Lamb Releases Repeal Ordinance

Calls on Council to End Assault on Private Property Rights

FOR IMMEDIATE RELEASE

September 27, 2022

Buermann Avenue – Toms River Councilman Justin Lamb today released his ordinance to repeal the hastily-passed MCCUO ordinance that is wreaking havoc on Toms River taxpayers, homeowners, and realtors.

“The existing ordinance has created bureaucratic red-tape, cumbersome mandates, and costly delays that are undermining our home values,” Lamb said.  “It’s time to begin the repeal process tomorrow night.”

Lamb said it was unclear whether Council President Kevin Geoghegan would place the repeal ordinance on the formal September 28 agenda for discussion, but that Lamb is determined to move the ordinance from the floor no matter what.

“The previous Council held a knee-jerk vote last December, they didn’t consider the ramifications of what they were doing, and now we’re suffering the consequences,” Lamb said.  “We should repeal it immediately.  We owe that to the people of Toms River.”

Lamb’s repeal ordinance has been welcomed by Toms River realtors who have related horror stories of overly zealous inspectors, invasive probes, and minor shortcomings that have thwarted home sales.

“Each and every time a home fails inspection, the homeowner gets whacked with additional fees that they never had to pay in the past,” Lamb said.  “They say it’s about safety but it’s really just a money grab.”

Lamb was referring to the whopping 400% increase in up-front application fees which can be followed by an unlimited number of “reinspection” fees at $150 a pop.

Each time a home fails, the delays in scheduling a reinspection drag on and on forcing potential buyers to look for homes in other towns and driving down sale prices in Toms River.

“This ordinance is fundamentally flawed,” Lamb said.  “That’s why other towns that have tried to impose the same heavy handed approach have ultimately repealed those regulations.”

Lamb said the Wednesday, September 28 Council meeting would be preceded by a press conference and property rights rally outside of town hall at 5:00 pm.

“People are upset that Toms River government is becoming so costly and so powerful,” Lamb said.  “Unfortunately, some of my colleagues on the Council think government is here to solve our problems, but with this ordinance, they are the problem.”

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ORDINANCE OF THE TOWNSHIP COUNCIL, TOWNSHIP OF TOMS RIVER, OCEAN COUNTY, NEW JERSEY REPEALING CHAPTER 253, ENTITLED “CONTINUED USE AND OCCUPANCY OF RESIDENTIAL DWELLINGS,” WHICH IMPLEMENTED REGULATIONS REQUIRING CERTIFICATES OF CONTINUED USE AND OCCUPANCY UPON TRANSFERS OF OWNERSHIP OF RESIDENTIAL DWELLINGS

WHEREAS, the Township Council adopted Ordinance No. 4724-2021 on December 22, 2021 establishing a new Chapter 253 of the Township Code, entitled “Continued Use and Occupancy of Residential Dwellings;” and

WHEREAS, Ordinance No. 4724-2021 took effect on July 1, 2022; and

WHEREAS, pursuant to N.J.S.A. 40:48-2, the governing body of a municipality may make, amend, repeal, and enforce such other ordinances, regulations, rules and by-laws not contrary to the laws of this state or the United States, as it may deem necessary and proper for the good government, order and protection of person and property, and for the preservation of the public health, safety  and welfare of the municipality and its inhabitants, and as may be necessary to carry into effect the powers and duties conferred and imposed by this subtitle, or by any law; and

WHEREAS, Ordinance 4724-2021 undermines private property rights, threatens Toms River property values, imposes gratuitous fees on homeowners, empowers an invasive bureaucracy, has caused major problems in the Toms River real estate market, and is making it far too difficult to buy or sell a home in Toms River; and

WHEREAS, the Township Council deems it the in the public interest to repeal Ordinance 4724-2021, Chapter 253 of the Township Code, entitled “Continued Use and Occupancy of Residential Dwellings;”

NOW THEREFORE BE IT ORDAINED by the Township Council of the Township of Toms River, Ocean County, New Jersey as follows:

Section 1. Ordinance No. 4724-2021, Chapter 253, entitled “Continued Use and Occupancy of Residential Dwellings,” is hereby repealed and shall be of no force and effect whatsoever.

Section 2. All sections of the Township Code not amended hereunder shall remain in full force and effect.

Section 3. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.

Section 4. All ordinances or parts thereof which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.

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