[Amended 3-28-1978 by Ord. No. 514]
A.Â
Whenever the Uniform Construction Code Department of the Borough
of Ho-Ho-Kus, in its capacity as the enforcing agency of the Uniform
Construction Code Act and the State Uniform Construction Code, refuses
to grant an application or refuses to act upon an application for
a construction permit or makes any other decision pursuant or related
to the Act or the code, an owner or his authorized agent may appeal
in writing to the Construction Board of Appeals established by the
County of Bergen.
B.Â
The procedure for filing appeals shall be governed by the rules established
by the said Construction Board of Appeals in accordance with the Uniform
Construction Code Act and the regulations established by the Commissioner
of Community Affairs of the State of New Jersey.
C.Â
A record of all decisions made by the said Construction Board of
Appeals, properly indexed, shall be kept by the enforcing agency of
the Borough of Ho-Ho-Kus and shall be subject to public inspection
during business hours.
A.Â
Whenever the enforcing agency shall deny a completed application
for a construction permit, refuse or fail to act upon a completed
application for a construction permit, refuse to grant a variation
pursuant to Article 6 of the Act or make any other decision pursuant
or related to the Act or code, including the assessment of any monetary
penalties, an owner or his authorized agent may appeal to the Construction
Board of Appeals.
B.Â
The application for appeal shall be taken within 20 days of the receipt
of written notice of the denial or other decision on the application
for a construction permit. Where no notice of denial has been forthcoming,
appeal may be taken within 20 days after the expiration of 20 days
from the time of filing of a completed application for a construction
permit.
C.Â
The application for appeal shall be in writing, filed with the Board,
briefly setting forth the appellant's position. Such application shall
state the name and address of the appellant, the address of the building
or site in question and the permit number and shall reference the
specific sections of the code in question and the extent and nature
of the appellant's reliance on them. The appellant may append to his
written application any data or information that he may deem appropriate
to his cause. The enforcing agency shall make available to the Board
the full record of the application below, which shall include a detailed
explanation of the reasons for the denial of the appellant's request.
D.Â
The application for appeal shall be accompanied by a fee in the sum
of $50. An application for appeal shall not be considered complete
unless accompanied by the appeal fee.
E.Â
The time for appeal may be extended upon application to the Secretary
of the Board and shall be in writing or may be extended at any regular
or special meeting of the Board, by the affirmative vote of a majority
of the Board.
[Added 2-22-2011 by Ord. No. 978]
A.Â
The Construction Code Official shall in no case grant any permit
for the construction or alteration of any building or grant a certificate
of occupancy in respect to any building where the proposed construction
or alteration thereof would be in violation of this chapter and all
other applicable chapters of the Borough.
B.Â
It shall be the further duty of the Construction Code Official to
keep records of all applications for construction permits and of all
such permits issued, with a notation of all special conditions involved.
The Construction Code Official shall file and safely keep copies of
all plans and specifications submitted with such application, and
the same shall form a part of the records of his office and shall
be available to the Mayor and Council and all other officials of the
Borough until such time as he is directed by the Mayor and Council
to dispose of same.
C.Â
In addition to the complete plans and specifications, certified by
a New Jersey licensed architect or professional engineer, all applications
for construction permits for new and extended buildings and structures
shall be accompanied by a plot plan, in duplicate, drawn to scale,
showing the actual dimensions, radii and angles of a lot to be built
upon, the exact size and location on the lot of the building to be
erected and such other information as may be necessary to provide
for the enforcement of this chapter and all other pertinent chapters
of the Borough. Plot plans shall be certified by a New Jersey licensed
civil engineer or land surveyor.
D.Â
No construction permit shall be issued until written approval has
been received from the Plumbing Subcode Official and Health Official,
where applicable, and also, in appropriate cases, by the Borough Engineer
and Fire Protection Subcode Official.
E.Â
No construction or building permit shall be issued until written
certification has been received from the Tax Department and Water
Department that no taxes or assessments for local improvements are
due or delinquent on the property for which any application is made.
The Construction Code Official is hereby authorized to promulgate
appropriate procedures and forms to effect compliance with the provisions
herein.
[1]
Editor's Note: Former § 77-5, Hearing procedure,
was repealed 3-28-1978 by Ord. No. 514.
[Added 2-22-2011 by Ord. No. 978]
A.Â
Certificate of occupancy.
(1)Â
No land shall be occupied or used and no residential or nonresidential
building hereafter erected or altered shall be occupied or used, in
whole or in part, for any purpose whatsoever until a certificate of
occupancy shall have been issued by the Construction Code Official
stating that the premises or building complies with all the provisions
of this section. An application for a certificate of occupancy shall
be made in triplicate upon forms provided by the Construction Code
Official and accompanied by such plans, fees and other information
as may be required. A record of all certificates shall be kept on
file in the office of the Construction Code Official, and copies shall
be furnished upon request to any person having a proprietary or tenancy
interest in the building affected.
(2)Â
No permit for the excavation for or the erection of any building
shall be issued before application has been made for a certificate
of occupancy. No building or premises may be occupied until such certification
shall have been issued.
(3)Â
No certificate of occupancy shall be issued until all of the ordinances
of Ho-Ho-Kus have been complied with and a certificate has been issued
by the Board of Health stating that all of the provisions of its ordinances
have been complied with. This provision shall apply to new construction
only.
(4)Â
No certificate of occupancy shall be issued unless the house fronts
on a street improved in accordance with Borough specifications.
B.Â
Certificate of continued occupancy.
(1)Â
No residential or nonresidential property may be changed in tenancy,
use or ownership unless a certificate of continued occupancy has been
issued by the Borough Construction Code Official on forms provided
and the required fee paid for such inspection. The Construction Official,
or his designee, shall inspect any residential or nonresidential property
not more than 30 days prior to the change of any tenancy, use or ownership.
The Construction Official, with the approval of the Property Maintenance
Officer and Zoning Officer, shall issue a certificate of continued
occupancy, provided that there are no violations of law or order of
the Construction Official, Property Maintenance Officer and Zoning
Officer pending and it is established after inspections and investigation
of available municipal records that the use of the property has lawfully
existed. The certificate shall evidence that a general inspection
of the visible parts of the building, property and all equipment has
been performed, and there are no apparent visible violations of the
Borough of Ho-Ho-Kus ordinances, the New Jersey Construction Code,
the New Jersey Fire Code or any other applicable county, state or
federal codes, statutes or regulations. When a residential or nonresidential
structure is occupied by multiple users, a certificate of continued
occupancy shall be required for each change of ownership, use, occupancy
or tenancy for each such user.
(2)Â
An application for a certificate of continued occupancy shall be
made in writing on forms provided by the Ho-Ho-Kus Building Department.
Applications shall be submitted 25 business days prior to the proposed
change of tenancy, use or ownership. A certificate of continued occupancy
shall remain valid for one year from the date of issue. Upon receiving
the required completed application and fees, the Construction Code
Official, or his designee, shall inspect the property within 10 business
days. In the event that the Construction Code Official or his designee
declines to issue a certificate of continued occupancy, his reason(s)
for doing so shall be stated on a copy of the application, and said
application(s) shall be returned to the applicant. The applicant may
then resubmit the application once all of the violations have been
corrected to the satisfaction of the Construction Code Official or
his designee and request a reinspection.
C.Â
Temporary certificate of continued occupancy (TCCO). A temporary
certificate of continued occupancy (TCCO) may be issued in the event
that the violation(s) are not corrected and that a change in tenancy,
use or ownership is scheduled at a time that makes it impossible for
the violation(s) to be corrected. In such event, the applicant will
be subject to an additional fee and shall be required to post a cash
bond in the amount of $1,000 to guarantee that all violations will
be corrected by a specific date. Failure to correct the violation(s)
which led to the issuance of a TCCO by the date set forth shall result
in a forfeiture of the cash guarantee and also subject the applicant
to a fine under the penalty section set forth herein.
[1]
Editor's Note: Former § 77-6, Decisions, was repealed
3-28-1978 by Ord. No. 514.
[Added 2-22-2011 by Ord. No. 978]
Any person, firm or corporation who fails to submit a completed
application for a certificate of continued occupancy upon any change
in tenancy, use or ownership shall be liable to a fine of up to $1,000,
to be charged against the owner of record of the property at the time
the change of use, ownership or occupancy occurred. Said owner(s)
shall also be subject to a per diem charge of $100 for each day that
a completed application is not submitted, commencing from the day
of discovery by the Ho-Ho-Kus Building Department. Failure to correct
any violation(s) that led to the issuance of a TCCO by the date set
forth shall subject the applicant to a per diem charge of $100 for
each day until the violation(s) has been corrected.
[Added 2-22-2011 by Ord. No. 978]
