[HISTORY: Adopted by the City Council of the City of Cape May as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Unfit buildings — See Ch. 173.
Rental property — See Ch. 401.
[Adopted by Ord. No. 559 (Sec. 10-2 of the 1997 Revised General Ordinances)]
[Amended by Ord. No. 667]
A. 
In accordance with the provisions of N.J.S.A. 40:49-5.1, the New Jersey State Housing Code (1980 Revision), as approved by the Department of Community Affairs and filed in the Secretary of State's Office, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation, or rental, occupancy or use and otherwise governing the condition of dwellings.
B. 
Three copies of the New Jersey State Housing Code have been placed on file in the office of the Clerk and will remain on file there for the use and examination of the public.
The administrative and enforcing authority for the provisions of this article shall be the Construction Official.
This article shall constitute the standards to guide the Construction Official in determining the fitness of any dwelling, dwelling unit, rooming unit or premises for human habitation, use or occupancy.
The Construction Official may make rules and regulations which interpret or amplify any provision of this article or for the purpose of making the provisions of this article more effective. No regulation, however, shall be inconsistent with or alter or amend any provision of this article, 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 article. Rules and regulations shall be subject to the same penalty as other violations of this article.
The Construction Official 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 Construction Official is authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at reasonable hours as the circumstances of the case permit. This section shall not be construed to prohibit the entry of the Construction Official at any time when an actual emergency exists which tends to create a danger to public health or safety, or at any time when an inspection is requested by an owner or occupant.
Upon presentation of proper identification, the owner, occupant or person in charge of a dwelling, dwelling unit or rooming unit shall give the Construction Official free access to the premises for the purpose of inspection or of making any repairs or alterations which are necessary to effect compliance with this article.
The Construction Official 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 article exists on the premises, 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. Search warrants may also be obtained in connection with a general program of inspection.
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provision of this article or of any rule or regulation adopted pursuant thereto, he shall give notice of the alleged violation to the person or persons responsible therefor as provided. The notice shall be put in writing; include a statement of the reasons why it is being issued; allow 30 days for the performance of any act it requires; 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 the owner or agent, or upon the occupant, if a copy is served upon him personally; or if a copy is sent by certified mail to his last known address; or if a copy is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with the 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 article and with rules and regulations adopted pursuant thereto.
Such regulations of the Uniform Construction Code, Department of Community Affairs, State of New Jersey, as are applicable, shall be utilized.
[Adopted by Ord. No. 1132-97 (Ch. XXXVI of the 1997 Revised General Ordinances)]
The City of Cape May has a fair share obligation of 91 units of which 58 are new construction. This article will apply to all developments that contain proposed low- and moderate-income units that are listed below and any future developments that may occur:
Cape May Housing Authority
639 Lafayette Street
Cape May, New Jersey
The affirmative marketing plan is a regional marketing strategy designed to attract buyers and/or renters of all majority and minority groups, regardless of sex, age or number of children, to housing units which are being marketed by a developer/sponsor, municipality and/or designated administrative agency of affordable housing. The plan will address the requirements of N.J.A.C. 5:93-11. In addition, the plan prohibits discrimination in the sale, rental, financing or other services related to housing on the basis of race, color, sex, religion, handicap, age, familial status/size or national origin. The City of Cape May is in the housing region consisting of Cape May, Atlantic, Cumberland and Salem Counties. The affirmative marketing program is a continuing program and will meet the following requirements.
A. 
All newspaper articles, announcements and requests for applications for low- and moderate-income units will appear in the following daily regional newspaper: Atlantic City Press.
B. 
The primary marketing will take the form of at least one press release sent to the above publication and a paid display advertisement. Additional advertising and publicity will be on an as-needed basis.
C. 
The advertisement will include a description of the:
(1) 
Street address of the units;
(2) 
Direction to housing units;
(3) 
Number of bedrooms per unit;
(4) 
Range of prices/rents;
(5) 
Size of units;
(6) 
Income information; and
(7) 
Location of applications, including business hours and where/how applications may be obtained.
D. 
All newspaper articles, announcements and requests for applications for low- and moderate-income housing will appear in the following neighborhood-oriented weekly newspapers:
(1) 
Cape May Star and Wave.
(2) 
The Herald.
E. 
The following regional radio and/or cable television station will be used: WMGM-TV Ch. 40.
A. 
The following is the location of applications, brochure(s), sign(s) and/or poster(s) used as part of the affirmative marketing program, including specific employment centers within the region:
(1) 
Municipal administrative building: City Hall, 643 Washington Street.
(2) 
Municipal library: Ocean and Hughes Streets.
(3) 
Major employers in region: County of Cape May, Clerk's Office, 7 North Main Street, Cape May Court House; and Burdette Tomlin Memorial Hospital, Route 9, Cape May Court House.
B. 
The following organizations in the region will aid in the affirmative marketing program with particular emphasis on contacts that will reach out to groups that are least likely to apply for housing within the region: Public Housing Directors' Association; the Southern New Jersey Housing Directors' Association; the New Jersey Association of Housing and Redevelopment Organizations.
C. 
Quarterly flyers and applications will be sent to each of the following agencies for publication in their journals and for circulation among their members: Board of Realtors in Cape May, Atlantic, Salem, and Cumberland Counties.
D. 
Applications will be mailed to prospective applicants upon request.
E. 
Additionally, quarterly informational circulars and applications will be sent to the chief administrative employees of each of the following agencies in the Counties of Cape May, Atlantic, Salem and Cumberland: Welfare or Social Service Board; Rental Assistance Office (local office of DCA); Office on Aging; Housing Agency or Authority; Library; area community action agencies.
The following is a description of the random selection method that will be used to select occupants of low- and moderate-income housing.
A. 
The Cape May Housing Authority follows all guidelines and marketing plans as prescribed by the Department of Housing and Urban Development and the State of New Jersey.
B. 
The Cape May Housing Authority is the agency under contract with the City of Cape May to administer the affirmative marketing program. The Cape May Housing Authority has the responsibility to income qualify low- and moderate-income households; to place income-eligible households in low- and moderate-income units upon initial occupancy; to provide for the initial occupancy of low- and moderate-income units with income-qualified households; to continue to qualify households for reoccupancy of units as they become vacant during the period of affordability controls; to assist with advertising and outreach to low- and moderate-income households; and to enforce the terms of the deed restriction and mortgage loan as per N.J.A.C. 5:93-9.1. The City Manager within the City of Cape May is the designated housing officer to act as liaison to the Cape May Housing Authority. The Cape May Housing Authority will provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements and landlord/tenant law.
Households who live or work in the COAH-established housing region may be given preference for sales and rental units constructed within that housing region. Applicants living outside the housing region will have an equal opportunity for units after regional applicants have been initially serviced. The City of Cape May intends to comply with N.J.A.C. 5:93-11.7.
The marketing program will continue for as long as occupancy and reoccupancy of affordable units continues to be necessary.
The Cape May Housing Authority will comply with monitoring and reporting requirements as per N.J.A.C. 5:93-11.6 and 12.1.