[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 6-14-2011 by Ord. No. 2011-12. Amendments noted
where applicable.]
[Amended 3-22-2022 by Ord. No. 2022-2]
Pursuant to N.J.S.A. 40:49-5.1, the International Property Management
Code, 2018, published by the International Code Counsel, is hereby
accepted, adopted and established as the standard and guide in determining
whether dwellings and properties in this municipality are properly
maintained in accordance with and in the interest of promoting the
health, safety and welfare of the public. A copy of the International
Property Maintenance Code (IPMC) is annexed hereto and three copies
have been placed on file in the office of the Borough Clerk and are
available to all persons desiring to use and examine the same.
The International Property Maintenance Code as identified above
shall be hereby amended and supplemented to read as follows:
A.
Section 101.1 Title. These regulations shall be known
as the "International Property Maintenance Code of Borough of Bradley
Beach," hereinafter referred to as "this code."
B.
Section 102.3 Application of other codes. Repairs, additions
or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the New Jersey
Uniform Construction Code. Nothing in this code shall be construed
to cancel, modify of set aside any provision of the Borough of Bradley
Beach Zoning Code. Any reference to the "International Building Code,"
"National Electric Code" or the "International Plumbing Code," as
found in the International Property Maintenance Code adopted herein,
shall be construed to mean and be read in accordance with the New
Jersey Uniform Construction Code. Any reference to the "International
Fire Code" as found in International Property Maintenance Code adopted
herein shall be construed to mean and be read in accordance with the
New Jersey International Fire Code.
C.
Section 103. This section, including all subparts, is
deleted in its entirety.
D.
Section 106.4 Violations and penalties. Unless otherwise provided in this Code, any person, persons, other entities, or their agents, who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements hereof, shall be prosecuted within the limits provided by state or local laws and upon conviction thereof shall be subject to the penalties set forth in Borough Ordinance Chapter 1, Article II, General Penalty. Each day that a violation continues after due notice has been served shall be deemed a separate offense. All summons issued in connection with the enforcement of this code, or any rule or regulation adopted pursuant thereto, shall be heard before the Municipal Court of the Borough of Bradley Beach in accordance with the rules of the Municipal Court, as adopted by the Supreme Court.
E.
Section 107.7 No notice necessary. No notice of violation
need be given to any person or entity prior to the issuance of a summons
for the violation of any standards or provisions herein adopted and
all requirements as to notice shall be read as being discretionary
and permissive only.
F.
Section 111. This section, including all subparts, is
deleted in its entirety.
G.
Section 112.4 Failure to comply. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to a fine of not less
than $200 or more than $2,000.
H.
Section 302.3.1 Snow removal: sidewalks and parking
lots. Snow and ice shall be removed from sidewalks and private parking
lots within 24 hours after cessation of precipitation.
I.
Section 302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation other than trees or shrubs
provided; however, this term shall not include cultivated flowers
and gardens. Upon failure of the owner, the owner's agent, or other
person having charge of a property to cut and destroy weeds after
service of a notice of violation, said person shall be subject to
prosecution in accordance with Section 106.3 and as otherwise prescribed
by the authority having jurisdiction. Upon failure to comply with
the notice of violation, any duly authorized employee of the jurisdiction
or contractor hired by the jurisdiction shall be authorized to enter
upon the property in violation and cut and destroy the weeds growing
thereon, and the cost of such removal shall be paid by the owner or
agent responsible for the property.
J.
Section 302.7 Accessory structures. All accessory structures,
including but not limited to, detached garages, sheds, outside showers,
fences and walls, shall be maintained in structurally sound and in
good repair.
K.
Section 302.10 Depositing of snow or ice prohibited. No person or other entity shall throw, place or deposit any snow
or ice into or on any street in the Borough, and no owner, tenant
or occupant shall cause or allow such throwing, placing or depositing
to occur, or cause or permit said throwing, placing or depositing
of any snow or ice to remain in the street, it being the intent and
purpose of this provision to prohibit all such persons and entities
from throwing, placing or depositing snow or ice which accumulated
on the private property or adjoining sidewalks into the streets of
the Borough.
L.
Section 304.1.1. This section shall be amended to delete
any reference to existing International Building Code.
M.
Section 304.3.1 Premises identification. Commercial
buildings with rear doors shall have the name of any businesses, address
number and unit identification, if applicable, on the outside of said
rear doors. Numbers and letters shall be a minimum of three inches
high with a minimum width of 0.5 inches.
N.
Section 304.6.1 Exterior walls. All exterior walls,
including masonry walls, shall be free of chipping, staining and deterioration
of paint and all such walls shall be restored to a clean good appearance.
O.
Section 304.14 Insect screens. Every door, window and
other outside opening required for ventilation of habitable rooms,
food preparation area, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved,
tightly fitting screens of not less than 16 mesh per inch (16 mesh
per 25 millimeters), and every screen door used for insect control
shall have a self-closing device in good working condition.
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Exception: Screens shall not be required where
other approved means, such as air curtains or insect repellent fans,
are employed.
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P.
Section 308.3.1 Garbage facilities. The owner of every
dwelling shall supply an approved leakproof, covered, outside garbage
container, and no option to this requirement shall be permitted.
Q.
Section 404.4.1 Room area. Every living room shall contain at least
120 square feet (11.2 m2) and every bedroom
shall contain at least 70 square feet (6.5 m2) for the first person and 50 square feet for each additional person.
R.
Section 602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from October 1 to May 15 to maintain a temperature of not less than
68º F. (20º C.) in all habitable rooms, bathrooms and toilet
rooms.
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Exceptions:
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(1)
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When the outdoor temperature is below the winter outdoor design
temperature for the locality, maintenance of the minimum room temperature
shall not be required provided that the heating system is operating
at its full design capacity. The winter outdoor design temperature
for the locality shall be as indicated in National Standard Plumbing
Code currently adopted by the NJ-UCC.
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(2)
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In areas where the average monthly temperature is above 30º
F. (-1º C.) a minimum temperature of 65º F. (18º C.)
shall be maintained.
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S.
Sec. 602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 15 to maintain a temperature of not less than 65º F.
(18º C.) during the period the spaces are occupied.
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Exceptions:
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(1)
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Processing, storage and operation areas that require cooling
or special temperature conditions.
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(2)
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Areas in which persons are primarily engaged in vigorous physical
activities.
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The specific provisions and wording of this chapter, whether
amendments, additions or otherwise, shall take precedence over and
supersede any provisions and wording as may be found in the IPMC hereby
adopted and said specific provisions and wording shall be controlling.
All prefacing information as may be provided with the IPMC,
including but not limited to the sections as to introduction, development,
adoption, maintenance, letter designations, marginal markings, italicized
words, and otherwise, shall not be considered to be part of this chapter.
[Added 6-26-2018 by Ord.
No. 2018-19]
The following construction site maintenance standards shall
be the responsibility of the property owner and/or contractor who
shall maintain the entire site in a safe and orderly condition during
construction.
A.
The following construction site maintenance standards shall apply
to any size property where any construction activities are undertaken.
These standards shall include, but are not limited to, the following:
(1)
Open excavation shall be enclosed by fencing or barricades during
nonconstruction hours.
(2)
Excavation of previously installed sidewalk and pavement areas shall
be clearly marked with signs and barricades. All appropriate permits
and Borough approvals for the excavation of previously installed sidewalk
and pavement areas shall be obtained. Alternate safe access shall
be provided for pedestrians and vehicles. Any excavated sidewalk or
pavement areas which will not be repaired within 48 hours shall be
covered in a fashion to permit safe pedestrian and/or vehicular traffic
with concrete, asphalt-type material or other nonslip approved material
by the Code Enforcement Office. Any damage to sidewalks, ramps and
signage shall be repaired temporarily within 48 hours to maintain
safety, with a substance satisfactory to the Borough Engineer and
the use of silt fencing as a temporary measure and that permanent
repair be done at the conclusion of construction to the satisfaction
of the Borough Engineer.
[Amended 7-23-2019 by Ord. No. 2019-17]
(3)
All construction sites shall have a silt fence installed to manufacturer's
specifications and maintained during the duration of the construction.
(4)
Construction equipment, construction trailers, materials and trucks
shall not be stored within 10 feet of occupied buildings and adjoining
streets, sidewalks and/or properties during nonconstruction hours.
(5)
Portable bathroom facilities shall not be placed within 10 feet of
adjoining occupied buildings and adjoining streets, sidewalks and/or
properties.
(6)
Construction activities which will result in damage to trees and
landscaping on occupied lots and/or adjoining properties shall not
be permitted. Trees and environmentally sensitive areas shall be protected,
at a minimum, by the use of orange construction fencing at the dripline
of all trees.
(7)
Unsightly construction debris, including scrap materials, cartons,
boxes and wrappings must be removed daily at the end of each working
day or placed in a dumpster. Dumpsters shall be covered when the construction
site is not active.
(8)
All locations and activities in the project which present potential
hazards shall be marked with signs indicating the potential hazard.
(9)
All dumpsters shall meet Chapter 348 and, if possible, storing on public streets shall be avoided. All dumpsters shall be loaded so that no items are protruding out of the top or hanging over the sides. Dumpsters shall be covered when the construction site is not active.
(10)
Proper measures shall be taken to prevent the tracking of mud
onto public streets or roads or property of third persons. Such measures
shall include but are not limited to covering muddy areas on site
with clean, dry sand and/or gravel. All ingress/egress points to the
site shall be maintained in a dry condition, and any mud tracked onto
public streets or roads, or other areas of the building, or property
of third parties shall be immediately removed and the affected area
cleaned.
(11)
Temporary driveways and/or access points to the site which abut a public street must, at a minimum, be constructed of gravel to a point at least 15 feet back from the public street. The sidewalk and apron part of the driveway shall meet the requirement of Subsection A(2) above. The gravel shall be maintained so that it is not dispersed onto any public street and/or sidewalk. Temporary driveways and/or access points to the site shall be where a proposed road to the project and/or driveway to a lot will be constructed, if possible. Further, once heavy equipment is removed from the site which could harm a base coat, the asphalt base coat shall be installed in place of the gravel.
(12)
Certificates of occupancy shall not be issued until all machinery,
materials, implements, barricades, staging, debris, and rubbish connected
with or caused by the work are removed.
(13)
Within 10 calendar days after the issuance of a certificate
of occupancy or a temporary certificate of occupancy, all contractor
and/or developer signs and "for sale" and/or "for rent" signs shall
be removed, unless the property receiving such certificate is part
of a project and said property is not the last property in the project
receiving such certificate.
(14)
When a structure is demolished and the construction of a new
structure does not commence within one month, grass shall be planted
and maintained to prevent soil erosion.
B.
Waivers. When any of the requirements are not practicable, a waiver
may be applied for. Requests for waivers shall be made, in writing,
to the Code Enforcement Office. Said requests shall specifically state
which sections of these regulations for which a waiver is requested,
why the waiver is needed and what alternate steps will be taken to
avoid the outcome which the regulation is intended to prevent. The
Code Enforcement Office may only grant the waiver if it finds that
the strict enforcement of the regulation presents a unique hardship
to the individual requesting the waiver or to the general public and
that the proposed alternate steps, or the alternate steps required
by the Code Enforcement Office, will adequately address the outcome
which the regulation is intended to prevent and will adequately protect
the health, safety and welfare of the occupants of the property and/or
the project and the general public. The Code Enforcement Office is
not authorized to grant a waiver of any specific requirement of a
Planning Board or Zoning Board of Adjustment approval which relates
to construction site maintenance.
C.
Should the property owner and/or contractor fail to maintain the
project in a safe and orderly condition, the Borough may, on two days'
written notice, or immediately in the case of hazard to life, health,
or property, undertake whatever work may be necessary to return the
project to a safe and orderly condition. The cost thereof shall be
charged against the performance guaranty, or if none has been posted,
or if the guaranty is insufficient to cover the costs, the costs shall
constitute a lien against the property.
D.
Enforcement; violations; penalties.
(1)
Enforcement. The provisions of this section shall be enforced by
the Department of Code Enforcement.
(2)
Violations and penalties. Every person violating the provisions of
this section shall, upon conviction thereof, be subject to a fine
of $250 plus costs. The property owner and/or contractor shall have
10 calendar days from the date of issuance of a violation to remedy
the violation; if the violation is remedied in this time frame, the
property owner and/or contractor shall only be subject to a fine of
$250 plus costs. If the violation is not remedied in this time frame,
the property owner and/or contractor shall be subject to a fine of
$250 plus costs, plus an additional fine of $50 per day, calculated
from the date of the violation, and continuing until the violation
is remedied.
[Added 12-11-2018 by Ord.
No. 2018-27]
A.
The owner or tenant of lands lying in the Borough is hereby required
to remove from such lands any brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths and filth, garbage, trash and debris,
and including areas surrounding fencing, garages, sheds and similar
structures.
B.
Whenever the Code Enforcement Officer shall deem it necessary and
expedient for the preservation of the public health, safety, general
welfare, or to eliminate a fire hazard, to remove from any lands brush,
weeds, dead and dying trees, stumps, roots, obnoxious growths and
filth, garbage, trash and debris, he shall give notice to the owner
or tenant of such lands, which notice shall require the owner or tenant
to provide for the removal thereof within 10 days. Such notice may
be by personal service or by certified mail to the last known address
of the owner of such lands. In the event the condition is not abated
within the ten-day period or where the owner or tenant refuses or
neglects to remove same in the manner and within the time above provided,
it shall be lawful for the same to be removed by or under the direction
of any duly authorized employee of the Borough or contractor hired
by the Borough.
C.
In all cases where brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths and filth, garbage, trash and debris are removed
from any lands by virtue of this chapter by or under the direction
of the Code Enforcement Officer or a borough employee, the Borough
Administrator shall certify the cost thereof to the Council, which
shall examine the certificate and, if found correct, shall charge
the costs against the lands and the amount so charged shall become
a lien upon such lands and shall be added to and become a part of
the taxes next to be assessed upon such lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes.
[Added 4-10-2024 by Ord. No. 2024-3]
The purpose of this section is to prevent stored salt and other
solid de-icing materials from being exposed to stormwater. This section
establishes requirements for the storage of salt and other solid de-icing
materials on privately owned properties not owned or operated by the
Borough of Bradley Beach to protect the environment, public health,
safety and welfare, and to prescribe penalties for failure to comply.
A.
DE-ICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(1)
(2)
(3)
(4)
(5)
PERSON
RESIDENT
STORM DRAIN INLET
Definitions. For the purpose of this section, the following terms,
phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow.
A surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures require a door or other means of
sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of de-icing materials;
The design shall prevent stormwater run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll-up door or other means of sealing
the access way from wind driven rainfall.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A person who resides on a residential property where de-icing
material is stored.
The point of entry into the storm sewer system.
B.
De-icing material storage requirements. Temporary outdoor storage
of de-icing materials in accordance with the requirements below is
allowed between October 15 and April 15:
(1)
Loose materials shall be placed on a flat, impervious surface in
a manner that prevents stormwater run-through;
(2)
Loose materials shall be placed at least 50 feet from surface water
bodies, storm drain inlets, and/or ditches or other stormwater conveyance
channels;
(3)
Loose materials shall be formed in a cone-shaped storage pile. If
loading or unloading activities alter the cone-shape during daily
activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
(4)
Loose materials shall be covered as follows:
(a)
The cover shall be waterproof, impermeable, and flexible;
(b)
The cover shall extend to the base of the pile(s);
(c)
The cover shall be free from holes or tears;
(d)
The cover shall be secured and weighed down around the perimeter
to prevent removal by wind;
(e)
Weight shall be placed on the cover(s) in such a way that minimizes
the potential of exposure as materials shift and runoff flows down
to the base of the pile. Sandbags lashed together with rope or cable
and placed uniformly over the flexible cover, or poly-cord nets provide
a suitable method. Items that can potentially hold water (e.g., old
tires) shall not be used.
(5)
Containers must be sealed when not in use; and
(6)
The site shall be free of all de-icing materials between April 16
and October 14.
(7)
De-icing materials should be stored in a permanent structure if a
suitable storage structure is available. For storage of loose de-icing
materials in a permanent structure, such storage may be permanent,
and thus not restricted from October 15 to April 15.
(8)
The property owner, or owner of the de-icing materials if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this ordinance are met. Inspection records shall be kept on site
and made available to the municipality upon request.
(9)
Residents who operate businesses from their homes that utilize de-icing
materials are required to perform weekly inspections.
C.
Exemptions.
(1)
Residents may store de-icing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the de-icing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
(2)
If containerized (in bags or buckets) de-icing materials are stored
within a permanent structure, they are not subject to the storage
and inspection requirements above. Piles of de-icing materials are
not exempt, even if stored in a permanent structure.
(3)
This section does not apply to facilities where the stormwater discharges
from de-icing material storage activities are regulated under another
NJPDES permit.
D.
Enforcement. This section shall be enforced by the Code Enforcement
Officer.
E.
Violations and penalties. Any person(s) who is found to be in violation
of the provisions of this section shall have 72 hours to complete
corrective action. Upon conviction for a violation of the provisions
of this section, the violator(s) shall be subject to a fine not to
exceed $500 for a first offense; $1,000 for a second offense; and
$2,000 for a third or subsequent offense.
