Township of Ocean - Recurring Violations

Listed below are some of the Zoning and Code violations we commonly see: 

Inoperable, Unlicensed, and Abandoned Vehicles on Private Property

Within any residential-zoned district, inoperable vehicles may not be kept in open view. All non-registered, inoperable and uninsured vehicles must be kept within a completely enclosed building. For more questions, please contact the Zoning Official.

Unkempt properties (occupied and vacant)

Condition of Private Property violations include but are not limited to:

• accumulations of junk and debris such as paper, lumber, concrete rubble, household furnishings, dismantled machinery, tires or rusted metal of any kind on residential or commercial property. To discard these items, you may bring them to the Township Recycling Center located at 3603 Sunset Ave.
• excessive growth of grass and weeds (10 inches or more in height)
• Shrubs, bushes, trees, etc. encroaching onto the sidewalk, roadway, or other public right-of-ways. The surface of the right-of-way should be cleared upwards to ten (10) feet and low encroaching vegetation should be kept back to the property line.
• conditions that harbor or attract rodents
• Dead trees on private property that are a threat to the public right of way. Certification is needed by a tree specialist or arborists in order to issue a notice of violation to the property owner.

Construction without Zoning Approval and Building Permits: (Zoning/Construction Violations)

No building or structure may be erected, altered, or enlarged without first obtaining the necessary approval by the Zoning Office (ext. 3357/3352) and/or building permit/s from the Building Office (ext. 3348/3353). This requirement pertains to most structures, including fences, sheds, decks, patios and accessory buildings. 

No person shall permit, maintain, build, erect or construct any fence or wall, or permit, grow or maintain any hedge or row of trees that shall constitute a fence or wall that shall be higher than six feet, along the fence or property line of any premises bordering the streets, avenues, and highways of the Township of Ocean.

Illegal Occupancy: 

No owner shall occupy or let to an occupant or occupants, nor shall any person or persons lease or occupy any vacant dwelling unit or lodging unit, except if the same is part of a motel or hotel, unless a certificate of occupancy certifies that the room, dwelling, apartment, or the like, is in compliance with all of the ordinances of the township and fit for human habitation, and is further in compliance with all federal and State laws. The certificate of occupancy so issued shall apply only to the tenant for which it is issued. Dwelling shall mean a building occupied or intended to be occupied exclusively for residential purposes by one family or one housekeeping unit. Any change of occupancy needs a Certificate of Occupancy inspection by the Housing Official and a smoke/carbon monoxide detector inspection by the Fire District Fire Marshal. The Housing Official's extension is 3356. The Fire Marshal for Fire District No.1 is Craig Flannigan and his office number is (732) 222-2624. The Fire Marshal for Fire District No. 2 is Tom Haege and his office number is (732) 988-0880. So you can’t move in or allow tenants to move in unless you have the CO from the town and the Fire Certificate from the Fire District in your possession.

Signs: (Zoning Violation)

Signs shall be permitted only on private property (outside of the front yard setback) and not on public property or public right of way (which is usually 10-15 feet in from the curb). All signs, residential and commercial, are regulated by the Zoning Ordinance and require prior approval and most require permits. Always check with the Zoning Office before installing or placing a sign by calling 732-531-5000, ext. 3357/3352. Your sign may be removed by this office and disposed of if not claimed without notice if improperly placed on any property or utility poles and violations of the sign ordinance are subject to monetary fines, and prosecution in Court. No signs are allowed on utility poles or trees, or on or adjacent to any other public lands such as school sites, recreation fields, parks, parkways, or median strips.

Prohibited signs: Any moving sign or device to attract attention, whether or not any such device has written message content, of which all or any part moves by any means, including fluttering, rotating or otherwise moving devices, or set in motion by movement of the atmosphere including, but not limited to, pennants, propellers, discs, banners, balloons, etc.

Unlighted directional real estate “for rent” or “sale” signs, are not allowed unless it is on the property for sale/rent. Not more than one (1) sign for each lot for sale/rent shall be displayed.

Noise Control:

The noise ordinance is enforced by the Township of Ocean Police Department, and you must contact them at the time of the violation at 9-1-1 (non-emergency number is 732-531-1800). The following acts are declared to be loud, disturbing and unnecessary noise nuisances in violation of this section but said enumeration shall not be deemed to be exclusive, namely:

1. Radio, Phonograph, Instrument, Singing, Talking. The playing of any radio, phonograph or musical instrument, or singing and talking in such a manner or in such volume as to annoy or disturb the quiet, comfort or repose of persons within or outside of any dwelling, hotel or other type of residence, particularly during the hours between 11:00 p.m. and 8:00 a.m.
2. Animals and Birds. The owning, harboring or keeping of any animal or bird which has been causing or causes frequent or long continued noise which disturbs the comfort and repose of any person within the vicinity. Frequent or long continued noise means continually for ten minutes or intermittently for 30 minutes unless provoked.
3. Advertisement devices. The operation of any form of a sound-creating device, vocal or instrumental, human or mechanical or otherwise on the sidewalks, streets and highways or other public places of the Township, for the purpose of attracting the attention of the public.
4. Horns and Signals. The sounding of any horn or signal device on any automobile or other vehicle while not in motion for any unnecessary or unreasonable period of time, except as a danger signal.
5. Muffler Exhaust. The generation of loud sound as a result of the discharge into the open air of the exhaust of any steam engine, stationary jet or internal combustion engine or motor vehicle, except through a properly functioning muffler or other device which will effectively prevent loud or explosive noises there from.
6. Construction. The excavation, grading, paving, erection, demolition, alteration or repair of any premises, street, building or structure from 7:00 p.m. on Friday until 8:00 a.m. Saturday, from 7:00 p.m. Saturday until 7:00 a.m. on Monday and on Mondays through Fridays from 7:00 p.m. until 7:00 a.m. Commercial construction shall not be allowed on Sundays at any time. Exceptions may be made if urgent necessity is in the interest of public health and safety and if the nature of the emergency will admit of the prior procurement of a permit, then only in accordance with a permit first obtained from the Township Manager or Chief of Police or their respective designees. These regulations shall also apply to the delivery, removal or emptying of construction dumpsters and roll-off containers.
7. Loading and Unloading. the creation of loud and excessive noise in connection with the loading or unloading of any vehicle or the opening or destruction of bales, boxes, crates and containers.
8. Interfering with Work in Institutions. The creation of excessive noise in or on the grounds of any school, church, synagogue, hospital, institution of learning, court, public building or place of public assembly, or on any street adjacent to such grounds, places or buildings, while the same are in use and which unreasonably interferes with the working of the institution or place or unduly annoys persons therein.
9. Tools and Equipment. The operation or use of any power lawn mower, chain saw, fence post driller, saw, grinder, drill, garden equipment, snow blowers, leaf blowers or the like, between the hours of 8:00 p.m. and 8:00 a.m.
10. Buses, Trucks or Tractors. Outdoor Concerts. Outdoor concerts except in accordance with permits first obtained therefore from the township council or their authorized designee.
11. Vehicle Noises. The use of an automobile, motorcycle or vehicle so out of repair or so loaded that it creates loud and unnecessary grating, grinding, rattling or other noise. The repairing, rebuilding, modifying or testing any motor vehicle or off-road vehicle in or near a residential district in such a manner as to cause the disturbance and repose of others. The unnecessary warming up or idling of buses, trucks or tractors and the unnecessary and repeated idling, acceleration and deceleration or starting and stopping of automobiles and motorcycles.

**NOTE: There are exceptions listed in the ordinance.

Grass Complaints

No owner, tenant or occupant, or any agent, servant, representative or employee of such owner, lessee or occupant of any occupied or unoccupied lot or land, or part or parts thereof in the Township of Ocean, County of Monmouth, shall permit or maintain thereon:

1. any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris or junk, or
2. for a period of more than one month any motor vehicle in non-operative condition, or
3. refuse or debris resulting from construction activities or the demolishing of a building or buildings for a period of more than one month after construction or demolition activity has ceased at the subject property.

If the property is vacant or banked owned, the process will take longer to get done because in most cases, we have to go through the bank to get to the property maintenance company who is responsible to cut the grass and maintain the property.

Removal of Snow and Ice Land Abutting Public Streets

Each owner, tenant or person in possession of any land abutting upon any public street or highway in the township, shall clear and remove all snow and ice from the abutting sidewalk of concrete, crushed stone or cinder within 12 hours of daylight after the snow shall have fallen or formed thereon.

Tree Ordinance (portion of the ordinance) 

9-2.3 Tree Removal Prohibited

No person shall remove, or cause to be removed, five (5) or more existing trees with a diameter of nine inches or greater caliper at breast height, upon any lands within the Township of Ocean except as follows:

1. Trees that are to be removed as the direct result of a Development Application that has been approved by the Township of Ocean Planning Board or Zoning Board of Adjustment
2. Any trees cut or removed in accordance with a “management plan” developed by the New Jersey Department of Environmental Protection, Bureau of Forestry, filed with the Construction Official of the Township;
3. Trees directed to be removed by municipal, county, state or federal authority;
4. Trees that are to be removed as the result of the issuance of a Tree Removal Permit.

9-2.4 Tree Removal Permit

A Tree Removal Permit shall be required for the removal of five (5) or more trees of 9” or greater caliper at breast height, as follows:

1. Trees that are dead, severely damaged by natural causes or accident to the point that the natural habit of the tree can not be restored as determined by a N.J. Certified Tree Expert or a competent public authority (Director of Community Development, Township Engineer, etc.); trees that are severely diseased and require removal as certified by a N.J. Certified Tree Expert; or trees that pose an imminent public safety hazard as determined by a N.J. Certified Tree Expert or a competent public authority (police, Director of Community Development, Township Engineer, etc.)
2. Trees required to be removed subject to a construction permit as issued by the construction official for construction of new residences, additions to residences, or the construction of swimming pools or other accessory buildings or structures that are not the subject of Planning Board or Zoning Board of Adjustment application approvals.  Such trees shall clearly be shown on the construction plans and identified by size and the removal of same shall, in the opinion of the construction official or his designee, clearly be necessary for the construction of the subject building or structure.
3.  Individual residential lots with a dwelling located on the lot that remove five (5) or more trees per 12 month period.  Trees removed as a result of 1 or 2 above shall not be counted towards these five (5) trees. If trees are pruned or damaged due to activities within the dripline of the tree, e.g., the piling of soil or placement of large equipment, those trees will be counted toward this total. 

This ordinance is enforced by Community Development and the Construction  Official so any questions about the rest of the ordinance, please contact them directly.

Short Term Rentals

7-1.4       DEFINITIONS.

h.     Advertise or advertisement shall mean any written, electronic or oral publication, dissemination, solicitation or circulation which is intended to directly or indirectly induce any person to enter into an agreement for the short -term rental of a dwelling. This definition includes, but is not limited to, mailings, print advertisements internet listings, e-mail publications or other oral, printed or electronic media.

i.      Facilitate shall mean if, acting with knowledge that an operator managing agency or rental agent is renting a dwelling on a short-term basis, the person knowingly provides the operator managing agency or rental agent with means or opportunity for the commission of said offense. 

m.    Short-term rental shall mean any rental of a dwelling or part thereof for less than 30 consecutive days.

7-1.6       PROHIBITED CONDUCT.

1. No person shall use, possess or occupy a dwelling on a short-term rental basis. No person shall enter a short -term rental agreement for a dwelling.
2. No person owning, leasing, or having control of a dwelling shall allow it to be used, occupied or possessed as a short-term rental.
3. No person shall advertise, solicit or facilitate a short-term rental agreement for a dwelling.
4. The provisions of this section shall not apply to dwellings licensed by the United States, the State of New Jersey, any governmental agencies, health care facilities, or those dwellings located in an R-7 zone.