.
The fee for commercial exhaust hoods shall be $175.00.
14.
The fee for smoke removal systems shall be $250.00.
15.
The fee for incinerators and crematoriums shall be $500.00.
16.
The fee for any special device shall be $175.00.
17.
The fee for gas appliances, such as stoves, ovens, dryers and fireplaces,
installed in use group R-5 shall be $25.00 per appliance and $40.00
per appliance in all other use groups. Oil fired and solid fuel burning
appliances, other than furnaces, installed in all use groups shall
be $75.00 per appliance. Pool heaters, gas or oil fired, installed
in all use groups shall be $75.00 per appliance. Replacement RTU's
in use group R shall be $50.00 and $75.00 in all other use groups.
18.
The fee for new or replacement chimney liners in all use groups shall
be $75.00.
19.
The fee for new furnaces, RTU's and water heaters, other than
electric, installed in use group R shall be $50.00 per unit and $75.00
per unit in all other use groups.
20.
The fee for gas or oil fired generators installed in use group R-5
shall be $75.00 per unit and $150.00 per unit in all other use groups.
21.
Flat Fee: a Storage tank for a gasoline station or similar use, new
or replacement, with a maximum of 6 fuel pumps and all associated
piping shall be $500.00. Each additional fuel tank or fuel pump and
all associated piping, installed at the same time, shall be $200.00
per unit. Individual tanks or pumps, new or replacement, with all
associated piping shall be $200.00 per unit. Fuel pump suppression
systems shall be $75.00 per pump.
23.
The fee for an underground or above ground tank abandonment or removal
permit shall be $75.00 per tank. Separate permits are required for
each tank regardless of block/lot.
f.
Fees for Certificates and other Permits are as follows:
1.
The fee for a certificate of occupancy shall be in the amount of
10 percent of the total construction permit fee. The minimum fee shall
be $75.00 for R-5 type use groups and the minimum fee for all other
use groups shall be $125.00 per building. Buildings with multiple
certificates of occupancy (such as a shopping center or similar conditions)
the fee shall be an additional $75.00 per unit, tenant space or area.
2.
The fee for a temporary certificate of occupancy or renewal issued
in accordance with the regulations shall be $30.00 per 30 day period.
3.
The flat fee for a certificate of occupancy granted pursuant to a
change of use group shall be $175.00.
4.
The fee for a certificate of continued occupancy issued under N.J.A.C.
5:23-2.23(c) shall be as per paragraph f1 above.
5.
The fee for an application for a variation in accordance with N.J.A.C.
5:23-2.10 shall be $500.00 for Class I structures and $120.00 for
Class II and Class III structures. The fee for resubmission of an
application for a variation shall be $200.00 for Class I structures
and $75.00 for Class II and Class III structures.
6.
The fee to reinstate suspended or abandoned permits described in
N.J.A.C. 5:23-2.16(b) shall be ten percent (10%) of the cost of the
original permit per outstanding subcode and not less than $25.00 per
outstanding subcode. This fee may be waived at the discretion of the
Construction Official. For clarification, an "outstanding subcode"
is one in which final inspection and subcode approval has not been
obtained and/or documented.
7.
The fee for updating an existing construction permit with new contractors
shall be the minimum fee per subcode.
8.
The fee for copying a set of plans shall be $50.00 plus copying costs
and/or allowable COAH fees.
9.
The minimum fee for a construction permit shall be $75.00 per subcode.
10.
The fee for a temporary or portable appliances or equipment shall
not differ from this fee schedule.
11.
No fee shall be collected for permits for the construction or rehabilitation
of residential units that are to be legally restricted to occupancy
by households of low income, as defined in N.J.A.C. 5:43-1.5 (COAH).
12.
Fees may be allowed to be waived for work consequential to a natural
disaster.
g.
Elevator Devices. The fees for witnessing acceptance tests and performing
inspections on new and altered elevator devices not assigned to DCA
shall be as follows:
1.
The basic fees for elevator devices in structures not of group R-3,
R-4, or R-5, or in an exempted structure of group R-2, shall be as
follows:
(a)
Traction and winding drum elevators:
2.
The fee for elevator devices in structures of group R-3, R-4, or
R-5, or otherwise exempt devices in structures of group R-2, shall
be $204.00. This fee shall be waived when signed statements and supportive
inspection and acceptance test reports are filed by an approved qualified
agent or agency in accordance with N.J.A.C. 5:23-2.19 and 2.20.
3.
The fee for performing inspections of minor work shall be $68.00.
4.
The Departmental fees for routine and periodic tests and inspections
for elevator devices in structures not of group R-3, R-4, or R-5,
or otherwise exempt devices in structures of group R-2, shall be as
follows:
(a)
The fee for the six-month routine inspection of elevator devices
shall be as follows:
(b)
The fee for the one-year periodic inspection and witnessing
of tests of elevator devices, which shall include a six-month routine
inspection, shall be as follows:
(1)
Traction and winding drum elevators:
(d)
The fee for the three-year or five-year inspection of elevator
devices shall be as follows:
5.
The fees set forth in paragraph 4 above shall be paid annually in
accordance with the following schedule, which is based on the average
of the fees to be collected over a five-year period:
6.
Registration Fee.
(a)
The initial registration fee for each elevator device in any
structure that is not of group R-3, R-4, or R-5, or that is not an
exempted structure of group R-2, shall be $68.00.
(b)
A re-registration fee of $68.00 shall be required for each structure
containing one or more elevator devices, upon change of ownership.
h.
Annual permit requirements are as follows:
1.
The fee to be charged for an annual construction permit shall be
charged annually. This fee shall be a flat fee based upon the number
of maintenance workers who are employed by the facility, and who are
primarily engaged in work that is governed by a subcode. Managers,
engineers and clericals shall not be considered maintenance workers
for the purpose of establishing the annual construction permit fee.
Annual permits may be issued for building/fire protection, electrical
and plumbing.
2.
Fees for annual permits shall be as follows:
(a)
1 to 25 workers, including foremen (fee per worker): $667.00.
(b)
Each additional worker over 25: $232.00.
Prior to the issuance of the annual permit, a training registration
fee of $140.00 per subcode and a list of not more than three individuals
to be trained per subcode shall be submitted by the applicant to the
Department of Community Affairs, Bureau of Code Services, Education
Unit along with a copy of the construction permit (Form F170). Checks
shall be made payable to "Treasurer, State of New Jersey." The Department
shall register these individuals and notify them of the courses being
offered.
i.
Hourly charges.
The fee for development wide inspection of homes after the certificate
of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 or otherwise shall
be:
1.
The hourly charge shall be an amount equal to twice the hourly base
salary paid to the licensed code official(s) performing the work,
or the hourly fees charged to the municipality by a consulting professional
contracted to provide such services.
2.
The fees, charges, accounting procedures and limits shall be set
in accordance with and subjected to N.J.A.C. 5:23-4.17(d) 1-5.
j.
Ordinary maintenance and repair: Any work that is deemed ordinary
maintenance or repair pursuant to the regulations and are not subjected
to a construction permit shall not be charged.
[Ord. No. 2795; amended 11-21-2023 by Ord. No.
2023-40]
The following fire limits are hereby established pursuant to
N.J.A.C. 5:23 the boundary lines of the City of Asbury Park.
The Construction Official shall prepare and submit to the City
Council biannually, a report revaluating the delineation of the fire
limits. The report shall indicate the recommendations of the Construction
Official, the Building Subcode Official, and the Fire Subcode Official
regarding those areas which should be designated as within fire limits,
with the reasons therefor.
[2000 § 12-4.1]
The title of this section shall be the "Asbury Park Housing
Code."
[2000 Code § 12-4.2; Ord. No. 2795]
As used in this section:
shall mean a portion of a building located partly underground,
but having less than one-half (1/2) its clear floor-to-ceiling height
below the average grade of the adjoining ground.
shall mean a portion of a building located partly or wholly
underground, and having one-half (1/2) or more than one-half (1/2)
of its clear floor-to-ceiling height below the average grade of the
adjoining ground.
shall mean and be construed as any building or any part thereof
which is wholly or partly used or intended to be used for living or
sleeping by human occupants.
shall mean and be construed as any room or any part thereof
or group of rooms located within a dwelling and forming a single habitable
unit with facilities which are used or intended to be used for living,
sleeping, cooking and eating.
shall mean the control and elimination of insects, rodents,
or other pests by eliminating their harborage places; by removing
or making inaccessible materials that may serve as their food; by
poisoning, spraying, fumigating or trapping; or by any other recognized
and legal pest elimination methods approved by the Health Officer.
shall mean the animal and vegetable waste resulting from
the handling, preparation, cooking and consumption of food.
shall mean a room or enclosed floor space used or intended
to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, water closet compartments, laundries, pantries, foyers
or communicating corridors, closets and storage spaces.
shall mean the Director of Inspections or his/her designee.
shall mean the presence within or around a dwelling of any
insects, rodents or other pests.
shall mean any dwelling containing more than two (2) dwelling
units.
shall mean any person, over the age of one (1) year, living,
sleeping, cooking or eating in, or having actual possession of a dwelling
unit or rooming unit.
shall mean any person who has charge, care or control of
a building, or part thereof, in which dwelling units or rooming units
are let.
shall mean the temperature fifteen (15°) degrees Fahrenheit
above the lowest recorded temperature for the previous ten (10) year
period.
shall mean any person, who alone, or jointly or severally
with others;
Has legal title to any dwelling or dwelling unit, with or without
accompanying actual possession thereof; or
Has charge, care or control of any dwelling or dwelling unit,
as owner, or agent of the owner, or as executor, executrix, administrator,
administratrix, trustee or guardian of the estate of the owner. Any
such person thus representing the actual owner shall be bound to comply
with the provisions of this section, and of rules and regulations
adopted pursuant thereto, to the same extent as if he/she were the
owner.
shall mean the following supplied facilities and equipment:
gas pipes, gas-burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes-washing machines, catch
basins, drains, vents and any other similar supplied fixtures, together
with all connections to water, sewer or gas lines.
shall mean and be construed as any dwelling, or any part
thereof of any dwelling containing one (1) or more rooming units,
in which space is let by the owner or operator to three (3) or more
persons who are not husband, wife, son, daughter, mother, father,
sister or brother of the owner or operator.
shall mean and be construed as any room or any part thereof
or group of rooms forming a single habitable unit used or intended
to be used for living and sleeping, but not for cooking or eating
purposes.
shall mean combustible and noncombustible waste materials,
except garbage, and shall include the residue from the burning of
wood, coal, coke and other combustible material, paper, rags, cartons,
boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings,
tin cans, metals, mineral matter, glass, crockery and dust.
shall mean paid for, furnished or provided by or under the
control of the owner or operator.
shall mean any tent, trailer or other structure used for
human shelter which is designed to be transportable and which is not
attached to the ground, to another structure or to any utilities system
on the same premises for more than thirty (30) consecutive days.
[2000 Code § 12-4.3; Ord. No. 2610]
a.
Executive Officer. The Health Officer is hereby designated as the
officer to exercise the powers prescribed by the within subsection
and he/she shall serve in such capacity without any additional salary.
b.
Adoption; Public Record. Pursuant to N.J.S.A. 40:49-5.1, the New
Jersey State Housing Code is hereby accepted, adopted and established
as a standard to be used as a guide in determining whether dwellings
in this City are safe, sanitary and fit for human habitation and rental.
Three (3) copies of the New Jersey State Housing Code have been placed
on file in the office of the City Clerk and are available to all persons
desiring to use and examine the same. (See N.J.A.C. 5:28-1.1 et seq.,
New Jersey State Housing Code)
c.
Inspection of Dwellings. The Health Officer is hereby authorized
and directed to make inspections to determine the condition of dwellings,
dwelling units, rooming units and premises located within the City
in order that he/she may perform his/her duty of safeguarding the
health and safety of the occupants of dwellings and of the general
public. For the purpose of making such inspections, the Health Officer
is hereby authorized to enter, examine and survey at all reasonable
times all dwellings, dwelling units, rooming units and premises. The
owner or occupant of every dwelling, dwelling unit and rooming unit,
or the person in charge thereof, shall give the Health Officer free
access to such dwelling, dwelling unit or rooming unit and its premises
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant of a dwelling or dwelling unit shall give
the owner thereof, or his/her agent or employee, access to any part
of such dwelling or dwelling unit or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this subsection
or with any lawful rule or regulation adopted or any lawful order
issued pursuant to the provisions of this subsection.
d.
Service of Notice. Whenever the Health Officer determines that there
are reasonable grounds to believe that there has been a violation
of any provision of this section or of any rule or regulation adopted
pursuant thereto, he/she shall give notice of such alleged violation
to the person responsible therefor as hereinafter provided. Such notice
shall:
1.
Be put in writing.
2.
Include a statement of the reasons why it is being issued.
3.
Allow a reasonable time for the performance of any act it requires.
4.
Be served upon the owner or his/her agent, or the occupant, as the
case may require; provided that such notice shall be deemed to be
properly served upon such owner or agent, or upon such occupant, if
a copy thereof is served upon him/her personally; or if a copy thereof
is sent by registered mail to his/her last known address; or if a
copy thereof is posted in a conspicuous place in or about the dwelling
affected by the notice or if he/she is served with such notice by
any other method authorized or required under the laws of this State.
Such notice shall contain an outline of remedial action which, if
taken, shall affect compliance with the provisions of this subsection
and with the rules and regulations adopted pursuant thereto.
e.
Hearing. Any person affected by any notice which has been issued
in connection with the enforcement of this section or of any rule
or regulation adopted pursuant thereof, shall file a petition with
the City of Asbury Park Municipal Court.
f.
Additional Rules and Regulations. The Health Officer is hereby authorized
and empowered to make and adopt such written rules and regulations
as he/she may deem necessary for the proper enforcement of the provisions
of this section, provided that such rules and regulations shall not
be in conflict with this section, nor in any way alter, amend or supersede
any of the provisions thereof. The Health Officer shall file a certified
copy of all rules and regulations which he/she may adopt in his/her
office and in the office of the City Clerk.
g.
Prohibited Occupancy. No person shall occupy as owner-occupant or
rent to another for occupancy any dwelling or dwelling unit for the
purpose of living therein which does not conform to the provisions
of the New Jersey State Housing Code established hereby as the standard
to be used in determining whether a dwelling is safe, sanitary and
fit for human habitation.
[2000 Code § 12-4.5; Ord. No. 2610]
a.
Public Areas. Every owner of a dwelling containing two (2) or more
dwelling units shall be responsible for maintaining in a clean and
sanitary condition the shared or public areas of the dwelling and
premises thereof.
b.
Cleanliness. No occupant or owner of a dwelling unit shall cause
excessive grease, soot or other foreign matter to accumulate on sidewalks,
ceilings, or other exposed room surfaces by improper use of heating
or cooking equipment. Cooking equipment shall be kept clean, free
of garbage, free of particles and grease, and other materials which
may result in infestation or health hazard.
c.
Rubbish. Every occupant of a dwelling or dwelling unit shall dispose
of all his/her rubbish in a clean and sanitary manner by placing it
in the rubbish containers required.
d.
Garbage. Any occupant of the dwelling or dwelling unit shall dispose
of all his/her garbage or any other organic waste which might provide
food for rodents in a clean and sanitary manner, by placing it in
the garbage facilities or garbage storage containers. It shall be
the responsibility of the owner to provide such facilities or containers
for all dwelling units in a dwelling containing more than two (2)
dwelling units and for all dwelling units located on premises where
more than two (2) dwelling units share the same premises. In all other
cases it shall be the responsibility of the occupant to furnish such
facilities or containers.
e.
Screens. Every occupant of a dwelling or dwelling unit shall be responsible
for hanging all screens and double or storm doors and windows whenever
they are required under the provisions of this subsection or of any
rule and regulation adopted pursuant thereto, except where the owner
has agreed to supply such service. Neither occupants nor the owner
of a dwelling unit shall damage, remove or destroy screens needed
for the building as stated above.
f.
Extermination of Pests. Every occupant or owner of a dwelling unit
shall be responsible for removing conditions resulting from the occupant's
or owner's own activities which may result in an infestation condition
which are subject to and under his/her exclusive control.
g.
Plumbing Fixtures. Every occupant of a dwelling unit shall keep all
plumbing fixtures therein in a clean and sanitary condition and shall
be responsible for the exercise of reasonable care in the proper use
and operation thereof.
h.
Security and Protection. Every owner of an apartment house containing
two hundred (200) or more apartments or dwelling units shall provide
security guard protection on a twenty-four (24) hour basis.
i.
No occupant or owner of a dwelling unit may:
j.
Willful Damage. Every occupant shall be liable for willfully or maliciously
causing damage to any part of the premises which results in a violation
of this subsection. Any adult occupant shall be responsible and liable
for any violation of this subsection caused by minors under their
care or custody occupying the same unit of dwelling space if the violations
created were permitted to continue with the knowledge or acquiescence
or consent of the adult member.
k.
Storage. No occupant shall utilize any area outside of his dwelling
space for storage purposes except for an area provided for common
storage by the owner of such dwelling space. The occupant shall place
his name and dwelling unit number on the item being stored in the
area provided. It shall be the responsibility of the occupant to label
each item and maintain it as labeled unless the area provided by the
owner for storage for such items is clearly designated as being for
the applicable dwelling unit and its occupants. Materials stored in
such areas shall be secured against becoming sources of infestation
and shall not be placed so as to create a hazard.
l.
Responsibility of Occupants. An occupant shall in addition to complying
with all provisions of this subsection applicable to him/her, be responsible
for violations of this subsection to the extent that he/she has the
power to prevent the occurrence of the violation or assist in abating
the violation. An occupant has the power to prevent the occurrence
of violation if;
1.
It is caused by his/her own willful act or the willful act of a member
of his/her family or household or his guests; or
2.
It is the result of his/her own gross negligence, neglect or abuse,
or the gross negligence, neglect or abuse of a family member of his/her
family or household, or his guests; or
3.
The occupant, any member of his/her family or household, or his guests
shall, with respect to the public parts of the premises, be liable
if a violation is caused by his/her own willful act, gross negligence,
neglect or abuse; or
4.
Every occupant of each unit of dwelling space shall give the owner
thereof or his/her agent or employees access to any part of the unit
of dwelling space upon reasonable notification, under which ordinary
working circumstances shall be one (1) day, for the purpose of making
such inspection and such repairs or alterations as are necessary to
effect compliance with the law and the ordinance. In case of safety
or structural emergency immediate access shall be given. Upon discovery
by an occupant of any condition on the premises, a failure of service,
or defect in any equipment, which constitutes a violation of this
subsection, the occupant shall report same promptly to the owner or
to the owner's agency having charge of the premises.
[2000 Code § 12-4.6]
a.
Applicable Provisions. No persons shall operate a rooming house or
shall occupy or let to another for occupancy any room or unit in any
rooming house without a license from the State of New Jersey.
[2000 Code § 12-5.1]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the City which are
so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation, or occupancy
or use, are inimical to the welfare and dangerous and injurious to
the health and safety of the people of the City and that a public
necessity exists for the repair, closing or demolition of such building
or buildings or part thereof.
[2000 Code § 12-5.2]
As used in this section:
shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes any accessory
buildings, structures and appurtenances belonging thereto or usually
enjoyed therewith.
shall mean the holder of the title in fee simple.
shall mean all individuals, associations or corporations
who have interests of record in a building and any who are in actual
possession thereof.
shall mean the officer who is authorized under this section
to exercise the powers set forth in this section.
[2000 Code § 12-5.3]
Whenever the Public Officer of the City finds that there exists
in the City any building or buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards
of fire accidents or other calamities, lack of ventilation, light
or sanitation facilities, or due to other conditions rendering such
building or buildings or part thereof unsafe or unsanitary or dangerous
or detrimental to the welfare of the residents of the City, the officer
designated shall exercise the power vested under this section and
under its police powers to repair, close or demolish or cause or require
the repairing, closing or demolition of the building or part thereof
in the manner herein provided.
[2000 Code § 12-5.4]
The City Manager is hereby designated and appointed the Public
Officer to exercise the powers set forth in this section. The City
Manager may, by resolution, designate any other person to act in the
place of the City Manager.
[2000 Code § 12-5.5]
Whenever a petition is filed with the Public Officer by the
Health Officer, Health Inspector, Fire Chief, Building Subcode Official
or any other officer in charge of any department of the City relating
to health, fire, building regulations or activities concerning buildings
in the City or by at least five (5) residents of the City charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Public Officer that any building is
unfit for human habitation or occupancy or use, the Public Officer
shall, if his/her preliminary investigation discloses a basis for
such charges, issue and cause to be served upon the owner of and parties
in interest in such building, a complaint stating the charges in that
respect and containing a notice that a hearing will be held before
the Public Officer or his/her designated agent at a place therein
fixed, not less than seven (7) days nor more than thirty (30) days
after the serving of the complaint; that the owner and parties in
interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise, and to give testimony at the
place and time fixed in the complaint; and that the rules of evidence
prevailing in the courts shall not be controlling to hearings before
the Public Officer.
[2000 Code § 12-5.1; Ord. No. 2634]
Notwithstanding the provisions of subsection 12-5.5, if the Public Officer of the City determines that pursuant to subsection 12-5.3 any building is unfit for human habitation or occupancy, and the building or buildings pose an imminent threat of danger to the public health, safety or welfare as to be determined by the Public Officer, the Public Officer is hereby authorized to take immediate emergent action to repair, close or demolish or cause or require the repair, closing, or demolition of the building or part thereof.
[2000 Code § 12-5.6]
If, after notice and hearing, the public officer determines
that the building under consideration is unfit for human habitation
or occupancy or use, he/she shall state, in writing, the findings
of fact in support of the determination and shall issue and cause
to be served upon the owner thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of the building to
be made by the owner within a reasonable time, which time shall be
set forth in the order, or at the option of the owner to vacate or
have the building vacated and closed within the time set forth in
the order; and
b.
If the building is in such condition as to make it dangerous to the
health and safety of persons on or near the premises, and the owner
fails to repair, alter or improve the building within the time specified
in the order, then the owner shall be required to remove or demolish
the building within the reasonable time specified in the order of
removal.
[2000 Code § 12-5.7]
If the owner fails to comply with the order to repair, alter
or improve or, at the option of the owner, to vacate and close the
building, the Public Officer may cause such a building to be repaired,
altered or improved or to be vacated and closed. The Public Officer
may cause to be posted on the main entrance of any building so closed
a placard with the following words: "This building is unfit for human
habitation, and occupancy or use; the use or occupation of this building
is prohibited and unlawful."
[2000 Code § 12-5.8]
If the owner fails to comply with the order to remove or demolish
the building, the Public Officer may cause such building to be removed
or demolished or may contract for the removal or demolition thereof
after advertising for, and in receipt of bids therefor.
a.
Emergencies.
1.
Whenever the Public Officer finds that an emergency exists which
requires immediate action to protect the public health or safety,
he may, without notice or hearing, issue an order requiring that such
action be taken as he determines necessary, applying the statutes
and provisions of this section to meet the emergency, and such order
shall be effective immediately, and any person to whom such order
is directed shall be obliged to comply immediately. Any such person
may petition to the Public Officer for a hearing on such order, which
hearing shall be conducted not later than five (5) days after receipt
of this petition;
2.
In the event the Public Officer orders immediate action by the City, Department of Public Works or such independent contractor as may be hired by the City to protect the health or safety of its citizens pursuant to paragraph a. hereof, the following costs and fees shall be charged to the property owner or owners for such emergency work, which costs and fees shall be a lien against the subject property and collected as provided in subsection 12-5.10;
3.
The rates for such work shall be as follows:
(a)
During regular working hours; at an amount to be established
by the City Council on an annual basis via resolution.
(b)
After regular working hours; at an amount to be established
by the City Council on an annual basis via resolution.
(c)
Holidays and Sundays; at an amount to be established by the
City Council on an annual basis via resolution.
(d)
Materials and equipment to be used charged, based upon costs
incurred by the City.
4.
Any relocation expenses incurred in remediating any emergency situation
shall be payable by the owner of such property upon which the emergency
was found as may be allowed under law.
[2000 Code § 12-5.9]
That the amount of the cost of the filing of legal papers, expert
witnesses' fees, search fees and advertising charges incurred in the
course of any proceeding taken under this act determined in favor
of the City, and the cost of such repairs, alterations or improvements,
or vacating and closing, or removal or demolition, if any, or the
amount of the balance thereof remaining after deduction of the sum,
if any, realized from the sale of materials derived from the building
or from any contract for removal or demolition thereof, shall be a
municipal lien against the real property upon which such cost was
incurred. If the building is removed or demolished by the Public Officer,
he/she shall sell the materials of such building. There shall be credited
against the cost of the removal or demolition thereof the proceeds
of any sale of such materials or any sum derived from any contract
for the removal or demolition of the building. If there are no such
credits or if the sum total of such costs exceeds the total of such
credits, a detailed statement of the costs and the amount so due shall
be filed with the City Tax Assessor or other custodian of the records
of tax liens and a copy thereof shall be forthwith forwarded to the
owner by registered mail. If the total of the credits exceed such
costs, the balance remaining shall be deposited in the Superior Court
by the Public Officer, shall be secured in such manner as may be directed
by such Court, and shall be disbursed according to the order or judgment
of the Court; provided, however, that nothing in this section shall
be construed to impair or limit in any way the power of the City to
define and declare nuisances and to cause their removal or abatement,
by summary proceedings or otherwise.
[2000 Code § 12-5.10]
Any owner or party in interest may, within thirty (30) days
from the date of the filing of the lien certificate, proceed in a
summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the costs set forth in the municipal
lien certificate.
[2000 Code § 12-5.11]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he/she finds that conditions
exist in the building which are dangerous or injurious to the health
or safety of the occupants of the building, the occupant of neighboring
buildings or other residents of the City; such conditions may include
the following (without limiting the generality of the foregoing):
Defects therein increasing the hazards of fire, accident or other
calamities; lack of adequate ventilation, light or sanitary facilities;
dilapidation, disrepair, structural defects; uncleanliness; failure
to have included in the building running water or inside toilet facilities
or any other violation of this section.
[2000 Code § 12-5.12]
A complaint or order issued by a Public Officer shall be served
upon persons either personally or by registered mail, but if the whereabouts
of such persons is unknown and the name cannot be ascertained by the
Public Officer in the exercise of reasonable diligence, and the Public
Officer shall make an affidavit to that effect, then the serving of
such complaint or order upon such persons shall be made by publishing
the same once each week for two (2) successive weeks in a newspaper
printed and published in the City. A copy of such complaint or order
shall be posted in a conspicuous place on the premises affected by
the complaint or order. A copy of such complaint or order shall be
duly recorded for record with the Clerk of the County of Monmouth.
[2000 Code § 12-5.13]
The Public Officer or other officer designated under this section
may exercise such powers as may be necessary or convenient to carry
out and effectuate the purposes and provisions of this section, including
but not limited to the following powers, in addition to the others
herein granted:
a.
To investigate the building conditions in the City in order to determine
which buildings therein are unfit for human habitation or occupancy
or use.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purposes of making examinations, provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possessions.
d.
To appoint and fix the duties of such officers, agents and employees
as he/she deems necessary to carry out purposes of this chapter.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he/she may designate.
[2000 Code § 12-5.14]
The failure, neglect or refusal of any person to comply with
any order by the Public Officer pursuant to the provisions hereof
or the hindrance by any person of the Public Officer in making any
investigation under this section shall constitute a violation of this
section.
[2000 Code § 12-5.15]
Nothing in this section shall be construed to abrogate or impair
the powers of the City or any officer or department thereof to enforce
any provisions of its Charter, its ordinances, or its regulations
nor to prevent or punish violations thereof; and the powers conferred
by this section shall be in addition and supplemental to the powers
conferred upon the City by any other law or ordinance.
[2000 Code § 12-5.16]
This section is adopted in accordance with N.J.S.A. 40:48-2.3
et seq., as amended, and the method of enforcement, definitions, procedure
and remedies shall be governed and controlled thereby and as therein
set forth, or any amendments or supplements thereto.
[2000 Code § 12-5.17]
Where a provision of this section is found to be in conflict
with another provision of this Code, the provision which establishes
the higher standard for the protection of health, safety, and welfare
shall prevail.
[2000 Code § 12-7.1]
No person shall occupy, rent, lease, transfer title to, nor
suffer the occupancy of, the letting of, nor allow any person to live
in or upon or inhabit as a tenant or tenants or occupants, or to occupy
as a new owner or co-tenants or co-owner, any dwelling house or houses,
or dwelling units within the confines of the City unless and until
that person shall have first obtained from the Health Officer or his/her
agent of the City a certificate of inspection permitting occupancy.
Transfers of title may take place after application of a certificate
of inspection for occupancy, but no occupancy shall be permitted until
all items designated for correction by the Health Officer or his/her
agent are made and completed, except as hereinafter provided.
[2000 Code § 12-7.2]
The provisions of subsection 12-7.1 shall apply with equal force and effect to any and all new and additional lettings, tenants, transfer of title of premises or any part thereof, and occupancies of any dwelling house or houses or dwelling units within the City upon the vacating of same by any of the foregoing as may hereafter occur, whether the reoccupancy is by virtue of transfer of title of the dwelling house or houses or dwelling unit or dwelling units or by virtue of rental of any of the foregoing or by virtue of any other action not specifically herein enumerated. The requirements for subsection 12-7.1 and this subsection shall be effective whether the occupancy, rental, lease, or transfer of title is temporary, seasonal or permanent, or whether or not for a consideration.
[2000 Code § 12-7.3]
As used in this section:
shall mean and include, but not be limited to, any and all
one (1) family dwellings and dwellings constructed for or occupied
by more than one (1) family, not excluding apartments in apartment
houses and garden apartments.
shall mean and include, but not be limited to, any and all
apartments and portions of apartments in dwelling houses, not excluding
apartments in apartment houses and garden apartments. This section
shall apply to each and every dwelling house and to each and every
dwelling unit within the City and shall include all single and multiple
dwellings and premises on which a building is located and is used
for human occupancy.
[2000 Code § 12-7.4]
Nothing contained in this section shall exempt any of the dwellings
or buildings, or parts of buildings, covered by this section from
full and complete compliance with any other provisions of any other
ordinance or ordinances of the City as the same may be applicable.
[2000 Code § 12-7.5]
a.
Prior to the rental, transfer of title, or occupancy of any dwelling house or houses or any dwelling unit or units provided for in this section, application for certificate of inspection permitting occupancy shall be made, in writing, to the Health Officer or his/her agent of the City by that person, persons, firm or corporation, agent, servant or representative as set forth in subsection 12-7.1, and consent shall be given therewith unto the Health Officer or his/her agent to enter upon and examine the dwelling house or houses and dwelling unit or units and the building or buildings wherein the same may be situate, for which the application is applied for, so that the Health Officer or his/her agent may determine whether or not the dwelling unit or units and the building wherein the same may be situate, fully complies with all City ordinances and rules and regulations affecting the use and occupancy of all such dwelling houses and dwelling units and structures. No certificate of inspection permitting occupancy shall be issued unless there is full and complete compliance with all of the foregoing, unless otherwise specified in writing by the Health Officer or his/her agent.
b.
All applications for such certificates shall be made in writing and
shall state the name and address of the owner of the dwelling house
or houses, the dwelling unit or units and the building or structure
wherein the same may be situate, and the name and address of the owner-occupant
or tenant-occupant or any other occupant of the same, and also the
name and address, if a sale or transfer of title of the seller, transferor,
buyer, and the new proposed owner-occupant or any other purposes occupant.
It shall further state name and address of the renting agent, if any;
and shall describe the premises to be occupied, including the street
address thereof; and a designation of the portion or portions of the
premises or structures for which the specific application is being
made; and shall set forth the number of persons who shall occupy any
and all portions of the premises, including the specific portions
for which the application is being made; and the specific room or
rooms in the premises to be occupied for sleeping purposes and the
number of persons to occupy each sleeping room.
1.
Inspection Report. An owner of a dwelling unit may apply to the Code
Enforcement Department for an inspection report when the owner of
the dwelling has not rented the dwelling unit. The inspection report
will be issued in lieu of certificate of inspection for occupancy,
but the inspection report will only be valid for a period of ninety
(90) days, after which it shall be voided if a certificate of inspection
for occupancy has not been obtained. After an inspection report has
been issued, the owner of the dwelling unit can obtain a certificate
of inspection for occupancy by providing within five (5) days the
Code Enforcement Department in writing with number of occupants, the
tenants' names, previous addresses, and the ages of any children who
will be residing in the dwelling unit. The dwelling unit shall not
be occupied prior to the issuance of the certificate of inspection
for occupancy. The application fee for the issuance of an inspection
report for the rental of a dwelling unit shall be thirty-five ($35.00)
dollars. The inspection shall be subject to "pass" or "fail," except
as provided herein. If the subject property fails inspection, the
applicant shall be issued a conditional inspection report and must
apply for a new (second) inspection at an additional fee of ten ($10.00)
dollars. If a conditional inspection report is issued and the dwelling
unit passes inspection on the new (second) inspection, an inspection
report shall be issued and valid for ninety (90) days from the date
of issue.
[2000 Code § 12-7.6]
a.
Any person or persons or partnership or firm or corporation, including any real estate broker or real estate agent or any representative, servant or employee of any of the foregoing, who in any manner shall fail to fully comply with the terms and covenants of this section and who are part of any transaction resulting in the violations of any of the terms and provisions of this section shall be deemed to have violated the terms and provisions of this section and they shall be subject to the penalties stated in Chapter I, Section 1-5, unless and until a certificate of inspection permitting occupancy shall have been issued.
b.
All violations of this section by any person or persons, partnership,
firm or corporation, or any agents or servants or representatives
as provided herein, whether the person be the owner of the premises,
the agent of any owner, or the tenant or the occupant or occupants,
shall be deemed separate and distinct violations for each and every
day that the violation may continue, and all parties violating this
section shall be deemed jointly and severally liable for any and all
such violations.
[2000 Code § 12-7.7]
a.
Certificate of Occupancy; Conditional Certificate of Occupancy. A certificate of inspection permitting occupancy, hereinafter referred to as the C/O, to be issued under the terms of this section, shall be issued solely by the Department of Building and Housing without the necessity of approval thereof by the Governing Body of the City. The fee for the issuance of the certificate for the rental of a dwelling unit shall be as set forth in subsection 12-7.8. The inspection shall be subject to "pass" or "fail" except as provided herein. If the subject property fails inspection, the applicant must apply for a new inspection at an additional fee of twenty-five ($25.00) dollars. If at the time of the inspection, the existing violations are, in the inspector's discretion, few and/or minor in nature, the inspector may issue a certificate of inspection permitting occupancy on a conditional basis, hereinafter referred to as a conditional C/O, the fee shall be as set forth in subsection 12-7.8. All violations must be abated, and an application for re-inspection must be made within twenty-one (21) days. The fee for re-inspection of a property with a conditional C/O shall be ten ($10.00) dollars. Failure to schedule a re-inspection, and/or pay the required fee within twenty-one (21) days of the issuance of the certificate shall cause the certificate to expire. Failure to abate all violations shall cause the certificate to expire. Allowing the expiration of the conditional C/O shall constitute a violation of this section.
b.
Transfer of Title. The fee for the issuance of a certificate of inspection for transfer of title as provided for herein shall be as set forth in subsection 12-7.8
For the purpose of the fee schedule, commercial and mixed use
units will be assessed at the same fee as residential units on a one
(1) to one (1) basis.
[2000 Code § 12-7.8; Ord. No.
2733; Ord. No. 2902; Ord. No. 3042]
The following fees are hereby established:
a.
Certificates of Occupancy.
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1. Certificate of Occupancy
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$100.00
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2. Conditional Certificate of Occupancy
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$85.00
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3. Ninety-Day Certificate of Occupancy Without an
Occupant
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$150.00
|
b.
Transfer of Title Fee.
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1. Sale of a Single-Family Dwelling
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$125.00
|
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2. Sale of a Two-Family Dwelling or Two Dwellings
on One Lot
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$150.00
|
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3. Sale of a Three-Unit Dwelling
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$170.00
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4. Sale of a Four-Unit Dwelling
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$200.00
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5. Sale of a Five-Unit Dwelling
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$225.00
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6. Sale of a Six- to Ten-Unit Dwelling
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$375.00
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7. Sale of Eleven to Fifteen Units
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$500.00
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8. Sale of Sixteen to Twenty Units
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$575.00
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9. Sale of Each Additional Unit over Twenty Units
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$50.00
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c.
Amendments to Certificates of Occupancy.
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1. Name Changes
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$15.00
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[2000 Code § 12-7.9]
All buildings or structures or dwelling houses or dwelling units
for which an application shall have been filed by virtue of this section
shall fully comply with all other City ordinances or requisite municipal
requirements for the structures or units. The Health Officer or his/her
agent shall be required to specify the corrections to be made to the
premises for the certificate to be issued.
[2000 Code 12-7.10]
All owners, renting agents, real estate agents, or person or
persons applying for a certificate as provided herein, shall advise
the Health Officer or his/her agent of reasonable time or times that
the inspection may be made and have someone present to assist and
provide entry for the inspection purposes. The Health Officer or his/her
agent shall comply with the request and application within a reasonable
time after entry is provided, and when proper shall issue the certificate
within a reasonable time thereafter.
[2000 Code § 12-7.11]
No tenant, owner, or occupant shall sublease, sublet, transfer
title (except as heretofore provided), or permit the use or the occupancy
of the dwelling house, dwelling unit or structure provided for herein,
without following the procedures set forth and required by the within
section, nor shall any real estate broker or agent or representative
of any of the foregoing permit any violation of this section.
[2000 Code § 12-7.12]
This section shall not affect violations of any other ordinance,
Code or regulation of the City existing prior to July 21, 1976, and
any such violation shall be governed and shall continue to be punishable
to the full extent of the law under the provisions of those ordinances,
Codes or regulations in effect at the time the violation was committed.
Summer Rental Regulations may be found in Chapter XIII, Short-Term
Rentals, pursuant to Ord. No. 2017-40
[2000 Code § 12-9.1]
The purpose of this section is to protect the public health,
safety and welfare by regulating the condition and habitability of
rooming and boarding houses within the City.
[2000 Code § 12-9.2]
As used in this section:
shall mean one who rents, leases or otherwise occupies any
unit or rental dwelling space or room in a boarding house or rooming
house.
shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two (2) or more units of dwelling space arranged or
intended for single-room occupancy, exclusive of any such unit occupied
by an owner or operator, and wherein personal or financial services
are provided to the residents, including any residential hotel or
congregate living arrangement, but excluding any hotel, motel or established
guest house wherein a minimum of eighty-five (85%) percent of the
units of dwelling space are offered for limited tenure only, any foster
home as defined in section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1),
any community residence for the developmentally disabled as defined
in section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), any dormitory
owned or operated on behalf of any non-profit institution of primary,
secondary or higher education for the use of its students, any building
arranged for single-room occupancy wherein the units of dwelling space
are occupied exclusively by students enrolled in a full-time course
of study at an institution of higher education approved by the Department
of Higher Education, and any facility or living arrangement operated
by or under contract with, any State department or agency, upon the
written authorization of the Commissioner, and any owner-occupied,
one-family residential dwelling made available for occupancy by not
more than six (6) guests where the primary purpose of the occupancy
is to provide charitable assistance to the guests and where the owner
derives no income from the occupancy. A dwelling shall be deemed "owner
occupied" within the meaning of this section if it is owned or operated
by a non-profit religious or charitable association or corporation
and is used as the principal residence of a minister or employee of
that corporation or association. For any such dwelling, however, fire
detectors shall be required as determined by the Department of Community
Affairs.
shall mean the person who owns, purports to own or exercises
control of any boarding house or rooming house.
shall mean a boarding house wherein no personal or financial
services are provided to the residents.
[2000 Code § 12-9.3]
This section does not apply to licensed nursing homes, rooming
and boarding houses required to be licensed pursuant to N.J.S.A. 30:11-11,
State-operated institutions, or to any municipal corporation, or to
any political subdivision of the State or body politic of any kind.
Any non-profit religious group or organization operating a rooming
house or boarding house must comply with the terms of this chapter.
[2000 Code § 12-9.4]
No owner shall lease, rent or otherwise allow the occupancy
of any unit or rental dwelling space or room in a boarding house or
rooming house within the City without first securing a certificate
of inspection. The certificate of inspection so issued shall apply
each time, and as a prerequisite to, a new boarder leases, rents or
otherwise seeks to occupy an individual unit, rental dwelling space
or room within a boarding house or rooming house.
[2000 Code § 12-9.5]
Upon filing of an application for such certificate of inspection,
the City shall cause such rental unit to be inspected by a City inspector
designated therefor whose findings for such unit, rental dwelling
space or room within a boarding house or rooming house, must indicate
that the unit complies with the standards provided by law in the interests
of public safety, health and welfare. The unit, rental dwelling space
or room within the boarding house or rooming house, specifically the
bed, furniture and premises, must be in a clean and sanitary condition.
In addition, the premises shall be kept free from vermin, insects
and rodents.
[2000 Code § 12-9.6]
a.
Upon the filing of an application for an inspection the applicant
shall pay to the City a fee of twenty-five ($25.00) dollars which
will entitle the applicant to initial inspections for all units, dwelling
spaces or rooms within a boarding house or rooming house.
b.
Additional inspections shall be required each time a boarder changes
within a single unit, rental dwelling space or individual room within
a boarding house or rooming house unless such an inspection has been
conducted of the same room(s) within the preceding thirty (30) days.
In such case, no additional inspection will be required until the
thirty (30) days since the last inspection has elapsed and a new boarder
occupies the room. Upon the filing of an application for the additional
inspection, the applicant shall pay to the City of Asbury Park a fee
of fifteen ($15.00) dollars which will entitle the applicant to an
immediate inspection of a single unit, rental dwelling space or individual
room.
c.
If an appointment is made by an applicant with an inspector for the
purposes of conducting an inspection, and the applicant does not appear
without having notified the inspector at least forty-eight (48) hours
in advance of the time agreed upon for the inspection, the applicant
shall forfeit the application fee paid for the scheduled inspection
and must pay an additional application fee, which shall be equal to
the initial application fee, for any rescheduled inspection.
[2000 Code § 12-9.7]
Every owner who fails to comply with the requirements of this section shall be liable, upon conviction, to the penalty stated in Chapter I, Section 1-5.
[2000 Code § 12-10.1]
As used in this section:
shall mean a hotel which serves a continental breakfast,
but does not serve regular meals.
Is comprised of a structure that was originally constructed
for the purpose of a private residence.
shall mean any building containing six (6) or more guest
rooms intended or designed to be used, or which are used, rented,
or hired out to be occupied or which are occupied for sleeping purposes
by guests. This definition shall also mean and include any motor lodge,
motor court, motel, tourist lodge or tourist court.
shall mean a facility providing sleeping or dwelling accommodations
to transient guests.
Is comprised of a structure that was originally constructed
for the purpose of a private residence.
Shall include individual sleeping accommodations for twenty-five
(25) or fewer guests.
Has at least one (1) dwelling unit occupied by the owner of
the facility as his place of residence during the time that the facility
is being used for the lodging of a guest.
Conforms to the requirements of a guest house under the Uniform
Fire Code 5:18-1.5.
shall mean any person, individual, firm, association, partnership
or corporation.
[2000 Code § 12-10.2]
No cooking facilities of any kind shall be constructed, installed,
placed or used in any tourist cabin, hotel, lodge, or motel within
the confines of the City; nor shall any food be prepared, cooked,
or made suitable for consumption on or about any tourist cabin, hotel,
lodge, motel, nor shall the preparation, cooking or making suitable
for human consumption of food on or about, or in such tourist cabin,
hotel, lodge, or motel be permitted by the owners, managers, lessees,
operators, or licensees thereof, except for a restaurant operating
as such exclusively for the preparation and serving of food and except
for one (1) superintendent's or manager's apartment.
This subsection shall not apply to kitchen facilities previously
permitted pursuant to the existing ordinances heretofore adopted prior
to June 2, 1994 and which were legally operating and up to Code as
of June 2, 1994.
This shall not prohibit any bed and breakfast establishment
from serving a continental breakfast.
[2000 Code § 12-10.3]
Each operator shall at all times cause to be maintained on the
premises a register, consisting of consecutively numbered cards, which
shall constitute the register of the premises. The register shall
be preserved for seven (7) years upon the premises.
No person shall occupy and no operator shall permit any person
to occupy any housing or lodging unit on the premises, unless each
person or head of the party who is to occupy such housing unit shall
first:
a.
Display to a duly authorized agent or employee of the hotel, motor
lodge, in charge of the register written evidence of his or her identification
including not less than two (2) forms of identification. The form
of identification that was produced shall be recorded as well as any
information from the identification that differs from the identification
supplied by the person renting the room.
b.
Write in the register immediately following the preceding registration,
in ink, and in his or her own handwriting, his or her full legal name,
both first and last, and a current home address including the home,
apartment number, street, town and State.
If a person registering, or any member of his party registering
owns a vehicle, it is the responsibility of the operator or his duly
authorized agent to obtain a full description of the vehicle accompanying
the person to include the make, model, color, license plate number
and State of registration.
If the registrant does not write in the register the information
herein required as to the motor vehicle, it shall be the duty of the
operator or his duly authorized employee to write in the information.
c.
In addition to the foregoing information, the operator shall cause
to be written into the register, in ink, the number or name of the
housing or lodging unit assigned to each registrant, the date and
hour of the registration, the signature of the person taking or accepting
the registration and the date when the occupants of each housing or
lodging unit quit and surrender the same.
The register shall be kept and preserved by the operator and
shall be available on request any hour of the day or night to any
Police Officer of the City of Asbury Park, or to any duly authorized
agent of the Governing Body of the City of Asbury Park.
[2000 Code § 12-10.4]
It shall be the duty of the Police Department and any duly authorized
agent of the City to inspect the premises from time to time, at any
hour of the day or night, to determine that the provisions of this
section are complied with.
[2000 Code § 12-10.5; New]
Any person violating or failing to comply with any of the provisions of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter I, Section 1-5.
[2000 Code § 12-11.1]
No building or similar structure shall be moved into or through
any street in the City until a written permit therefor is granted
by the Mayor and Council. No building or structure shall be moved
nor shall any permit be granted during the months of June, July, August
and September.
[2000 Code § 12-11.2]
The permit shall specify which streets shall be used for the
transportation of such structure. The permit shall limit the time
during which transportation of such structure is to be effected. No
permit shall be issued until a written application is filed with the
City Clerk, which application shall designate the size of the structure
to be moved, the streets through which it is proposed to be conveyed,
and the time which will be necessary to effect the same.
[2000 Code § 12-11.3]
Before the permit is issued, fifty ($50.00) dollars in cash
shall be deposited in an approved bank in the City in the name of
the City Treasurer and an approved bond for not less than three hundred
($300.00) dollars shall be executed and filed with the City Clerk.
The money and the penalty of the bond shall become payable and due
to the City if any of the requirements of this section or of the permit
are violated by the permittee or his/her agent or employee, or so
much thereof as shall be necessary to pay expenses incurred for the
repair of streets or restoration of property which shall be destroyed
or damaged by the removal of the structure.
[2000 Code § 12-11.4]
The wires and other obstructions on or above the streets shall
be temporarily removed by and at the expense of the owners thereof,
so far as shall be necessary for the passage of any structure whenever
the Mayor and Council grant a permit for the transportation of such
structure.
[2000 Code § 12-11.5]
A building or structure shall not be moved through any street
if it is wider than the distance between the curbs of the street.
No unnecessary or avoidable inconvenience to the public or to the
owners of property fronting upon the streets through which the structure
is conveyed shall be created. No structure or moving apparatus shall
needlessly obstruct any intersecting street or crossing or remain
stationary nearer than fifty (50) feet to any fire hydrant, and no
road bed, pavement, curbing, tree or other property shall be unnecessarily
disturbed or in any way damaged.
[2000 Code § 12-11.6]
Artificial red lights shall be placed and lit from sunset to
sunrise upon every such building or structure while it remains in
the street. The lights shall be so located that all persons shall
be informed of the position of such house, building or structure.
[2000 Code § 12-11.7]
If the time limit in the permit expires and no extension is
granted, and if a street remains obstructed, the Mayor and Council
shall proceed to remove the structure from the street. The removal
shall be at the expense of the owner of the structure, or the permittee
and the expenses for the removal shall be paid out of the cash deposited,
and from the sum secured by the bond.
[2000 Code § 12-12]
The numbering of buildings erected within the City shall correspond
with the street numbers on the City Maps, filed in the City Clerk's
Office. It shall be the duty of the property owners to have their
buildings numbered in conformity with the street numbers, as the same
are designated on such maps. Each owner shall apply to the City Clerk
for the correct number of his/her building, and, upon application,
the Clerk shall furnish the correct number to designate the property,
and the property owner shall thereupon affix to his/her building a
sign indicating the number.
