By DAVID NAHAN/Sentinel staff
OCEAN CITY – After a citizen spent months complaining about large construction dumpsters that have been left uncovered, City Solicitor Dorothy McCrosson explained the regulations are confusing and suggested Ocean City Council change the language in the ordinance.
Ocean City resident Bob Forman has spent months emailing city officials asking them to do something about all of the uncovered construction dumpsters at work sites around the city. He has spent months trying to get answers from city employees and elected city officials because he believed home builders were ignoring the regulations.
On Thursday evening, Aug. 27, at the City Council meeting, McCrosson said two citizens had been complaining about the dumpsters, including one in particular who had asked the city code enforcement officer to investigate.
“The citizen has done a yeoman’s job,” McCrosson said, without referencing Forman’s name.
She said since Gov. Phil Murphy’s stay-at-home order to address the COVID-19 pandemic began in March, “code enforcement has received many, many times its usual number of complaints about dumpsters. All of them have come from two people. One was complaining about a construction dumpster at a construction site in his neighborhood. The other complaints have been from one concerned individual who is very interested in this issue and has been bringing what he believes to be violations to the attention of the Code Enforcement Office.”
She said the city appreciated “that type of citizen participation,” but said of the 80 work orders filed with code enforcement, it was found the problem wasn’t with the dumpsters, but with the way the city codes are written.
It is in the wording that has confused the types of dumpsters found behind restaurants and other commercial businesses, mostly that hold regular garbage and trash, with the large construction dumpsters at work sites.
“I think in this case, because of the way our administrative code is written, there has been some confusion whether the code enforcement officer has been doing his job properly.
I just want to assure you that in my opinion, he is,” McCrosson said. “And I certainly understand what the confusion is.”
She explained there are different sections of the city’s administrative code that deal with the large refuse containers. One section of the code is entitled “refuse containers and dumpsters,” which pertains to the refuse containers that are typically behind commercial establishments and used for everyday trash. “Sometimes they are trash cans and sometimes they’re dumpsters with the lids. They must be covered at all times. That is what the ordinance provides.”
She said there is a “completely separate section” of the ordinance called “construction debris and material.” That section is for the large containers usually found on the streets in front of construction sites. Those, she said, are required to contain the construction debris so that it is not on the site or in the neighborhood and they are required to be removed and emptied at regular intervals. “They are not required to be covered,” she said.
The problem is that when the two sections of the city code are read, “that’s not crystal clear,” but that the Code Enforcement Office understands the difference. That is why when the citizen has complained, there haven’t been violations issued.
She suggested that City Council revise the ordinance – in language, but not in substance – so that it is clear which dumpsters are required to be covered and which ones aren’t.
9/11 ceremony Sept. 11 in Seaville
SEAVILLE – There will be a Patriot Day 9/11 service at 10 a.m. Friday, Sept. 11, at Sergeant William R. Godfrey Memorial Park at Osprey Point, Seaville.
The service will be hosted by Osprey Point resident James Joyce.
A flag honoring William Weber, a deceased U.S. Marine veteran, will be presented to the Osprey Point Community.
Ocean City/Upper Township Rotary representative Randi Scheck will discuss Rotarian patriotic endeavors. Commander John O’Lansen will represent the American Legion Post 239. The Upper Township Fire and Rescue Squads will be represented by personnel with a display of equipment. Visitors and dignitaries will be acknowledged.
All are welcome to attend this Patriot Day Service to remember and honor those who have fallen or suffered grievous harm on this day of disaster.
If there is inclement weather, the service will be held inside the Osprey Point Clubhouse. All pandemic social mask and distancing protocol will be observed.
Godfrey Memorial Park is located at 1731 Route 9, Seaville.