[Amended 4-2-2024 by Ord. No. 15-2024]
The Bureau of Permits and Inspections is hereby created. The Construction Official shall be the supervisor in charge of all construction subcode officials and any other City employee who may be assigned to the Construction Official by the Director of Public Affairs or the business manager of his Department.
The following officials are assigned to the Bureau, and they shall perform the functions authorized by their title and job description: Construction Official, Building Subcode Official, Electrical Subcode Official, Fire Subcode Official, Plumbing Subcode Official, Director of Inspections, Building Inspector, Electrical Inspector, Elevator Inspector or designated entity, Housing Inspector, Plumbing Inspector, Sanitary Inspector and Zoning Officer.
The Bureau of Permits and Inspections is responsible for enforcing the provisions of this chapter. The Bureau shall have those powers and duties which are necessary to carry out the purpose and intent of the provisions of this chapter, including, but not limited to, the following enumerated powers and duties:
A. 
The Construction Official is hereby designated as the public officer with those powers and responsibilities set forth in these ordinances, under the authority granted by N.J.S.A. 40:48-2.5 and 2.9 and N.J.S.A. 55:19-78 et seq.
B. 
The public officer shall maintain official records for all activities and the business of the Bureau regulated by this chapter.
C. 
The code officials and inspectors shall investigate the various lands and structures within the municipality to determine which lands and structures have conditions or uses which are regulated by this chapter.
D. 
The code officials and inspectors shall inspect those lands and structures which are regulated by this chapter to ensure compliance with the regulations contained herein.
E. 
Whenever the enforcement of the regulations contained herein requires inspections by more than one code official or inspector, the code officials and inspectors shall coordinate their inspections, to the extent practicable, so that the owners or occupants are not subjected to multiple inspections or conflicting orders.
F. 
The code officials and inspectors may seek consent from property owners or tenants, as appropriate in each case, to enter the premises and structures of any properties regulated by this chapter at reasonable times in the course of carrying out their responsibilities to inspect those premises or structures. If entry is refused, or not obtained, the code official or inspector is authorized to pursue and secure an order to authorize entry from the municipal court, or any other court of competent jurisdiction.
G. 
The code officials and inspectors shall carry a City employee identification card during the performance of their duties.
H. 
The code officials and inspectors shall issue notices of violations and orders for compliance to ensure the regulations contained herein are enforced.
A. 
The term "person" or "person responsible" shall mean the owner of the property and the tenant in possession, whether it is a natural person, corporation, limited liability company (LLC), partnership, or other legal entity. If the property is abandoned, the first mortgage holder, if any, shall also be a "person responsible" in addition to the owner.
B. 
Whenever a code official or inspector has reasonable grounds to believe that there is a violation of the regulations contained herein, a notice of violation and an order for compliance shall be issued to the persons responsible.
C. 
The notice of violation and order for compliance shall:
(1) 
Be in writing;
(2) 
Include a description of the lands or premises sufficient for identification of the property;
(3) 
Include a statement of the violations;
(4) 
Include an order for compliance setting forth a reasonable time to correct the violations; and
(5) 
Include a statement, if applicable, that the municipality has the right to correct the violation at its expense and assess the cost against the property or, to the extent permitted by law, against any other asset of the owner as provided in N.J.S.A. 55:19-100 if the person responsible fails to act within the time specified in the order.
D. 
The notice of violation and order for compliance shall be served in the manner specified in this chapter depending on the nature of the violation alleged, but if not otherwise specified, the notice shall be deemed to be properly served if a copy thereof is:
(1) 
Delivered personally to the person responsible, or his/her spouse, agent, power of attorney or person aged 14 years or older residing in the residence of the person responsible;
(2) 
Mailed by regular mail and certified mail, return receipt requested, to the last known address of the person responsible; or
(3) 
Posted in a conspicuous place on the lands or structure affected by the notice and order.
A. 
Any person aggrieved by a notice of violation and order for compliance issued by a code official or inspector under this chapter shall have the right to appeal to the municipal court.
B. 
Written application for appeal shall be filed with the clerk of the municipal court within 10 days after the receipt of the notice of violation and order for compliance. If the notice of violation and order for compliance requires compliance within a lesser time period, then the notice of violation and order for compliance shall specify such lesser time period and the application for appeal shall be filed within the lesser time period.
C. 
A written application for appeal must be based on a claim that the violation was issued in error, the true intent of the regulation allegedly violated has been incorrectly interpreted, or that the regulation does not apply.
A. 
The failure to comply with an order within the time specified therein, after service of the notice of violation and order for compliance, is a strict liability offense under these regulations.
B. 
Any person failing to comply with an order for compliance within the time specified therein shall be prosecuted in the Municipal Court.
C. 
When the property that is subject to a notice of violation and order for compliance under this chapter poses a significant risk to public health or public safety and the person responsible has failed to comply with the order for compliance within the time period specified, the public officer is authorized, but not required, to correct the condition. Any costs incurred by the municipality to correct the condition shall be assessed as a lien against the subject property or, to the extent permitted by law, against any other asset of the owner as provided in N.J.S.A. 55:19-100D. The total cost incurred, including an administrative fee of $250 for a first offense, and $500 for each subsequent offense, shall be certified by the public officer to the City Clerk and to the Municipal Tax Collector, who shall record the certification forthwith. Thereafter, the governing body of the municipality may adopt a resolution affirming the assessment of the lien against the subject property and, if adopted, the City Clerk shall file a copy of the resolution with the Municipal Tax Collector who shall record it and collect the moneys owed in the same manner as property taxes are assessed and collected.
A. 
It shall be unlawful for any person to violate any of the provisions of this chapter.
B. 
Each day that a violation continues, after the notice of violation and order for compliance has been served and the time specified in the order has expired, shall constitute a separate offense.
C. 
Any person who shall violate the regulations contained herein shall be subject to a fine of not less than $100 for each offense. The maximum penalties are set forth in Chapter 1, General Provisions, Article III.