[HISTORY: Adopted by the Mayor and Council of the Borough
of Bradley Beach 6-14-2011 by Ord. No. 2011-12. Amendments noted
where applicable.]
§ 350-1 Adoption of standards; availability of copies.
§ 350-2 Amendments to Code adopted.
§ 350-3 Supersession of other statutes.
§ 350-4 Elimination of prefacing information.
§ 350-1 Adoption of standards; availability of copies.
Pursuant to N.J.S.A. 40:49-5.1, the International Property Management
Code, 2009, published by the International Code Counsel, is hereby
accepted, adopted and established as the standard and guide in determining
whether dwellings and properties in this municipality are properly
maintained in accordance with and in the interest of promoting the
health, safety and welfare of the public. A copy of the International
Property Maintenance Code (IPMC) is annexed hereto and three copies
have been placed on file in the office of the Borough Clerk and are
available to all persons desiring to use and examine the same.
§ 350-2 Amendments to Code adopted.
The International Property Maintenance Code as identified above
shall be hereby amended and supplemented to read as follows:
A.
Section 101.1 Title. These regulations shall be known
as the "International Property Maintenance Code of Borough of Bradley
Beach," hereinafter referred to as "this code."
B.
Section 102.3 Application of other codes. Repairs, additions
or alterations to a structure, or changes of occupancy, shall be done
in accordance with the procedures and provisions of the New Jersey
Uniform Construction Code. Nothing in this code shall be construed
to cancel, modify of set aside any provision of the Borough of Bradley
Beach Zoning Code. Any reference to the "International Building Code,"
"National Electric Code" or the "International Plumbing Code," as
found in the International Property Maintenance Code adopted herein,
shall be construed to mean and be read in accordance with the New
Jersey Uniform Construction Code. Any reference to the "International
Fire Code" as found in International Property Maintenance Code adopted
herein shall be construed to mean and be read in accordance with the
New Jersey International Fire Code.
D.
Section 106.4 Violations and penalties. Unless otherwise
provided in this Code, any person, persons, other entities, or their
agents, who shall violate a provision of this Code, or fail to comply
therewith, or with any of the requirements hereof, shall be prosecuted
within the limits provided by state or local laws and upon conviction
thereof shall be subject to the penalties set forth in Borough Ordinance
Chapter 1, Article II, General Penalty. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense. All summons issued in connection with the enforcement of
this code, or any rule or regulation adopted pursuant thereto, shall
be heard before the Municipal Court of the Borough of Bradley Beach
in accordance with the rules of the Municipal Court, as adopted by
the Supreme Court.
E.
Section 107.7 No notice necessary. No notice of violation
need be given to any person or entity prior to the issuance of a summons
for the violation of any standards or provisions herein adopted and
all requirements as to notice shall be read as being discretionary
and permissive only.
G.
Section 112.4 Failure to comply. Any person who shall
continue any work after having been served with a stop-work order,
except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be subject to a fine of not less
than $200 or more than $2,000.
H.
Section 302.3.1 Snow removal: sidewalks and parking
lots. Snow and ice shall be removed from sidewalks and private parking
lots within 24 hours after cessation of precipitation.
I.
Section 302.4 Weeds. All premises and exterior property
shall be maintained free from weeds or plant growth in excess of six
inches. All noxious weeds shall be prohibited. Weeds shall be defined
as all grasses, annual plants and vegetation other than trees or shrubs
provided; however, this term shall not include cultivated flowers
and gardens. Upon failure of the owner, the owner's agent, or
other person having charge of a property to cut and destroy weeds
after service of a notice of violation, said person shall be subject
to prosecution in accordance with Section 106.3 and as otherwise prescribed
by the authority having jurisdiction. Upon failure to comply with
the notice of violation, any duly authorized employee of the jurisdiction
or contractor hired by the jurisdiction shall be authorized to enter
upon the property in violation and cut and destroy the weeds growing
thereon, and the cost of such removal shall be paid by the owner or
agent responsible for the property.
J.
Section 302.7 Accessory structures. All accessory structures,
including but not limited to, detached garages, sheds, outside showers,
fences and walls, shall be maintained in structurally sound and in
good repair.
K.
Section 302.10 Depositing of snow or ice prohibited. No person or other entity shall throw, place or deposit any snow
or ice into or on any street in the Borough, and no owner, tenant
or occupant shall cause or allow such throwing, placing or depositing
to occur, or cause or permit said throwing, placing or depositing
of any snow or ice to remain in the street, it being the intent and
purpose of this provision to prohibit all such persons and entities
from throwing, placing or depositing snow or ice which accumulated
on the private property or adjoining sidewalks into the streets of
the Borough.
L.
Section 304.1.1. This section shall be amended to delete
any reference to existing International Building Code.
M.
Section 304.3.1 Premises identification. Commercial
buildings with rear doors shall have the name of any businesses, address
number and unit identification, if applicable, on the outside of said
rear doors. Numbers and letters shall be a minimum of three inches
high with a minimum width of 0.5 inches.
N.
Section 304.6.1 Exterior walls. All exterior walls,
including masonry walls, shall be free of chipping, staining and deterioration
of paint and all such walls shall be restored to a clean good appearance.
O.
Section 304.14 Insect screens. Every door, window and
other outside opening required for ventilation of habitable rooms,
food preparation area, food service areas or any areas where products
to be included or utilized in food for human consumption are processed,
manufactured, packaged or stored shall be supplied with approved,
tightly fitting screens of not less than 16 mesh per inch (16 mesh
per 25 millimeters), and every screen door used for insect control
shall have a self-closing device in good working condition.
| Exception: Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed. |
P.
Section 308.3.1 Garbage facilities. The owner of every
dwelling shall supply an approved leakproof, covered, outside garbage
container, and no option to this requirement shall be permitted.
Q.
Section 404.4.1 Room area. Every living room shall contain at least
120 square feet (11.2 m2) and every bedroom
shall contain at least 70 square feet (6.5 m2) for the first person and 50 square feet for each additional person.
R.
S.
Section 602.3 Heat supply. Every owner and operator
of any building who rents, leases or lets one or more dwelling units
or sleeping units on terms, either expressed or implied, to furnish
heat to the occupants thereof shall supply heat during the period
from October 1 to May 15 to maintain a temperature of not less than
68º F. (20º C.) in all habitable rooms, bathrooms and toilet
rooms.
| Exceptions: | ||
| (1) | When the outdoor temperature is below the winter outdoor design temperature for the locality, maintenance of the minimum room temperature shall not be required provided that the heating system is operating at its full design capacity. The winter outdoor design temperature for the locality shall be as indicated in National Standard Plumbing Code currently adopted by the NJ-UCC. | |
| (2) | In areas where the average monthly temperature is above 30º F. (-1º C.) a minimum temperature of 65º F. (18º C.) shall be maintained. | |
Sec. 602.4 Occupiable work spaces. Indoor occupiable
work spaces shall be supplied with heat during the period from October
1 to May 15 to maintain a temperature of not less than 65º F.
(18º C.) during the period the spaces are occupied.
| Exceptions: | ||
| (1) | Processing, storage and operation areas that require cooling or special temperature conditions. | |
| (2) | Areas in which persons are primarily engaged in vigorous physical activities. | |
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