[HISTORY: Adopted by the Mayor and Council
of the Borough of Saddle River 7-8-1974 as Ch. 2, Arts. 1 and 2, of the 1974
Code. Amendments noted where applicable.]
The Council may, by majority vote, remove any
official or employee of the Borough appointed by the Mayor with the
advice and consent of the Council under any provision of this chapter
to serve other than at the will of the Council, for cause, after public
hearing, upon reasonable notice. Those employees appointed to serve
at the will of the Council may be discharged without cause and without
hearing.
The Mayor, with the advice and consent of the
Council, may fill any vacancy in any official position set forth in
this chapter caused by death, resignation or any other cause for the
unexpired term of such office or position, except as otherwise provided
by law.
A.Â
Every person elected or appointed to any office in the Borough shall, before assuming such office, take and subscribe to the oaths required by Chapter 1 of Title 41, entitled "Oaths and Affidavits" (N.J.S.A. 41:1-1 et seq.).
B.Â
The oaths shall be filed with the Clerk and shall
be preserved by the Clerk as public records.
A.Â
Every officer or employee of the Borough, by virtue
of his office or position, entrusted with the receipt, custody or
expenditure of moneys or funds of the Borough, and any other officer
or employee required so to do by the Mayor and Council, shall, before
entering upon the duties of his office or position, execute and deliver
a surety bond of a surety company authorized to do business in the
State of New Jersey, in such amount as may be fixed by resolution,
to the Borough in the name of the Borough of Saddle River, conditioned
upon the true and faithful performance of his duty.
B.Â
Such bond shall be approved as to form and sufficiency
by the Borough Attorney.
[Amended 2-18-1992 by Ord. No. 579-C]
A.Â
The Clerk shall be appointed by the Mayor, with the
advice and consent of the Council, for a term of office of three years.
The term of the Municipal Clerk shall commence on January 1 in the
year in which the person was appointed to the position of Municipal
Clerk and shall be subject to the statutory provisions covering tenure.
The Municipal Clerk shall perform those duties required by law and
such other duties as from time to time are prescribed by the Mayor
or Council.
B.Â
The Municipal Clerk shall attend all meetings of the
Council and keep a record of its proceedings at all regular and special
meetings.
[Amended 3-21-1988 by Ord. No. 500-C]
A.Â
Creation of office. The office of the Borough Administrator
is hereby created in accordance with N.J.S.A. 40A:9-136, 40A:9-137
and 40A:9-138.
B.Â
Appointment; term of office; residency. The Borough
Administrator shall be appointed by the Mayor, with the advice and
consent of the Council, for such term as the Mayor and Council deems
to be within the best interests of the Borough, or the unexpired portion
thereof. A majority of the Council as constituted shall be required
for such appointment. However, in the event that the appointment of
the Administrator occurs during an absence or a vacancy within the
Council, then at least three affirmative votes shall be required for
approval of such appointment. The Administrator need not be a resident
of the Borough of Saddle River.
[Amended 3-26-1990 by Ord. No. 539-C]
C.Â
Absence or disability. During the absence or disability
of the Borough Administrator, the Council may, by resolution, appoint
an Acting Administrator to perform the duties of the Borough Administrator.
Such absence or disability shall be limited to three months, after
which time such absence or disability may be deemed a vacancy by the
Council.
D.Â
Removal from office. The Borough Administrator may
be removed by a two-thirds vote of the Borough Council. The resolution
of removal shall become effective three months after its adoption
by the Council. The Council may provide that the resolution shall
have immediate effect; provided, however, that the Council shall direct
payment to the Administrator forthwith for any unpaid balance due
on said Administrator's salary as well as the Administrator's salary
for the next three calendar months following adoption of the resolution.
E.Â
Position to be full- or part-time, at the discretion
of the Mayor and Council. The Borough Administrator shall be appointed
by the Council by way of resolution to either a full- or part-time
status. If full time, the Borough Administrator shall devote full
time to the interest of the Borough. If the position is deemed to
be part time by way of resolution, then an agreement shall be reached
by the Borough and the Administrator as to the number of days of work,
together with the hours of said employment.
[Amended 3-26-1990 by Ord. No. 539-C]
F.Â
General responsibilities. The Borough Administrator,
under the supervision and control of the Mayor and Council, shall
be responsible for the proper and efficient administration of the
business affairs of the Borough. The responsibilities shall related
to the general management of all borough business, excepting therefrom
those duties and responsibilities conferred upon other borough officials
by state statute, other applicable laws, rules and regulations promulgated
by federal, state and county agencies, decisional law or ordinances
of the Borough of Saddle River. The Administrator shall perform the
specific duties covered in this chapter and such other duties as may
be assigned to the Administrator from time to time by the Mayor and
Council.
G.Â
Specific responsibilities. The Borough Administrator
shall carry out the following specific duties in concert with the
policies and objectives of the governing body:
(1)Â
Act as liaison between the Mayor and Council and all
boards, commissions and departments of the Borough government as well
as the professionals serving the Borough such as the Borough Attorney,
special attorneys, Borough Auditor, Borough Engineer, etc.
(2)Â
Recommend personnel policies and administrative practices
for adoption by the Mayor and Council and thereafter implement and
administer said policies and practices.
(3)Â
Assist in the timely preparation of the budget and
monitor revenue and expenditures to ensure compliance with the budget
as adopted.
(4)Â
Recommend and administer a system adopted by the Mayor
and Council so that the questions, complaints and comments of interested
citizens will be promptly and courteously handled by the appropriate
personnel.
(5)Â
Supervise the purchasing activities of the Borough
to ensure economy and efficiency.
(6)Â
Monitor all contracts of the Borough to protect the
interests of the Borough.
(7)Â
Report regularly to the Mayor and Council on all of
the above areas and on other activities of the Administrator in performance
of the responsibilities of the office.
A Deputy Clerk may be appointed annually by
the Mayor, with the advice and consent of the Council, to serve at
the will of the Council, and perform such duties as from time to time
are prescribed by the Council.
[Amended 11-20-1990 by Ord. No. 531-C[1]
A.Â
Pursuant to the authority contained in N.J.S.A. 40A:9-140.1
et seq. and 40A:9-1.2, the Mayor shall, with the advice and consent
of the Council, appoint annually a Chief Financial Officer/Treasurer
and may appoint, from time to time during the year, one or more Assistant
Treasurers of the Borough.
B.Â
Duties.
(1)Â
The Chief Financial Officer/Treasurer shall be responsible
for the receipt, safekeeping and disbursement, under the direction
of the Council, of all money previously deposited by the Collector
in the account or accounts of the Borough maintained in depositories
designated by resolution of the Council.
(2)Â
He shall cause to be kept an accurate account of all
receipts and payments in such manner as the Council may direct.
(4)Â
The Chief Financial Officer/Treasurer shall cause
to be prepared such reports and perform such other duties as may be
required by resolution of the Council.
An Assistant Treasurer shall act as Chief Financial
Officer/Treasurer of the Borough in the absence of the duly appointed
Chief Financial Officer/Treasurer and shall perform such other duties
under the direction of the Chief Financial Officer/Treasurer as may
be required by resolution of the Council.
B.Â
Duties.
(1)Â
The Collector shall collect all moneys due to the
Borough.
(2)Â
The Council shall provide him with an office in the
Municipal Building, which he shall attend at such hours as may, from
time to time, be fixed by resolution of the Council.
(3)Â
He shall, within 48 hours after receipt, deposit all
moneys collected by him for the Borough in the appropriate accounts
in the bank or banks designated by resolution of the Council, furnishing
the Chief Financial Officer/Treasurer with a copy of the deposit slip.[2]
(4)Â
He shall enter in suitable books kept for the purpose
the sums received by him for taxes and for any other purpose, with
the names of the persons for whose account or on behalf the money
has been paid. If any part of any payment is for interest or penalty,
the amount thereof shall be separately stated.
(5)Â
Once each week and at the end of each month, he shall
furnish the Chief Financial Officer/Treasurer with a written statement
of all moneys received, collected and deposited by him for or on account
of the Borough, with details of which accounts are credited.[3]
(6)Â
The Mayor, Chief Financial Officer/Treasurer or any
Assistant Treasurer may, from time to time, request the Collector
to furnish other information regarding said deposits, and the Collector
shall promptly comply with such requests.[4]
(7)Â
The Collector shall, within 60 days of the end of
the fiscal year or when otherwise required by the Mayor, Chief Financial
Officer/Treasurer or any Assistant Treasurer, make a list of delinquent
taxpayers for the previous year.[5]
(8)Â
In addition, the Collector shall perform such further
duties as may be required by law or as may be prescribed by resolution
of the Council.
B.Â
The Borough Engineer shall render engineering services
to the Council and may render such services to the Planning Board
and other legally constituted boards of the Borough.
C.Â
The compensation of the Borough Engineer for services
rendered during the year shall be evidenced by a claim properly sworn
to as required by law and approved by resolution of the Council.
A.Â
Pursuant to the authority contained in N.J.S.A. 54:5-18.3,
a Pending Assessment Search Officer, who shall be either the Clerk
or the Borough Engineer, shall be appointed annually by the Mayor,
with the advice and consent of the Council.[1]
B.Â
The Pending Assessment Search Officer shall furnish
certificates relating to pending assessments in the Borough as required
by law.
A.Â
One or more stenographers, to serve at the will of
the Council, shall be appointed annually by the Mayor, with the advice
and consent of the Council.
B.Â
He or they shall perform stenographic duties and such
other duties of a clerical nature for the Clerk and the Council as
may be prescribed by the Council.
A.Â
The Mayor annually, with the advice and consent of
the Council, may appoint a Local Improvement Assessment Officer, who
shall be the Collector of the Borough. He shall be charged with the
responsibility for collection of local improvement assessments, including
the preparation of assessment bills with respect to local improvements
completed in accordance with ordinances adopted by the Council. Such
assessment bills shall be prepared in accordance with resolutions
of the Council confirming such assessments.
B.Â
The Local Improvement Assessment Officer shall prepare
written reports in respect of each said ordinance, and furnish the
same to the Chief Financial Officer/Treasurer, with respect to amounts
received and deposited to the special account maintained by the Borough
for such receipts, within 10 days after the end of each month, and
annually shall furnish a written report to the Council listing all
property owners delinquent with respect to the payment of their local
improvement assessment bills.[1]
A.Â
A bookkeeper, to serve at the will of the Council,
shall be appointed annually by the Mayor, with the advice and consent
of the Council.
A.Â
A Construction Official/Building Inspector shall be
appointed annually by the Mayor, with the advice and consent of the
Council.
B.Â
Duties.
(1)Â
It shall be the duty of the Construction Official/Building
Inspector to enforce the provisions of the Building Code and any amendments
thereto and of all other sections relating to the construction, alteration,
repair or maintenance of all buildings, structures and signs within
the Borough.
A.Â
The Construction Official/Building Inspector shall
keep a record of all applications for permits and all proceedings
thereon and shall preserve all specifications and plans and amendments
filed in connection with any application for a permit.[1]
B.Â
He shall keep a record of all permits issued, of all
inspections made and of all permits revoked.
C.Â
He shall also keep a full and complete record of all
buildings or structures erected, altered or repaired.
D.Â
He shall also keep a record of all fees paid and shall
pay over all such fees to the Collector within 48 hours after receipt
thereof.
A.Â
The Construction Official/Building Inspector shall
have the right and it shall be his duty to inspect all buildings in
the course of construction, erection, alteration or repair and also
any and all buildings or structures which he has reason to believe
may be unsafe or dangerous and also at all proper times to enter upon
private property and the buildings thereon for the purpose of making
necessary inspections for the proper enforcement of the various ordinances
of this borough and the laws of this state applicable thereto.[1]
B.Â
No person shall interfere with him in the performance
of such duties nor prevent him from making any inspection during reasonable
hours.
E.Â
Failure to allow inspection by any lawful agent or
officer of the Borough of Saddle River, including but not limited
to the Construction Official/Building Inspector or any subcode officials,
shall constitute a separate violation of this chapter. In the event
that a violation other than failure to allow inspection is charged,
the refusal to permit inspection by an appropriate representative
of the Borough of Saddle River shall constitute a presumption of guilt
in violation as charged.
[Amended 2-10-1986 by Ord. No. 431-C[4]]
F.Â
The owner or tenant of any building, structure, premises
or part thereof and any architect, builder, contractor, agent or other
person who commits, participates in, assists in or maintains such
violation may each be found guilty of a separate offense and suffer
the penalties herein provided.
[Amended 2-10-1986 by Ord. No. 431-C]
G.Â
Nothing herein contained shall prevent the Borough
of Saddle River from taking other lawful actions as necessary to prevent
or remedy any violation.
[Amended 2-10-1986 by Ord. No. 431-C]
[Amended 2-22-1988 by Ord. No. 499-C[1] ]
The following offices and employees of the Borough
of Saddle River need not be residents of the Borough of Saddle River
as a condition of their employment: