[HISTORY: Adopted by the City Council of
the City of Cape May as indicated in article histories. Amendments
noted where applicable.]
[Adopted by Ord. No. 1221-2000 (Ch. XI of the 1997 Revised
General Ordinances)]
[Amended 11-14-2005 by Ord. No. 53-2005]
A certain document, three copies of which are
on file in the office of the City Clerk of the City of Cape May, being
marked and designated as the "International Property Maintenance Code,
2003," as published by the International Code Council, Inc., and as
revised by the City Council of the City of Cape May, be and is hereby
adopted as the Property Maintenance Code of the City of Cape May,
County of Cape May, State of New Jersey (hereinafter referred to as
the "Cape May City Property Maintenance Code"); for the control of
buildings and structures as herein provided; and each and all of the
regulations, provisions, penalties, conditions and terms of said Cape
May City Property Maintenance Code are hereby referred to, adopted,
and made a part hereof, as if fully set out in this article.
[Amended 11-14-2005 by Ord. No. 53-2005]
The following sections of the International
Property Maintenance Code, 2003, are hereby revised as follows and
set forth on the copies which are on file with the City Clerk:
A.
Section 101.1. "City of Cape May" is inserted as the
name of the jurisdiction.
B.
Section 102.6. Deleted in its entirety and replaced
with the following:
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102.6 Historic buildings. Recognizing
the need for preventive maintenance to insure the continued useful
life of historic sites and structure in historic districts, City Council
hereby declares that code enforcement for historic sites and structures
in historic districts is a high municipal priority. All actions taken
by the City or any other person in enforcing or otherwise complying
with this code shall, if applicable, be done in strict compliance
with the City's Historic Preservation Ordinance, as may be amended
from time to time, as well as all applicable design guidelines adopted
by the City's Historic Preservation Commission and approved by the
City Council by ordinance; provided that nothing contained herein
shall prohibit or otherwise limit the Code Official from taking emergency
measures pursuant to Section 109 hereof.
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C.
Section 103.2. Revised to read as follows:
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103.2 Appointment. The Code Official
shall be appointed by the chief appointing authority of the jurisdiction.
In accordance with the prescribed procedures of this jurisdiction,
the appointing authority shall have the authority to appoint a deputy
code official, other related technical officers, inspectors and other
employees.
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D.
Section 103.6. Deleted.
E.
Section 104.2. The words "to adopt and promulgate
rules and procedures" are deleted.
F.
Section 106.5. The following sentence is added to
the end of the existing paragraph: "The Code Official may abate any
violation if not done so by the property owner or occupant within
the time provided by state statute and shall certify the cost thereof
to the City Council, which shall then examine the certificate and,
if found correct, shall cause the cost thereof to be charged as a
lien against such buildings, structures or premises; provided, however,
that the interest thereon shall not exceed 9% per annum."
G.
Section 107.2.4. The words "a reasonable time" are
replaced with "10 business days."
H.
Section 107.2.6 and 107.2.7 (new sections).
[Amended 11-20-2007 by Ord. No. 123-2007]
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6.
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The notice may provide that the code official
will abate the violation if not done so by the property owner or occupant
within the time provided by state statute, which will result in a
lien against such buildings, structures or premises in accordance
with Section 106.5 above.
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7.
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Continued validity of notice. Include a statement
that each notice issued pursuant to this Section 107 shall remain
valid for a period of 60 days from the date of service. In the event
that any violation for which a notice is served is corrected and the
same or substantially similar violation then recurs within said 60
days, no additional notice shall be required for prosecution of said
violation.
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I.
Section 107.3.2. The words "or first class" are deleted.
J.
Section 107.3.3. The following language is added at
the end: ". . . and, if required by state statute,
filed with the County Clerk and published in a newspaper printed and
published in the City as required by N.J.S.A. 40:48-2.7."
K.
Section 109.5. The second sentence is deleted and
replaced with the following: "Thereafter, the City may institute appropriate
action against the owner of the premises where the unsafe structure
is or was located for the recovery of such costs; and (ii) the Code
Official shall certify the cost thereof to the City Council, which
shall then examine the certificate and, if found correct, shall cause
the cost thereof to be charged as a lien against such buildings, structures
or premises; provided, however, that the interest thereon shall not
exceed 9% per annum."
L.
Section 109.7 (new section), Historic Structures.
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109.7 Historic structures. This
Section 109 shall apply regardless of whether a property is located
in an historic district or is otherwise designated as an historic
structure, site or improvement. No section in this code shall prohibit
or otherwise limit the code official from taking emergency measures
pursuant to this Section 109 hereof.
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M.
Section 111.1. The words "board of appeals" in the
first sentence are replaced with "City Manager or such other City
official required by state statute; provided, however, that if the
property is located in an historic district or is otherwise designated
as an historic structure, site or improvement, the Board of Appeals
shall consist of the City Construction Official, the City Manager
and a member of the Historic Preservation Commission selected by the
Chairman of the Historic Preservation Commission with the approval
of the City Manager." The number "20" in the first sentence is replaced
with "10 business."
N.
Section 111.2. Deleted.
O.
Section 111.3. Revised to read as follows:
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111.3 Notice of meeting. The Construction
Official or such other City official as required by state statute
shall set the date and time of the hearing, which shall be not sooner
than 10 days and not later than 30 days from the filing of the appeal.
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P.
Section 111.4. The word "board" in the first sentence
is replaced with "City Manager or such other City official required
by state statute." The last sentence and all of Subsection 111.4.1
are deleted.
Q.
Section 111.5. Deleted.
R.
Section 111.6. Replaced with the following:
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111.6 Decision. After hearing all
of the evidence, the City Manager or such other City official required
by state statute shall decide whether to uphold or reverse the code
official.
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S.
Section 111.7. The words "If required by state statute"
are added at the beginning of the first sentence.
T.
Section 202.0. General definitions.
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1.
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Code Official. The following language shall
be added to the definition of code official: "The code official for
the purposes of this code shall be the City's Construction Official;
provided that, where necessary, the City's Construction Official shall
also serve as the Code Official."
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U.
Section 303.3. Deleted.
V.
Section 303.7. The words "and free from obstructions"
are deleted from the third sentence.
W.
Section 303.14. April 1 is inserted as the first date
and October 1 is inserted as the second date.
X.
Section 303.18 (new section), Historic structures.
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303.18 Historic structures. The
exterior of structures in historic districts shall be maintained so
that the appearance reflects a level of maintenance in keeping with
the historic character of the area. The exterior of all structures
shall be painted and kept in good repair. All historic sites and all
buildings and structures in an historic district shall be maintained
so that exterior walls, roofs, stairs, porches, windows and door frames
are in a watertight condition. Cornices, entablatures, wall facings,
trim and similar decorative features shall be maintained so as to
prevent deterioration, and any deterioration which adversely affects
the overall character of the building or the district in which the
building is located is prohibited.
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Y.
Section 602.3. October 1 is inserted as the first
date and April the second date.
Z.
Section 602.4. October 1 is inserted as the first
date and April the second date.
Nothing in this article or in the Cape May City
Property Maintenance Code hereby adopted shall be construed to affect
any suit or proceeding in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing, under
any act or ordinance hereby repealed; nor shall any just or legal
right or remedy of any character be lost, impaired or affected by
this article.
[Adopted 11-1-2022 by Ord. No. 482-2022]
A.
All native and nonnative vines and vegetation that grow out of place
and are competitive, persistent, and pernicious. These plants may
damage trees, vegetation, or structures. The following is the City's
list of invasive and nuisance species:
(1)
Microstegium vimineum (Japanese stiltgrass).
(2)
Fatoua villosa (mulberry weed).
(3)
Ailanthus altissima (tree-of-heaven).
(4)
Ampelopsis glandulosa var. brevipedunculata (porcelain berry).
(5)
Celastrus orbiculatus (oriental bittersweet).
(6)
Elaeagnus umbellata, angustifolia and pungens (autumn olive, Russian
olive and thorny olive).
(7)
Ligustrum sinense (Chinese privet).
(8)
Lonicera japonica (Japanese honeysuckle).
(9)
Hedera helix (English ivy).
(10)
Nandina domestica (Nandina/heavenly bamboo).
(11)
Imperata cylindrica (Cogon grass/Japanese blood grass).
(12)
Imperata cylindrica (Cogon grass/Japanese blood grass).
(13)
Any
species of what is commonly known as "running bamboo" (including but
not limited to Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus,
Fargesia, Phyllostachys, Pleioblastus, Sasa, Sasaella, Semiarundinaria).
[Added 10-17-2023 by Ord. No. 520-2023]
B.
The above list may be amended only by adoption of a further ordinance.
Failure to control the spread of such vegetation beyond the
boundaries of a resident's property is a violation of this article.
No person, contractor, or property owner shall plant any species of tree or plant that appears on the City's list of invasive and nuisance species as set forth above in § 390-5.
The Code Enforcement Officer shall be designated with enforcement
of this article. All places and premises in the City of Cape May may
be subject to inspection by the Code Enforcement Officer, however,
an inspection may only be made of an alleged property if a neighboring
property owner files a complaint alleging that any section of this
article has been violated.
A.
Whenever an invasive plant, as defined by this article, is found
on any plot of land, lot or any other premises or place, prior to
the issuance of a summons, a violation notice shall be given to the
owner, in writing, directing removal or abatement within such time
as shall be specified therein, taking into account the nature of the
specific invasive species. The cost of abatement shall be borne by
the property owner.
B.
If the owner fails to comply with such notice under Subsection A above and within the time specified therein for removal or abatement, the City may direct issuance of a summons based on a violation of this article. Violations of this article shall be further subject to the general penalty provisions of Chapter 1, Article III, of the City Code, which includes the provisions under § 1-21 that each and every day in which a violation continues to exist will constitute a separate violation.
