[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Section PM-111.0, Means of appeal, is repealed.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.
(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:
(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.
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.
