Ordinance of the Borough of Island Heights, Ocean County, New Jersey Amending Chapter Xii

ORDINANCE OF THE BOROUGH OF ISLAND HEIGHTS, OCEAN COUNTY, NEW JERSEY AMENDING CHAPTER XII ENTITLED, “PROPERTY MAINTENANCE”, SUBSECTIONS 12-1 THROUGH-12-1.2 IN ORDER TO ADOPT THE INTERNATIONAL PROPETY MAINTENANCE CODE, 2006 EDITION

ORDINANCE NO. 2009-06

BE IT ORDAINED by the Mayor and Borough Council of the Borough of Island Heights, County of Ocean, and State of New Jersey, as follows:

Section 1.Purpose.The purpose of the within Ordinance is to adopt the International Property Maintenance Code, 2006 Edition in order to provide a basis for requiring basic care of lands and structures within the Borough. By doing so the general health, safety and welfare of the community is benefited and protected.

Section 2.Chapter XII entitled, “Property Maintenance”, Subsections 12-1 through 12-1.2 is hereby amended to delete subsections 12-1 through 12-1.2 and to insert in its place and stead the following:

12-1 PROPERTY MAINTENANCE CODE.

12-1.1 Adoption of International Property Maintenance Code, 2006 Edition.

A certain document, three (3) copies of which are on file in the office of the Borough Clerk of the Borough of Island Heights, being marked and designated as the International Property Maintenance Code, 2006 Edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Island Heights, Ocean County, New Jersey. The Code regulates and governs the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to insure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided. The Code shall provide for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough Clerk are hereby referred to, adopted and made a part hereof, as if fully set out in this Ordinance, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this Ordinance.

Section 12-1.2. The following sections are hereby revised:

a.Section 101.1.Borough of IslandHeights, hereinafter referred to as “This Code”.

b.Section 103.5. Fees. The fees for activities and services performed by the Department in carrying out its responsibilities under this Code are set forth herein in Section 12-1.3.

c.Section 302.4.Eight (8) inches.

d.Section 304.14.May 1st through October 31st (can be adjusted).

e.Section 602.3.October 1st to May 1st.

f.Section 602.4.October 1st to May 1st.

Section 3.That if any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The Borough Mayor and Council hereby declare that is would have passed this ordinance, and each section, subsection, caluse or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

Section 4.That nothing in this ordinance or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under ant act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this ordinance.

Section 5.This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Island Heights, in the County of Ocean, held on the day of , 2009 and will be considered for second reading and final passage at a regular meeting of said governing body to be held on the day of , 2009 at 7:00 p.m. at ______, Island Heights New Jersey at which time and place any person desiring to be heard upon the same will be given an opportunity to be so heard.

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, Clerk