Not A Loophole: Legislation Doesn't Create Shortcut For Demolition Of Historic Properties In Ocean City, Officials Say

Ocean City, NJ -- A proposed ordinance that would apply the latest edition of the International Property Maintenance Code to historic properties in Ocean City doesn’t provide a back door for residents in the district to demolish their homes, Ocean City Solicitor Dorothy McCrosson clarified Thursday night.

The question came up during the public hearing on the proposed legislation when John Feairheller, a longtime resident of the district, expressed concern over the use of the term abatement.

Specifically, he was concerned with wording in the International Property Maintenance Code that gives a property owner 14 days to correct an issue addressed by Ocean City Code Enforcement or take other corrective measures, including demolition.

There is a process that goes through the Historic Preservation Commission that must be followed before a building in the Historic District is destroyed, and he feared applying the code to the Historic District would allow property owners to circumvent that process.

McCrosson assured Feairheller and Hartzell that was not the case.

“John’s fear is that if an owner were ordered to paint their property or fix a railing, they could then use that as an excuse to demolish the building without going to the Historic Preservation Commission,” McCrosson said. “ … Code Enforcement can be very specific in their instruction. This is not a loophole.”

“I’ve heard from people who are concerned that other people would intentionally allow their buildings to deteriorate the point where it would need to be demolished,” Councilman Keith Hartzell added.

He said the word “abate” may confuse some people, and suggested replacing it with something more clear, like “fix” or “repair.”

McCrosson suggested it might be easier to clarify in the ordinance that demolition must still abide by the rules set forth by city ordinance and enforced by the Historic Preservation Commission.

The Historic District spans the First and Second wards, and is listed on the National Register of Historic Places.

The proposed ordinance ensures every property in Ocean City, both commercial and residential, are treated the same.

The proposed legislation was passed with a final vote of 6-0 by City Council. Councilman Michael DeVlieger abstained because he lives in the district.

Previously, Ocean City Code Enforcement was only able to compel owners of historic properties to correct a maintenance violation if the cost to correct is 25 percent of the cost of replacing the entire improvement on which the violation occurs.

Following Thursday night’s vote, code enforcement officers have the ability to require the same maintenance standards on historic properties as they do for other properties throughout the city.