[Ord. No. 03-13; New]
That a certain document, three (3) copies of which are on file in the office of the Borough Clerk, of the Borough of Lakehurst, being marked and designated as "The International Property Maintenance Code, First Edition, 1998" as published by the International Code Council, Inc., be and is hereby adopted as the standard for the control and maintenance of buildings and structures for the Borough of Lakehurst. Each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part of this chapter, with the additions, insertions, deletions and changes, if any, prescribed in subsection 13-1.2 of this chapter.
[Ord. No. 03-13; Ord. No. 04-05; Ord. No.
08-14]
The following sections are hereby revised in the 1998 International
Property Maintenance Code:
a.
Section
101.1. Insert: Borough of Lakehurst.
c.
Section
106.4a.
106.4a General Penalties. A failure to adhere to
the requirements of this chapter shall constitute a violation, and,
except where a section provides for a penalty greater than that listed
below or there is another penalty provided by law, the following penalties
shall be assessed for all violations of this section (the 1998 International
Property Maintenance Code):
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A conviction for a first offense, a fine not less than $100.00.
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A conviction for a second offense, a fine of not less than $350.00.
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A conviction of a third offense, a fine of not less than $750.00.
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The Code Enforcement Officer may make non-binding recommendations
as to the fines that should be imposed, based upon the history of
the offender as being a habitual offender.
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d.
Section
107.5. Delete.
e.
Section
111. Delete in its entirety.
f.
Section
302.10 and 302.10a.
302.10 Brush and Hedge Cutting Near Roadways and Intersections. This section establishes the requirements for the control of brush,
hedges and other plant life within ten (10) feet of roadways and within
twenty-five (25) feet of the intersection of two (2) roadways where
it is necessary and expedient for the preservation of public safety
for the cutting of same by the owner or tenant of such property; the
enforced action of cutting under the direction of the Borough; the
enforcement of this section and the collection of any expenses associated
with the removal by the Borough or its agent of same.
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302.10(1). It shall be unlawful for any person
to keep any brush, hedges and other plant life, growing within ten
(10) feet of any roadway and twenty-five (25) feet of the intersection
of two (2) roadways, when it is necessary and expedient for the preservation
of public safety, at a height of more than two and one-half (2 1/2)
feet. Public safety issues shall include, but not be limited to, adequate
line of sight distances and obstruction of signage and road markers.
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302.10(2). Upon notice from the Borough or its
agent(s) the owner or tenant of lands lying within the above proscribed
footage shall, within ten (10) days, cut the same.
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302.10(3). In cases where the owner or tenant has failed
or refused to cut the brush, hedges or other plant life within the
ten (10) days, the Lakehurst Public Works Department shall be directed
to cut same and document all expenses to do so.
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302.10(4). A certified invoice for all expenses
associated with the cutting and removal of brush, hedges or other
plant life shall be provided to the Court, Tax Office and Code Official.
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302.10a Penalties. In addition to any penalty
imposed by the Court, consistent with this chapter, full restitution
of all expenses incurred by the Lakehurst Public Works Department
shall be made. In those cases where a judicial proceeding does not
occur, a lien in the amount of the Public Works’ expenses shall
be imposed upon the property by the Tax Collector.
g.
Section
13-303.15. Insert: April 1 to October 31.
h.
Section
13-602.3. Insert: September 1 to May 31.
i.
Section
13-602.4. Insert: September 1 to May 31.
j.
Chapter
13-8, Codes. Amend to APPENDIX A, insert BNBC and BNFPC.
[Ord. No. 2012-06]
In addition to the Code Enforcement Officer and the Housing
Inspector, the Lakehurst Police Department is hereby authorized to
enforce the Property Maintenance Code.
[Ord. No. 03-13; Ord. No. 2016-03; 1973 Code §
13-33; Ord. No. 91-05 §§
8-24.1, 8-24.2; Ord. No. 03-13 §
1; Ord. No. 2022-09; amended 12-15-2022 by Ord. No.
2022-13]
The nonoccupant owner of any dwelling unit which is let or rented to another for the purpose of living therein, shall register and be licensed with the Borough Clerk. In addition to all provisions of this chapter, the license shall be subject to the provisions of subsection 4-1.7, Licenses; Suspensions, Revocations of the Code of the Borough of Lakehurst. The registration and licensing shall be upon forms provided by the Borough Clerk and shall pay an annual registration fee of two hundred ($200.00) dollars per rental unit effective January 1, 2023. Persons required to be registered shall include the following items, as shown in subsection 13-2.2, all of which must be furnished and completed in detail:
a.
The name
and address of any and all persons owning or claiming to own the lands
on which the multiple dwelling is situated.
b.
The names
and addresses of any and all persons holding mortgages or other liens
known to the owner or owners.
c.
The name
and address of an agent designated by the owner to be in charge of
the multiple dwelling, motel, hotel, rooming or boarding house. For
all purposes, the agent for the owner shall accept any notice, complaint,
summons, or other process of any notice of requirements that may be
necessary to be served upon the owner pursuant to this chapter.
d.
The owner
of a rental unit or units shall maintain liability insurance for negligent
acts and omissions in an amount of no less than $500,000 for combined
property damage and bodily injury to or death of one or more persons
in any one accident or occurrence.
e.
The owner
of a multi-family home of four or fewer units, one of which is owner
occupied, shall maintain liability insurance for negligent acts and
omissions in an amount of no less than $300,000 for combined property
damage and bodily injury to or death of one or more persons in any
one accident or occurrence.
f.
Failure
to register a multiple dwelling as above set forth or failure to comply
with any of the terms of this section shall constitute a violation
of the Borough Code and be punishable as set forth. This provision,
however, in no way is to limit any other rights, proceedings, or remedies,
for the enforcement of this chapter otherwise provided herein.
[Ord. No. 91-05 § 8-24.3; New]
In dwelling unit rentals or single-family rentals, no dwelling
unit shall be leased, subleased, rented, or let or sold to any tenant,
lessee, or purchaser unless the owner of the premises shall first
have obtained a Certificate of Occupancy from the Housing Inspector
indicating that such apartment or dwelling unit complies with the
provisions of the regulations of the Borough and the State Housing
Code, N.J.A.C. 5:28 New Jersey State Housing Code, and approval is
obtained from the Housing Inspector that the apartment or dwelling
unit is safe and fit for human habitation.
[Ord. No. 91-05 § 8-24.4; New]
Any change in the address or telephone number of persons cited in subsection 13-2.1 shall be reported to the Borough of Lakehurst within one (1) business day after such change.
[Ord. No. 91-05 § 8-24.5; New]
The owner cited in subsection 13-2.1 shall be required to indicate the total number of dwelling units in each property rented, the location of each property, the number of persons living in each dwelling unit, the number of rooms in each dwelling unit, and the square footage of each dwelling unit.
[Ord. No. 91-05 § 8-24.6; Ord. No. 03-13 § 1; Ord. No. 2012-07; New]
a.
Within
ten (10) days after a tenant moves out of and vacates an apartment
or dwelling unit in any residential premises, the owner of the premises
shall file with the Borough Clerk a statement under oath containing
the address of the premises, the number or other specific designation
of the apartment vacated. The statement shall be in the form requested
by the Borough.
b.
No vacated
apartment or dwelling unit shall be rented or occupied in whole or
in part by any new tenant until an inspection has been made by the
aforesaid departments as to whether the apartment or dwelling unit
is in violation of any of the applicable laws of the Borough, the
State of New Jersey or the United States of America. If no violation
is found, the Inspection Department shall issue a Certificate of Occupancy.
Otherwise, the owner shall be notified in writing of any violations
found.
c.
The inspection
shall be made and either a Certificate of Occupancy or Notice of Violations
shall be issued as aforesaid within ten (10) days from the date of
application.
d.
The fee
for the Certificate of Occupancy, including the review of statement
and inspection, shall be one hundred (100.00) dollars. This fee shall
cover the inspection, and if required, an initial reinspection where
a notice of violation has been issued; a fee of twenty-five ($25.00)
dollars shall thereafter be charged for each reinspection until the
unit is in compliance.
e.
No Certificate
of Occupancy shall be issued to the record owner if such record owner
is delinquent in any payment for any bill related to the subject property.
[Ord. No. 2012-06; New]
a.
It shall
be unlawful and in violation of this section for an owner or tenant
of any registered rental unit to allow a number of people greater
than the permitted maximum number of occupants to rent or occupy any
dwelling unit. It shall also be a violation of this section for the
owner to lease a rental unit to a number or group of tenants which
exceeds the total number of sleeping accommodations which has been
established for said rental unit pursuant to this section. It shall
also be unlawful for the tenant or any owner of a dwelling unit to
knowingly permit a number of people greater than the maximum number
of sleeping accommodations to sleep in or occupy the dwelling unit
overnight. It shall also be unlawful for a tenant or an owner to allow
a number greater than the maximum number of people permitted to occupy
the decks or porches of said rental unit.
b.
The police
officers of the Lakehurst Police Department are authorized to issue
a summons for the violation of this section to any owner or tenant
that is found to be in violation of this subsection.
[1973 Code § 13-39; Ord. No. 91-05 § 8-27.1]
The purpose of this section is to ensure compliance with the
Housing Code of the Borough in order to maintain high standards of
housing for homeowners within the Borough. The Borough, however, by
this section will not guarantee the quality or soundness of any property
or structure, nor will it be liable to any persons for any act or
omission in connection with an inspection or failure to inspect, nor
shall the Borough be considered to be involved in any manner in the
contractual relationship between an owner, tenant, or purchaser.
[Ord. No. 91-05 § 8-27.2; New]
Prior to any change in ownership of any dwelling unit or units
inhabited or intended to be inhabited, a Certificate of Occupancy
shall first have been obtained from the Housing Inspector stating
that the building and premises comply with the requirements of the
Lakehurst Housing Code.
[Ord. No. 91-05 § 8-27.3; Ord. No. 2015-01; New]
A Certificate of Occupancy inspection shall be obtained either
by the owner or the owner’s agent prior to a change in ownership
or rental and shall be performed by the Housing Inspector for the
purpose of determining if a Certificate of Occupancy may be issued.
[Ord. No. 91-05 § 8-27.4]
All violations of the Borough of Lakehurst Housing Code shall
be reflected in the Inspection Report in order to provide notice to
the owner or prospective owner or occupant of the violations.
[Ord. No. 91-05 § 8-27.5; New]
A violation of the Housing Code which poses a positive or obvious
threat to the health, safety, or welfare of any potential occupant
shall be deemed a major violation of the Housing Code and shall be
designated to the owner, potential owner or occupant, separately on
the Inspection Report. Major violations, as determined by the Housing
Inspector, must be corrected by the owner of the unit before the issuance
of a Certificate of Occupancy. The responsibility for correction of
a violation of the Housing Code which is not a major violation may
be assumed by the Buyer, with the written notification and approval
of the Code Enforcement Officer. At the time of such assumption of
responsibility, a conditional Certificate of Occupancy may be issued,
and the violations shall be corrected by the Buyer within sixty (60)
days of the date of issuance of the “As Is” Certificate
of Occupancy. The Housing Inspector may grant an extension not exceeding
thirty (30) days for just cause.
[Ord. No. 91-05 § 8-27.6; New]
An unconditional Certificate of Occupancy shall be issued by
the Housing Inspector at such time as the Housing Inspector is satisfied
that all violations have been corrected.
[Ord. No. 91-05 § 8-27.7; New]
The completed Certificate of Occupancy shall contain the name
or names of the Buyer. One (1) copy of the completed Certificate of
Occupancy shall be provided by the Borough to the Buyer.
[Ord. No. 91-05 § 8-27.8; New]
In the event the property is sold, a Certificate of Occupancy
is valid for the authorization of occupancy for a period of three
(3) years after issuance.
[Ord. No. 91-05 § 8-27.9; Ord. No. 2015-01; Ord. No. 2016-03; New]
Application for a Certificate of Occupancy shall be in writing
on a form provided by the Housing Inspector and shall disclose the
identity of the owner and prospective owner and occupant and shall
be accompanied by a fee of one hundred ($100.00) dollars for each
dwelling unit. If more than one (1) re-inspection is required, there
shall be an additional fee of twenty ($25.00) dollars for each additional
re-inspection.
[Ord. No. 91-05 § 8-27.10]
Properties acquired by the Borough through in rem tax foreclosure
shall be exempt from the provisions of this section.
[Ord. No. 91-05 § 8-27.11; New]
This section shall not be construed to prevent the sale of residential
property having major and minor Housing Code violations to a Buyer
who is desirous of purchasing the property in its defective condition,
but shall be construed to prohibit the purchaser from occupying the
property without the issuance of a Certificate of Occupancy, conditional
or unconditional.
[1973 Code § 13-27; Ord. No. 91-05 § 8-19.9]
a.
The owner
of any property in the Borough shall provide and maintain mail receptacles
for all occupants, conforming to all Federal postal laws and regulations.
b.
In multiple
dwellings, there shall be identification by name and unit of dwelling
space for each designated occupant, maintained by the person in charge
of the premises or in the lobby, lounge, or mailroom area. Nothing
herein shall be construed as requiring a directory for transient guests,
provided there is a responsible person on the premises designated
by the owner, known to postal authorities, who shall on behalf of
the owner receive and distribute or make available for pickup mail
for transient guests.
[1973 Code § 13-28; Ord. No. 91-05 § 8-20.1]
a.
Driveways
shall have two (2) traffic lanes for their entire length, in addition
to any parking space, except that a single lane may be used for short
straight service driveways where two (2)-way traffic is not anticipated.
b.
Buildings,
walls, fences, planting, and other sight obstructions shall be so
located and designed that a driver backing out of a garage, carport
or parking space can see approaching traffic speed and volume.
[Ord. No. 91-05 § 8-20.2]
Driveways and parking areas shall be maintained free of potholes
or other unsafe or unsanitary conditions.
[Ord. No. 91-05 § 8-20.3]
No parking will be permitted in approach drives to parking areas
where such parking will obstruct ingress of firefighting equipment.
[1973 Code § 13-29; Ord. No. 91-05 § 8-20.4; New]
a.
Any owner
of a multiple dwelling with five (5) or more dwelling units which
provides parking to the occupants thereof, and in which a handicapped
person resides, shall provide parking spaces for occupants who are
handicapped located at the closest possible proximity to the principal
accesses of the multiple dwelling.
b.
A minimum
of one (1%) percent of the total number of parking spaces provided
for the occupants of the multiple dwelling, but not less than one
(1) space, shall be set aside as parking for the handicapped.
1.
Each
space or group of spaces shall be identified with a clearly visible
sign displaying the International Symbol of Access along with the
following words: "This space reserved for physically handicapped drivers."
2.
Each
reserved space shall be twelve (12) feet wide to allow room for a
person in a wheelchair or on braces or crutches to get in and out
of either side of an automobile onto a level, paved surface suitable
for wheeling and walking and shall be located so that a person in
a wheelchair or using braces or crutches is not compelled to wheel
or walk behind parked cars.
c.
For purposes
of this section, "handicapped" means a person with a State issued
ID plaque.
[Ord. No. 03-17 § 1]
a.
Purpose.
It is the purpose of this subsection to implement the provisions of P.L. 2003, c. 114, which authorizes the governing body of a municipality to adopt an ordinance imposing a tax at a uniform percentage rate not to exceed one (1%) percent on charges of rent for every occupancy on or after July 1, 2003, but before July 1, 2004, and not to exceed three (3%) percent on charges of rent for every occupancy on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1996, c. 40 (N.J.S.A. 54:32B-3) which shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon the occupancy of a hotel room. The Governing Body of the Borough of Lakehurst believe that the adoption of this subsection would be in the best interests of the Borough by recognizing the public services provided to such establishments while at the same time easing the real property tax burden.
b.
There is hereby established a Hotel and Motel Room Occupancy Tax in the Borough of Lakehurst which shall be fixed at a uniform percentage rate of one (1%) percent on charges of rent for every occupancy of a hotel or motel room on or after July 1, 2003, but before July 1, 2004, and three (3%) percent on charges of rent for every occupancy of a hotel or motel room on or after July 1, 2004, of a room or rooms in a hotel subject to taxation pursuant to subsection (d) of section 3 of P.L. 1966, c. 40, N.J.S.A. 54:32B-3 (sales tax).
c.
The Hotel
and Motel Room Occupancy Tax shall be in addition to any other tax
or fee imposed pursuant to statute or local ordinance or resolution
by any governmental entity upon the occupancy of a hotel room.
d.
The Hotel and Motel Room Occupancy Tax authorized herein shall not be imposed on the rent for an occupancy if the purchaser, user or consumer is an entity exempt from the tax imposed on an occupancy under the "Sales and Use Tax Act" pursuant to subsection (a) of section 9 of P.L. 1966, c. 30 (C.54:32B-9).
e.
In accordance
with the requirements of P.L. 2003, c. 114:
1.
All taxes
imposed by this section shall be paid by the purchaser;
2.
A vendor
shall not assume or absorb any tax imposed by ordinance;
3.
A vendor
shall not in any manner advertise or hold out to any person or to
the public in general, in any manner, directly or indirectly, that
the tax will be assumed or absorbed by the vendor, that the tax will
not be separately charged and stated to the customer, or that the
tax will be refunded to the customer;
4.
Each assumption
or absorption by a vendor of the tax shall be deemed a separate offense
and each representation or advertisement by a vendor for each day
that the representation or advertisement continues shall be deemed
a separate violation; and
5.
Any violation
of this section shall be subject to penalties imposed by the Municipal
Court, not to be less than two hundred fifty ($250.00) dollars per
violation and not to exceed one thousand two hundred fifty ($1,250.00)
dollars per violation.
f.
The tax
imposed by this section shall be collected on behalf of the Borough
of Lakehurst by the person collecting the rent from the hotel or motel
customer. Each person required to collect the tax herein imposed shall
be personally liable for the tax imposed, collected or required to
be collected hereunder. Any such person shall have the same right
in respect to collecting the tax from a customer as if the tax were
a part of the rent and payable at the same time; providing that the
Chief Financial Officer of the Borough shall be joined as a party
in any action or proceeding brought to collect the tax.
