[Adopted 1-26-1971 by Ord. No. 590 as Sec. 14-3 of the 1971 Code; amended in its entirety 10-27-1998 by Ord. No. 36-98]
[1]
Editor's Note: The title of this article was changed from "Adoption of 2015 International Property Maintenance Code" to "Adoption of 2021 International Property Maintenance Code" 4-12-2023 by Ord. No. 08-23.
[Amended 1-12-2016 by Ord. No. 16-15; 4-12-2023 by Ord. No. 08-23]
A. 
In accordance with the provisions of N.J.S.A. 40:49-5.1, the 2021 International Property Maintenance Code be in the same hereby is adopted by reference excluding [A]111.1 et seq., Means of appeal, is hereby adopted as a standard governing supplied utilities and facilities and other physical things and conditions essential to make buildings and dwellings, both residential and nonresidential, safe, sanitary and fit for human habitation, occupancy or use and governing the conditions of building and dwellings, both residential and nonresidential. A copy of the 2021 International Property Maintenance Code is attached to and made a part of this chapter without the text being included therein.
B. 
This article shall not apply to newly constructed buildings which have been constructed in accordance with the Uniform Construction Code, N.J.A.C. 5:23-1 et seq., as amended.
[Amended 1-12-2016 by Ord. No. 16-15; 4-12-2023 by Ord. No. 08-23]
Three copies of the 2021 International Property Maintenance Code have been placed on file in the office of the Clerk and will remain there for the use and examination of the public.
The BOCA Property Maintenance Code, 1996 Edition, is amended and revised in the following respects:
A. 
In Section PM-101.1, insert "City of Long Branch."
B. 
In Section PM-106.2, insert "$50" and "$1,000."
C. 
In Section PM-106.2, insert "180 days."
D. 
In Section PM-304.15, insert "May 1" and "October 1."
E. 
In Section PM-602.2.1, insert "October 1" and "May 1."
F. 
In Section PM-602.3, insert "October 1" and "May 1."
G. 
Section PM-111.0, Means of appeal, is repealed.
[Amended 4-12-2023 by Ord. No. 08-23]
The administrative and enforcing authority for the provisions of this chapter shall be the Inspectors and officers in the Bureau of Fire Prevention, Code Enforcement, Health Department, and Police Department.
[Amended 7-27-2004 by Ord. No. 27-04; 10-12-2004 by Ord. No. 39-04; 11-9-2011 by Ord. No. 37-11; 1-12-2016 by Ord. No. 16-15; 4-12-2023 by Ord. No. 08-23]
Nothwithstanding anything in the 2021 International Property Maintenance Code to the contrary, in addition to all other means of enforcing the 2021 International Property Maintenance Code, it shall also be enforced with the following provisions:
A. 
No owner shall occupy or let to an occupant or occupants or transfer title on any property, nor shall any person or persons lease or occupy any vacant dwelling unit or lodging unit or nonresidential property, unless a certificate of occupancy certifying that the dwelling, lodging unit or property complies with the provisions of the 2021 International Property Maintenance Code shall first be obtained from the Bureau of Fire Prevention. The certificate of occupancy so issued shall apply only to the tenant for which it is issued.
B. 
The administrative and enforcing authority shall cause to be prepared appropriate application forms for such a certificate of occupancy, which forms shall be available to applicants at the office of the administrative and enforcing authority.
C. 
The administrative and enforcing authority shall also cause to be prepared appropriate forms of such certificate of occupancy.
D. 
A charge of $60 for residential property and $60 for nonresidential property to cover the cost of initial inspection in connection with such application and first reinspection for leasehold units and for said inspection and reinspection for a resale fee. Any requests for a second or subsequent reinspection shall be accompanied by an additional fee of $60 for residential property and $60 for nonresidential property. All such fees shall be paid to the administrative and enforcing authority at the time the application is filed or request made and shall not be refundable.
E. 
Certificate of occupancy limitations; exceptions.
(1) 
Limitations on certificates of occupancy. All one-family dwellings, as defined herein in the City of Long Branch, shall be limited to two certificates of occupancy per year for the entire premises with no subletting, except upon bona fide sale to a third party. A new certificate of occupancy is required whenever a majority of the tenants residing in a one-family dwelling have changed.
(2) 
Exceptions.
(a) 
A permanent resident seeking to travel and rent his or her property on a seasonal basis.
(b) 
A bona fide family unit, a member of which owns the property and uses said property for seasonal occupancy, may apply for an exception to the two-certificate-of-occupancy-per-year maximum to rent the premises for the remainder of the year to a family as defined at § 345-3 of the Code of the City of Long Branch.
(c) 
If the owner of a one-family dwelling dies, his executor/executrix can rent out the premises temporarily to a family unit as described in the chapter until it can be sold or otherwise disposed of.
(d) 
Any one-family dwelling which is situated within a mixed-use neighborhood containing a variety of uses, such as commercial, industrial, apartment and multiple dwelling, which mixed-use predominates over the number of one-family dwellings in the neighborhood.
(e) 
Any other circumstances in which the Fire Official makes a determination on the particular factual scenario presented that issuance of an additional certificate of occupancy would not unduly frustrate the purposes of this chapter and would cause undue hardship to the applicant if not granted. The Fire Code Official shall render his decision in writing within five business days of the application for an exception under this section. Any decision under this provision by the Fire Code Official may be appealed to the City Business Administrator, or his designee, for a de novo review of the decision of the Fire Official. The Business Administrator, or his designee, shall conduct the de novo review and shall render a written decision within five business days of the receipt of the appeal.
F. 
In addition to the provisions set forth in the 2021 International Property Maintenance Code, the following enforcement mechanism for a violation of this regulation shall be enforced: Any space heater not conforming to the requirements of the 2021 International Property Maintenance Code, may be immediately confiscated by Municipal Inspectors, and such space heaters shall not be returned to the owners thereof until compliance with the aforesaid provisions is guaranteed.
G. 
An application form for a certificate of occupancy shall not be deemed complete by the Fire Code Official unless the applicant:
(1) 
Provides proof of payment of property taxes, assessments against property, municipal sewer charges, any other municipal charges or assessments pursuant to N.J.S.A. 40:52-1.2.
(2) 
Provides a notarized affidavit on a form to be furnished by the Fire Code Official in which the property owner acknowledges that he or she has:
(a) 
Retained a fully executed copy of any lease agreement executed by all adult persons who will be tenants of the dwelling unit; provided, however, that this provision shall not be construed to require the property owner to enter into a written lease agreement. If there is no written lease, the applicant must provide names and permanent addresses of all individuals who will be occupying the premises.
(b) 
[1] 
Give an accurate statement of the term of the lease;
[2] 
Obtained a true and correct copy of the driver's license or, if not available, alternative proof of identification for each adult tenant.
(c) 
Received acknowledgement from the tenants that any tenant under the age of 21 years is subject to a suspension or revocation of license for up to six months and a fine of $250 for the first offense and $350 for each subsequent conviction in Municipal Court for unlawful consumption or possession of alcoholic beverages.
(3) 
The property owner shall be required to maintain, in his possession and control, the documents and information described in Subsection G(2) above during all times that the tenants, or any of them, are in possession of the dwelling unit and for at least one year following the termination or expiration of the lease in connection herewith; provided, however, that the property owner shall not be required to produce these documents or information to any official or employee of the City of Long Branch, except pursuant to and in accordance with § 262-25G(4) of the Code of the City of Long Branch.
(4) 
At any time that an official or employee of the City of Long Branch, including without limitation an employee of the City's Fire Prevention Bureau, has reason to believe that any ownership, use or occupancy of a dwelling unit regulated by this section, or any of the residents thereof, may be in violation of any federal, state or municipal law, the City of Long Branch, or its officers, employees or agents, may require that the property owner provide the City with the documents and information he or she is required to maintain pursuant to Subsection G(2); provided, however, that rental amounts may be redacted. The property owner shall be required to provide this information to the City of Long Branch no later than the fifth business day following date the request was mailed by the City of Long Branch to the address provided by the landlord on his application.
H. 
Any person who is found to have submitted false information, documentation or identification in connection with an application for a certificate of occupancy, or has failed to provide information requested pursuant to Subsection G(2), shall pay a minimum fine of $250, plus court costs. Any person who submits a false affidavit or certification shall be subject to criminal prosecution in addition to the penalties contained herein. In addition to the foregoing, a certificate of occupancy that is issued on the basis of information or documentation that is knowingly false or fraudulent when made shall be subject to revocation pursuant to and in accordance with the provisions herein.
[Added 7-27-2004 by Ord. No. 27-04]
I. 
A Fire Code Official shall not inspect any dwelling unit for purposes of issuing any certificate of occupancy during a period that it is occupied by another tenant except upon a bona fide transfer of title. Any tenant renting a premises in the City in the R-1, R-2, R-3 or R-4 Residential Zoning Districts who occupies the premises prior to the obtaining of a certificate of occupancy shall be subject to immediate removal from the premises. Any costs associated with the removal and subsequent relocation of tenants that are incurred by the City of Long Branch shall be the responsibility of the landlord and/or tenant. Any such costs shall become a lien on the property pursuant to N.J.S.A. 70:18-2 et seq. and § 262-37 of the Code of the City of Long Branch.
[Added 7-27-2004 by Ord. No. 27-04]
The Fire Official or his duly designated designee may make rules and regulations which interpret or amplify any provision of this chapter or for the purpose of making the provisions of this chapter more effective. No regulation, however, shall be inconsistent with or alter or amend any provision of this chapter and no regulation shall impose any requirement which is in addition to or greater than the requirements that are expressly or by implication imposed by any provision of this chapter. Rules and regulations shall be subject to the same penalty as other violations of this chapter.
The Fire Official and the Director of the Department of Health or their agents or employees shall make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the City. For the purpose of making inspections, the aforementioned officials, agents or employees are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit. This section shall not be construed to prohibit the entry of the aforementioned officials, agents or employees at any time when an actual emergency exists which tends to create a danger to the public health or safety or at any time when an inspection is requested by an owner or occupant.
Upon presentation of proper identification, the Fire Official and the Director of the Department of Health or their agents or employees shall be given free access to the premises by the owner, occupant or person in charge of a dwelling, dwelling unit or rooming unit for the purpose of inspection or of making any repairs or alterations which are necessary to effect compliance with this chapter.
The Fire Official and Director of the Department of Health or their agents or employees may, upon affidavit, apply to the Judge of the Municipal Court of the City for a search warrant setting forth factually the actual conditions and circumstances that provide a reasonable basis for believing that a nuisance or violation of this chapter exists on the premises, or that an inspection is to be made pursuant to § 262-27, and if the Municipal Judge is satisfied as to the matter set forth in the affidavit, he shall authorize the issuance of a search warrant permitting access to and inspection of that part of the premises on which the nuisance or violation may exist.
[Amended 1-12-2016 by Ord. No. 16-15; 4-12-2023 by Ord. No. 08-23]
Whenever the Director of the Department of Buildings or the Director of the Department of Health or their agents or employees determines that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or of any rule or regulation adopted pursuant thereto or under the 2021 International Property Maintenance Code she or she may issue a summons returnable in the Long Branch Municipal Court for said violation or violations. In addition thereto, or as an alternative method of remedy, he or she may give notice of abatement of the alleged violation to the person or persons responsible therefore as hereinafter provided. The notice shall:
A. 
Be put in writing;
B. 
Include a statement of the reasons why it is being issued;
C. 
Allow a reasonable time for the performance of any act it requires; and
D. 
Be served upon the owner or his agent, or the occupant, as the case may require, provided that notice shall be deemed to be properly served upon such owner or agent, or upon such occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by certified mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with such notice by any other method authorized or required under the laws of this state. The notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
Complaints or orders issued by the Health Officer pursuant to this chapter shall be served upon persons either personally or by certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Health Officer in the exercise of reasonable diligence, and the Health Officer shall make an affidavit to that effect, then the serving of the complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper having circulation in the City. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the Monmouth County recording officer.
The Health Director and Fire Official are hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following, in addition to others herein granted:
A. 
To investigate the dwelling conditions in the City in order to determine which dwellings therein are unfit for human habitation.
B. 
To administer oaths, affirmations, examine witnesses and receive evidence.
C. 
To enter upon premises for the purpose of making examination, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
D. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purpose of this chapter.
E. 
To delegate any of his functions and powers under this chapter to such officers and agents as he may designate.
[Amended 1-12-2016 by Ord. No. 16-15; 4-12-2023 by Ord. No. 08-23]
No person shall occupy as owner or occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not conform to the provisions of the 2021 International Property Maintenance Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
Whenever a condition is found by officials of the City of Long Branch empowered to enforce this chapter to exist in an occupied dwelling that adversely affects and/or threatens the life, safety and/or health of the inhabitants, and following reasonable effort to contact the owner and/or other responsible party at the address and/or phone number listed and posted at the property for emergency response and/or on the most recent application for certificate of occupancy, the officials of the City of Long Branch may contract with approved vendors to perform emergency repairs to mitigate the condition. Such conditions might include, but not necessarily be limited to: inadequate heat, failure of the water supply system, inoperative waste water disposal system, failure of the fire alarm system, failure of the fire suppression system, failure of the means of emergency egress, failure of the electrical supply systems, failure of the exterior building finish to protect from the elements, presence of vermin or presence of wild animals. Reasonable effort to contact the owner shall be determined by the officials at the scene using their judgment as guided by their experience in light of the nature of the event.
A. 
Approved vendors.
(1) 
Approved vendors shall consist of individuals and/or business entities that have been approved annually by the City of Long Branch Finance Department to provide such services. The lot of approved vendors shall include, but not necessarily be limited to:
(a) 
Plumber.
(b) 
Electrician.
(c) 
Boiler repair company.
(d) 
Carpenter.
(e) 
Exterminator/live animal remover.
(f) 
Alarm service.
(g) 
General contractor.
(2) 
The list shall be generated in a manner that is consistent with routine municipal bid practices and provides the City of Long Branch with assurance of availability and responsible performance in areas of expertise. The list, whenever updated, shall be provided to all City officials powered to enforce this chapter.
B. 
Any expense incurred by the City of Long Branch in investigating any condition as noted above shall be cause for action in Municipal Court to gain restitution. Restitution shall consist of payment for repairs and/or services noted above and payment for any overtime after-hours wages paid City officials in the investigation of such conditions or monitoring such repairs, as well as an administrative penalty equal to the above for the inconvenience caused to the occupants and the City officials due to the absence and/or lack of availability of the owner or other responsible party. The aforementioned penalties are to be considered in addition to any other penalty provided in this chapter for violations of the code.
C. 
It is the intention of this section to encourage property owners to at all times be responsible for the maintenance of their properties, to have property owners establish and maintain systems for notification in times of emergency occurrences and, finally, to provide the City of Long Branch with a method to make necessary emergency repairs to protect health, life and safety in a manner that limits the use of relocation efforts and assures the City of restitution for any efforts put forth by the City on behalf of absent property owners.
Unless a different penalty is mandated by state law or regulations duly adopted thereunder, any violation of this chapter shall result in penalties as follows:
A. 
Any person, firm or corporation found guilty in the Municipal Court of the City of Long Branch of a violation of the terms of this chapter shall be punishable as provided in Chapter 1, General Provision, Article I.
B. 
Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation. In addition, each violation of this chapter shall be considered a separate offense upon each and every day in which a violation exists.
A. 
Pursuant to N.J.S.A. 40:18-2 et seq., any costs incurred by the City or any department or subagency thereof in the abatement of violations of this chapter of the Code of the City of Long Branch or in the maintenance of properties pursuant to such ordinances, including but not limited to property maintenance, property cleaning, yard upkeep, beautification, improvements to property and any other expenses incurred in maintaining structural integrity or safety, abatement of a public hazard or nuisance or the improvement of the general appearance of any such property shall become a lien on that property as of the time that such cost is incurred. Such lien shall include any costs incurred directly by the City or its subagencies or through any contractor or subcontractor or independent private entity which the City may employ to take such action on its behalf.
B. 
Such liens shall become a first lien on the land and paramount to all prior and subsequent alienation and descents of such lands or encumbrances thereon except subsequent municipal liens pursuant to N.J.S.A. 54:5-9 and other applicable law.
C. 
Any such lien created specifically from or last associated with removing brush, weeds, debris, etc., shall be a lien on such land and shall be added to and form a part of the taxes next to be assessed and levied upon such lands pursuant to N.J.S.A. 40:48-2.14.