There is hereby established, as a department of the City government, an Administration Department. The department head of the Administration Department shall be the City Manager.
The functions and duties of the Administration Department shall be to attend to the general administrative matters pertaining to City government, to assist in the performance of the functions and duties of the City Manager, to perform the functions and duties of the City Clerk, and to perform such other functions and duties as shall be prescribed by the City Manager.
A. 
The office of the City Clerk shall be an office within the Administration Department.
B. 
The head of the Office of the City Clerk shall be the City Clerk.
C. 
The Office of the City Clerk shall perform those functions and duties prescribed in the Charter and by general law as functions of the City Clerk, shall perform such additional administrative services related to the City government as shall be prescribed by the City Manager as well as such other functions and duties as may be prescribed by the City Manager; provided, however, that nothing herein contained shall be deemed to change, modify or eliminate any statutory duty or responsibility of the City Clerk.
A. 
If a vacancy occurs in the position of City Clerk for any reason other than expiration of term of office, the vacancy shall be filled in the following manner:
(1) 
If the vacancy occurs on or after September 1 in the next to the last year of the term of the City Clerk, then the City Council shall appoint a person to fill the position of City Clerk for the remainder of the unexpired term.
(2) 
If the vacancy occurs prior to September 1 in the next to the last year of the term of the City Clerk, the vacancy shall be filled for the unexpired term at the next ensuing general election, and the City Council may appoint a person to fill the position of City Clerk, temporarily, until such next election and the qualification of a successor City Clerk.
(3) 
Any person elected to serve the unexpired term of a City Clerk shall take office immediately after such election and upon qualifying therefor.
(4) 
For purposes of this section, the term of office of a City Clerk who has tenure of office shall be deemed to expire at the end of a three-year period which would correspond to the term of office of the City Clerk if such City Clerk had not received tenure, but had been elected for a normal three-year term at the same time as the Mayor and the Council member at large are elected, as prescribed by the Charter.
B. 
During the temporary absence of the City Clerk, or in the event that the position of City Clerk shall have become vacant, and while such vacancy shall remain unfilled (and unless the City Council shall have designated some other person to serve as acting City Clerk), the City Manager shall serve as the Acting City Clerk or, in the event of the temporary absence of the City Manager, or if a vacancy shall exist in that position as well, the Director of Finance and Data Processing shall serve as Acting City Clerk; provided, however, that the City Council may at any time designate some other person to serve as Acting City Clerk, and the provisions of this Subsection B shall apply only in the event that the Council shall not have taken such action.
C. 
Any action taken by any Acting City Clerk shall have the same effect and validity as taken by the City Clerk.[1]
[1]
Editor's Note: Original §§ 2-22, Office of Grants and Community Services, amended 2-3-1981 by Ord. No. 81-03, and 2-23, Public Assistance and Relocation Office, which immediately followed this section, were repealed 7-21-1981 by Ord. No. 81-32. (See § 3-17, Social Services and Relocation Office.) Original § 2-24, Office of Custodial Services, was repealed 2-3-1981 by Ord. No. 81-03.
[Added 3-16-1982 by Ord. No. 82-7]
A. 
The Social Services and Relocation Office shall, for administrative purposes, be an office within the Administration Department.
B. 
The head of the Social Services and Relocation Office shall be the Social Services and Relocation Officer.
C. 
The Social Services and Relocation Officer shall perform those social service functions prescribed by statute respecting administration of the City's social services, welfare and public assistance programs, shall serve as the City's Welfare Director, and shall perform those duties prescribed by statute respecting relocation obligations of the City government, together with such related functions and duties as may be prescribed by the Local Assistance Board or the City Manager, provided that nothing herein shall be deemed to change, modify or eliminate any statutory duty or responsibility of the Social Services and Relocation Officer with respect to the operation of the City's welfare and relocation programs and obligations.
[Added 7-7-1992 by Ord. No. 92-16]
A. 
Within the Administration Department there shall be a Division of Code Enforcement.
B. 
The head of the Division of Code Enforcement shall be the Chief Inspector.
C. 
The functions and duties of the Division of Code Enforcement shall include the following:
(1) 
Administering and enforcing the New Jersey State Uniform Construction Codes.[1]
[1]
Editor's Note: See Ch. 167, Construction Codes, Uniform.
(2) 
Administering and enforcing Chapter 250, Land Use, of the Code of the City of Englewood.
(3) 
Administering and enforcing Chapter 317, Property Maintenance of the Code of the City of Englewood.
(4) 
Administering and enforcing all of the statutes, codes and ordinances relating to the condition of properties or buildings within the City except where some other person or entity is designated as the enforcing agency therefor.
(5) 
Providing administrative services to the Board of Adjustment and providing assistance to the Board of Adjustment and to the Planning Board respecting matters in which the expertise of the Division may be of service to the Board of Adjustment or the Planning Board.
(6) 
Performing such other related functions and duties as shall be prescribed by the City Manager.
[Added 7-7-1992 by Ord. No. 92-16]
A. 
The Landlord-Tenant Office shall be an office within the Division of Code Enforcement.
B. 
The head of the Landlord-Tenant Office shall be the Administrative Assistant assigned to the Rent Board.
C. 
The functions and duties of the Landlord-Tenant Office shall be to provide necessary administrative and secretarial services to the Rent Board and, subject to directives and decisions of the Rent Board, to administer the provisions of Chapter 325, Article VII, Rent Leveling, of the Code of the City of Englewood and related ordinances of the City of Englewood, and to perform such related duties and functions as may be prescribed by the City Manager or the Chief Inspector.
A. 
The Human Resources Department shall be an office within the Administration Department.
B. 
The staff assistant to the City Manager shall be the head of the Human Resources Department.
C. 
The functions and duties of the Human Resources Department shall be to maintain the personnel records of City employees; to assist the City Manager in recruiting and hiring City employees; to provide such personnel administration services as the City Manager designates; and to assist the City Manager in carrying out the functions and duties of the City Manager with respect to administering the City's personnel ordinances and personnel policies.[1]
[1]
Editor's Note: Original § 2-26, Environmental Office, which immediately followed this section, was repealed 2-3-1981 by Ord. No. 81-03.
[Added 4-22-2009 by Ord. No. 09-10; amended 7-11-2023 by Ord. No. 23-19]
A. 
Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the City of Englewood's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985 (N.J.S.A. 52:27D-301 et seq.).
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADMINISTRATIVE AGENT
The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the City of Englewood to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.
MUNICIPAL HOUSING LIAISON
The employee charged by the City Council with the responsibility for oversight and administration of the affordable housing program for the City of Englewood.
C. 
Establishment of Municipal Housing Liaison position and compensation; powers and duties.
(1) 
Establishment of position of Municipal Housing Liaison. There is hereby established the position of Municipal Housing Liaison for the City of Englewood.
(2) 
The Office of Municipal Housing Liaison shall be an office within the Administration Department.
(3) 
Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the City Manager and may be a full- or part-time City employee.
(4) 
The City of Englewood shall appoint a specific municipal employee to serve as a Municipal Housing Liaison responsible for overseeing the City's Affordable Housing Program, including overseeing the administration of affordability controls on affordable units, and the affirmative marketing of available affordable units in accordance with the City's Affirmative Marketing Plan, fulfilling monitoring and reporting, and supervising any contracted administrative agent. The City shall adopt an ordinance creating the position of Municipal Housing Liaison and a resolution appointing the person to fulfill the position of Municipal Housing Liaison. The Municipal Housing Liaison shall be appointed by resolution of the governing body and may be a full- or part-time municipal employee. The Municipal Housing Liaison shall be approved by the Superior Court and shall be duly qualified through a training program sponsored by Affordable Housing Professionals of New Jersey before assuming the duties of Municipal Housing Liaison:
(a) 
The person appointed as the MHL must be reported to the Court and thereafter posted on the City's website.
(b) 
The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the City of Englewood, including the following responsibilities, working in conjunction with the administrative agent, or the administrative agent appointed by a specific developer:
[1] 
Serving as the municipality's primary point of contact for all inquiries from the state, affordable housing providers, administrative agents and interested households;
[2] 
When applicable, supervising any contracting administrative agent;
[3] 
Monitoring the status of all restricted units in the City's Fair Share Plan;
[4] 
Compiling, verifying, submitting and posting all monitoring reports as required by the Court and by this section;
[5] 
Coordinating meetings with affordable housing providers and administrative agents, as needed; and
[6] 
Attending continuing education opportunities on affordability controls, compliance monitoring and affirmative marketing at least annually and more often as needed.
(5) 
Compensation. Compensation shall be fixed at the time of the appointment of the Municipal Housing Liaison.
D. 
Establishment of administrative agent position and compensation; powers and duties.
(1) 
Subject to the approval of the Superior Court, the City shall designate one or more administrative agent(s) to administer and to affirmatively market the affordable units constructed in the City in accordance with UHAC and this section. An operating manual for each affordable housing program shall be provided by the administrative agent(s) to be adopted by resolution of the City Council and subject to approval of the Superior Court. The operating manual(s) shall be available for public inspection in the office of the City Clerk, in the office of the Municipal Housing Liaison, and in the office(s) of the administrative agent(s). The Municipal Housing Liaison shall supervise the work of the administrative agent(s).
(2) 
An administrative agent may be either an independent entity serving under contract to and reporting to the City or reporting to a specific individual developer. The fees of the administrative agent shall be initially paid by the developer and then the subsequent owners thereafter of the affordable units for which the services of the administrative agent are required. The City administrative agent shall monitor and work with any individual administrative agents appointed by individual developers. The administrative agent(s) shall perform the duties and responsibilities of an administrative agent as set forth in UHAC, including those set forth in N.J.A.C. 5:80-26.14, 5:80-26.16 and 5:80-26.18 thereof, which includes:
(a) 
Affirmative marketing:
[1] 
Conducting an outreach process to affirmatively market affordable housing units in accordance with the Affirmative Marketing Plan of the City of Englewood and the provisions of N.J.A.C. 5:80-26.15; and
[2] 
Notifying the following entities of the availability of affordable housing units in the City of Englewood: Fair Share Housing Center, the New Jersey State Conference of the NAACP, the Latino Action Network, the Bergen County NAACP, Jersey City NAACP, Paterson NAACP, Passaic NAACP, Hoboken NAACP, the Bergen County Housing Authority, Northeast New Jersey Legal Services, Bergen Urban League, Garden State Episcopal CDC, Bergen County Housing Coalition, Fair Housing Council of Northern NJ, New Jersey Community Development, Advance Housing, Paterson Habitat for Humanity, Family Promise of Bergen County, Saint Paul's Community Development Corp., the Supportive Housing Association of New Jersey, Islamic Center of New Jersey, Monarch Housing Associates, and the New Jersey Housing Resource Center.
(b) 
Household certification:
[1] 
Soliciting, scheduling, conducting and following up on interviews with interested households;
[2] 
Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a very-low-, low- or moderate-income unit;
[3] 
Providing written notification to each applicant as to the determination of eligibility or noneligibility;
[4] 
Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26.1 et seq.;
[5] 
Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located (Housing Region 1) comprising Bergen, Passaic, Hudson, and Sussex Counties;
[6] 
Employing a random selection process as provided in the Affirmative Marketing Plan of the City of Englewood when referring households for certification to affordable units; and
[7] 
Provide counseling or contracting to provide counseling services to very-low-, low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.
(c) 
Affordability controls:
[1] 
Furnishing to attorneys or closing agents forms of deed restrictions and mortgages for recording at the time of conveyance of title of each restricted unit;
[2] 
Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;
[3] 
Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the Bergen County Register of Deeds or Bergen County Clerk's office after the termination of the affordability controls for each restricted unit;
[4] 
Communicating with lenders regarding foreclosures; and
[5] 
Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.
(d) 
Resales and rerentals:
[1] 
Instituting and maintaining an effective means of communicating information between owners and the administrative agent, or any administrative agent appointed by a specific developer, regarding the availability of restricted units for resale or rerental; and
[2] 
Instituting and maintaining an effective means of communicating information to low- (or very-low-) and moderate-income households regarding the availability of restricted units for resale or rerental.
(e) 
Processing requests from unit owners:
[1] 
Reviewing and approving requests for determination from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership that the amount of indebtedness to be incurred will not violate the terms of this section;
[2] 
Reviewing and approving requests to increase sales prices from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the depreciated cost of central air-conditioning systems;
[3] 
Notifying the municipality of an owner's intent to sell a restricted unit; and
[4] 
Making determinations on requests by owners of restricted units for hardship waivers.
(f) 
Enforcement:
[1] 
Securing annually from the municipality a list of all for-sale affordable housing units for which tax bills are mailed to absentee owners, and notifying all such owners that they must either move back to their unit or sell it;
[2] 
Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the administrative agent, or any administrative agent appointed by a specific developer;
[3] 
Posting annually, in all rental properties (including legal two-family homes), a notice as to the maximum permitted rent for affordable units, together with the telephone number of the administrative agent, or any administrative agent appointed by a specific developer, where complaints of excess rent or other charges can be made;
[4] 
Sending annual mailings to all owners of affordable dwelling units, reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;
[5] 
Establishing a program for diverting unlawful rent payments to the City's Affordable Housing Trust Fund; and
[6] 
Creating and publishing a written operating manual for each affordable housing program administered by the administrative agent, or any administrative agent appointed by a specific developer, to be approved by the City Council and the Court, setting forth procedures for administering the affordability controls.
(g) 
Additional responsibilities:
[1] 
The administrative agent shall have the authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.
[2] 
The administrative agent shall prepare monitoring reports for submission to the Municipal Housing Liaison in time to meet the Court-approved monitoring and reporting requirements in accordance with the deadlines set forth in this subsection.
[3] 
The administrative agent, or any administrative agent appointed by a specific developer, shall attend continuing education sessions on affordability controls, compliance monitoring, and affirmative marketing at least annually and more often as needed.