[Ord. No. 90-07 § 1; Ord. No. 2009-06; amended 5-14-2019 by Ord. No. 2019-5]
A certain document, three (3) copies of which are on file in the office of the Borough Clerk of the Borough of Island Heights, being marked and designated as the International Property Maintenance Code, 2018 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Island Heights, Ocean County, New Jersey. The Code regulates and governs the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided. The Code shall provide for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this section, with the additions, insertions, deletions and changes, if any, prescribed in Subsection 12-1.2 of this section.
[Ord. No. 90-07 § 3; Ord. No. 2009-06; Ord. No. 2013-03]
The following sections are hereby revised:
a.
Section 101.1. Borough of Island Heights, hereinafter referred to as "This Code."
b.
Section 103.5. Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this Code are set forth herein in subsection 12-1.3.
c.
106.4 Violations, Penalties.
a.
Any person who violates any one (1) or more sections of this ordinance shall be subject to a fine of not less than one thousand dollars ($1,000.00) for each separate offense and/or confinement in the Ocean County Jail for a period of not more than ninety (90) days. The Municipal Court shall have the option of imposing community service for a violation of any offense under this ordinance. Each day that a violation continues after notice has been served shall be deemed a separate offense.
b.
Each and every day in which a violation of any of the provisions of this Chapter exists shall constitute a separate offense.
d.
106.5 Abatement of Violations and Violation and Nuisance; a lien against the premises. The imposition of penalties herein prescribed shall not preclude the Code Enforcement Officer of the Borough from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises. Further, the Borough may, by resolution of the Borough Council, abate a nuisance, correct a defect or put a premises in proper condition so as to comply with the requirements of this Chapter or applicable statutes, at the cost of the owner or lessor, and the Borough may expend Municipal funds for such purposes and charge the same against the premises, in the amount thereof, as acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.
e.
Section 302.4, Weeds.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of eight inches for an improved lot and eight inches for a vacant lot. 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.
The owner or agent having charge of the property shall not permit vegetation, plants, and nonindigenous grasses to grow beyond the property line.
Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as 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 costs of such removal shall be paid by the owner or agent responsible for the property.
[Amended 11-28-2017 by Ord. No. 2017-6]
f.
Section 304.14: May 1st through October 31st (can be adjusted).
g.
Section 602.3: October 1st to May 1st.
h.
Section 602.4: October 1st to May 1st.
i.
Section 111, Means of Appeal, is deleted in its entirety.
[Added 10-13-2015 by Ord. No. 2015-10]
[Ord. No. 90-07 § 3; amended 7-16-2024 by Ord. No. 2024-06]
b.
In keeping with the foregoing, property owners shall make application for a rental certificate on a form prescribed by the Borough. Upon making application for a rental certificate, the property owner shall pay the inspection fee of $100, prior to the scheduling of an inspection.
c.
The property owner shall provide the following to the Office of Code Enforcement prior to the rental certificate inspection:
1.
A copy of a property insurance declaration for the subject property showing a minimum coverage of $500,000 for liability for negligent acts and omissions, combined property damage and bodily injury or death that occurs on the property in keeping with N.J.S.A. 40A:10A-1.
2.
A landlord registration form completed on the form prescribed by the State of New Jersey in keeping with N.J.S.A. 46:8-28 (this form must also be provided to the tenant by the property owner)
3.
A Lead Based Paint Safe Certificate (for properties constructed in 1977 or prior) in keeping with N.J.A.C. 5:28A.
4.
A chimney certification prepared by a licensed chimney sweep or HVAC contractor.
5.
A heating system certification prepared by a licensed HVAC contractor or a licensed plumber attesting that the heating system is in good order and safe to operate.
6.
A list of all tenants who will occupy the property with telephone numbers for each adult tenant.
d.
Upon performing an inspection of a property for issuance of a rental certificate, the Code Enforcement Officer shall inspect at a minimum the following:
1.
That the property exterior is in good order with no overgrown grass, weeds or other vegetation.
2.
That there is no debris or trash being stored on the property.
3.
That the structure has street address numbers in place on the front of the structure that are a minimum of two inches in height and made of reflective material.
4.
That each staircase of four or more steps has secure handrails in place.
5.
That the plumbing system is operating and water is flowing from each interior faucet.
6.
That the utilities including electricity, natural gas, and water are on and functioning.
7.
That the electrical outlets are in good working order and that ground force interrupt (GFI) electrical outlets are in place in all bathrooms, kitchens, exterior areas and near any other water sources.
8.
That all range type stoves are equipped with an anti-tip device attached to the wall.
9.
That smoke detectors are mounted and functional in all bedrooms and that a smoke detector is present in the hallway outside of the bedrooms and that one functioning smoke detector and one functioning carbon monoxide detector is mounted on each level of the structure.
10.
That a fire extinguisher (rating of 2A-10BC) is mounted within 10 feet of the kitchen area.
11.
That all interior doors open and close smoothly and securely.
12.
That all exterior doors open and close smoothly and have functioning locks.
13.
That all windows have functioning locks and when raised will stay in the open position to allow for safe egress.
e.
If the subject property passes the rental certificate inspection, the Borough Office of Code Enforcement shall issue a rental certificate to the property owner on a form prescribed by the Borough.
f.
If the subject property fails inspection, the property owner may request a reinspection within 30 days upon payment of a $50 reinspection fee. After 30 days, the property owner must submit a new application for rental certificate inspection.
g.
A rental certificate shall be valid for two years from the date of issuance or until there is a change in tenancy. Upon any change in tenancy, the property owner must apply for a new rental certificate in keeping with the foregoing.
h.
It shall be the responsibility of property owners to immediately report any change in tenancy to the Borough Office of Code Enforcement, failure to so shall be considered a violation of the provisions of this section of the Borough Code.
[Added 7-16-2024 by Ord. No. 2024-06]
a.
A resale certificate issued by the Borough Office of Code Enforcement shall be required:
1.
Prior to the sale or transfer of any improved commercial or residential property in the Borough.
b.
In keeping with the foregoing, property owners shall make application for a resale certificate on a form prescribed by the Borough. Upon making application for a resale certificate the property owner shall pay the inspection fee of $100, prior to the scheduling of an inspection.
c.
The property owner shall provide the following to the Office of Code Enforcement prior to the inspection:
d.
Upon performing an inspection of a property for issuance of a resale certificate, the code Enforcement Officer shall inspect at a minimum the following:
1.
That the property exterior is in good order with no overgrown grass, weeds or other vegetation.
2.
That there is no debris or trash being stored on the property.
3.
That the structure has street address numbers in place on the front of the structure that are a minimum of two inches in height and made of reflective material.
4.
That each staircase of four or more steps has secure handrails in place.
5.
That the plumbing system is operating and water is flowing from each interior faucet.
6.
That the utilities including electricity, natural gas, and water are on and functioning.
7.
That the electrical outlets are in good working order and that ground force interrupt (GFI) electrical outlets are in place in all bathrooms, kitchens, exterior areas and near any other water sources.
8.
That all range type stoves are equipped with an anti-tip device attached to the wall.
9.
That smoke detectors are mounted and functional in all bedrooms and that a smoke detector is present in the hallway outside of the bedrooms and that one functioning smoke detector and one functioning carbon monoxide detector is mounted on each level of the structure.
10.
That a fire extinguisher (rating of 2A-10BC) is mounted within 10 feet of the kitchen area.
11.
That all interior doors open and close smoothly and securely.
12.
That all exterior doors open and close smoothly and have functioning locks.
13.
That all windows have functioning locks and when raised will stay in the open position to allow for safe egress.
e.
If the subject property passes the resale certificate inspection, the Borough Office of Code Enforcement shall issue a resale certificate to the property owner on a form prescribed by the Borough.
f.
If the subject property fails inspection, the property owner may request a reinspection within 30 days upon payment of a $50 reinspection fee. After 30 days, the property owner must submit a new application for resale certificate inspection.
g.
A resale certificate shall be valid for one year from the date of issuance.
[Added 7-16-2024 by Ord. No. 2024-06]
a.
If a property owner wishes to sell or transfer an improved commercial or residential property within the Borough and said property cannot pass a resale certificate inspection in keeping with Borough Code subsection 12-1.4, the property owner may apply to the Borough Office of Code Enforcement for a transfer certificate.
b.
An application for a transfer certificate shall be made on a form prescribed by the Borough and the application fee shall be $100.
c.
The issuance of a transfer certificate shall be approved under the following circumstances:
1.
Upon submission of an application by a property owner and payment of the application fee of $100.
2.
Upon receipt of a letter from the buyer or the buyer's agent attesting that the buyer acknowledges and understands that the subject property may not be occupied until the new owner receives a resale certificate or a certificate of occupancy issued pursuant to the New Jersey Uniform Construction Code (UCC) from the Borough Office of Code Enforcement or the Borough Construction Official.
d.
A transfer certificate shall be valid for the sale or transfer of a property for 180 days from the date of issuance.
e.
Upon taking ownership of a property that was the subject of a transfer certificate, the new owner shall have a maximum of 180 days to obtain a resale certificate or a certificate of occupancy under the UCC.
[1975 Code § 71-4; Ord. No. 98-16 § 1]
It shall be unlawful for any owner or possessor of any land in this municipality to do any of the following things:
a.
Permit such land to have on the surface thereof any stagnant water;
b.
Permit such land to be lower than any adjacent land or highway, so that surface water falls or flows to it, without either:
1.
Filling such low land to the approximate grade of the adjoining highway or adjoining property; or
2.
Providing suitable and efficient drainage for his low land, to the end that by either filling or drainage, as aforesaid, his lowland shall not be the source of stench, obnoxious odors, a mosquito breeding site or a place dangerous to public health.
c.
Permit on his land an abandoned, unused or unprotected wall, cellar or other unnatural declivity in which stagnant water or debris is retained or which is dangerous to a person, including a child, being or coming upon the land.
d.
Permit to be installed or placed on his land any structure, thing or device which, by reason of its shape or placement on the lands, permits water to collect and be a source of stench, obnoxious odors, mosquito breeding site or a place dangerous to public health.
e.
It shall be unlawful for any property owner, tenant or licensee to store outside of a building or on any property in the Borough of Island Heights, any unusable motorized boat or motorized watercraft (including those so in need of repair as to render them unseaworthy) that measures twenty (20') feet in length or more and is not currently registered. Except in the foregoing established business's classified and permitted as marinas per Chapter XXXII, Section 32-6.
1. WATERCRAFT MOTORIZE SEAWORTHY STORE or STORED
Definitions:
One propelled by power and/or sail.
To equip with a motor.
Fit or safe for a sea voyage.
Keeping upon any lands for a period of more than thirty (30) days.
[1975 Code § 71-5]
Upon the complaint of any resident or property owner of the Borough or any employee of the Borough or upon his own motion, the Code Enforcement Official, or his designated agent, shall make an investigation of the conditions complained of and shall report thereon, in writing, to the Borough Clerk for the Governing Body.
[1975 Code § 71-6]
Upon receiving the report, if the land in question about which the complaint was made is found to be in such a condition that a violation of one (1) or more of the provisions of subsection 12-2.1 hereof exists on the land, the Borough Clerk shall notify the owner and possessor of the lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove the violation from the land within ten (10) days after receipt of the notice.
[1975 Code § 71-7]
The Code Enforcement Official shall reinspect the lands after the ten (10) day period shall have expired and shall report, in writing, to the Borough Clerk for the Governing Body whether or not the unlawful condition complained of and previously found to exist in violation of this section, has been abated or remedied.
[1975 Code § 71-8]
a.
In the event that the owner or possessor of the land shall refuse or neglect to abate or remedy the condition complained of and which constituted a violation of this section after the ten (10) day notice, the Governing Body shall cause the condition complained of to be abated and remedied.
b.
After the condition has been abated and remedied, the Governing Body shall have a certificate of the costs of having the condition complained of abated and remedied prepared by the Borough Clerk and presented to it.
c.
Thereafter, the Governing Body shall examine the certificate and, if found correct, shall cause the costs as shown thereon to be charged against the land.
d.
The amount so charged against such land shall become a lien upon such land, the same to bear interest at the same rate as taxes and to be enforced by the same officers and in the same manner as taxes.
[1975 Code § 71-9]
Any person convicted of a violation of any of the provisions of this section shall be liable to the provisions of Chapter I, Section 1-5. The continuation of a violation beyond the date fixed for compliance in the notice shall be deemed a separate violation for each and every day said violation is allowed to continue. The penalties set forth in this section are separate and apart from the remedy provided for in subsection 12-2.5d hereof, and the remedy provided by N.J.S.A. 40:48-2.13 and 2.14 (L. 1943, c. 71, p. 280).