[Ord. No. 15-1976, § 1; Ord. No. 16-1981, § 1]
a.
There is hereby established in Weehawken a State Uniform Construction Code Enforcing Agency to be known as Building and Housing Department consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency.
b.
Each official position created in Subsection a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975 C.217 as amended and N.J.A.C. 5-23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C.217 and N.J.A.C. 5:23 to hold each such position.
c.
The public shall have the right to do business with the Enforcing Agency at one office location except for emergency, and unforeseen or unavoidable circumstances.
[Ord. No. 15-1976, § 1; Ord. No. 16-1981, § 1; Ord. No. 15-1985, § 1; Ord. No. 8-1986, § 1; Ord. No. 10-1990; Ord. No. 19-1994, § 1; Ord. No. 05-2008, § 1]
In the event any of the fees established under this subsection are in excess of those allowed pursuant to any law, rule or regulation to which such fee must conform, then in lieu of the fee indicated in the attached schedule, referred to in Section 1 of this ordinance, the applicable fee shall be the maximum allowed pursuant to the applicable law, rule or regulation limiting such fee.
a.
Basic fees.
Certificate of occupancy (residential) | $100 | |
Certificate of occupancy (commercial) | $200 | |
Certificate of continued occupancy | $120 | |
Temporary certificate of occupancy | $50 | |
Asbestos hazard abatement permit | $140 | |
Clearance Certificate | $28 | |
Lead hazard abatement permit | $140 | |
Clearance Certificate | $28 | |
Swimming pools: | ||
1. | Inground 550 sf< | $75 |
550 sf> | $150 | |
2. | Aboveground 550 sf< | $50 |
550 sf< | $100 | |
Demolition structure | ||
Less 5,000 sf | $150 | |
More 5,000 sf | $300 | |
Demolition — Interior | $65 | |
Storage tank (Res.) Install/Remove | $120 | |
Storage tank (Comm.) Install/Remove | $120 | |
Sign — Pylon | ||
Per square foot for the first 100 square feet | $4 | |
Per square foot for the next 400 square feet | $3 | |
Per square foot thereafter | $2 | |
Sign — Ground or wall | ||
Per square foot for the first 100 square feet | $2 | |
Per square foot for the next 400 square feet | $1.50 | |
Per square foot thereafter | $1 | |
Sign — Minimum fee | $46 | |
Administration fee | $25 | |
Change of contractor fee per subcode | $40 | |
Plan review — | ||
Plan review fee to be paid at the time of granting the permit. Fees shall be calculated as 20% of the fee to be charged for the construction permit. For projects which do not require plan review for all subcodes, the fee shall be 20% of the subcode fee which is applicable | 20% of fee | |
Plan review amendment — | ||
Any amendment or change to a set of plans that has already been released and issued an hourly fee of $45 per hour will be applied | $45 per hour of review | |
b.
Building subcode fees.
New construction/additions. The fee should be based on the volume of the structure as follows. The factor for calculation shall be $0.030 per cubic foot of volume for all buildings and structures of all use groups and types | $0.030 | |
Renovations/alteration/repairs** $46 per first $1,000 of estimated cost of work, provided that the minimum fee shall be $46**, $18*** per thousand for estimated cost above $1,000 but less than $100,000; $15**** per $1,000 for any estimated cost above $100,000 | Minimum *$46 **$46 ***$18 ****$15 | |
Roofing(1) (See above) | ||
Siding(1) (See above) | ||
Fence(1) (See above) | ||
Pool (See above) | ||
Decks(1) (See above) | ||
Garages (new or renovation)** | ** | |
Porch(1) (See above) | ** | |
Front steps(1) (See above) | ** | |
Back steps(1) (See above) | ** | |
Windows(1) (See above) | ** | |
Front door(1) (See above) | ** | |
Brick work(1) (See above) | ** | |
Aluminum siding(1) (See above) | ** | |
Curb cut application(1) | ** | |
Awning(1) (See above) | ||
Sidewalk application(1) | ||
A fee of $25 for the first 300 square feet of sidewalk construction and an additional $15 for each additional 100 square feet. | ||
Minimum building fee | $50 | |
(1) | Previous approval | |
c.
Electrical subcode fees.
Lighting fixtures 1-25 | $40 |
Each 25 additional | $10 |
Receptacles 1-25 | $40 |
Each 25 additional | $10 |
Switches 1-25 | $40 |
Each 25 additional | $10 |
Detectors, heat, smoke, carbon monoxide 1-15 | $40 |
Additional | $2 |
Light poles See lighting fixtures | |
Motors — hood, exhaust fan | |
Fraction up to 1HP | $10 |
All others | By size listed |
Emergency and exit lights 1-15 | $40 |
Additional | $2 each |
Communications points 1-15 | $40 |
Additional | $2 each |
Alarm devices/F.A.C. panels 1-15 | $40 |
Additional 2.00 each | |
Pool permit with UW lights | $35 |
Storable pool/hot tub | $50 |
Jacuzzi | $10 |
kW elective range/receptacle | $20 |
kW oven/surface unit | $20 |
kW electric water heater | $20 |
kW electric dryer/receptacle | $10 |
kW dishwasher | $10 |
HP garbage disposal (See HP motors) | By size listed |
kW central a/c unit | $20 |
Air handler | $20 |
Kitchen hood/microwave (See HP motors) | By size listed |
kW space heater (See kW) | By size listed |
A/C compressor (See HP or kW) | By size listed |
kW baseboard | $20 |
HP motors 1/+HP over 1HP to 5 HP | $20 |
Each additional 5 HP | $20 |
Fiber optic — per 50 feet | $46 |
AMP service panels/entrance/sub panels | |
Up to 200 AMP | $46 |
Each additional 100 AMPS | $15 |
Transformer/generators | |
1 kW to 45 kW | $46 |
45 kW to 112.5 kW | $92 |
Over 112.5 kW | $457 |
Refrigeration units (See HP or motors) (all others) | By size listed |
Thermostats | $20 |
Kitchen hood (Comm) See HP | By size listed |
kW dryer, receptacle (See above) | |
AMP motor control center (See motors or AMP) | |
kW electric signs/outline light | $20 |
Central heat | $20 |
Heat pump | $10 |
Others | $20 |
Minimum fee for electrical permit | $50 |
d.
Mechanical fees.
Water heater | Refer to plumbing |
Fuel oil piping | Refer to plumbing |
Gas piping | Refer to plumbing |
Steam boiler | Refer to plumbing |
Hot water boiler | Refer to plumbing |
Hot air furnace | Refer to plumbing |
Oil tank | Refer to plumbing |
LPG tank | Refer to plumbing |
Fireplace | Refer to plumbing and fire |
Minimum mechanical fee | $50 |
e.
Fire subcode fees.
*Alarm systems 1 — 5 devices any additional devices over 5: add $5 each (including alarm, supervisory and signaling devices) | $50+* |
Suppression systems | $120 |
Fire pumps | $92 |
C.p.m. type | $120 |
Dry pipe, alarm valves | $120 |
Pre-action valves | $120 |
Sprinkler heads | |
1 to 20 sprinkler heads | $65 |
21 to 100 sprinkler heads | $120 |
101 to 200 sprinkler heads | $229 |
201 to 400 sprinkler heads | $594 |
401 to 1,000 sprinkler heads | $822 |
Over 1,000 sprinkler heads | $1,050 |
Heat/smoke detectors | |
1 to 20 heat/smoke detectors | $65 |
21 to 100 heat/smoke detectors | $120 |
101 to 200 heat/smoke detectors | $229 |
201 to 400 heat/smoke detectors | $594 |
401 to 1,000 heat/smoke detectors | $822 |
Over 1,000 heat/smoke detectors | $1,050 One & two family dwelling unit $23 per unit |
Stand pipes | $229 |
Pre-engineer systems | $92 |
Kitchen hood exhaust system | $46 |
Gas or oil fired appliance | $46 |
Fireplace or wood burning stove | $46 |
Gasoline pump | $46 |
Incinerator | $365 |
Crematorium | $365 |
Minimum fire subcode fee shall be | $50 |
f.
Plumbing subcode fees.
Water closet | $15 |
Urinal, bidet | $15 |
Bathtub | $15 |
Lavatory | $15 |
Shower | $15 |
Floor drain | $15 |
Sink | $15 |
Dishwasher (residential) | $15 |
Dishwasher (commercial) | $15 |
Drinking fountain | $15 |
Washing machine | $15 |
Hose bib | $15 |
Water heater | $15 |
Fuel oil piping — First 50 feet | $46 |
Every additional 50 feet | $15 |
Gas piping — First 50 feet | $46 |
Every additional 50 feet | $15 |
LP gas tank | $15 |
Steam boilers | $65 |
Hot water boiler | $65 |
Sewer pump | $65 |
Ejector pump | $65 |
Interceptor, separator | $65 |
Backflow preventer | $65 |
Grease trap | $65 |
Sewer connection — per 50 feet | $65 |
Water service connection — per 50 feet | $65 |
Stacks, vents, conductors | $15 |
Garbage disposal | $15 |
Water softener | $15 |
Gas service connection | $65 |
Water cooler | $15 |
Water cooled air conditioners | $65 |
Active solar systems | $65 |
Inter sectors | $65 |
Indirect connections | $15 |
Gas stove | $15 |
Hydronic piping — per 50 feet | $15 |
Fireplace | $65 |
Hot air furnace | $65 |
Condenser | $65 |
Minimum fee for plumbing permit | $50 |
g.
(Reserved)
h.
(Reserved)
i.
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Building and Housing Department biannually, a report recommending a fee schedule based on the operating expenses of the Agency, and any other expenses of the Township fairly attributable to the enforcement of the State Uniform Construction Code Act.
j.
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the Enforcing Agency shall collect in addition to the fees specified above, a surcharge fee of $0.0006 per cubic foot of volume of new construction. The surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31, and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the Regulations first become effective, the fee shall be collected and remitted for the third and fourth quarter only.
[Ord. No. 10-1973, § 12-2.1]
No person shall move any structure through any streets of the Township without a permit issued as hereinafter provided.
[Ord. No. 10-1973, § 12-2.2]
Any person desiring to move any structure shall make application to the Clerk for a permit. The application shall designate the streets through which the moving will be done, the dimensions of the building, the estimated length of time required for such moving, and such other facts as the Clerk may require. The fee for the permit, as hereinafter provided, shall be deposited with the Clerk. The permit may be applied for by the owner of the structure to be moved or by the mover or contractor.
[Ord. No. 10-1973, § 12-2.3]
The applicant shall file with the Clerk a bond in the amount of $5,000 with sureties satisfactory to the Clerk, conditioned for the payment of any damage or injury to the trees, streets or other Township property along the designated route, and for the replacement of any trees or other Township property destroyed by the moving; and further conditioned for the payment of any additional fee due the Township for exceeding the time limit fixed for such moving.
[Ord. No. 10-1973, § 12-2.4]
The person receiving a permit shall, at his own expense, arrange for the removal of any wires or cables which may interfere with the moving. If any wires or cables which may interfere with the moving pertain to the fire alarm system or police telephone system or any other municipal system of the Township, then the person receiving such permit shall arrange for the removal of wires so as not to interfere in any manner with the continual operation of such systems of the Township.
[Ord. No. 10-1973, § 12-2.5]
All the moving operations as they relate to the problem of traffic shall be done under the supervision of the Chief of Police and at such times as may be fixed by the Chief of Police.
[Ord. No. 10-1973, § 12-2.6]
It shall be the duty and obligation of the contractor engaged in the moving operations to furnish and place barricades and detour signs which may be necessary for the proper diversion of motor vehicle traffic.
[Ord. No. 17-1975, § 1]
A certain document, three copies of which are on file in the office of the Township Clerk, be marked and designated as the BOCA Basic Housing and Property Maintenance Code 1975 and all subsequent Additions, Revisions, Addenda and Editions as published by the Building Officials Conference of America, Inc., be and is hereby adopted as the Housing and Property Maintenance Code of the Township of Weehawken in the State of New Jersey for the control of buildings and properties as herein provided, and each and all of the regulations, provisions, penalties, conditions and terms of the BOCA Basic Housing and Property Maintenance Code 1975 are hereby referred to, adopted and made a part hereof as if set forth fully in this section.
[Ord. No. 18-1978, § 1]
There exist in the Township buildings which are unfit for human habitation, occupancy or use due to dilapidation defects, which increase the hazards of fire, accidents or other calamities; lack of ventilation, light or sanitation facilities; or due to other conditions rendering such building or buildings, or parts thereof, unsafe, unsanitary, dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the Township, and there further exists the reasonable possibility that such buildings as are described heretofore may come into existence in the near future.
[Ord. No. 18-1978, § 2]
As used in this section:
Any building or structure or part thereof, whether used for human habitation or otherwise, and including any outhouses, sheds and appurtenances, belonging thereto or usually adjoined therewith.
The holder or holders of title in fee simple.
All individuals, associations or corporations who have interest of record in a building and any person who is in actual possession thereof.
Consistent with Section 1 of P.L. 2010, c. 70 (N.J.S.A. 2A:50-73), residential real estate where a notice of violation has been issued pursuant to Subsection b of Section 1 of N.J.S.A. 40:48-2.12s. Residential property shall further be deemed "vacant and abandoned" where a mortgaged property is not occupied by a mortgagor or tenant and at least two of the following conditions exist:
[Added 6-14-2017 by Ord. No. 09-2017]
Overgrown or neglected vegetation.
The accumulation of newspapers, circulars, flyers or mail on the property.
Disconnected gas, electric, or water utility services to the property.
The accumulation of hazardous, noxious, or unhealthy substances or materials on the property.
The accumulation of junk, litter, trash or debris on the property.
The absence of window treatments such as blinds, curtains or shutters.
The absence of furnishings and personal items.
Statements of neighbors, association management, delivery persons, or government employees indicating that the residence is vacant and abandoned.
Windows or entrances to the property that are boarded up or closed off or multiple window panes that are damaged, broken and unrepaired.
Doors to the property that are smashed through, broken off, unhinged, or continuously unlocked.
A risk to the health, safety or welfare of the public, or any adjoining or adjacent property owners, exists due to acts of vandalism, loitering, criminal conduct, or the physical destruction or deterioration of the property.
An uncorrected violation of a municipal building, housing, or similar code during the preceding year, or an order by municipal authorities declaring the property to be unfit for occupancy and to remain vacant and unoccupied.
The mortgagee or other authorized party has secured or winterized the property due to the property being deemed vacant and unprotected or in danger of freezing.
A written statement issued by any mortgagor expressing the clear intent of all mortgagors to abandon the property.
Any other reasonable indicia of abandonment.
[Ord. No. 18-1978, § 3; Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
The public officer, as designated herein, is hereby authorized to regulate and administer "abandoned properties" and "nuisance properties," pursuant to N.J.S.A. 55:19-78 et seq., and "unfit buildings," pursuant to N.J.S.A. 40:48-2.3 et seq. The Township Manager or his designee is hereby appointed as the public officer pursuant to N.J.S.A. 40:48-2.5.
[Ord. No. 18-1978, § 4; Ord. No. 14-2004, § 2]
For the purpose of the within section, the Township Manager or his designee may determine that a building is unfit for human habitation if he finds that conditions exist in such building which are dangerous to or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township. Such conditions may include the following, without limiting the generality of the foregoing: defects therein which increase the hazards of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair; structural defects or uncleanliness.
[Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
a.
Except as provided in N.J.S.A. 55:19-83, any property that has not been legally occupied for a period of six months may be deemed to be "abandoned property" upon a determination by the public officer that the property meets any one of the following additional criteria:
1.
The property is in need of rehabilitation in the reasonable judgment of the public officer, and no rehabilitation has taken place during that six-month period;
2.
Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the public officer pursuant to this section;
b.
Upon a determination by the public officer that a property is deemed to be "abandoned" pursuant to this section, the procedures set forth in N.J.S.A. 55:19-78 et seq. may be employed.
[Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
a.
A property may be determined to be a nuisance if:
1.
The property has been found to be unfit for human habitation, occupancy or use pursuant to N.J.S.A. 40:48-2.3;
2.
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
3.
The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the municipality has secured the property in order to prevent such hazards after the owner has failed to do so;
4.
The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards, and the owner has failed to take reasonable and necessary measures to remove the hazards; or
5.
The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.
[Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
The public officer shall promptly report to the Township Council any property alleged to be "unfit for human habitation" or "abandoned" or "a nuisance" pursuant to this section. The Township Council shall determine whether the property is "unfit for human habitation" or a "nuisance" as alleged, and such determination shall be memorialized by a resolution of the Council.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
The public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, shall identify abandoned property within the Township of Weehawken for the purpose of establishing an abandoned property list. The abandoned property list shall include, for each abandoned property identified, the tax block and lot number, the name of the owner of record, if known, and the street address of the lot. The public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, may add properties to the abandoned property list at any time, and may delete properties at any time when he or she finds that the property no longer meets the definition of an "abandoned property."
b.
An abandoned property shall not be included on the abandoned property list if rehabilitation is being performed in a timely manner, as evidenced by building permits issued and diligent pursuit of rehabilitation work authorized by those permits. A property on which an entity other than the Township has purchased or taken assignment from the Township of a tax sale certificate which has been placed on the abandoned property list may be removed if the owner of the certificate pays all municipal taxes and liens due on the property within 30 days after the property is placed on the list; provided, however, that if the owner of the certificate fails to initiate foreclosure proceedings within six months after the property was first placed on the list, the property shall be restored to the abandoned property list in accordance with the provisions of N.J.S.A. 55:19-103.
c.
The public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, shall establish the abandoned property list and any additions or deletions thereto by authorizing the publication of the list in the official newspaper of the Township, which publication shall constitute public notice, and, within 10 days after publication, shall send a notice, by certified mail, return receipt requested, and by regular mail, to the owner of record of every property included on the list. The published and mailed notices shall identify property determined to be abandoned, setting forth the owner of record, if known, the tax lot and block number and street address. The public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, in consultation with the Tax Collector, shall also send out a notice by regular mail to any mortgagee, servicing organization, or property tax processing organization that receives a duplicate copy of the tax bill pursuant to N.J.S.A. 54:4-64, Subdivision d. When the owner of record is not known for a particular property and cannot be ascertained by the exercise of reasonable diligence by the Tax Collector, notice shall not be mailed but instead shall be posted on the property in the manner as provided in N.J.S.A. 40:48-2.7. The mailed notice shall indicate the factual basis for the finding of the public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, that the property is abandoned property as that term is defined herein and in N.J.S.A. 55:19-54 and shall specify the information relied upon in making such finding. In all cases, a copy of the mailed or posted notice shall also be filed by the public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, in the office of the Hudson County Clerk. This filing shall have the same force and effect as a formal notice under N.J.S.A. 2A:15-6. The notice shall be captioned with the name of the Township of Weehawken as "plaintiff" and the name of the property owner as "defendant," as though an action had been commenced by the Township against the owner.
d.
An owner or lienholder may challenge the inclusion of his property on the abandoned property list by appealing that determination to the Township Council within 30 days of the owner's receipt of the certified notice or 40 days from the date upon which the notice was sent. An owner whose identity was not known to the public officer, or such other public officer designated or appointed by the Township Council pursuant to N.J.S.A. 40:48-2.5, shall have 40 days from the date upon which notice was published or posted, whichever is later, to challenge the inclusion of a property on the abandoned property list. For good cause shown, the Township Council shall accept a late filing of an appeal. Within 30 days of receipt of a request for an appeal of the findings contained in the notice, the Township Council shall schedule a hearing for redetermination of the matter. Any property included on the list shall be presumed to be abandoned property unless the owner, through the submission of an affidavit or certification asserting that the property is not an abandoned property, can demonstrate that the property was erroneously included on the list. The affidavit or certification shall be accompanied by supporting documentation, such as, but not limited to, photographs, repair invoices, bills and construction contracts. The sole ground for appeal shall be that the property in question is not abandoned property as that term is defined herein and in N.J.S.A. 55:19-54. The Township Council shall decide any timely filed appeal within 10 days of the hearing on the appeal and shall promptly, by certified mail, return receipt requested, and by regular mail, notify the property owner of the decision and the reasons therefor.
e.
The property owner may challenge an adverse determination of an appeal with the Township Council pursuant to Subsection d of this section by instituting, in accordance with the New Jersey Court Rules, a summary trial proceeding in the Superior Court, Hudson County. Such action shall be instituted within 20 days of the date of the notice of decision mailed by the Township Council. The sole ground for appeal and new hearing before the Superior Court shall be that the property in question is not an abandoned property as that term is defined in N.J.S.A. 55:19-54. The failure to institute an action of appeal on a timely basis shall constitute a jurisdictional bar to challenging the adverse determination, except that, for good cause shown, the court may extend the deadline for instituting the action.
f.
The Township shall promptly remove any property from the abandoned property list that has been determined by the Township Council or on appeal not to be abandoned and may, in its discretion, remove properties from said list whenever the Township Council deems such removal appropriate under the circumstances.
g.
The abandoned property list shall become effective, and the Township shall have the right to pursue any legal remedy with respect to properties on the list, at any time after at least one property has been placed on the list and following the expiration of the period for appeal with respect to that first property or upon the denial of an appeal brought by the property owner of that first property.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
Any interested party may submit a written request to the Township Council asserting that any property within the Township should be included on the abandoned property list. The written request must specify the street address and block and lot number of the property to be included and the grounds for its inclusion. Within 30 days of receipt of any such request, the Township Council shall provide a written response to the party, either indicating that the property will be added to the list or, if not, the reasons for not adding the property. For the purposes of this section, the term "interested parties" shall include any resident of the Township, any owner or operator of a business within the Township or any organization representing the interests of residents or business owners or otherwise engaged in furthering the revitalization and improvement of the neighborhood in which the property is located.
b.
Any interested party may participate in a redetermination hearing regarding the inclusion of a property on the abandoned property list. Upon written request by any interested party, the Township Council shall provide that party with at least 20 days' notice of any such hearing. The party shall provide the Township Council with notice at least 10 days before the hearing of its intention to participate and the nature of the testimony or other information that it proposes to submit at the hearing.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
An owner may request removal of their property from the abandoned properties list prior to sale of the tax sale certificate by paying all taxes and Township liens due, including interest and penalties, and:
1.
By posting cash or a bond equal to the cost of remediating all conditions because of which the property has been determined to be abandoned pursuant to N.J.S.A. 55:19-55 and by posting cash or a bond to cover the cost of any environmental cleanup required on the property, evidenced by a certification by a licensed engineer retained by the owner and reviewed and approved by the Township Council, stating that the cash or bond adequately covers the cost of the cleanup; or
2.
By demonstrating to the satisfaction of the Township Council that the conditions rendering the property abandoned have been remediated in full; provided, however, that where the Township Council finds that the owner is actively engaged in remediating the conditions because of which the property was determined to be abandoned, as evidenced by significant rehabilitation activity on the property, the Township Council may grant an extension of time of not more than 120 days for the owner to complete all work, during which time no further proceedings will be taken against the owner or the property.
b.
If the owner has posted cash or a bond in order to have a property removed from the abandoned property list and the conditions because of which the property was determined to be abandoned have not been fully remediated within one year of the date of posting the cash or bond, or, in the case of a property which requires a remediation of any known, suspected or threatened release of contaminants, if the owner has failed to enter into a memorandum of agreement with the New Jersey Department of Environmental Protection or an administrative consent order, as the case may be, or if an agreement or order is in effect but the owner has failed to perform the remediation in conformance with the agreement or order, then the cash or bond shall be forfeited to the Township, which shall use the cash or bond and any interest which has accrued thereon for the purpose of demolishing or rehabilitating the property or performing the environmental remediation. Any funds remaining after the property has been demolished, rehabilitated or cleaned up shall be returned to the owner.
[Ord. No. 18-1978, § 5]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the Uniform Construction Code, Chapter 23, Title 5, and such housing codes as have been adopted by the Township are established as standard to be used as a guide in determining the fitness of a building for human habitation, occupancy, or use. A copy of the Uniform Construction Code and such housing codes of the Township shall be placed on file in the office of the Township Clerk and shall be available for all persons to use and examine.
[Ord. No. 18-1978, § 6; New; Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
The determination of whether a building is "unfit for human habitation" or a "nuisance" shall be made by the Township Council pursuant to the procedure set forth in N.J.S.A. 40:48-2.5, as follows: Whenever a petition is filed with the public officer by a public authority or by at least five residents of the municipality charging that any building is unfit for human habitation or occupancy or use or constitutes a nuisance, or whenever it appears to the public officer on his own that any building is unfit for human habitation or occupancy or use or constitutes a nuisance, the public officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Township Council at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person or through an attorney and give testimony at the place and time fixed in the complaint. The strict rules of evidence prevailing in the courts of New Jersey shall not be controlling in hearings before the Township Council.
[Ord. No. 18-1978 § 7; New; Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
If, after such notice and hearing, the Township Council determines that the building under consideration is unfit for human habitation or occupancy or use or constitutes a nuisance, the Township Council shall set forth in its resolution findings of fact in support of such determination and shall issue and cause to be served upon the owner and parties in interest a copy thereof which shall contain an order:
a.
Requiring the repair, alteration or improvement of the said building to be made by the owner, within a reasonable time set forth therein, or, at the option of the owner, to vacate or have the said building vacated and closed within the time set forth therein; and
b.
If the Council also finds that the building is in such condition to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified, then the owner shall be required to remove or demolish the said building within a reasonable time as specified therein; and
c.
That if the owner fails to comply fully and timely with such order, the public officer may cause such building to be repaired, altered or improved, or to be vacated and closed, as directed by the Council; that the public officer may cause to be posted at the entrance(s) to any building so closed a notice stating that "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful;" and
d.
That if the owner fails to comply with an order to remove or demolish the building, the public officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement and award of bids therefor; and
e.
That the amount of the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges incurred in the course of any proceeding taken under this section, along with the cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the public officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, including the clearance and, if necessary, leveling of the site, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the Municipal Tax Collector, and a copy thereof shall be forthwith forwarded to the owner by certified mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the public officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court. Any owner or party in interest may, within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the municipal lien certificate.
[Ord. No. 18-1978, § 8; Ord. No. 14-2004, § 2]
Complaint or orders issued by the Township Manager or his designee pursuant to this section shall be served upon persons either personally or by registered mail; but if the whereabouts of such persons is unknown and the same cannot be ascertained by the Township Manager or his designee in the exercise of reasonable diligence, and the Township Manager or his designee shall make an affidavit to the effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the County of Hudson and circulating in the Township of Weehawken. A copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order, and a copy of such complaint or order shall be duly recorded or lodged for record with the County Recording Officer of the county in which the building is located.
[Ord. No. 18-1978, § 9; Ord. No. 14-2004, § 1, 2]
The Township Manager or his designee is hereby authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following, in addition to others herein granted:
a.
To investigate the building conditions in the Township in order to determine which buildings therein are unfit for human habitation.
b.
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
c.
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
Nothing in this section shall be construed to abrogate or impair the power of the Township or any officer or department to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof, and the powers conferred by this section shall be in addition and supplemental to the powers conferred upon the Township by any other law or ordinance. Whenever a provision of this section is found to be in conflict with a provision of a zoning, building, fire, health or other law, ordinance or regulation adopted pursuant thereto, the provision or requirement which is more restrictive or which establishes the highest standard shall apply.
[Ord. No. 14-2004, § 1; amended 6-14-2017 by Ord. No. 09-2017]
If an actual and immediate danger to life is posed by the threatened collapse of any fire-damaged or other structurally unsafe building, the public officer may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Added 4-26-2017 by Ord. No. 06-2017; amended 6-14-2017 by Ord. No. 09-2017]
a.
A creditor which has previously filed, or a creditor upon filing, a summons and complaint in an action to foreclose on a residential property within the Township is and shall be immediately responsible for the care, maintenance, security and upkeep of the exterior of the property after the property becomes vacant and abandoned as defined in this section.
b.
Where a creditor is located out-of-state, the creditor shall be responsible for appointing an in-state representative or agent to act on the creditor's behalf for the purpose of satisfying the requirements of paragraph a of this Subsection 9-4.12. Notice of the appointment of such representative or agent shall be filed with the Township Clerk within 10 days of the creditor's filing of a summons and complaint in an action to foreclose on a residential property within the Township, pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or within 10 days of the adoption of this subsection, whichever is later.
c.
Notice.
1.
The public officer shall be authorized to issue a notice to a creditor which has filed a summons and complaint in an action to foreclose on a residential property within the Township if he determines that the creditor has violated this section by failing to provide for the care, maintenance, security and/or upkeep of the exterior of a vacant and abandoned property. Where a creditor is an out-of-state creditor, the notice shall be issued to the representative or agent that has been identified by the creditor pursuant to Paragraph (1) of Subsection a of Section 17 of P.L. 2008, c. 127 (N.J.S.A. 46:10B-51) or thereafter in accordance with the requirements hereof.
2.
The notice referenced in this section shall require the creditor to correct the violation(s) within 30 days of receipt of the notice, or within 10 days of receipt of the notice if the violation presents an imminent threat to public health and safety.
3.
The issuance of a notice pursuant to this section shall constitute proof that a residential property is vacant and abandoned for the purposes of this section.
d.
Enforcement Officers. Administration and enforcement of the provisions of this § 9-4 shall be within the powers of the public officer, or the Township Manager or his designee, the Health Officer or any of their respective duly appointed representatives.
e.
Violations and penalties.
1.
A creditor subject to this section which is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of any applicable provision of this § 9-4 shall be subject to a fine of $1,500 for each day of the violation. Any fines imposed pursuant hereto shall commence 31 days following the receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case any fines shall commence 11 days following receipt of the notice.
2.
An out-of-state creditor subject to this section which is found by the Municipal Court of the Township, or by any other court of competent jurisdiction, to be in violation of the requirement to appoint an in-state representative or agent pursuant to this section shall be subject to a fine of $2,500 for each day of the violation. Any fines imposed on a creditor for the failure to appoint an in-state representative or agent shall commence on the day after the ten-day period set forth in Subsection 9-4.12 or on the 11th day after the effective date of this subsection, whichever is later.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
Notwithstanding the provisions of N.J.S.A. 54:5-19, or the provisions of any other law to the contrary, if a property is included on the abandoned property list and the property taxes or other Township liens due on the property are delinquent for six or more quarters as of the date of expiration of the right to appeal the property's inclusion on the list or, if an appeal has been filed, as of the date that all opportunities for appeal of inclusion on the list have been exhausted, then the tax lien on the property may be sold in accordance with the procedures of the Tax Sale Law, N.J.S.A. 54:5-1 et seq., on or after the 90th day following the expiration of that time of appeal or final determination on an appeal.
b.
The Township may, at its option, require that the sale of the tax sale certificate or any subsequent assignment or transfer of a tax sale certificate held by the Township be subject to the express condition that the purchaser or assignee shall be obliged to perform and conclude any rehabilitation or repairs necessary to remove the property from the abandoned property list pursuant to N.J.S.A. 55:19-55 and to post a bond in favor of the Township to guarantee the rehabilitation or repair of the property. The Township Council may waive a requirement to post a bond imposed by the Township for any purchaser, assignee or transferee of a tax sale certificate that provides documentation acceptable to the Township Council that the purchaser, assignee or transferee is a qualified rehabilitation entity as defined in N.J.S.A. 55:19-80. The cost of rehabilitation and repairs and the cost of the bond shall be added to the amount required to be paid by the owner for redemption of the property. The purchaser, assignee or transferee of the tax sale certificate who is required to rehabilitate and repair the property shall be required to file the appropriate affidavits with the Tax Collector, pursuant to N.J.S.A. 54:5-62, representing the amounts of monies expended periodically toward the rehabilitation or repair of the property. A purchaser, assignee or transferee shall be entitled to interest on the amounts expended, as set forth in the affidavits, at the delinquent rate of interest for delinquencies in excess of $1,500 in effect for the time period when the amounts were expended, pursuant to N.J.S.A. 54:4-67. The tax sale certificate purchaser, assignee or transferee, with the authority of the Township, shall be permitted to enter in and upon the property for the purposes of appraising the costs of rehabilitation and repair and to perform all other acts required to guarantee the completion of the rehabilitation or repair of the property. No rehabilitation or repair work shall be commenced, however, until proof of adequate liability insurance and an indemnification agreement, holding the Township harmless, has been filed with the Township Clerk.
c.
If the Township acquires the tax sale certificate for a property on the abandoned property list, then, upon 10 days' written notice to the property owner and any mortgagee as of the date of the filing of the notice pursuant to N.J.S.A. 55:19-55, the Township shall be permitted to enter upon the property and remediate any conditions that caused the property to be included on the abandoned property list. No remediation shall be commenced, however, if, within that ten-day period, the owner or mortgagee shall have notified the Township in writing that the owner or mortgagee has elected to perform the remediation itself. When the owner or mortgagee elects to perform the remediation itself, it shall be required to post bond in favor of the Township in order to ensure performance. The amount and conditions of the bond shall be determined by the Township Council.
d.
The cost of remediation incurred by the Township, as so certified by the entity incurring the cost upon completion of the remediation, shall constitute a lien upon the property first in time and right to any other lien, whether the other lien was filed prior to or after the filing of any lien by the Township, except for Township taxes, liens and assessments and any lien imposed pursuant to the Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., together with any interest thereon. The certification of cost shall be filed and recorded as a lien by the entity incurring the cost with the Hudson County Clerk.
e.
The clearance, development, redevelopment, or repair of property being maintained as an abandoned property pursuant to this chapter shall be considered a public purpose and public use, for which the power of eminent domain may be lawfully exercised.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
The Township may hold special tax sales with respect to those properties eligible for tax sale pursuant to N.J.S.A. 54:5-19 which are also on the abandoned property list.
b.
The Township Council shall establish criteria for eligibility to bid on properties at the sale, which may include, but need not be limited to:
1.
Documentation of the bidder's ability to rehabilitate or otherwise reuse the property consistent with Township plans and regulations; commitments by the bidder to rehabilitate or otherwise reuse the property, consistent with Township plans and regulations;
2.
Commitments by the bidder to take action to foreclose on the tax lien by a date certain; and
3.
Such other criteria as the Township Council may determine are necessary to ensure that the properties to be sold will be rehabilitated or otherwise reused in a manner consistent with the public interest.
c.
The Township Council may establish minimum bid requirements for a special tax sale that are less than the full amount of the taxes, interest and penalties due, to help ensure that the properties will be rehabilitated or otherwise utilized in a manner consistent with the public interest.
d.
The Township Council may combine properties in said special tax sale into bid packages and require that bidders place a single bid on each package, rejecting any and all bids on individual properties that are submitted.
e.
The Township Council may sell said properties subject to the provision that, if the purchaser fails to carry out any commitment that has been set forth as a condition of sale or misrepresents any material qualification that has been established as a condition of eligibility to bid pursuant thereto, then the properties and any interest thereto acquired by the purchaser shall revert to the Township, and any amount paid by the purchaser at the special tax sale shall be forfeit to the Township.
f.
In the event there are two or more qualified bidders for any property or bid package in a special tax sale, the Township may designate the unsuccessful qualified bidder whose bid was closest to the successful bid as an eligible purchaser. In the event that the selected purchaser of that property or bid package fails to meet any of the conditions of sale established by the Township pursuant to this section and their interest in the property or properties reverts to the Township, the Township may subsequently designate the entity previously designated as an eligible purchaser as the winning bidder for the property or properties and assign the tax sale certificates to that entity on the basis of that entity's bid at the special tax sale, subject to the terms and conditions of the special tax sale.
g.
The Township shall provide notice of a special tax sale pursuant to N.J.S.A. 54:5-26. The notice shall include any special terms of sale established by the Township pursuant to this section. Nothing shall prohibit the Township from holding a special tax sale on the same day as a standard or accelerated tax sale.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
When a person or entity other than the Township acquires a tax sale certificate for a property on the abandoned property list at tax sale, the purchaser may institute an action to foreclose the right of redemption at any time after the expiration of just six months following the date of the sale of the tax sale certificate.
b.
When the Township is the purchaser at tax sale of any property on the abandoned property list pursuant to N.J.S.A. 54:5-34, an action to foreclose the right of redemption may be instituted in accordance with the provisions of Subsection b of N.J.S.A. 54:5-77.
c.
After the foreclosure action is instituted, the right to redeem shall exist and continue to exist until barred by the judgment of the Superior Court; provided, however, that no redemption shall be permitted except where the owner:
1.
Posts cash or a bond equal to the cost of remediating the conditions because of which the property was determined to be abandoned pursuant to N.J.S.A. 55:19-56, as determined by the court; or
2.
Demonstrates to the court that the conditions because of which the property was determined to be abandoned have been remedied in full.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
If an entity other than the Township of Weehawken has purchased or taken assignment from the Township of a tax sale certificate on a property that has not been legally occupied for a period of six months, that property shall not be added to the abandoned property list under the following limited circumstances:
1.
The owner of the certificate has continued to pay all Township taxes and liens on the property in the tax year when due; and
2.
The owner of the certificate takes action to initiate foreclosure proceedings within six months after the property is eligible for foreclosure pursuant to either Subsection a or Subsection b of N.J.S.A. 54:5-86, as appropriate, and diligently pursues foreclosure proceedings in a timely fashion thereafter.
b.
A property used on a seasonal basis shall be deemed abandoned only if it meets any two of the additional criteria set forth in N.J.S.A. 55:19-81.
c.
A determination that a property is abandoned property under the provisions of this chapter and N.J.S.A. 55:19-78 et seq. shall not constitute a finding that the use of the property has been abandoned for purposes of municipal zoning or land use regulation.
d.
Upon the request of a purchaser or assignee of a tax sale certificate seeking to bar the right of redemption on an abandoned property pursuant to Subsection b of N.J.S.A. 54:5-86, the Township Council or the Tax Collector shall, in a timely fashion, provide the requester with a certification that the property fulfills the definition of an "abandoned property" according to the criteria established in N.J.S.A. 55:19-81 and N.J.S.A. 55:19-82.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
A summary action or other action to transfer possession and control of abandoned property in need of rehabilitation to the Township may be brought by the Township in the Superior Court, Hudson County. If the court shall find that the property is abandoned and that the owner or party in interest has failed to submit and initiate a rehabilitation plan, then the court may authorize the Township to take possession and control of the property and to develop its own rehabilitation plan for the property.
b.
Where the Township has been granted possession and control, the Township may commence and maintain further proceedings for the conservation, protection or disposal of the property, or any part thereof, that are required to rehabilitate the property, recoup the cost and expenses of rehabilitation, and for the sale of the property; provided, however, that the court shall not direct the sale of the property if the owner applies to the court for reinstatement of control and possession of the property as permitted by N.J.S.A. 55:19-92.
c.
Failure by the owner, mortgage holder or lienholder to submit a plan for rehabilitation to the Township, obtain appropriate construction permits or, in the alternative, submit formal applications for funding the cost of rehabilitation to local, state or federal agencies providing such funding, within the initial six-month period, shall be deemed clear evidence that the owner has failed to take any action to further the rehabilitation of the property.
d.
An owner may defend against a complaint filed pursuant to N.J.S.A. 55:19-84 by submitting a plan for the rehabilitation and reuse of the property which is the subject of the complaint and by posting a bond equal to 125% of the amount determined by the Township Council or the court to be the projected cost of rehabilitation.
e.
Any plan submitted by an owner to defend against a complaint shall be submitted within 60 days after the complaint has been filed, unless the court provides the owner with an extension of time for good cause shown. A plan submitted by an owner pursuant to this section shall include, but not be limited to:
1.
A detailed financial feasibility analysis, including documentation of the economic feasibility of the proposed reuse, including operating budgets or resale prices, or both, as appropriate;
2.
A budget for the rehabilitation of the property, including sources and uses of funds, based on the terms and conditions of realistically available financing, including grants and loans;
3.
A timetable for the completion of rehabilitation and reuse of the property, including milestones for performance of major steps leading to and encompassing the rehabilitation and reuse of the property; and
4.
Documentation of the qualifications of the individuals and firms that will be engaged to carry out the planning, design, financial packaging, construction, and marketing or rental of the property.
f.
Where the court approves the rehabilitation plan of the owner or other party in interest, then it may appoint the Township Council to act as monitor of compliance and progress. If the owner fails to carry out any step in the approved plan, then the Township may apply to the court to have the posted bond forfeited, to transfer possession of the building to the Township to complete the rehabilitation plan, and to grant authorization to use the bond proceeds for the rehabilitation. The owner or other party in interest shall provide bimonthly reports to the Township Council on its activities and progress toward rehabilitation and reuse of the property.
g.
If an owner is unsuccessful in defending against a complaint filed pursuant to N.J.S.A. 55:19-84, the mortgage holder or lienholder may seek to be designated in possession of the property by submitting a plan and posting a bond meeting the same conditions as set forth in N.J.S.A. 55:19-87. Their plan must be submitted within 60 days following the court's rejection of the owner's plan, unless the court provides the mortgage holder or lienholder with an extension of time for good cause shown. If the court approves any such mortgage holder or lienholder's plan, it shall designate that party to be in possession of the property for purposes of ensuring its rehabilitation.
h.
The mortgage holder or lienholder, as the case may be, shall provide bimonthly reports to the court and the Township Council on its activities and progress toward rehabilitation and reuse of the property. If the mortgage holder or lienholder fails to carry out any material step in the approved plan, then the Township Council shall notify the court, which may order the posted bond forfeit, grant the Township possession of the property, and authorize the Township to use the proceeds of the bond for rehabilitation of the property.
i.
Any sums incurred or advanced for the purpose of rehabilitating the property by a mortgage holder or lienholder granted possession of a property, including court costs and reasonable attorneys' fees, may be added to the unpaid balance due to that mortgage holder or lienholder, with interest calculated at the same rate set forth in the note or security agreement, or, in the case of a tax lienholder, at the statutory interest rate for subsequent liens.
j.
If no mortgage holder or lienholder meets the conditions of N.J.S.A. 55:19-88, then the Township may submit a plan to the court which conforms with the provisions of N.J.S.A. 55:19-87. Such plan shall designate whether the Township or a qualified rehabilitation entity shall undertake the rehabilitation plan in accordance with the provisions of N.J.S.A. 55:19-90.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
The Township Council may designate a qualified rehabilitation entity for the purpose of exercising the Township's rights, where that designation will further the rehabilitation and reuse of the property consistent with Township plans and objectives.
b.
Regardless of whether the Township exercises its rights directly or the Township Council designates a qualified rehabilitation entity pursuant to this section, the Township shall maintain, safeguard, and maintain insurance on the property while in possession of such property. Notwithstanding the Township's possession of the property; the owner of the property shall not be relieved of any civil or criminal liability or any duty imposed by reason of acts or omissions of the owner.
c.
The court may approve the borrowing of funds by the Township to rehabilitate the property and may grant a lien or security interests with priority over all other liens or mortgages other than municipal liens. Prior to granting this lien priority, the court must find as follows:
1.
The Township sought to obtain the necessary financing from the senior lienholder, which declined to provide such financing on reasonable terms;
2.
The Township sought to obtain a voluntary subordination from the senior lienholder, which refused to provide such subordination; and
3.
Lien priority is necessary in order to induce another lender to provide financing on reasonable terms. No lien authorized by the court shall take effect unless recorded with the Clerk of Hudson County.
d.
Where the Township has designated a qualified rehabilitation entity to act on its behalf, the qualified rehabilitation entity shall provide bimonthly reports to the Township Council on its activities and progress toward rehabilitation and reuse of the property. The Township or qualified rehabilitation entity, as the case may be, shall provide such reports to the court as the court determines to be necessary. If the court finds that the Township or its designee has failed to take diligent action toward rehabilitation of the property within one-year from the grant of possession, then the court may request that the Township designate another qualified rehabilitation entity to exercise its rights, or if the Township fails to do so, may terminate the order of possession and return possession and control of the property to its owner.
e.
The Township shall file a notice of completion with the court, and shall also serve a copy on the owner and any mortgage holder or lienholder, at such time as the Township has determined that no more than six months remain to the anticipated date on which rehabilitation will be complete. This notice shall include an affidavit of the Township Council attesting that the rehabilitation is anticipated to be completed within six months and a statement setting forth the actions as it plans to undertake consistent with the plan.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
An owner may petition for reinstatement of the owner's control and possession of the property at any time after one-year from the court's removal of possession, but no later than 30 days after the Township has filed a notice of completion with the court or, in the event the notice of completion is filed within less than one year of the grant of possession, within 30 days after the Township has filed said notice.
b.
The court may allow additional time for good cause if that additional time does not materially delay completion of the rehabilitation, place undue hardship on the Township or affect any of the terms or conditions under which the Township has applied for or received financing for the rehabilitation of the property.
c.
If the owner fails to petition for the reinstatement of control and possession of the property within 30 days after the Township has filed a notice of completion or, in any event, within two years after the initial grant of possession, or if the owner fails to meet any conditions that may be set by the court in granting a reinstatement petition, the court may grant the Township title or authorize the Township to sell the property, subject to the provisions of N.J.S.A. 55:19-96.
[Added 6-14-2017 by Ord. No. 09-2017]
a.
The Township Council, with the approval of the court, may place a lien on the property to cover any costs of the Township in connection with any proceeding under N.J.S.A. 55:19-78 et seq., incurred prior to the grant by the court of an order of possession, which may include costs incurred to stabilize or secure the property to ensure that it can be rehabilitated in a cost-effective manner. Any such lien shall be considered a Township lien for the purposes of N.J.S.A. 54:5-9, with the rights and status of a Township lien pursuant thereto.
b.
Where the Township seeks to gain title to the property, it shall purchase the property for fair market value on such terms as the court shall approve and may place the proceeds of sale in escrow with the court.
c.
The court may authorize the Township to sell the building free and clear of liens, claims and encumbrances, in which event all such liens, claims and encumbrances shall be transferred to the proceeds of sale with the same priority as existed prior to resale in accordance with the provisions of this section, except that municipal liens shall be paid at settlement. The proceeds of the purchase of the property shall be distributed as set forth in N.J.S.A. 55:19-97.
d.
Upon approval by the court, the Township shall sell the property on such terms and at such price as the court shall approve and may place the proceeds of sale in escrow with the court. The court shall order a distribution of the proceeds of sale after paying court costs in the order of priority set forth in N.J.S.A. 55:19-97.
e.
With the exception of the holding of special tax sales pursuant to N.J.S.A. 55:19-101, the remedies available under N.J.S.A. 55:19-78 et seq. shall be available to the Township with respect to any abandoned property, whether or not the Township has established an abandoned property list and whether or not the property at issue has been included on any such list.
[Ord. No. 10-1973, § 7-4.1]
For the purpose of this section: Boarding House, Rooming House, Lodging House, Hotel or Furnished Apartment House shall mean:
a.
A structure where sleeping or lodging rooms or facilities are afforded three or more persons for pay.
b.
A structure where furnished apartments are let to a person for any period of time less than one month at any one time and notwithstanding that the structure shall also be used as a dwelling or tenement.
[Ord. No. 10-1973, § 7-4.2]
No building or parts of buildings shall be used as a boarding house, rooming house, lodging house, furnished apartment house or hotel before the person desiring such use makes application and receives from the Construction Official and Superintendent of Buildings a permit authorizing such use. This permit shall be issued only to persons of good moral character and shall not be transferable. Permits shall run from January 1 of each year and shall terminate on the last day of December following. Application for renewal of permits shall be the same as if an original permit were applied for. The permit shall be signed by the Construction Official and Superintendent of Buildings, and shall be posted in a prominent place in the house.
No permit shall be issued, however, unless the building complies with all provisions of this section, all other ordinances of the Township, ordinances of the Board of Health of the Township, and all statutes or regulations of the State of New Jersey, or of any department or agency thereof.
[Ord. No. 10-1973, § 7-4.3]
All applications for permits must be in writing and presented to the Construction Official and Superintendent of Buildings on blanks to be furnished by the Construction Official and Superintendent of Buildings; stating the name of the applicant, his address, his occupation and, if he is not the owner of the building, the location where business is to be conducted, the number of rooms or furnished apartments in the building, and which rooms are to be occupied as sleeping rooms or furnished apartments, together with the sanitary facilities which include wash basins and toilets.
[Ord. No. 10-1973, § 7-4.4]
Before a permit is issued the person making the application shall file plans in duplicate of each floor of the building used for the purpose herein mentioned, which plan shall be drawn to scale of not less than 1/4 inch to a foot showing all fire escapes, stairs, halls, bedrooms, furnished apartments and exits of each floor and a statement in writing showing the number of lodgers housed on each floor, the number of occupants of each furnished apartment and the number of lodgers to be housed in each room, which shall be written in on the plans submitted.
[Ord. No. 10-1973, § 7-4.5]
Buildings over two stories in height for which a permit is issued shall be equipped with a fire escape conforming with the tenement house law of the State of New Jersey, except that no building three or more stories in height and containing more than 10 bedrooms shall hereafter be used as a boarding house, rooming house, lodging house, hotel or furnished apartment house, unless the building shall be equipped with at least two fire escapes, likewise conforming with the tenement house law of the State of New Jersey, placed upon opposite sides of the building and reaching from the topmost story thereof to the ground. The exits to these fire escapes shall be at least three feet in width and shall at all times be open and unencumbered so that there shall be no obstruction to their use. Doors leading to the fire escapes shall be hung so that they open outwardly and can be unfastened by anyone on the inside. All exits shall be provided with a red light which shall be kept burning during the hours from 6:00 p.m. to 7:00 a.m.
[Ord. No. 10-1973, § 7-4.6]
No more than four occupants shall be permitted to sleep in one sleeping room. No more than four occupants shall be permitted to sleep in each bedroom of a furnished apartment, except in dormitories. However, there shall not be more than one occupant to every 50 square feet of floor space in any room or dormitory. Each room or furnished apartment shall have adequate ventilation, heat and sanitary facilities. There shall be in each house at least one toilet and one wash basin for the accommodation of a maximum of 12 persons of each sex.
[Ord. No. 10-1973, § 7-4.7]
All bedrooms shall have sufficient heat furnished during the heating season, namely from October 15 to May 15, from 7:00 a.m. daily to 10:00 p.m. daily. The temperature in the bedrooms during these hours and the period of time fixed shall not be less than 68° F., and if individual heat equipment is installed, such heating units shall be approved by the Construction Official and the Superintendent of Buildings before installation.
[Ord. No. 10-1973, § 7-4.8]
The permittee shall at all times comply with all local, County and State health and sanitary regulations and requirements, all fire and police regulations and requirements, all building regulations and requirements, the Building Code of the Township, and regulations prescribed by the Statutes of the State of New Jersey.
[Ord. No. 10-1973, § 7-4.9]
The lodging of relatives by marriage or blood of the permittee shall not come within the terms of this section.
[Ord. No. 10-1973, § 7-4.10]
a.
Every person conducting any boarding house, rooming house, lodging house, hotel or furnished apartment house shall at all times keep therein a standard hotel register in which shall be inscribed in ink the name and home address of every guest or person renting or occupying a room, rooms or furnished apartment therein. The name or names of the guests shall be recorded upon the register by the persons themselves, and if they cannot write, the name shall be written in by the person renting the room or furnished apartment, stating that the person to occupy the room or furnished apartment could not sign his name. The person renting the room or furnished apartment shall write opposite the name of each guest the number of the room or furnished apartment assigned to the guest and the time when the same is rented, whether a.m. or p.m. and until all such entries have been made in the register no guest shall be permitted to occupy privately any room or furnished apartment in the house. At any time any room or furnished apartment is surrendered, it shall be the further duty of the owner to enter the time thereof in the register opposite the name or names of all the persons making the surrender. This register shall be open at all times to the inspection of any guest of the house and any police officer of the Township.
In case a reference book or other record is kept in addition to the standard hotel register, the information herein required in whole or in part may be kept in the reference book or record and all entries therein shall be a part of the boarding house, rooming house, lodging house, hotel or furnished apartment house record and shall be subject to the same inspection as the standard hotel register kept.
b.
It shall be unlawful for any person to write or cause to be written in any register in any boarding house, rooming house, lodging house, hotel or furnished apartment house any other or different name than the true name of the person or the name by which the person is generally known.
[Ord. No. 10-1973, § 7-4.12]
No room in any boarding house, rooming house, lodging house, hotel or furnished apartment shall be rented for sleeping or lodging purposes more than once between the hours of 6:00 p.m. and 6:00 a.m. of the following day except to bona fide travelers with baggage.
[Ord. No. 10-1973, § 7-4.13]
Every person conducting a boarding house, rooming house, lodging house, hotel or furnished apartment house shall cause each sleeping room or furnished apartment in the house to be numbered in a plain and conspicuous manner. The number shall be placed on the outside door of the room or furnished apartment, and no two rooms or furnished apartments shall bear the same number.
[Ord. No. 10-1973, § 7-4.14]
Permits issued under this section may be revoked by resolution of the Township Council whenever it shall find that the permittee or agent has violated the provisions of this section or permitted the same to be violated, or has violated any other ordinance of the Township or any statutes of the State of New Jersey, in the conduct of the business for which this permit is granted; provided that no permit shall be revoked unless charges in writing shall first have been filed with the Township Clerk, setting forth with reasonable certainty the nature of the charges against the permittee. Upon the filing of charges, the Township Council shall fix the time and place for hearing of the charges, and a copy of the charges as filed together with notice of time and place of hearing shall be served on the permittee at least five days prior to the date fixed by the Township Council for the hearing.
Any notice thereof for charges against the permittee shall be served either:
a.
By delivering a copy personally to the permittee.
b.
By leaving a copy with some person of suitable age and discretion in the place of business of the permittee, or if no such person can be found at the place of business of the permittee, by leaving notice in a conspicuous place on the premises and leaving a copy of the notice for the permittee at his place of residence as set forth in his application for a permit.
At the hearing of charges, the permittee shall have the right to appear and defend the charges and, if he so desires, to be represented by counsel.
[Ord. No. 10-1973, § 7-4.15]
Any inspections which may be made by the Construction Official and Superintendent of Buildings, or anyone duly authorized by him to make such inspections, may be made before or after the permit is issued, at all reasonable hours.
[Ord. No. 10-1973, § 7-4.16]
This section is not adopted for revenue, but is regulatory and is enacted to safeguard the health, life and safety of the occupants of the building wherein the permit is issued. Each permittee shall pay an annual fee of $5 for the permit required under this section.
[Ord. No. 10-1973, § 16-3.1]
As used in this section:
Includes all houses and dwellings, stores and business places, and other buildings which shall front upon any street in the Township.
[Ord. No. 10-1973, § 16-3.2]
The Engineer shall plot upon the tax maps of the Township all of the properties which now or hereafter front upon any street and designate and assign a number therefor.
[Ord. No. 10-1973, § 16-3.3]
All buildings now or hereafter erected within the Township shall bear in figures the street number assigned to the building on the tax maps of the Township. This figure shall be displayed by the owner or occupant on the front of the building or in the front yard in numerals at least three inches in height, at or near the front entrance to the building and so located as to be visible to persons passing by the building or premises on the abutting street.
[Ord. No. 10-1973, § 16-3.4]
The Engineer upon completion of the plotting upon the tax maps of the Township of the numbers assigned to all lots and buildings on any particular street shall file a copy thereof with the Township Clerk.
[Ord. No. 10-1973, § 16-3.5]
Upon any subdivision or resubdivision of land in the Township resulting in a lot or lots other than those delineated on the map, the Engineer shall assign a number to each lot resulting from the subdivision or resubdivision, which number shall be in proper numerical sequence in relation to the number assigned to the other lots fronting on the same street, and he shall record the new numbers on the map within 10 days of the filing of the approval given for such subdivision or resubdivision of land.
[Ord. No. 10-1973, § 16-3.6]
No subdivision or resubdivision of land, major or minor, requiring approval by the Planning Board shall be approved by it unless a number has been assigned by the Engineer to each lot for the building erected or to be erected on it.
[Ord. No. 10-1973, § 16-3.7]
No certificate of occupancy shall be issued by the Construction Official or anyone in his department for the occupancy of any building hereinafter erected or enlarged unless the provisions of this section have been complied with.
[Ord. No. 13-1978, § 1-3]
a. CODE LETTER
Definition. As used in this section:
A letter from the Construction Official of the Township advising an applicant whether a piece of property is within a flood hazard area and whether such property contains zoning and building violations.
b.
All applications for a code letter shall be made to the Construction Official of the Township.
c.
There is hereby established an application fee for each code letter for each premises the sum of $20, payable to the Township.
[Ord. No. 13-2004, § 1; amended 3-14-2018 by Ord. No. 04-2018]
a.
The provisions of this Subsection 9-7.2 shall apply only to real property meeting the following criteria: any improved property within the Township of Weehawken which is either used for residential purposes, or which is equipped for use for residential purposes or which is zoned for use for residential purposes, and which is classified either in the records of the Weehawken Tax Office or in the records of the Weehawken Building Department as having five or fewer units. This section shall apply to individual condominium units and cooperative apartments.
b.
Prior to the resale of any property to which this Subsection 9-7.2 is applicable, a certificate of continued occupancy and compliance shall be required. Such certificate shall be issued by the Construction Official, with the consents of:
1.
The Zoning Officer (as to matters within the Weehawken Zoning Ordinances and regulations);
2.
The Fire Official (as to conformance with New Jersey and any local laws, ordinances and regulations relating to fire extinguishers and smoke-sensitive and carbon monoxide alarm devices); and
3.
The Rent Leveling Board Secretary or Administrator (as to compliance with the registration requirements of the Weehawken Rent Leveling Ordinance).
c.
The Construction Official shall issue a certificate of continued occupancy and compliance only upon determining that:
1.
There are no outstanding violations of law or orders of the Construction Official; and
2.
The Zoning Officer has determined that there are no violations of the Weehawken Zoning Ordinances or regulations; and
3.
The Rent Leveling Board Secretary or Administrator has determined that there are no violations of the registration requirements of the Weehawken Rent Leveling Ordinance; and
4.
The Fire Official has determined that the property is in conformance with New Jersey and any local laws, ordinances and regulations relating to fire extinguishers and smoke-sensitive and carbon monoxide alarm devices.
d.
The owner or contract purchaser of the property (or such person's authorized agent) shall file an application for a certificate of continued occupancy and compliance upon such form as shall be adopted by the Construction Official, with the approval of the Township Manager, and shall pay an application fee of $25 per residential unit to the Township of Weehawken to defray the administrative costs of inspections and issuance of the certificate of continued occupancy and compliance.
e.
If the Construction Official declines to issue a certificate of continued occupancy and compliance, the reasons therefor shall be stated on the application, and a copy thereof shall be returned promptly to the applicant.
f.
A record of all certificates of continued occupancy and compliance shall be kept in the office of the Construction Official.
[Ord. No. 6-1981]
N.J.S.A. 40:57-1 provides that the Township Council may adopt ordinances to require the owners of real estate abutting on any street or highway to erect fences, walls, or other safeguards for the protection of persons from injury from unsafe places on the real estate.
[Ord. No. 6-1981, § 1]
There exists in the Township parcels of unimproved real property abutting on streets of Weehawken which contain unsafe places that increase the hazards of accidents or other calamities. These places are dangerous or detrimental to health or safety or otherwise inimical to the welfare of the residents of the Township.
[Ord. No. 6-1981, § 2]
The Construction Official of the Township is hereby designated as the officer to exercise the powers prescribed by the within section and he shall serve in such capacity without any additional salary.
[Ord. No. 6-1981, § 3]
For the purpose of this section the Construction Official may determine that a parcel of unimproved real property contains unsafe places if he finds that conditions exist which are dangerous to or injurious to the health or safety of the users of such property, minors trespassing on such property, or other residents of the Township.
[Ord. No. 6-1981, § 4]
Whenever a complaint is filed with the Construction Official by petition of at least five residents of Weehawken charging that any unimproved real property abutting on a street of Weehawken contains unsafe places, he shall cause to be served by registered mail upon the owner of the property as listed in the records of the Tax Collector a copy of the complaint and a notice that a hearing will be held before the Construction Official at the Municipal Court not less than seven days nor more than 30 days of the serving of the copy of the complaint. The notice shall further state that the owner shall be given the right to file an answer to the complaint and to appear in person or otherwise and give testimony at the hearing.
[Ord. No. 6-1981, § 5]
If, after such notice and hearing, the Construction Official determines that property under consideration is unsafe or contains unsafe places, he shall state, in writing, the finds of fact in an order requiring:
a.
The erection of fences or other safeguards to be made by the owner within a reasonable time which time shall be set forth in the order.
b.
If the owner fails to comply with the order, the Construction Official may cause the erection of fences or other safeguards to be made.
c.
The amount of any charges incurred in the course of any proceeding taken under this section and the costs of the erection of fences or other safeguards shall be a municipal lien against the real property. A statement of charges and costs due shall be filed with the Tax Collector and a copy shall be forwarded to the owner by registered mail.
The remedies in this section shall be in addition to the remedies provided in any other Statute, regulations or ordinance. (New)
[Ord. No. 3-1981]
Landlords' failure to furnish heat to any residence occupied by residents of Weehawken imposes an emergency and a hardship upon the persons residing in the building. Chapter 170 Laws of New Jersey 1980 provides statutory authority for a governing body to enact enabling legislation to implement the policies and requirements set forth in that statute.
[Ord. No. 3-1981, § 1]
Every landlord or owner of a building designed to be occupied or occupied as a residence shall be required to supply heat pursuant to N.J.S.A. 26:3-31 and amendments thereto. Maintaining less heat than required by R.S. 26:3-31 and amendments thereto shall constitute a violation of this section.
[Ord. No. 3-1981, § 2]
The Board of Health and its investigators are hereby authorized to enforce this section.
[Ord. No. 3-1981, § 3]
The Board of Health and its investigators are hereby designated to act whenever necessary to protect the health and safety of residential tenants. Pursuant to this section and the Statutes of New Jersey, they are empowered to act as an agent for a landlord in engaging a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and to refine the burner to restore the proper heating of any residential property.
[Ord. No. 3-1981, § 4]
The Board of Health and its investigators may take the action set forth in Subsection 9-9.4 provided that at least 12 hours have elapsed, if the outside air temperature is between 33° and 55° F. inclusive, or at least four hours have elapsed, if the outside air temperature is 32° F. or less since a tenant has lodged a complaint with any Township Officer or agency prior to which complaint a bona fide attempt has been made by the tenant or his representative to notify the landlord of the lack of heat, and the landlord has failed to take appropriate action.
[Ord. No. 3-1981, § 5]
The Township may issue a voucher to a fuel oil dealer engaged pursuant to Subsection 9-8.4 for the money amount due on the fuel oil delivered and the service charge for refiring the burner. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[Ord. No. 3-1981, § 6-7]
a.
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to Subsection 9-9.4 shall be liable to a civil penalty as established in Chapter 1, § 1-5 for each affected dwelling unit in the property. The penalty shall be recoverable by the Township in a civil action by a summary proceeding under N.J.S.A. 2A:58-1 et seq. This action shall be brought in the Superior Court, County District Court or Weehawken Municipal Court.
[Ord. No. 3-1981, § 8]
In any penalty enforcement proceeding brought pursuant to this section, the Court shall also order the landlord or his agent to reimburse the Township for the actual costs incurred for any fuel oil delivered and the service charge for refiring the burner and for reasonable attorney's fees and costs. The Court shall further be empowered to issue any appropriate injunctive orders, and to authorize immediate collection out of the goods and chattels of the landlord, including all sums due or which may become due as present or future rents.
[Ord. No. 3-1981, § 9]
This section shall not apply to owner occupied residential rental properties containing five units or less.
[Ord. No. 3-1981, § 10]
The Town Clerk or other appropriate Town official shall forward a copy of this section to each landlord who has filed a statement with the Township Clerk pursuant to N.J.S.A. 46:8-28.
[Ord. No. 10-1956, § 1; Ord. No. 3-1986, § 1]
As used in this section:
Any structure occupied as a home or place of residence by one or more persons.
A building where one or more persons are employed.
A written, verbal, or implied contract.
The replacement of a building or building establishment's heating system which requires a given fuel with one which requires a different fuel, such as oil or gas.
[Ord. No. 10-1956, § 2.3; Ord. No. 3-1986, §§ 2-3]
a.
For the purpose of this section, wherever a building is heated by means of a furnace, boiler or other apparatus under control of the owner, agent or lessee, such owner, agent or lessee shall be deemed to have contracted, undertaken or bound himself or herself to furnish heat in accordance with the provisions of this ordinance, in the absence of a contract or agreement to the contrary.
b.
The presence of heating outlets, radiators, risers returns or similar equipment designed to provide heat to the immediate area in which it is located, in halls or apartments or any subdivision shall be prima facie evidence of an implied contract to furnish heat.
[Ord. No. 10-1956, § 4; Ord. No. 3-1986, § 4]
a.
It shall be the duty of every person who shall have contracted, or undertaken or shall be bound to heat or to furnish heat for any building, to heat or to furnish heat for every room or space in such building or business establishment or any portion thereof, which is intended to be or is in fact, occupied or possessed by any person, so that a minimum temperature of 68° F. may be maintained therein at all times between September 15 in any year and May 15 next thereafter between the hours of 6:00 a.m. and 11:00 p.m., in a building establishment.
b.
In order to insure that the heat is required to be furnished by paragraph a of this subsection be continuous and uninterrupted, no person shall commence or have commenced on his behalf, a conversion in any building or business establishment which is intended to be or is, in fact, occupied or possessed by any person, between September 15 in any year and May 15 next thereafter.
c.
The Construction Code Official shall require that every applicant for a permit for a conversion declare the month and day that the conversion is to be commenced. It shall be the duty of the Construction Code Official to deny an application for a permit for a conversion in which the declared commencement date is between September 15 in any year and May 15 next thereafter.
[Ord. No. 10-1956, § 5]
It shall also be the duty of every person who is bound to furnish heat as hereinabove mentioned to furnish heat to the same minimum temperature of 68° F. at any other time when the temperature is 50° F. or less out in the open.
[Ord. No. 10-1956, § 6]
It shall be lawful for any member of the Health Department, or the officers or agent thereof, or members of the Police or Fire Department, of the Township, to make such inspection and examination as may be necessary of any building or buildings, or portions thereof, to determine whether there has been compliance with the provisions of this section, or wherein a violation has been reported, and such inspection and examination shall be made without interference or obstruction by any person or persons.
[Ord. No. 21-1990, § 1]
Every owner of a building containing 10 residential units or more, where the owner has contracted, undertaken or is otherwise bound to heat or furnish heat for any residential unit therein, must have the entire heating system or systems designed to supply heat to such residential units certified to be in proper working order, such as shall be capable of supplying heat as required under this § 9-10 of Chapter 9 of the Revised General Ordinances of the Township of Weehawken.
This certification may be made by any boiler service or inspection company, qualified for the type and size boiler being inspected, and must be performed between June 1 and September 1 of each year. A true copy of such certifications shall be filed with the Weehawken Department of Health by no later than September 10 of each year.
However, applicable for the 1990-91 heating season only, such inspections must be made and certifications must be filed by no later than 30 days following the effective date of this subsection.[1]
[1]
Editor's Note: This subsection was adopted November 8, 1990 by Ordinance No. 21-1990 and became effective pursuant to law.
[Ord. No. 21-1990, § 1]
It shall be the duty of every owner, manager and superintendent of each building subject to the provisions of Subsection 9-10.6 hereof to notify the Weehawken Department of Health within a period of two hours after any malfunction of a heating system subject to the certification requirements thereof, except that if a malfunction occurs on a Saturday, Sunday, holiday or on any day between the hours of 4:00 p.m. and 8:30 a.m., or at any other time when the Weehawken Department of Health is unavailable by telephone, it shall be the duty of the owner, manager and superintendent of each such building to notify the Weehawken Fire Department within a period of two hours following any such malfunction.
[Ord. No. 10-1986, Preamble]
The Township of Weehawken has previously determined that an emergency exists in the Township with respect to the rental of housing space; and the governing body of the Township does hereby declare that emergency now exists in the Township with respect to the rental of housing space now subject to rent control, which emergency has been created, in part, by a deterioration of a substantial portion of the existing housing stock, insufficient new housing construction, increased cost of construction and finance, and growing inflation, all of which have caused a substantial and increasing shortage of rental housing accommodations for families of low and moderate income. The governing body has determined that this emergency has been exacerbated by reason of the withholding by owners of available housing space from the rental market in order to increase the value of their property at the expense of persons desiring to rent such housing space and in order to circumvent the protections granted to persons in possession of rental housing space upon conversion of the property to the condominium or cooperative form of ownership, and which actions are determined by the governing body to be unwarranted and causing severe economic hardships upon tenants and are adversely affecting the health, safety and general welfare of the citizens of the Township, warranting legislative action by the governing body.
This section is necessary to protect the rights of tenants during the existing housing shortage crisis in the Township.
[Ord. No. 10-1986, § 1]
The owner of any dwelling unit which is subject to the provisions of the Weehawken Rent Leveling[1] Ordinance, as amended, at any time when such dwelling unit has been vacant for a period of 30 days shall, within 10 days thereafter, notify the Weehawken Rent Leveling Board in writing of the fact of such vacancy, the identity of the owner, the address and apartment number of the vacant dwelling unit, and the date upon which it became vacant.
[Ord. No. 10-1986, § 2]
At or before the time any dwelling unit described in Subsection 9-11.2 shall become vacant, and continuing during the period of such vacancy, the owner shall make diligent efforts to rent the same.
[Ord. No. 10-1986, § 3]
The owner shall accept as a tenant for immediate occupancy of such dwelling unit any person who offers to pay the lawful rent and any proper security deposit which may be required for the apartment and agrees to any reasonable rental terms; provided that:
a.
The owner may refuse to accept any such person as a tenant where he is able to establish clearly and convincingly that the prospective tenant:
1.
Would be likely to engage in conduct which would constitute one of the good cause grounds for eviction set forth in N.J.S.A. 2A:18-61.1, except those contained in Subsections g, h, k, or 1 as presently constituted; or
2.
Has failed to comply with the reasonable requests of the owner for financial or other relevant personal information which is necessary for the owner to make an informed decision as to the suitability of the person as a prospective tenant, within a reasonable time after request therefor.
b.
The owner may offer any such person a tenancy in such dwelling unit with occupancy to begin on a date which is no more than 60 days from the date such prospective tenant offers to rent the dwelling unit, where the owner is able to establish clearly and convincingly that the delay in occupancy is necessary for the purpose of making repairs or improvements to the dwelling unit, which repairs or improvements cannot practicably be made while a person is in possession and occupancy of the dwelling unit.
[Ord. No. 10-1986, § 4]
Within five days after a person has offered to rent a vacant dwelling unit which is subject to the provisions of this section and such person has complied with all reasonable requests of the owner for relevant financial or personal information, the owner shall notify that person and the Weehawken Rent Leveling Board in writing whether such person is accepted for the tenancy, rejected or accepted for a future occupancy and, in the latter two cases, the owner shall also set forth in the notification the specific reasons therefor and, in the last case, the date occupancy is to begin.
[Ord. No. 10-1986, § 5]
Any person aggrieved by the action or inaction of an owner of a dwelling unit subject to the provisions of this section may bring the matter before the Municipal Court on a complaint for violation of this section.
[Ord. No. 10-1986, § 6]
It shall be the obligation of any person required to give written notice under this section to ensure that all parties required to, actually receive such notice.
[Ord. No. 10-1986, § 7]
A violation of any provision of this section shall, upon conviction, be liable to the penalty stated in § 1-5. Each day during which an owner is in violation of any of the provisions of this section shall constitute a separate offense hereunder.
[Ord. No. 10-1986, § 8]
This section shall also be applicable to all apartments which are vacant on the effective date of this section and which either have been vacant for a period of at least 30 days at that time or which remain vacant and later reach that thirty-day vacancy period. A Landlord who would be in violation of this section as of its effective date shall have 15 days to comply with the provisions hereof.
[1]
Editor's Note: Ordinance No. 10-1987, the "Preservation of Affordable Housing" was declared unconstitutional, refer to Docket No. L83504 87EPW.
[Ord. No. 10-1987, Preamble]
The Council of the Township of Weehawken has previously taken notice of and documented the emergency in the availability of decent, safe and sanitary low and moderate income housing within the Township; and the Council has previously determined that the emergency exists and continues to grow more severe in the Township as a result of the elimination of a substantial portion of the existing rental housing stock, and the insufficient new construction of affordable rental housing, which have caused a substantial and increasing shortage of rental housing affordable by families of low and moderate income. The conversion of rental units to condominium ownership has seriously exacerbated the crisis and heightened the emergency by further reducing the supply of rental housing affordable to individuals and families of low and moderate income. The Township has determined that condominium units are not affordable to individuals and families of low and moderate income; and the Township has an affirmative responsibility imposed by the Constitution and Laws of the State of New Jersey, to provide for health, safety and welfare of its citizens, especially with regard to assuring that all citizens, including those with low and moderate incomes, can find safe, sanitary and decent shelter, and to prevent the displacement and subsequent homelessness of its citizens.
The Supreme Court of the State of New Jersey has held that every municipality has a constitutional obligation to provide a realistic opportunity for a fair share of its region's present and prospective needs for low and moderate income families, pursuant to the doctrine of South Burlington N.A.A.C.P. v. Mt. Laurel Tp., 67 N.J. 151 and South Burlington N.A.A.C.P. v. Mt. Laurel Tp. 92 N.J. 158, and the Fair Housing Act, N.J.S.A. 5:27D-301 et seq.; and many of the communities surrounding the Township have declared housing emergencies and are undergoing a severe shortage of rental housing affordable to individuals and families of low and moderate income.
The Township of Weehawken has a substantial number of dwelling units occupied by families and individuals with low and moderate income; and the Courts of the State of New Jersey have acknowledged that, despite the constitutional and statutory obligations imposed upon them, many communities in the State have failed to accept their fair share of affordable housing, which severely worsens the plight of low and moderate income individuals and families in the Township in search of affordable housing or in fear of displacement. The Council has determined that the preservation of existing housing units subject to rent controls as rental units is the most effective, and only practical, means of preserving existing affordable rental housing units.
The Township has determined that restrictions on the conversion of rental housing units to condominium or cooperative ownership are necessary to effectuate the obligations, duties and responsibilities set forth above.
The Township has determined that no other means are feasible at the present time to discharge and obey the constitutional and statutory obligations, duties and responsibilities imposed upon it. The Council recognizes that the Township is generally subject to State laws creating special forms of property ownership, but nevertheless finds that the Township is under a paramount obligation to ameliorate the plight of individuals and families of low and moderate income in danger of displacement and homelessness, or desperately in need of safe, decent, sanitary and affordable housing; and further finds that pronouncements of the State Legislature and of the New Jersey Supreme Court, and of other New Jersey Courts, all support the governing body's determination. The Council finds that an alternative affordable dwelling unit purchase program, which gives the converter a fair return on its property, while giving the maximum number of persons of low and moderate income a reasonable possibility of purchase, is necessary to effectuate the purposes of this section.
The Council finds that the restrictions enacted in this section must remain in effect as long as an emergency continues to exist in the availability of low and moderate income housing, and as long as our less affluent citizens are threatened with the loss of their homes, and cannot find decent, safe and sanitary housing which they can afford to occupy.
[Ord. No. 10-1987, § 1]
The short name of this section shall be the "Affordable Housing Preservation Law."
[Ord. No. 10-1987, § 2]
Commencing with the effective date of this section, no unit of rental housing in the Township of Weehawken shall be converted to condominium or cooperative ownership, except as provided herein.
[Ord. No. 10-1987, § 3]
No dwelling unit shall be converted to condominium or cooperative ownership unless the building in which the dwelling unit is located is in strict compliance with all State and municipal laws, codes and regulations. Compliance shall be determined by inspection by the appropriate required officials within 30 days prior to the date of issuance of any letter, affidavit or other statement of compliance or the status of compliance required by law.
[Ord. No. 10-1987, § 4; Ord. No. 13-1987, § 1]
Units in the following structures are not subject to any provisions of this section except for Subsection 9-12.4 above:
a.
Dwelling units not subject to the Rent Leveling Ordinance;
b.
Newly constructed buildings, built from the ground up whether dwelling units are to be initially rented or sold in which no dwelling units have been rented and occupied prior to the effective date of this section;
c.
Uninhabitable buildings which are completely vacant prior to the effective date of this section;
d.
Buildings particularly in an Affordable Home Ownership Program pursuant to Subsection 9-12.7 below;
e.
Buildings with one or more dwelling units occupied by tenants, being converted to condominium or cooperative ownership in which a copy of the sixty-day notice of intention to convert to tenants in occupancy required by N.J.S.A. 2A:18-61.8 was received by the Township Clerk more than 60 days prior to the effective date of this section, (June 7, 1987) or in the case where a building being converted to condominium ownership is completely vacant, when a master deed has been recorded pursuant to the Condominium Act, N.J.S.A. 46:8B01 et seq., prior to the effective date of this section; or in the case were a building being converted to cooperative ownership is completely vacant when the ownership of the building has been transferred to a cooperative corporation prior to the effective date of this section.
[Ord. No. 10-1987, § 5]
This section shall remain in effect until the Council determines, by ordinance, that the housing emergency which necessitated it no longer exists, provided that the Council certify, within 30 days following each anniversary of the effective date of this section, that an affordable housing emergency continues to exist. In determining the existence of an affordable housing emergency, the Council shall consider and report on the following factors, all with reference to the Township of Weehawken.
a.
The vacancy rate for rental units affordable to individuals and families of low and moderate income;
b.
The average income of rental households compared to the average household income of condominium and cooperative owners;
c.
The average annual and monthly carrying costs of condominium or cooperative units of various dimensions, including amortization of purchase price (including closing costs), interest payment, taxes, insurance, and association fees;
d.
The availability of Federal and State affordable housing subsidies;
e.
Current remaining fair share need pursuant to the Fair Housing Act, N.J.S.A. 52:27D-301 et seq. In the event that no certification is received by the Council within the time stipulated, this section shall expire at the end of the stipulated time period.
[Ord. No. 10-1987, § 6; Ord. No. 13-1987, § 1]
Commencing with the effective date of this section:
a.
No Notice of Intent to Convert and no Full Plan of Conversion, as provided in N.J.S.A. 2A:18-61.8, shall be served on any tenant of a dwelling unit subject to this section, and the Township Clerk shall not accept for filing any Notice of Intent to Convert and Full Plan of Conversion, as provided in N.J.S.A. 2A:18-61.8.
b.
No original sale of or contract of sale for a condominium unit or shares in a cooperative corporation shall be concluded or entered into in the Township.
c.
No notice of eviction pursuant to N.J.S.A. 2A:18-61.2(g) shall be served on any tenant of any dwelling unit subject to this section.
[Ord. No. 10-1987, § 7]
An "affordable home ownership program" is a voluntary program approved by the Council, designed to prevent homelessness and displacement, which shall contain the following elements:
a.
The building and owner must comply with all State and Municipal laws and regulations.
b.
Every tenant must either purchase his or her unit at an affordable price or be able to remain in the unit at an affordable rent; except that in the event a tenant chooses not to participate in the program, the owner shall present an affidavit signed by the tenant stating that withdrawal from the program was voluntary and that no harassment or other form of coercion was employed by the owner. In the event that the tenant refuses to furnish the affidavit, the owner shall have the burden of proving that no harassment or other form of coercion was employed against the tenant.
c.
Restrictions on the resale price of units where appropriate to maintain affordable home ownership.
d.
Subsidies, if available, for tenants desiring to purchase their dwelling units who are unable to afford the converter's offering price.
The Council is hereby empowered to promulgate regulations incorporating the preceding elements a through d, and as otherwise necessary and proper to implement an affordable home ownership program.
An affordable Home Ownership Program pursuant to this subsection is a voluntary program intended to permit conversions of ownership in circumstances where no tenant is displaced and guarantees of affordability are maintained on the dwelling units in the program which are subsidized. The Council shall have the sole discretion, guided by the principles set forth herein and by the preamble of this section to certify or not to certify an Affordable Home Ownership Program for a particular property.
[Ord. No. 10-1987, § 8]
In the event that Subsection 9-12.7 or any portion thereof is rendered ineffective by reason of being declared invalid or being enjoined, or both by any court, then commencing on the date Subsection 9-12.7 is no longer being enforced, and during the entire period of time when said Subsection 9-12.7 is not in force, subject to the termination date of this Ordinance as set forth in Subsection 9-12.7, this Subsection 9-12.9, shall have full force and effect.
a.
Commencing with the effective date of this subsection, no converter shall charge or receive, or contract to charge or to receive, for the sale, transfer or conveyance of any converted dwelling unit not exempted by Subsection 9-12.5 above, a price, including the proportionate share of any blanket encumbrance, in excess of the maximum permissible price therefor, as provided below.
b.
The maximum permissible price referred to in paragraph a above shall be determined as follows:
1.
The "base price" for such unit shall be an amount equal to 72 times the monthly rent for such unit, as such monthly rent exists immediately prior to conversion. In the event that the dwelling unit is vacant at the time of conversion, the "monthly rent" for calculating the base price shall be the legal rent which could be charged to a new tenant under the Rent Control Law, or, if said legal rent cannot be ascertained, then the average of the rents for comparable apartments in the same building or building complex. If such base price equals or exceeds the amount computed under paragraph bF2 below, and is not greater than that computed under paragraph b3 below, then the base price shall be the maximum permissible price for the unit.
2.
Subject to the limitation set out in b3 below, the maximum permissible price may be increased beyond the base price defined in paragraph b1 above, as follows: If the total of the base prices of all the dwelling units in the property to be converted (as calculated under paragraph b1 above is less than the equalized assessed valuation of the property, then the base price of each dwelling unit may be increased by a percentage equal to the percentage by which the total of the base prices of all such units must be increased in order to equal the equalized assessed evaluation of the property; provided, however, that in no event shall the maximum permissible price for any dwelling unit exceed that described in paragraph b3 below.
3.
In no event shall the maximum permissible price for a dwelling unit exceed an amount which, when divided into monthly payments as described below, produced a monthly payment which is more than 20% greater than the monthly rent for such dwelling unit, as such monthly rent exists immediately prior to the conversion. The "monthly payments" shall be determined by totaling the following items:
(a)
The monthly maintenance charge for the dwelling unit.
(b)
Any monthly amount required to be paid pursuant to a schedule of equal monthly payments respecting a blanket encumbrance, in which a portion of such payment is applied to the unpaid balance of such blanket encumbrance and the remainder thereof is applied to the reduction of the principal thereof.
(c)
An amount sufficient to amortize the entire price paid for the dwelling unit (above the amount of any blanket encumbrance) over a thirty-year period, by equal monthly amounts covering principal and interest, at an interest rate for fixed-rate mortgages at the time of conversion.
(d)
An amount sufficient to amortize the entire proportionate share of any balloon balance of a blanket encumbrance over a thirty-year period, at an interest rate equal to the prevailing mortgage interest rate for fixed rate mortgages at the time of conversion.
c.
1.
In any conversion in which the converter maintains that the provisions of paragraph b2 apply and permit a price greater than the "base price" for any unit, the burden of proof shall be on the converter to demonstrate such fact.
2.
If the maximum permissible price for conversion of a dwelling unit is increased to reflect equalized assessed value, as provided in paragraph b2 above, and if, by virtue of tax appeal respecting such property the equalized assessed value of such property for the year in question is reduced, then the converter shall refund to the purchaser of such unit an amount sufficient to reflect such unit's proportionate reduction in equalized assessed value.
3.
In any conversion in which a tenant contends that the provisions of paragraph b3 apply, and thus limit the maximum permissible price of a unit below that which could otherwise be charged therefore, the burden of establishing such fact shall be on the tenant, who shall be required to submit to the Board such information as it determines is necessary to render its decision.
d.
In making any required computation under this section, the Rent Leveling Board, to the extent that it is satisfied as to the accuracy thereof, may refer to information as to maintenance costs, other cost and expense items, the terms, conditions and amounts of any blanket encumbrance, and other financial or other data or information, as set out in the "developer's application for registration" and "public offering statement" statute known as "The Planned Real Estate Development Full Disclosure Act." N.J.S.A. 45:22-21 et seq., and accepted by the Division for registration pursuant to the statute.
e.
If the original sale of a dwelling unit by a converter was subject to and calculated under this paragraph, then no resale of such dwelling unit shall be permitted at a price greater than the purchase price paid by the seller plus:
1.
The actual cost of all capital improvements;
2.
A percentage increase in said price, equal to either (i) 2/3 of the percentage increase in the CPI between the date the unit was purchased by the seller, and a date three months prior to the closing of such resale; or (ii) the percentage increase in the monthly maintenance costs for the dwelling unit, between the date the unit was purchased by the seller, and a date three months prior to the closing date of such resale, whichever of the two, (i) or (ii), is the higher; and
3.
A return on the owner's equity equal to the fair return as defined by the Rent Control Chapter. This restriction shall be contained within every master deed hereafter filed covering any converted dwelling unit within the Township.
f.
1.
The Affordable Unit Purchase Program set forth in this section shall be administered and enforced by the Rent Leveling Board. In so doing the Board shall have, and may exercise all of the powers granted to it in the Rent Control Chapter.
2.
In addition thereto the Board is hereby specifically empowered to delegate the authority to conduct any hearing required pursuant to this subsection, and to make any factual determinations required by the same, to a hearing officer selected by the Board.
3.
The Board is hereby granted the authority to order the refunding of any payments made in excess of the maximum payments permitted by this subsection, together with interest and reasonable expenses of recovering such excess payments, including reasonable attorney's fees.
4.
The Board is hereby granted the authority to establish by regulation a reasonable fee schedule in connection with the administration of this subsection.
[Ord. No. 10-1987, § 9]
A violation of any provision of this section shall be punishable by a fine of not more than $1,000 and imprisonment for not more than 90 days or both. A violation respecting more than one dwelling unit shall be considered a separate violation as to each such unit.
[Ord. No. 10-1987, § 10]
As used in this section:
That a household in the appropriate income category, if a homeowner, need expend no more than 28% of gross income toward annual payments for mortgage principal and interest, property taxes, insurance and homeowners' association fees, if any, and if a renter, need spend no more than 30% of gross income for rent, including utilities.
The unpaid balance of a blanket encumbrance which will become payable at some future date, which will not get totally amortized (down to zero balance) by regular monthly or other periodic payments.
A mortgage, trust deed, judgement or any other lien or encumbrance which encumbers more than one dwelling unit being converted to a condominium or cooperative form of ownership, and which is not to be discharged at or before the closing of a sale of such a dwelling unit.
The Rent Leveling Board of the Township of Weehawken.
The owner (or representative of the owner) of property containing dwelling units covered by this Ordinance, who proposed to or takes any action for the purpose of effecting a conversion of such property and/or dwelling units, from some other form of ownership into a cooperative or condominium form of ownership.
A cooperative housing association or corporation which entitles the holder of a membership interest therein to possess and occupy a unit of dwelling space owned and leased by said association or corporation.
Consumer Price Index (all items) base year 1967 = 100 for the region of the United States of which Weehawken is a part, published periodically by the United States Department of Labor, Bureau of Labor Statistics.
The Division of Housing and Urban Renewal of the New Jersey State Department of Community Affairs.
Any unit used for residential purposes, including both rental, cooperatively owned and condominium units.
The value of the residential portion of real property, calculated by dividing the assessed value of the property, for municipal tax purposes, by the equalization ratio published by the Director of the Division of Taxation of the State of New Jersey, and multiplying the result by the fraction of the square footage of the floor area of the building and the area of the adjacent lot used for residential purposes, including corridors, storage space, stairwells, and other such uses required in residential space, over the total square footage of the floor area of the building and the area of the adjacent lot, with area used in common being allocated according to the same proportion.
A household earning 50% or less of the median income for Weehawken, New Jersey SMSA (Hudson County), as adjusted for household size and as promulgated by the New Jersey Department of Community Affairs and updated.
Includes real estate taxes, utility expenses, expenses for repairs, upkeep and maintenance respecting a dwelling unit, but shall not include principal or interest payments on any blanket encumbrance or other mortgage or encumbrance.
A household earning 50% to 80% of the median income for the Weehawken, New Jersey SMSA (Hudson County), as adjusted for household size and as promulgated by the New Jersey Department of Community Affairs and updated from time to time.
The annual maintenance costs divided by 12.
The first sale by the converter of a condominium unit or shares in a cooperative.
The interest rate at which a mortgage loan, to finance the highest permissible percentage of the purchase price of a dwelling unit undergoing conversion, may be obtained by a qualified borrower, from a bank, savings bank, savings and loan association or other financial institution authorized to make such a loan. For the purpose of computations made pursuant to this section, the Rent Leveling Board shall determine the prevailing interest rate at any given time, either by regulation or adjudication in particular cases.
That portion of the principal and interest of a blanket encumbrance which is required to be paid by the owner of any particular dwelling unit. If the application for registration or the public offering statement filed with, and accepted by, the Division, in connection with the converting of any such unit, set out any such proportionate share, then such share, so set out, shall apply to any calculations to be made hereunder; otherwise, the proportionate share of any dwelling unit shall be a percentage of the total amount to be paid respecting a blanket encumbrance, which is the same percentage as the price being charged by the converter for the dwelling unit in question bears to the total price being charged by the converter for all dwelling units encumbered by such blanket encumbrance.
Any sale subsequent to the original sale thereof.
A structure which is completely vacant, and unfit for human habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Hudson and Township of Weehawken.
[Ord. No. 10-1987, § 11]
Because this section is necessary for the health, safety and welfare of the people of Weehawken, it shall be construed liberally to effectuate the purposes set forth in the preamble. Wherever possible, this section shall be construed to avoid conflict with State laws and regulations, and shall be construed to be interpretive of State laws and regulations in related domains, consistent with the obligations imposed upon the Council by the Constitution and the Legislature of the State of New Jersey.
[Ord. No. 10-1987, § 12]
To the extent that the terms of any prior ordinance are inconsistent with the terms hereof, they are hereby repealed, except that anything herein to the contrary notwithstanding, nothing shall be deemed to limit or amend in any way the Weehawken Rent Leveling Ordinance.
[Ord. No. 19-1991, § 1]
Any property owner, or a tenant of a property with the permission of the owner, who is unable to repair, maintain or improve such property without gaining access to an adjacent property, and where such access is not permitted by the adjacent owner, shall, upon compliance with the following procedures and requirements, be permitted the necessary access upon the issuance of a Certificate of Necessity therefor by the Construction Code Official. The Certificate of Necessity shall specify the scope of work permitted thereunder, the portions of the adjacent property to which the applicant shall have access, the hours during which such access may be had and the beginning and expiration dates during which the Certificate shall be valid to permit such access. The Construction Code Official may impose such other conditions, requirements and limitations, in addition to those mentioned herein, as he may reasonably deem necessary in order to protect the interests of all parties involved.
[Ord. No. 19-191, § 2]
a.
The applicant shall file with the Construction Code Official an affidavit setting forth:
1.
The identities of the parties and properties involved;
2.
A description of the work sought to be performed and the reasons therefor;
3.
The number of days and working hours during which access is sought;
4.
The facts establishing the need for access to the adjacent property; and
5.
The circumstances surrounding the inability to obtain permission for the necessary access from the adjacent property owner.
b.
As soon as practicable thereafter, the Construction Code Official or has designated agent shall make a physical inspection of the properties involved and shall make such other investigations as he may deem necessary, and determine whether the application sets forth sufficient cause to require access to the adjacent property. If so, he shall, by written notice, direct the adjacent property owner to appear before him or his designated agent, at a time and place fixed in the notice which is at least 10 days subsequent to the issuance of the notice, unless the circumstances require a shorter period, to show cause why an order should not issue granting a Certificate of Necessity and directing the adjacent owner to permit the requested access.
c.
Such notice shall be accompanied by a copy of the applicant's affidavit and shall be served personally on the adjacent owner or left at his place of residence with a member of his household over the age of 14 years. It shall be the applicant's obligation to effect service promptly. If service in the manner described above cannot be effected, then it may be served by certified mail, return receipt requested, addressed to the adjacent owner's place of residence, in which case the time for the adjacent owner to appear shall be extended so that it is not less than 15 days from date of mailing, unless the circumstances require a shorter period. If after reasonable inquiry his residence cannot be ascertained, then service shall be made by publishing it once in a newspaper of daily circulation within the Township, and by posting or leaving a copy thereof in a conspicuous location at the adjacent property. In that case, the time for the adjacent owner to appear shall be extended so that it is not less than 35 days after publication and posting have been completed, unless the circumstances require a shorter period. Proofs of publication and of posting, along with a copy of the notice, shall be filed in the office of the Construction Code Official on or before the return date of the order.
[Ord. No. 19-1991, § 3]
Upon issuance of a Certificate of Necessity, the applicant shall promptly commence and diligently pursue to conclusion the work permitted thereunder and, upon completion, shall leave the property of the adjacent owner in the same condition as existed prior to his entry thereon.
[Ord. No. 9-1991, § 4]
a.
A Certificate of Necessity shall not be issued unless the applicant has provided to the Construction Code Official or his designated agent a certificate of insurance or other good and sufficient evidence of insurance coverage against liability for personal injury and property damage covering the activities on the property of the adjacent owner, with such limits as the Construction Code Official or his designated agent may reasonably require.
b.
The Construction Code Official or his designated agent may also require the applicant, as a condition to the issuance of a Certificate of Necessity, to post a bond or cash security deposit in such amount as he shall deem necessary, commensurate with the nature and scope of the work to be performed, for the purpose of ensuring that the applicant leaves the adjacent property in the same condition as existed prior to his entry thereon, once the work has been completed. Any such bond shall be issued for the benefit of the adjacent owner. Cash security shall be returned to the applicant after the work has been completed and the Construction Code Official or his designated agent has inspected the adjacent property and determined that the applicant has left it in the condition he is required to leave it hereunder.
[Ord. No. 19-1991, § 5]
By making application for a Certificate of Necessity hereunder, the applicant agrees not to make any claim for damages of any kind against the Township or against any of its officers, agents and employees and, further, agrees to indemnify, defend and hold the Township and its officers, agents and employees harmless from and against all manner of claims for damages, whether for injury to person or to property, which are alleged to have arisen in connection with the work done or sought to be done by the applicant, or in connection with the conditions for which the Certificate of Necessity was sought by the applicant.
[Ord. No. 08-2010]
No construction, reconstruction, alteration or addition of or to a new or existing building shall be permitted by the Building Department where the plans call for the installation or use in any manner of unprotected steel on the rooftop thereof. For purposes of this section, steel shall be considered unprotected unless it has been fabricated, manufactured or treated, and/or is to be installed, in such a manner that results in it having a minimum fire-rating of three hours.
[Ord. No. 08-2010]
No construction, reconstruction, alteration or addition shall be permitted by the Building Department where the plans call for the installation or use in any manner of steel on the rooftop of any existing building that was not originally designed for the steel and any and all loads it is proposed to support.
[Ord. No. 08-2010]
Whenever an application for construction, reconstruction, alteration or addition of or to a new or existing building is presented to the Building Department, in the event such plans call for the installation of cellular communication or other facilities and include any nonresidential use of a predominately or exclusively residential building, or where a residential/use area of any building is proposed to be converted to any nonresidential use, wherever within such structure the area may be located, such plans and application shall be referred to the Township Fire Inspector and to the Township Public Safety Director, who shall refer the same to the appropriate official of the North Hudson Regional Fire and Rescue, who shall review and make any recommendations to the Township Public Safety Director that he deems necessary to address an increased risk of danger in the event of a fire, more specifically danger of increased or more rapid fire damage to the structure itself, or the potential for greater danger to persons with the building or to firefighters at the scene.
[Ord. No. 08-2010]
After consideration of any such recommendations, the Township Public Safety Director shall deliver to the Construction Official, in writing, his requirements for any limitations, adaptations, modifications and/or restrictions to the proposed work as he may deem necessary to address any fire safety issues identified by such inspector and/or official.
[Ord. No. 9-14.5]
Such requirements of the Township Public Safety Director may include but not be limited to the need to make alterations to any equipment proposed to be installed and/or to change the location of installation of any proposed equipment.
[Ord. No. 9-14.6]
Upon receipt of such requirements from the Township Public Safety Director, the Construction Official shall notify the applicant of the need for any amendments to the proposed plans in order to meet the said requirements for public safety compliance, and no building permit shall be issued for such work until the plans are appropriately amended to reflect the necessary changes, as required by the Public Safety Director.
[Added 12-21-2022 by Ord. No. 19-2022]
a.
This section is enacted for the purpose of safeguarding the health, safety and welfare of the Township residents and property owners generally, and more specifically for the occupants of apartments, houses and other buildings, structures and/or parts thereof used as, available for use as or capable of being used as residential spaces, but is not intended to be, and shall not be deemed applicable to licensed hotels, motels or rooming or boarding houses, the use and operation of which are governed by other state or local Laws, ordinances, rules and regulations.
b.
The prohibitions established hereby are intended primarily to govern certain short-term arrangements for the provision of living space to transient guests, other than: (i) guests or residents of licensed hotels, motels, rooming or boarding houses; and (ii) persons whose occupancies are governed by the provisions of New Jersey Statutes Title 2A, Subtitle 4, Chapter 18, Article 9, entitled "Proceedings Between Landlord and Tenant."
For purposes of this section, the following words and phrases shall have the meanings set forth below:
One or more rooms, whether same constitutes an independent housing unit or not, whether furnished or unfurnished, other than licensed hotels, motels, rooming or boarding houses, which space is kept, used, maintained, occupied, advertised or held out as, or is intended, arranged or designed to be, or actually is occupied for sleeping or living purposes by one or more persons for hire, rental, lease or sublease for a short term.
Any period of less than one full series of consecutive days constituting what is typically referred to as "a month." By way of example, but not limitation as to the meaning of "a month," a period from the 15th day of one calendar month to the 15th day of the following calendar month would constitute "a month" hereunder, as would any actual calendar month.
It shall be unlawful for any person or entity to rent, lease or sublease, or otherwise to provide for a fee or in exchange for any other form of consideration, or to advertise for rental, lease or sublease, or otherwise to provide for a fee or in exchange for any other form of consideration, or to keep, use or maintain any guest living space within the Township of Weehawken.
a.
Any person, or a principal, officer or agent of any entity found guilty of violating any provision of this section shall, upon the first offense, be subject to a fine not exceeding $1,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and/or imprisonment, within the limitations aforesaid, to be determined in the discretion of the Municipal Judge.
b.
Any person, or a principal, officer or agent of any entity found guilty of violating any provision of this section shall, upon a second offense, be subject to a fine not exceeding $1,500 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and/or imprisonment, within the limitations aforesaid, to be determined in the discretion of the Municipal Judge.
c.
Any person, or a principal, officer or agent of any entity found guilty of violating any provision of this section shall, upon a third or subsequent offense, be subject to a fine not exceeding $2,000 or to imprisonment for a period not exceeding 90 days, or both, the amount of such fine and/or imprisonment, within the limitations aforesaid, to be determined in the discretion of the Municipal Judge.
d.
Each violation of any of the provisions of this section shall be deemed and taken to be a separate and distinct offense.