[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:
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Cape May Housing Authority
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639 Lafayette Street
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Cape May, New Jersey
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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;
(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:
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.