[HISTORY: Adopted by the City Council of
the City of Long Branch 1-26-1971 by Ord. No. 590 as Secs. 2-1 through 2-13,
2-22, 2-23 and 18-1 of the 1971 Code. Amendments noted where applicable.]
This chapter shall be known and may be cited
as the "Administrative Code of the City of Long Branch" and is herein
referred to as the "code."[1]
[1]
Editor's Note: The Administrative Code has been drafted in conformity with the Charter more specifically defined in Chapter 1, General Provisions. Other enabling laws relating to this chapter are N.J.S.A. 26:3-3 et seq., Local Board of Health; N.J.S.A. 2B:12-1 et seq., Municipal Courts; N.J.S.A. 40:55D-69 et seq., Zoning Board of Adjustment; N.J.S.A. 40:55D-23 et seq,, Planning Board; N.J.S.A. 40:64-1 et seq., Shade Tree Commission; and N.J.S.A. 44:8-115 et seq., Local Assistance Boards. In addition, N.J.S.A. 40:69A-29(a) invests in the municipality the power to organize and regulate its internal affairs.
A.
Election; terms. Pursuant to the Charter, the elected
officials of the City shall be a Mayor and five Councilmen, all of
whom shall serve for terms of four years beginning on the first day
of July next following their election.
B.
Vacancies. Vacancies in any elective office shall
be filled by election for the remainder of the unexpired term at the
next general election occurring not less than 60 days after the occurrence
of the vacancy. An election to fill a vacancy shall be upon direct
nomination by petition in the manner provided by law for the filling
of vacancies in municipal offices where candidates are nominated by
direct petition for a general election. Council shall fill such vacancies
temporarily by appointment, to serve until the qualification of a
person so elected.
A.
The legislative power of the City shall be exercised
by the City Council, except as may be otherwise provided by general
law.
B.
The Council in addition to other powers and duties
conferred upon it by the Charter or by general law may:
(1)
Require any municipal officer to prepare and submit
sworn statements regarding his official duties and the performance
thereof and otherwise to investigate the conduct of any department,
office or agency of the municipal government.
(2)
Remove, by at least two-thirds vote of the whole number
of the Council, any municipal officer, other than the Mayor or a member
of the Council, for cause, upon notice and an opportunity to be heard.
[Amended 10-27-1998 by Ord. No. 36-98]
A.
Duties of Mayor. The executive power of the City shall
be exercised by the Mayor. The Mayor shall enforce the Charter and
ordinances of the City and all general laws applicable thereto. He
shall annually report to the Council and the public on the work of
the previous year and on the condition and requirements of the City
Council and shall from time to time make such recommendations for
action by the Council as he may deem in the public interest. He shall
supervise all the departments of the City and shall require each department
to make an annual and such other reports of its work as he may deem
desirable. Except as otherwise provided by the Charter or this chapter,
contracts, deeds and leases by the terms of which the City is a party
shall be negotiated, executed, delivered and accepted by the Mayor
on the approval of the Council.
[Amended 10-27-1998 by Ord. No. 36-98]
B.
Chief Administrative Officer.
(1)
Within the Office of the Mayor there shall be a Chief
Administrative Officer, and until such time as shall be otherwise
provided by ordinance, the Business Administrator shall serve as Chief
Administrative Officer without additional compensation. Under the
direction and supervision of the Mayor, the Chief Administrative Officer
shall:
(a)
Assist the Mayor in the preparation of the City budget
and otherwise as the Mayor may require.
(b)
Supervise the administration of each of the departments
of the City government.
(c)
Prescribe and install uniform forms and procedures
for budget preparation by all departments.
(d)
Prepare a job classification and pay plan and other
uniform personnel policies for the departments in the City government.
(e)
Install and maintain a complete system of personnel
records for all officers and employees of the City government.
(f)
Prescribe and enforce rules and regulations for the
efficient management of the City government not inconsistent with
the Charter and codes.
(g)
Coordinate the operation and administration of the
various departments, divisions, offices and agencies of the City government.
(h)
Maintain a continuing review and analysis of budget
operations, work programs and costs of City services.
(i)
Perform such other duties as the code may require
or as the Council may otherwise prescribe.
(2)
Except as otherwise provided by the Charter or this
chapter, real and personal property owned, leased or held by the City
shall be managed, controlled and disposed of pursuant to law by the
Business Administrator.
(3)
Casualty insurance and surety bonds required for City
purposes shall be by the Business Administrator upon the approval
of Council and within the limits of available appropriations, and
the bonds and policies of insurance shall be lodged with the City
Clerk for safekeeping. All insurance agreements, whether group or
personal, are to be deposited with the City Clerk's office, if public
tax paid dollars have been expended thereon. All insurance agreements,
whether group or personal, are to be deposited with the City Clerk's
office, if public tax paid dollars have been expended thereon.
[Amended 12-26-1973 by Ord. No. 718]
A.
Appointment. A City Clerk shall be appointed by the
Council, pursuant to the Charter, for a term of four years beginning
on the 1st day of July, 1966, and every four years thereafter, provided
that any appointment to fill a vacancy shall be for the unexpired
term only, and provided further that such appointment shall be subject
to state statute providing tenure for municipal clerks. Prior to his
appointment, the City Clerk shall be qualified by training or experience,
or a combination thereof, for the duties of his office.
B.
The City Clerk shall have the following functions,
powers and duties:
(1)
He shall serve as Clerk of the Council, keep its minutes
and records of its proceedings and maintain and compile its ordinances
and resolutions as required by the Charter.
(2)
Provide secretarial and clerical services for the
Councilmen in the discharge of their official duties.
(3)
Have custody of the City's seal and affix it to such
books, papers and documents as may be authorized pursuant to law.
(4)
Have and take custody of all official books, papers
and documents of the City, for which no other depository is provided
by charter or ordinance, and preserve and keep them safely.
(5)
Perform such functions as are vested in the Clerk
by the licensing provisions of state law or ordinance.
(6)
Have such other, different and additional powers,
functions and duties as may be prescribed by law or ordinance.
C.
Searches, permits.
[Amended 10-27-1998 by Ord. No. 36-98]
(1)
The City Clerk shall issue certificates as to approval
of subdivisions of land as authorized by law when a land subdivision
has been approved in accordance with the subdivision ordinance of
the City, N.J.S.A. 40:55D-56. Prior to the issuance of such certificate,
he shall secure from the Secretary of the Planning Board his countersignature,
which shall indicate that, according to the records of the Board and
his knowledge, information and belief, the certificate is correct.
(2)
The City Clerk shall administer the license and permit
provisions of all regulatory ordinances not expressly assigned by
this code to any department and not required by statute or ordinance
to be administered by another City officer.
D.
Deputy City Clerk. The Clerk shall appoint a Deputy
Clerk, who shall perform the functions, powers and duties of a Clerk
in the absence or upon the direction of the latter and who shall perform
such other functions, powers and duties as may be directed by the
Council.
[Added 2-14-1989 by Ord. No. 92-89]
A.
Appointment.
(1)
Pursuant to N.J.S.A. 54:1-35.30, no person shall on
or after July 1, 1971, be appointed or reappointed as an Assessor
unless he shall hold a tax assessor certificate. This shall not apply,
however, to an Assessor who has served continuously in office from
July 1, 1967, to the date of reappointment.
(2)
Any person reappointed as Assessor subsequent to receiving
a tax assessor's certificate, and having served the duties of Tax
Assessor for not less than four consecutive years, shall hold immediately
prior to such reappointment; or who, on or before June 30, 1969, has
received a tax assessor's certificate while actually in office as
an Assessor or performing the duty of an Assessor, and who, on or
before June 30, 1969, has served as Assessor or performed the duties
of Assessor for not less than four consecutive years shall hold his
position during good behavior and efficiency notwithstanding that
such reappointment or re-election was for a fixed term of years, and
he shall not be removed therefrom for political reasons but only for
good cause shown and after a proper hearing after due notice.
B.
Duties. The City Tax Assessor shall perform and discharge
all the functions, powers and duties prescribed for assessors by general
law and rules and regulations adopted by the County Tax Board, State
Division of Taxation and the New Jersey Tax Court.
A.
Appointment. Department heads shall be appointed and
removed as provided by the Charter. Whenever there is a vacancy in
the office of a department head, the Mayor may designate the Chief
Administrative Officer or the head of any other department to serve
as acting department head for as long as such vacancy shall remain
unfilled.
B.
Powers and duties. Under the supervision and direction
of the Mayor, and subject to the Charter and code, each department
head shall:
(1)
Subject to the provisions of the Revised Statutes,
Title 11, Civil Service,[1] appoint subordinate officers and employees within the
respective departments and may, with the approval of the Mayor, remove
such officers and employees.
[1]
Editor's Note: L. 1986, c. 112 enacted the
new Title 11A, Civil Service, and repealed former Title 11, Civil
Service.
(2)
Prescribe the internal organization of the department.
(3)
Assign functions, powers and duties to subordinate
officers and employees within the department and modify such assignments
as need appears.
(4)
Direct and supervise the work of the department and
its employees through the divisions established by the code and such
other organizational units as the head of the department may find
necessary or desirable.
(5)
Delegate to division heads such of his powers as he
may deem necessary for efficient administration.
(6)
Report at least annually to the Mayor and Council
in such form as shall be approved by the Business Administrator on
the work of the department during the preceding year.
A.
Department generally. There shall be a Department
of Law, the head of which shall be the City Attorney.
B.
City Attorney; general duties. The City Attorney shall
represent the City in all legal matters and shall advise and assist
the Mayor, the Council and the other departments as required. He shall
attend meetings of the Council, draft ordinances and resolutions and
give opinions and rulings on questions of law which may arise at Council
meetings. He shall prepare or approve all legal instruments relating
to the business of the City. He shall represent the City in any litigation
and conduct trials, appeals and other proceedings affecting the interests
of the City as he may in his discretion determine to be necessary
or desirable or as directed by the Mayor or Council.
C.
City Attorney; additional duties. The City Attorney
shall also:
(1)
Maintain records of all actions, suits, proceedings
and matters which relate to the City's interest and report thereon
from time to time as the Mayor or Council may require.
(2)
Have power to enter into any agreement, compromise
or settlement of any litigation in which the City is involved, subject
to the approval of the Council.
(3)
Upon the termination of his service with the City,
forthwith surrender to his successor all City property, papers and
records, including all correspondence, together with a written consent
to substitution of his successor in any pending actions or proceedings.
D.
City Attorney; Special Council. Whenever he deems
the interests of the City so require, the City Attorney may recommend
to the Mayor and Council the appointment of Special Counsel to assist
him in the preparation, trial or argument of any issue or in such
other capacity as he may determine.
E.
Assistant City Attorney. Within the Department of
Law there shall be an Assistant City Attorney, who shall serve as
City Prosecutor. He shall serve for a term of one year.
(1)
As City Prosecutor, he shall assist the Court Clerk
to prepare complaints, arrange for and prepare cases for trial in
advance of the trial date and, wherever possible, make a thorough
pretrial investigation of defendants who may be found guilty and eventually
sentenced. He shall serve as counsel to the Local Assistance Board
and shall attend upon the Municipal Court and prosecute on behalf
of the City:
(a)
All indictable offenses, for presentation at arraignment
or preliminary hearing, and aid the County Prosecutor where the County
Prosecutor assumes to act at arraignment or preliminary hearing.
(b)
All bastardy proceedings, poor act (welfare) prosecutions
for nonsupport and all nonsupport matters of indigents, deserted wives
and children.
(c)
All drunken driving, reckless driving and careless
driving cases where initiated by police; leaving the scene of an accident;
driving while on revoked list.
(d)
All narcotics matters, including disorderly persons
charges involving legend drugs.
(e)
All disorderly persons charges involving public places
and streets.
(f)
All shoplifting cases, bad checks and commercial frauds
practiced upon local commercial enterprises.
(g)
All assaults and batteries involving knives, instruments,
weapons of any and all kinds, whether on private or public property,
and all assaults and batteries or common fights in public places,
on public streets or public property.
(h)
All violations of City ordinances.
(i)
In the event of the temporary absence, disability
or disqualification of the City Attorney, the Assistant City Attorney
may act in his place until the absence, disability or disqualification
is terminated.
F.
City Public Defender. Within the Department of Law
there shall be a City Public Defender. He shall serve for a term of
one year. He shall be an attorney at law of the State of New Jersey
and shall serve as Public Defender in all cases as may be required;
provided, however, that such Public Defender shall be available at
the call of the Municipal Judge, who shall assign the Public Defender
for a specific case where the interest of justice so requires.
[Added 12-12-1989 by Ord. No. 150-89]
A.
Department generally. There shall be a Department
of Administration, the head of which shall be the Business Administrator.
Prior to his appointment, the Business Administrator shall be qualified
as required by the Charter and in particular shall have had at least
three years of responsible experience in public administration.
[Amended 3-8-1977 by Ord. No. 865]
B.
Duties of Department; budget and personnel. The Department
shall assist the Mayor in the preparation of the budget, shall assist
the Council in the analysis and consideration of the budget and shall
administer and control the budget after it is adopted subject to the
code and the requirements of statutory law. The Department shall also
administer the city's personnel system and oversee the function of
the Division of Community and Economic Development.
[Amended 5-24-2005 by Ord. No. 14-05]
C.
The Department should also engage in such other responsibilities
as may be delegated by the City Council pursuant to resolution and
ordinance.
[Added 10-27-1998 by Ord. No. 36-98]
A.
There shall be a Department of Finance, the head of
which shall be the Director of Finance, who shall also act as the
City's Chief Financial Officer. Within the Department there shall
be divisions of accounting and control, revenues and purchasing. Except
as otherwise required by law, the Director shall allocate and assign
the functions, powers and duties among and within such division.
[Amended 2-14-1989 by Ord. No. 92-89; 10-27-1998 by Ord. No.
36-98]
B.
Division of Accounting and Control. Within the Department of Finance there shall be a Division of Accounting and Control, the head of which shall be the City Comptroller, and who, under the direction, delegation, control and supervision of the Director of Finance, who is the Chief Financial Officer of the City of Long Branch, shall perform the following duties as outlined in Subsection B(1) and (2) below if so delegated by the Director of Finance.
[Amended 10-13-1981 by Ord. No. 1037]
(1)
Maintain the City's central bookkeeping and accounting
records, preaudit and control all claims and demands against the City
and maintain an encumbrance system of budgetary control, and do related
work as required.
(2)
Keep and maintain books and records of all financial
transactions of the City in accordance with the standards and all
requirements of the Division of Local Finance in the Department of
Community Affairs of the State of New Jersey; have custody of all
public moneys of the City, make monthly reports to the Director of
Finance of all receipts, expenditures, commitments and unexpended
appropriations and have custody of all investments and invested funds
of the City or in possession of the City in a fiduciary capacity except
as otherwise provided by law; and have the safekeeping of all bonds
and notes of the City. He does related work as required.
(3)
All moneys, including moneys collected by taxation,
received from any source by or on behalf of the City or any board
or department thereof shall, within 48 hours after the receipt thereof,
either be paid to the Comptroller of the City, who shall deposit all
funds within 48 hours after the receipt thereof to the credit of the
City in its designated legal depository, or shall be deposited to
the credit of the City in its designated legal depository. All rents
respecting City-owned property shall be paid directly to the comptroller.
He does related work as required.[1]
[1]
Editor's Note: Former reserved Subsection
2-8A.2 was deleted 2-14-1989 by Ord. No. 92-89.
C.
Division of Revenues. Within the Department of Finance
there shall be a Division of Revenues. The head of the Division shall
be the Tax Collector, who shall be appointed pursuant to law.
[Amended 10-13-1981 by Ord. No. 1037]
(1)
The City Tax Collector shall have, perform and exercise
all the functions, powers and duties as are provided by state statute
and municipal ordinance relating to City property taxes.
[Amended 10-27-1998 by Ord. No. 36-98]
(2)
The Tax Collector shall receive and collect all moneys
assessed or raised by taxation or assessment for any purpose.
[Amended 10-27-1998 by Ord. No. 36-98]
(3)
The Tax Collector shall keep proper records and report
to the Director of the Department at least monthly all receipts and
deposits made by him and shall in such report account for all moneys
for which he is responsible. He shall keep a current record of all
tax title liens, advising the Director promptly as liens become subject
to foreclosure under the law. He shall enforce the payment of delinquent
taxes by the means provided by law as soon as the same become delinquent.
He shall also serve as Municipal Tax Search Officer and Collector
of Easement.
D.
Division of Purchasing.
(1)
Within the Department there shall be a Division of
Purchasing, the head of which shall be the City Purchasing Agent.
The Purchasing Agent shall purchase all materials, supplies and equipment
and work and labor under contract required by any department, office
or agency of the City, subject to the requirements of the Charter
and code.
[Amended 10-27-1998 by Ord. No. 36-98]
(2)
Purchases shall be authorized only upon requisition
of a department head, which shall be made to the Purchasing Agent
at such times and in such form as he may prescribe or approve. Except
as the Business Administrator may specifically authorize in case of
emergency, no purchase shall be made and no bill, claim or voucher
shall be approved unless the procedures prescribed by or pursuant
to the Administrative Code have been followed. Where the law requires
that purchases be made after public bidding, such purchases shall
be subject to the approval of the City Council. The Purchasing Agent
shall control any general store rooms or stock rooms. He may make
transfers of supplies, materials and equipment among departments,
offices and agencies; sell surplus, obsolete, unused or waste supplies,
material and equipment; and may make any other sales authorized pursuant
to law.
[Amended 10-27-1998 by Ord. No. 36-98]
(3)
The Purchasing Agent shall establish and enforce suitable
specifications and standards for all supplies, material and equipment
to be purchased for the City; shall inspect deliveries to determine
their quality, quantity and compliance with these specifications and
standards; and shall accept or reject the deliveries in accordance
with the results of his inspection.
(4)
The City Council of the City of Long Branch hereby
authorizes the participation by the City in any Monmouth County Cooperative
Pricing Purchasing Program which is established prior to or after
the adoption of this chapter.
[Amended 5-27-1975 by Ord. No. 781]
(a)
The participation by the City in the program referred to in Subsection D(4) of this section will be governed by the provisions of New Jersey law.
(b)
All orders from the City of Long Branch would be sent
to the vendor directly indicating the county contract number.
(c)
Invoices would be sent to the local body, with the
county assuming no obligation for payment of bills.
(d)
It would be the responsibility of the local political
body to make sure the vendor has complied with all conditions of delivery
and quality established in the specifications.
(5)
Contracts.
(a)
Pursuant to the provisions of N.J.S.A. 40:23-6.26
to 40:23-6.29, as amended, and 40A:11-11, the City of Long Branch
is hereby authorized to enter into contracts with the County of Monmouth
for the joint use by the City of Long Branch and other municipalities
in the County of Monmouth of administrative services and facilities
of the Office of Purchasing Agent of the County of Monmouth appropriate
to the procurement of certain materials, supplies and equipment which
may be determined to be required from time to time by the City and
which the City may otherwise lawfully purchase for itself. The services
and facilities of said Office of County Purchasing Agent shall be
provided without cost to the City.
(b)
The proper municipal officials of the City are hereby
authorized and empowered to execute, on behalf of the City, such contracts
with the County of Monmouth as may be authorized and approved by resolution
of the Mayor and Council of the City.
E.
Prepayment of bills. The Finance Director shall be
authorized to prepay any of the following municipal obligations prior
to the City Council voting on the bill list upon which such obligation
shall be listed:
[Added 4-11-1989 by Ord. No. 101-89]
(1)
Payments under contractual agreements previously approved
by and authorized by the City Council.
[Amended 10-27-1998 by Ord. No. 36-98]
(2)
Payments required by specific statute.
(3)
Payment of utility bills.
(4)
Payment of any other item deemed necessary by the
Director of Finance that does not exceed $2,500 per item and has been
reviewed and authorized for payment by the City Council.
[Amended 10-27-1998 by Ord. No. 36-98]
(5)
Debt service items.
[Added 10-27-1998 by Ord. No. 36-98]
A.
Department generally. There shall be a Department
of Building and Development, the head of which shall be the Department
Head/Director. Prior to his appointment, the Department Head/Director
shall be qualified by at least three years' experience in a responsible
capacity in urban renewal work or equivalent experience.
[Amended 11-12-1991 by Ord. No. 38-91; 8-8-2000 by Ord. No. 31-00]
B.
Divisions. Within the Department there shall be a
Division of Planning and Division of Construction/Inspections. Except
as otherwise provided by the Code or required by law, the Department
Head/Director shall allocate and assign functions, powers and duties
of the Department among and within these Divisions.
[Amended 8-8-2000 by Ord. No. 31-00; 5-24-2005 by Ord. No.
14-05]
C.
Department powers and duties generally. The Department,
subject to the Charter and ordinances, shall:
(1)
Advise and assist the Mayor and Council in regard
to planning and public improvement aspects of all matters related
to the development of the City.
(2)
Study the operation and effect of land use controls
and their administration within the City and report thereon to the
Mayor and Council.
(3)
Administer and execute urban renewal and redevelopment
plans and programs authorized pursuant to law.
(4)
Acquire, clear and dispose of project lands in accordance
with the terms of authorized urban renewal projects.
(5)
Prepare, review, revise and modify plans and programs
as defined by N.J.S.A. 40A:12A-1 et seq. for utilizing appropriate
private and public resources to eliminate and prevent the development
or spread of blight and deterioration, to encourage needed conservation
or rehabilitation, to provide for the redevelopment of blighted, deteriorated
or deteriorating areas and to undertake such of these activities or
other feasible activities as may be suitably employed to achieve the
objectives of such a program, provided that the workable program may
be adopted, revised or modified only with the approval of the Mayor.
[Amended 10-27-1998 by Ord. No. 36-98]
(6)
Plan, execute and administer urban renewal or redevelopment
programs authorized and approved pursuant to agreement with the federal
or state government, provided that no project shall be undertaken
except upon the approval of the Council. Nothing in this section shall
be construed to authorize any expenditure except pursuant to an appropriation
made by the Council.
(7)
Appoint or contract with technical and professional
advisers and assistants as may be required and approved for any federally
or state aided planning, renewal, development or redevelopment project,
provided that nothing herein shall be construed to authorize the making
of any contract without the approval of Council where such approval
is required by law.
(8)
Constitute and appoint advisory committees, neighborhood
councils and other forms of citizen participation in urban rehabilitation
and redevelopment.
D.
Staff to the Planning Board. The Department shall
provide within the limits of available appropriations such staff services
as the Planning Board may require, including a secretary and professional,
technical and office services.
E.
Local public agency for federal purposes. The City
shall be the local public agency for the purposes of any federal law
referring to such an agency, and the Council, Mayor and various departments
shall have, exercise and discharge their functions, respectively,
as they may be applicable to urban renewal and redevelopment.
F.
Relocation Officer. Within the Division of Community
and Economic Development there shall be a Relocation Officer who shall
provide relocation assistance and services to any person or business
displaced as a result of the execution of an urban renewal project,
and the carrying out of such duties and powers as provided by the
state statute regarding relocations.
[Amended 10-27-1998 by Ord. No. 36-98; 8-8-2000 by Ord. No. 31-00 ]
G.
Zoning Officer. The Construction Code Official, Director
Head/Director of the Building and Development Department and/or Administrative
Director of City Planning may also serve as Zoning Officer under the
zoning ordinance of the City.
[Amended 11-12-1991 by Ord. No. 38-91; 8-8-2000 by Ord. No. 31-00]
A.
Department generally; Director of Public Works. There
shall be a Department of Public Works, the head of which shall be
the Director of Public Works. He shall be qualified in the planning
and execution of public works and improvements and in responsible
management of technical personnel. The Director shall be responsible
for the proper and efficient conduct of all public works functions
of the City government, shall supervise and direct the work of the
Department and shall provide technical and engineering assistance
to all other departments as needed. He shall have the power, with
the approval of the Mayor and within the limits of available appropriations,
to engage such specialized and consulting engineers for specific projects
and purposes as he may deem necessary for the proper administration
of the functions of the Department. He shall maintain liaison with
state and federal officers and agencies concerned with matters of
conservation of natural resources and, subject to the direction of
the Mayor, shall be responsible for the execution and enforcement
of all laws relating to the conservation of the natural resources
of the City.
B.
Bureau of Street Construction and Maintenance. Within
the Department of Public Works there shall be a Bureau of Street Construction
and Maintenance, the head of which shall be the Superintendent of
Street Construction and Maintenance. Subject to the direction and
supervision of the Director, he shall be responsible for:
(1)
The construction, repair and maintenance of all public
buildings, streets, storm sewers and drains, parking facilities and
lots, storage facilities and incinerators.
(2)
Control and supervision of the use, storage, repair
and maintenance of all City equipment used by the Department.
(3)
Planning, administration and control of snow removal
on public streets and roads as need appears and within the limits
of available appropriations.
(4)
Performances of such other functions and duties as
may be required by ordinance or by the Director.
C.
City Engineer.
[Amended 5-8-1979 by Ord. No. 945]
(1)
Within the Department of Public Works there shall
be a City Engineer. He shall serve for a term of three years. He shall
be a duly licensed professional engineer of the State of New Jersey
and shall receive such compensation and reasonable fees as may be
agreed upon and determined by the Mayor, within the limits of available
appropriations. The City Engineer shall have, possess and exercise
all the powers, functions and duties prescribed by general law and
ordinance with respect to a Municipal Engineer.
(2)
The City Engineer shall furnish and file with the
Department of Public Works copies of all maps, plans, surveys and
other engineering data and documents hereafter prepared at public
expense.
D.
Bureau of Solid Waste Handling. Within the Department
of Public Works there shall be a Bureau of Solid Waste Handling, the
head of which shall be the Supervisor of Solid Waste Handling. Subject
to the direction and supervision of the Director, he shall be responsible
for:
(1)
Planning, administration and control of municipal
collection, recycling and disposal of garbage, waste, refuse, ashes,
trimmings, clippings, trash and all other items designated by the
Director, subject to the rules and regulations established by the
Director.
[Amended 2-24-1983 by Ord. No. 1091]
(2)
Control and supervision of the use, storage, repair
and maintenance of all municipal equipment used by the Bureau.
(3)
Control and supervision of municipal employees assigned
to the Bureau.
(4)
Maintenance of records pertaining to the operation
of the Bureau and of records pertaining to municipal employees assigned
to the Bureau.
(5)
Performance of such other functions and duties as
may be required by ordinance or by the Director.
E.
Bureau of Parks and Public Property. Within the Department
of Public Works there shall be a Bureau of Parks and Public Property
which shall be responsible for the maintenance and horticultural services
for all City- owned or operated community centers, parks, playfields,
playgrounds, public buildings and public property. This shall also
include custodial services for City Hall, City Hall Annex and the
municipal garage and jail, together with such other functions and
duties that may be required by this section.
[Added 2-24-1983 by Ord. No. 1091]
[Amended 9-10-1991 by Ord. No. 35-91; 4-28-2021 by Ord. No. 8-21]
A.
Department generally; Director of Public Safety. There
shall be a Department of Public Safety, the head of which shall be
the Director of Public Safety. If there is no appointed Director of
Public Safety, the City Business Administrator shall serve as Director
of Public Safety without additional compensation. The Director shall
be deemed the "appropriate authority" in accordance with the terms
of N.J.S.A. 14- 118, and shall be responsible for the proper and efficient
conduct of the City Police Department and City Fire Department. He
shall supervise and direct the work of the Department and shall provide
such technical and other assistance necessary to all other departments
for their proper functioning. Subject to the supervision and direction
of the Mayor, he shall administer the work of the Department through
such divisions and bureaus as are authorized by the Code or other
ordinance.
B.
Divisions. Within the Department of Public Safety there shall be a Division of Police, governed and administered in accordance with the provisions of Chapter 78, Police Department, of this Code, and the Division of Fire, governed and administered in accordance with the provisions of Chapter 45, Fire Department, of this Code.
C.
Subject
to the direction and supervision of the Mayor, the Director of Public
Safety shall be responsible for the proper and efficient conduct of
the Department and the supervision of its activities. The Director
of Public Safety shall be the Executive Officer of the Divisions of
Police and Fire and, subject to the supervision of the Mayor, shall
be directly responsible for the efficient and routine day-to-day operations
of the Divisions of Police and Fire. The Public Safety Director shall
be charged with the duties of supervising the Division of Police and
Fire in all areas and aspects as shall impact upon policy and the
good order and discipline of the Department and shall adopt rules
and regulations for the Divisions of Police and Fire and establish
policies for the daily operation of the Divisions of Police and Fire
and the discipline of its members. Any reference to the "Chief of
Police" in this Code shall be deemed to mean the Director of Public
Safety. These duties shall be consistent with the authority permitted
to be vested in the Public Safety Director pursuant to N.J.S.A. 40A:14-118
and shall include, but not be limited to:
(1)
Administer
and enforce the rules and regulations of the Police Department and
any special emergency directive for the disposition and discipline
of the Department and its members and officers;
(2)
Have,
exercise and discharge the functions, powers and duties of the Police
Department;
(3)
Prescribe
the duties and assignments of all members and officers;
(4)
Assign
an Officer in Charge ( OIC) and delegate such authority as may be
deemed necessary for the efficient operation of the Police Department
to be exercised under the officer in charge's direction and control;
and
(5)
Report
at least monthly to the Mayor in such form and at such times as shall
be prescribed by the Mayor regarding the operation of the Police Department
during the preceding month and make such other reports as may be requested
by the Mayor.
(6)
The
Director of Public Safety is a civilian position and not a law enforcement
position. The Director shall not have the authority provided a law
enforcement officer under state law.
A.
Department generally. There shall be a Department
of Health, the head of which shall be the City Health Officer. Subject
to the supervision and direction of the Mayor, the Director shall
supervise and direct the work of the Department and administer such
work through such bureaus as are provided by ordinance. In the event
of a vacancy in the office or in the absence or disability of the
City Health Officer, the Ranking Inspector shall act temporarily as
City Health Officer until the vacancy is filled or the absence or
disability terminates.
[Amended 10-27-1998 by Ord. No. 36-98]
B.
Powers and duties. The legislative functions, powers
and duties of a Municipal Board of Health under Title 26 of the Revised
Statutes shall be vested in and exercised by the City Council, and
the powers of administrative direction and supervision and of appointment
and removal of the City Health Officer and subordinate officers and
employees within the Bureau shall be exercised by the Mayor as required
by the Charter.
C.
Advisory Health Board. Within the Bureau of Health
there may be an Advisory Health Board. The Board shall consist of
such number of members as the City Council shall authorize and appoint
by resolution. The members of the Advisory Health Board shall serve
without compensation. The City Physician shall be a member ex officio
of the Board during his term of office. The Board shall consult with
the City Health Officer on matters of public health and shall also
study the health needs of the City and make reports and recommendations
to the City Council for local legislative action.[1]
D.
City Physician. There shall be a City Physician who
shall be appointed by the Mayor and receive such compensation as provided
by ordinance. He shall assist the Bureau of Health in an advisory
capacity on public health and medical plans and problems and shall
further possess and exercise all of the powers, function and duties
prescribed by general law and ordinance and as may be prescribed by
the Mayor.
E.
Bureau of Welfare; Local Assistance Board.
[Amended 4-12-1977 by Ord. No. 868]
(1)
The Local Assistance Board shall be composed of five
persons. At least one of the five persons shall be a woman. The members
shall be appointed by the Mayor upon the approval of the governing
body and shall serve without compensation, but shall be allowed their
necessary and actual expenses.
(2)
The term of one member of the Local Assistance Board
shall be for one year, and such member only may be appointed from
among the membership of the governing body of the municipality, and
the terms of the other members shall be for four years each, one term
expiring in each year. The term of each member of the Local Assistance
Board shall begin on the first day of January, and each member shall
continue in office until his successor shall be appointed and qualified.
F.
Dog licenses. The administration of dog licenses shall
be handled in accordance with N.J.S.A. 4:19-15.2 by the City Health
Officer, and all regulations adopted before July 14, 1970, not inconsistent
with this subsection shall be administered by the Health Officer regardless
of the name of the City official referred to therein, in accordance
with N.J.S.A. 4:19-15.2 through 4:19-15.7, but not as to any other
statute and ordinance regulating dogs, dog kennels, pet shops and
the like.
G.
Health Officer.[2] The Health Officer of the City shall be qualified and
licensed in accordance with law. The Health Officer shall be the general
agent of the City for the enforcement of this chapter and any other
ordinances of the City relating to health, the sanitary law of the
state and rules and regulations of the State Department of Health.
H.
Other employees. There may also be employed in the
Health Department public health laboratory technicians, food and drug
inspectors, sanitarians and such other personnel as are deemed necessary,
all of whom shall hold the necessary licenses.
I.
Removal from office. Pursuant to N.J.S.A. 26:3-26,
no employee in the Bureau of Health holding a license issued in the
name of the State Department of Health, who has served continuously
in the Bureau for five consecutive years, shall be removed from office
or reduced in pay or position except for just cause after public hearing
as provided by law.
J.
Registrar of Vital Statistics. A local Registrar of
Vital Statistics shall be appointed for a term of three years pursuant
to N.J.S.A. 26:8-11 et seq. The Registrar shall forward original birth,
marriage and death certificates to the State Department of Health
and perform other duties as required by law and as assigned by the
Director of Health.
A.
Department generally.
[Amended 2-8-1992 by Ord. No. 78-92]
(1)
There shall be a Department of Recreation and Human
Services, the head of which shall be the Director of Recreation and
Human Services to serve full-time. Subject to the supervision and
direction of the Mayor, the Director shall supervise and direct the
work of the Department.
(2)
The Director of Recreation and Human Services shall
have the benefit of advice rendered to him/her by an Advisory Council
on recreation which shall consist of 13 members, 11 of which shall
be appointed by the City Council, one by the Mayor and one by the
Superintendent of Schools. The City Council's appointees shall be
one member from each of the following community groups/disciplines:
housing authority, business group, arts and crafts, senior citizens,
youth group, cultural, dance theater, police, Pop Warner and Little
League or other organized team sport. Each member shall be appointed
for four years. Any members missing three consecutive regularly scheduled
meetings of the Advisory Council may, in the discretion of the City
Council, upon recommendation of the Advisory Council on recreation,
be removed from the Council. Any person appointed to the Council may
be removed, at any time in the discretion of the City Council, upon
a determination that the person is not satisfactorily performing the
duties of the position to which he or she has been appointed. Prior
to removal of such person, he or she shall be given an opportunity
to address the City Council; however, this informal appearance before
the City Council shall not be considered an adversary hearing. No
right of written charges, cross examination or requirement of just
cause for removal shall be required.
(3)
The Department of Human Services also consists of
the Long Branch Drug Alliance which serves as a committee and advisory
board for alcohol and drug prevention, education and drug core treatment
programs.
[Added 10-27-1998 by Ord. No. 36-98]
B.
Functions of the Department.
[Amended 2-8-1992 by Ord. No. 78-92]
(1)
The functions of the Department shall relate to the
planning, operation and coordination of recreation and human services
programs, beaches, including lifeguard services, community centers,
cultural affairs, youth and adult activities, senior citizens activities,
fairs, special events, winter festivals and summer festivals, together
with such other functions and duties that may be required by ordinance.
(2)
The functions of the Department shall relate to the
planning, operation and coordination of human services, to include:
[Added 10-27-1998 by Ord. No. 36-98]
(a)
Monitoring and compliance with the Federal Department
of Transportation, CDL Drug Testing Program;
(b)
Monitoring and compliance with the Federal Drug-Free
Workplace Act;
(c)
Drug and alcohol assessment evaluation or referrals
for community residents;
(d)
Monitoring and compliance in the Long Branch Drug
Court Program;
(e)
Provide prevention/education drug and alcohol awareness
for community youth; and
(f)
Insurance compliance for such other functions and
duties that may be required by ordinance or law.
C.
Director of Recreation and Human Services. There shall
be a full-time Director of Recreation and Human Services who shall:
(1)
Administer the work of the Department with the assistance
of such policy guides as may be provided by the Advisory Council.
[Amended 2-8-1992 by Ord. No. 78-92]
(2)
Conduct studies of the present and future recreational
needs of the City and develop immediate and long-range plans, in consultation
with the Advisory Council for recommendation to the Mayor and Council.
(3)
Maintain records as may be required to control departmental
receipts, property and personnel to evaluate programs and to provide
information for budgeting, public reporting, planning and financing
of recreational programs.
(4)
Plan and develop public recreational areas and facilities
and promote and direct a year-round program of leisure activities
for children, youth and adults of the City; and stimulate the constructive
use of leisure time of residents of the City and work toward the reduction
of delinquency and the optimum coordination and development of public
and private recreational facilities within the City.
(5)
The Director shall make advisory recommendation as
to approval or disapproval of any request made to the Mayor and Council
for public funds, donations and contributions to any civic, charitable
or nonprofit group in the City for recreational activities, special
events, parades and similar activities. If the Mayor and Council grant
any such request for funds or donations, the Director shall be required
to obtain from each recipient an itemized accounting of the disbursements
and shall report such accounting to the Mayor and Council.
D.
Charges and fees. The Department may sponsor, arrange
and provide for the giving of indoor and outdoor exhibitions, concerts,
games and contests and may use and employ public property for such
purposes. The Department may charge and collect for the use of the
City a reasonable admission fee for each person entering or using
facilities, exhibitions, concerts, games or contests provided under
this section, except that the Department may not use or employ public
playgrounds or recreation places with an admission charge or fee for
more than eight hours in any week, nor on more than two days in any
week, and when such playground or recreation place is for such purpose,
no admission fee shall be charged or collected from children under
12 years of age.
E.
Rules and regulations.
(1)
The Department shall control all playgrounds and recreation
places and may adopt suitable rules, regulations and bylaws for the
conduct of all persons while on or using such property. Any person
who shall violate any such rules, regulations or bylaws shall be adjudged
to be a disorderly person.
(2)
The custodians, supervisors and assistants appointed
by the Director shall, while on duty and for the purpose of preserving
order and the observance of the rules, regulations and bylaws of the
Department, have the power and authority of special police officers
of the City.
A.
Allocation generally. The administrative functions,
powers and duties of statutory boards, commissions and other agencies
of the City government shall be subject to the supervision of the
Mayor except as otherwise specifically required by the Charter, and
for this purpose such bodies are allocated and assigned to the Office
of the Mayor.
B.
Advisory councils. Advisory councils as heretofore
established and empowered pursuant to law or ordinance are continued,
and any of them may be altered or abolished pursuant to the Charter
and Administrative Code.
C.
Consumer Affairs Local Assistance Officer. There is
hereby established the position of Consumer Affairs Local Assistance
Officer in the City of Long Branch, such position to be nonsalaried
and to be filled by appointment by the Mayor with the advice and consent
of Council and to expire with the term of the Mayor. The function
of the Consumer Affairs Local Assistance Officer shall be to receive
complaints from consumers pursuant to the Consumer Affairs Laws of
the State of New Jersey and to process the same and coordinate the
investigation and action with respect to the same with the State Consumer
Affairs Agency of the State of New Jersey.
[Added 5-23-1972 by Ord. No. 638]
D.
Notwithstanding any section of this Code to the contrary, appointments
or reappointments to any advisory council, board or commission of
the City of Long Branch by the Mayor or City Council shall be limited
to bona fide residents of the City of Long Branch.
[Added 9-26-2018 by Ord.
No. 19-18]
A.
Inspection and fees.
(1)
Public records of the City shall be open for inspection
by members of the public as provided by N.J.S.A. 47:1A-1. Such inspection
shall be made only at reasonable times during business hours and without
interference to the conduct of the affairs of the office or other
place where such records are kept or maintained.
(2)
The following fees shall be charged for copies of
public records:
[Amended 1-26-1993 by Ord. No. 2-93; 8-26-1997 by Ord. No.
26-97]
(a)
Certified birth and death certificates: $15 each;
marriage and civil union certificates: $15; burial permit fee: fee
to be paid as established by the State of New Jersey.
[Amended 4-13-2004 by Ord. No. 7-04; 5-11-2004 by Ord. No.
14-04; 8-10-2004 by Ord. No. 30-04; 12-12-2006 by Ord. No. 39-06; 3-13-2007 by Ord. No. 5-07; 5-12-2009 by Ord. No. 7-09; 2-26-2020 by Ord. No. 10-20; 10-28-2020 by Ord. No. 22-20]
[1]
A certificate pursuant to registration under
N.J.S.A. 26:8A-1 et seq., known as the "Domestic Partnership Act":
license fee to be paid as established by the State of New Jersey;
certified copy: $15 each.
(b)
In the event that correction forms are required for
any of the foregoing documents, the following charges shall apply:
[Amended 12-12-2006 by Ord. No. 39-06; 5-12-2009 by Ord. No.
7-09; 2-22-2011 by Ord. No. 6-11]
[1]
Death certificate corrections: no charge for funeral directors only;
all others must pay a fee of $10 each.
[2]
Marriage, civil union, domestic partnership certificate corrections:
$10. No charge for officiants.
[3]
Birth certificate correction forms 34, 35, 56 and 60: nonrefundable
processing fee of $10.
[4]
There will be a two-dollar fee for an amendment of a recorded name
via legal name change or naturalization.
(c)
Permit to purchase pistol or revolver and firearms
purchaser identification cards: applicable NJ firearms fees.
[Amended 2-26-2020 by Ord. No. 10-20]
(e)
Certificate of judgment from the Municipal Court:
$4 each.
(f)
A certified copy of any paper filed with the Municipal
Court as a public record: $4 each, and $1 for each additional page
thereof.
(g)
For official searches for municipal liens (tax searches)
or for improvements authorized but not assessed: $2 each.
(h)
For a continuation of an official search for municipal
liens or for improvements authorized but not assessed within three
years from the date of the original search: $1.50 per year.
(i)
For a certificate as to approval of subdivisions:
$2 each.
(j)
For duplicate tax, water and sewer bills: $1 each.
(k)
All other documents where multiple copies are not
available: $0.25 per 10 pages or fraction thereof.
(m)
All other documents defined as public records pursuant
to N.J.S.A. § 47:1A-56:
[Amended 10-27-1998 by Ord. No. 36-98; 2-25-2003 by Ord. No.
5-03; 11-9-2010 by Ord. No. 16-10]
[1]
Each reproduced government record shall be charged to the requestor
of said application at $0.05 per page for letter-size pages and smaller
and $0.07 per page for legal-size pages and larger.
[2]
If the City's actual costs to reproduce paper copies exceed the rates
of $0.05 or $0.07, then the City may charge the actual cost of duplication.
[3]
The City of Long Branch shall provide electronic records (i.e., records
sent via e-mail or facsimile) free of charge.
[4]
The City of Long Branch shall charge the actual costs incurred to
provide records in any other medium (i.e., records on computer disc,
CD-ROM, DVD).
(n)
The requester shall pay the actual cost of labor or other overhead expenses associated with making a duplicate, if said actual cost can be demonstrated to exceed the rates stated in Subsection A(2)(m). The City shall provide the requested notice that rates will exceed those in Subsection A(2)(m) and the reasonable estimate of the costs for such duplication prior to the duplicate being made, so that the requester may have the opportunity to review and object to the charge prior to it being incurred.
[Added 2-25-2003 by Ord. No. 5-03]
[1]
Providing of records in forms other than paper
shall be charged as follows:
[a]
Computer discs: no less than $10 per hour, "hour"
being defined as any time expended between one second and 60 minutes,
for the compilation and copying of the information requested;
[b]
Via e-mail: no less than $10 per hour, "hour"
being defined as any time expended between one second and 60 minutes,
for the compilation and copying of the information requested;
[c]
The hourly rate is set by the Clerk or Department
of the City after examining the request and the form the information
is to be provided pursuant to the request. Such quote shall include,
if applicable, the outsourcing for labor and technology costs as they
will be incurred by the City in producing said request.
(o)
To the extent that a request is made for a record
in the medium other than paper, the City shall provide a copy of the
record in the medium requested, or, if the City does nor maintain
the record in medium requested, the record shall be converted to the
medium requested or a copy of the record shall be provided in some
other meaningful medium by the City. If the medium is not routinely
used by the City, not routinely developed or maintained by the City,
or requires a substantial amount of manipulation or programming of
information technology, the City may charge, in addition to the actual
costs of duplication, a special charge that shall be reasonable, which
is based on the costs for any extensive use of information technology,
or the labor cost of personnel providing the service that is actually
incurred by the City or attributable to the City for the programming,
clerical and supervisory assistance required, or both.
[Added 2-25-2003 by Ord. No. 5-03]
(p)
Reproduction of images.
[Added 2-25-2003 by Ord. No. 5-03]
[1]
Fees for reproduction of images shall be:
|
Size
(inches)
|
Cost per Page/Sheet
|
|---|---|
|
11 x 17
|
$1.30
|
|
18 x 24
|
$1.95
|
|
24 x 36
|
$3.00
|
|
30 x 42
|
$4.00
|
[2]
There shall be a charge of $0.10 to dismantle
and prepare maps for reproduction. There shall be an additional fee
of $0.10 per sheet for collating and assembling maps.
(q)
Under certain circumstances, to be determined by the
department head who has control of the records requested and such
a request is made to the department, the department head shall notify
the Business Administrator that a requestor has made a type of request
that will require, in the opinion of the department head, an individual
in that department to remain with the requestor. In that event, the
Business Administrator of the City of Long Branch is empowered to
advise the requestor the hourly rate paid to the employee assigned
by the department head to monitor the examination of the books and
records requested and shall set forth a requirement of a deposit of
three hours of the employee's hourly rate, to be paid in advance and
held by the Clerk of the City of Long Branch. In the event that the
examination takes less than three hours, the requestor shall be reimbursed
for any deposit; and, in the event it takes longer than three hours,
the requestor shall be required, prior to having copies of any documents
made, to pay the additional fees deemed necessary, or the department
head may terminate the inspection of the records until such additional
deposits are made by the requestor. Should the requestor object to
the fee, then the requestor shall be entitled to a hearing conducted
by the Business Administrator as soon as is practicable.
[Added 4-8-2003 by Ord. No. 11-03]
(3)
Where the document in question is more than 100 pages
in length, the Clerk may permit the person requesting copies to use
his own copying machine, provided that there is no risk of damage
or mutilation of the documents and it would not be incompatible with
the transaction of public business. Such determination shall be completely
within the discretion of the Clerk. The fee in such case shall be
$15 per day.
B.
Preservation of records. All the books, maps, papers,
accounts, statements, vouchers and other documents whatsoever acquired
or produced in any department shall be carefully and conveniently
filed, kept and preserved and shall remain the sole property of the
City and shall not at any time be removed from the offices of such
department except when required for use in official business and shall
then be returned to such office without delay. Each department head
shall be responsible for enforcing the requirements of this section
in his department. This section shall be subject to the provisions
of Destruction of Public Records Law (1953), N.J.S.A. 47:3-15 et seq.
C.
Procedure for Clerk to follow to provide responses
to requests specifically as they relate to minutes of meetings lawfully
closed to the public:
[Added 7-10-2007 by Ord. No. 26-07]
(1)
The City Clerk of the City of Long Branch or his or
her designee be and is hereby authorized to provide, pursuant to a
proper request under local and state law, a redacted copy of the minutes
of meetings lawfully closed to the public pursuant to N.J.S.A. 10:4-12b.;
and
(2)
The City Clerk of the City of Long Branch or his or
her designee be and is hereby authorized and required to provide,
pursuant to a proper request under local and state law, unredacted
minutes of meetings that are lawfully closed to the public pursuant
to N.J.S.A. 10:4-12b. as of the date and only when the reason for
maintaining confidentiality of the meeting and the minutes ceases
to exist, and at that time and only at that time shall the City Clerk
or his or her designee be authorized and required to provide said
documents in an unredacted form; and
(3)
As to any and all requests that are made to the City
of Long Branch pursuant to a proper open public records request, the
City Clerk of the City of Long Branch or his or her designee be and
is hereby authorized and required to produce a sworn statement setting
forth in detail the following information:
(a)
The search undertaken to satisfy the request;
(b)
The documents found that are responsive to the request;
(c)
The determination of whether the document or any part
thereof is confidential and the source of the confidential information;
(d)
A statement of the City’s document retention/destruction
policy and the last date on which documents that may have been responsive
to the request were destroyed.
(4)
The sworn statement identified above shall have appended
to it an index of all documents deemed by the City of Long Branch
to be confidential in whole or in part, with a description of the
documents deemed confidential.
[Added 9-23-1997 by Ord. No. 32-97;
amended 10-27-1998 by Ord. No.
36-98; 11-22-2016 by Ord. No. 28-16]
A.
The
City of Long Branch has, by virtue of ordinances adopted and published,
established a Redevelopment Zone.
B.
The
Redevelopment Zone is governed by design guidelines which have been
created by rule with the Department of Environmental Protection.
C.
By
virtue of said ordinances, the City of Long Branch has provided to
the City Clerk Design Guidelines books for the Redevelopment Zone.
Copies of each Design Guidelines book for the Redevelopment Zone may
be obtained from the City Clerk, subject to payment for copying costs
by cash, check or money order payable to the City of Long Branch.
D.
The
City of Long Branch also offers to the public copies of the Oceanfront
Master Plan, subject to payment for copying costs payable to the City
of Long Branch by cash, check or certified funds.
E.
Additionally,
copies of requests for qualifications and proposals and requests for
designation of developers are available from the City Clerk, subject
to payment for copying costs by cash, check or money order.
F.
All
of the above documents pertain to the Redevelopment Zone.
