Borough of Bogota, NJ
Bergen County
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Table of Contents
Table of Contents
[Ord. 12/23/76, S1]
a. 
There is hereby established in the borough a State Uniform Construction Code Enforcing Agency to be known as the Bogota Construction Code Department, consisting of a construction official/building code official; plumbing subcode official and fire protection 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 (1) 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 such position.
c. 
The public shall have the right to do business with the enforcing agency at one (1) official location except for emergencies, and unforeseen or unavoidable circumstances.
[Ord. #883]
[Ord. #831(a), S1; Ord. #897, SV; Ord. #910, S4; Ord. #966, SI; Ord. #989, SI; Ord. #1017, SSI, II; Ord. #1023, S1; Ord. #1074, SSI, III; Ord. #1130, SS2-12; Ord. #1138, S1; Ord. #1356]
a. 
The fee for a construction permit shall be the sum of the subcode fees listed as follows and shall be paid before the permit is issued.
A minimum fee shall be sixty-five ($65.00) dollars. Otherwise,
1. 
The building subcode fee shall be as follows:
(a) 
For new construction $.040 cents per cubic foot of building or structure volume; provided that the minimum fee shall be one hundred fifty ($150.00) dollars. Minimum fee shall be sixty-five ($65.00) dollars.
(b) 
For renovations, alterations, and repairs, twenty-five ($25.00) dollars per one thousand ($1,000.00) dollars or a fraction thereof of the estimated cost of work, from fifty thousand one ($50,001.00) dollars to and including one hundred thousand ($100,000.00) dollars, the additional fee shall be in the amount of twenty-one ($21.00) dollars per one thousand ($1,000.00) dollars of the estimated cost of work above fifty thousand ($50,000.00) dollars. Above one hundred thousand ($100,000.00) dollars, the additional fee shall be in the amount of seventeen ($17.00) dollars per one thousand ($1,000.00) dollars; provided that the minimum fee shall be sixty-five ($65.00) dollars.
(c) 
For additions, $.040 cents per cubic foot of building or structure volume for added portion: provided that minimum fee shall be seventy-five ($75.00) dollars.
(d) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
(e) 
For the purpose of determining estimated cost, the applicant shall submit to the enforcing agency, if requested, the cost data produced by the architect or engineer of record, or by a recognized estimating firm, or by the contractor, a bona fide contractor's bid, if required, shall be submitted. The enforcing agency will make final decision regarding estimated cost.
(f) 
The fees shall be computed as a unit rate per one thousand ($1,000.00) dollars of estimated cost. All fees shall be rounded to the nearest dollar amount.
(g) 
The fees for fences and sheds shall be:
Fences: $50.00
Sheds: $50.00
2. 
Surcharge fee. In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the applicable regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee of $.0016 per cubic foot of volume of new construction, and $.0008 per one thousand ($1,000.00) dollars of estimated cost for all alterations.
3. 
There shall be no fee for a certificate of approval issued pursuant to N.J.A.C. 5:23-2.23(j).
4. 
Fees for certificate of occupancy –New construction.
(a) 
New residence: $100.00 R-3
(b) 
Addition to residence: $50.00 R-3
(c) 
For all other use groups up to 10,000 sq. ft.: $150.00
(d) 
Over 10,000 sq. ft.: $250.00
5. 
Fees for certificate of continuing occupancy (C.C.O.) – existing building – shall be based upon the amount of time remaining before the change of occupant is expected as follows:
(a) 
Fees for requests for a C.C.O. received more than twenty (20) business days prior to the change of occupant shall be computed in accordance with the following schedule:
(1) 
Apartments in buildings with three (3) or more dwelling units: $60.00
(2) 
Sale or rental of:
One-family dwelling: $100.00
Two-family dwelling: $150.00
(3) 
Mercantile or office uses: $150.00
(4) 
Industrial and warehouse uses: $175.00
(b) 
The fees for a temporary, ninety (90) day maximum, nonextendable certificate of occupancy shall be one-half (1/2) of the above fee schedule plus one hundred twenty (120%) percent bond in the sum of the unfinished work.
(c) 
Fees for requests for a C.C.O. received ten (10) to twenty (20) days prior to the change of occupant shall be double the fees set forth in paragraphs (a)(1) through (a)(4) of this subsection.
(d) 
Fees for requests for a C.C.O. received less than ten (10) days prior to the change of occupant shall be triple the fees set forth in paragraphs (a)(1) through (a)(4) of this subsection.
6. 
Demolition fees: The fee for a permit for the demolition of a building or structure shall be:
(a) 
Residential use:
(1) 
One- and two-family: $150.00
(2) 
Garage- one- and two-car: $65.00
(b) 
Commercial/industrial:
(1) 
Buildings: $300.00
(2) 
Garages: $100.00
(c) 
The fee for a permit for the removal of a building or structure from one (1) lot to another or to a new location on the same lot shall be eighteen ($18.00) dollars per one thousand ($1,000.00) dollars of the sum of the estimated cost for moving, for new foundation, and for placement in a completed condition in the new location, provided that the minimum fee shall be one hundred fifty ($150.00) dollars.
7. 
Sign permit fees: The fee for a sign permit shall be:
(a) 
Nonilluminated sign (square feet):
0–50
$65.00
51–100
$75.00
101–200
$100.00
Over 200
$125.00
(b) 
For double-faced signs, the same fee applies as for single-faced signs.
(c) 
For illuminated signs, the fees in subsection 9-1.3a7(a) apply in addition to the electrical subcode fees that apply.
(d) 
Any fees not listed shall be in accordance with N.J.A.C. 5:23-4:20.
8. 
The plumbing subcode fee shall be as follows:
(a) 
The minimum fee is fifty ($50.00) dollars.
(b) 
Twenty ($20.00) dollars for every plan filed, showing one (1) soil, waste or vent stack.
(c) 
(Reserved)
(d) 
Fifteen ($15.00) dollars for every residential plumbing fixture; eighteen ($18.00) dollars for every commercial plumbing fixture.
(e) 
Fifty ($50.00) dollars for every permit issued for a connection of the public sewer, either original or repair, including original inspection.
(f) 
Fifty ($50.00) dollars for every permit issued to connect storage tanks, water heaters (supplied with or without tanks), or any device or equipment which requires potable water.
(g) 
Fifty ($50.00) dollars for a commercial water heater; fifty ($50.00) dollars for a residential domestic water heater.
(h) 
Fifty ($50.00) dollars for a water utility connection.
(i) 
Thirty-five ($35.00) dollars for gas piping and/or service.
9. 
The plumbing subcode fee for special devices shall be as follows:
(a) 
Seventy-five ($75.00) dollars for every device, included are: grease traps, oil separators, sewer ejectors, and water cooled air-conditioning units, backflow device.
(b) 
Thirty ($30.00) dollars for every pressure device.
(c) 
Any fees not listed shall be in accordance with N.J.A.C. 5:23-4.20.
10. 
The fire subcode fees shall be as follows:
Minimum fee shall be: $50.00
(a) 
Standpipe system:
(1) 
Up to 2A 1/2 inches in diameter: $75.00
(2) 
2A 1/2 inches to 4 inches: $150.00
(3) 
Over 4 inches up to less than 6 inches: $200.00
(4) 
6 inches and over: $300.00
For multiple standpipes – multiply number of standpipes times fee.
(b) 
Suppression heads and detectors: Fee shall be computed based on the number of sprinkler heads as follows:
(1) 
1–10: $60.00
(2) 
11–20: $75.00
(3) 
21–50: $90.00
(4) 
51–100: $140.00
(5) 
101–200: $165.00
(6) 
201–400: $225.00
(7) 
(Reserved)
(8) 
Central control station plus fee for each detector: $50.00
(9) 
Manual fire alarm system: $50.00
(10) 
Fire protection signaling system: $200.00
(11) 
Combination of automatic and manual alarm system: $125.00
(12) 
Halon extinguishing system (does not include electric): $125.00
11. 
Suppression system for cooking operations:
(a) 
Fee for each independent pre-engineered system: $75.00
(b) 
Hood and duct exhaust system (each): $50.00
12. 
The fire protection subcode fees for gas heating HVAC appliances, fireplaces and wood stoves shall be as follows:
(a) 
Commercial or public building and all apartments, installation or conversion each unit: $50.00
(b) 
Residential building installation or conversion each unit: $50.00
(c) 
(Reserved)
(d) 
(Reserved)
(e) 
(Reserved)
(f) 
(Reserved)
Includes all gas burning equipment such as furnaces, dryers, ovens, space heaters, etc., except domestic hot water heaters.
13. 
The fire protection subcode fees for oil burner and oil storage equipment shall be as follows:
(a) 
Commercial or public building and all apartments, installation or conversion each unit: $50.00
(b) 
Residential building installation or conversion each unit: $50.00
(c) 
(Reserved)
(d) 
(Reserved)
(e) 
(Reserved)
(f) 
(Reserved)
(g) 
(Reserved)
All other tanks: (gasoline diesel):
(h) 
Up to 999 gallons: $150.00
(i) 
Up to 2,999 gallons: $275.00
(j) 
Up to 4,999 gallons: $400.00
(k) 
5,000 gallons to 11,999 gallons: $500.00
(l) 
12,000 gallons to 20,000 gallons: $700.00
Any fees not listed shall be in accordance with N.J.A.C. 5:23-4.2.
14. 
(Reserved)
15. 
The electrical subcode fees shall be as follows:
Minimum fee shall be: $65.00
(a) 
Rough wiring:
Switches, lighting, outlets
1–50
$65.00
Each additional 25 add
$15.00
(b) 
Motors and electrical devices:
1 hp to 10 hp
$25.00
Up to 50 hp
$50.00
Up to 100 hp
$100.00
Over 100 hp
$500.00
(c) 
Transformers and generators:
Over 1 kW up to 10.0 kW
$25.00
Up to 45.0 kW
$50.00
Up to 112.5 kW
$100.00
Over 112.5 kW
$500.00
(d) 
Service meter equipment/feeders each:
Up to 200 amps
$65.00
Up to 1,000 amps
$150.00
Over 1,000 amps
$500.00
(e) 
Swimming pool bonding:
Outlets/feeders/motors
$75.00
(f) 
Annual visual pool inspection: $75.00
Any fees not listed shall be in accordance with N.J.A.C. 5:23-4.20.
16. 
Elevator safety subcode: The borough hereby relinquishes the responsibility for the administration and enforcement of the elevator safety subcode to the State of New Jersey Department of Community Affairs and transfers those functions to the New Jersey Department of Community Affairs, as authorized by N.J.A.C. 5:23-4.3(c)(2).
17. 
(Reserved)
18. 
A fee of fifteen ($15.00) dollars shall be assessed for each reinspection required due to noncompliance with code standards.
Editor's Note: Former subsection 9-1.4, Surcharge Fee, previously codified herein and containing portions of Ordinance No. 12/23/76 was repealed in its entirety by Ordinance No. 1074. See subsection 9-1.3a2 for surcharge fee.
[Ord. #831(a), S1; Ord. #1356]
The fire limits for the borough are hereby fixed as more particularly shown on the tax map of the Borough of Bogota, copies of which are on file in the borough clerk's office where they may be examined by the public, as described in Schedule A set forth hereafter.
The construction official, with the advice of the building subcode official and the fire subcode official, shall prepare and submit to the mayor and council every two (2) years, a report indicating those areas of the municipality which should be designated as within the fire limits, and the reasons therefor.
Editor's Note: Ordinance No. 897 repealed and deleted the fire limits as previously contained in Appendix A to this chapter.
[Ord. 5/27/65, S1]
The officer appointed and charged with the duty of administering the health code of the borough (hereinafter called, for purposes of this section, the "health officer") is hereby designated as the officer to exercise the powers prescribed by this section, and he shall serve in such capacity without any additional salary.
[Ord. 5/27/65, S2]
Pursuant to the provisions of Chapter 21, Laws of 1946, as amended by Chapter 276 Laws of 1948 (N.J.S.A. 40:49-5.1) the "New Jersey State Housing Code" as approved by the Department of Health and Conservation and Economic Development and filed in the Secretary of State's Office is hereby accepted, adopted by reference and established as a standard to be used as a guide in determining whether dwellings in this borough are safe, sanitary and fit for human habitation and rental. Three (3) copies of the "New Jersey State Housing Code" have been placed on file in the office of the borough clerk and are available to all persons desiring to use and examine the same.
[Ord. 5/27/65, S3]
The health officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the borough, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the health officer is hereby authorized to enter, examine and survey at all reasonable times all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit, or the person in charge thereof, shall give the health officer free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his agent or employee, access to any part of the dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[Ord. 5/27/65, S4]
Whenever the health officer determines that there are reasonable grounds to believe that there has been a violation of any provision of this section, or of any rule or regulation adopted pursuant thereto, he shall give notice of the alleged violation to the person or persons responsible therefore as hereinafter provided. Such notice shall:
a. 
Be put in writing;
b. 
Include a statement of the reasons why it is being issued;
c. 
Allow a reasonable time for the performance of any act it requires; and
d. 
Be served upon the owner or his agent, or the occupant as the case may require; provided that such notice shall be deemed to be properly served upon the owner or agent, or upon the occupant, if a copy thereof is served upon him personally; or if a copy thereof is sent by registered mail to his last known address; or if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice; or if he is served with the notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action, which if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
[Ord. 5/27/65, S4]
Any person affected by any notice which has been issued in connection with the endorsement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the mayor and council, provided such person shall file in the office of the health officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefore within ten (10) days after the day the notice was served. Upon receipt of such petition, the health officer shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than ten (10) days after the day on which the petition was filed; provided that upon application of the petitioner the health officer may postpone the date of the hearing for a reasonable time beyond the ten (10) day period, if in his judgment the petitioner has submitted a good and sufficient reason for the postponement. After the hearing the mayor and council shall sustain, modify, or withdraw the notice, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the mayor and council sustains or modifies the notice, it shall be deemed to be an order. Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the health officer within ten (10) days after such notice is served. The proceedings at such hearing, including the findings and decision of the mayor and council shall be summarized, reduced to writing and entered as a matter of public record in the offices of the health officer and borough clerk. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the mayor and council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this State.
[Ord. 5/27/65, S4]
Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health or safety, he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the health officer shall be afforded a hearing before the mayor and council as soon as possible. After the hearing, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the mayor and council shall continue the order in effect, or modify it, or revoke it.
[Ord. 5/27/65, S5]
The health officer is hereby authorized and empowered to make and adopt such written rules and regulations as he may deem necessary for the proper enforcement of the provisions of this section, provided, however, that such rules and regulations shall not be in conflict with the provisions of this section, nor in anywise alter, amend or supersede any of the provisions thereof. The health officer shall file a certified copy of all rules and regulations which he may adopt in his office and in the office of the borough clerk.
[Ord. 5/27/65, S6]
No person shall occupy as owner or occupant, or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein which does not confirm to the provisions of the "New Jersey State Housing Code" established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[Ord. 2/27/75, S6(a)]
The owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot shall be jointly and severally responsible for keeping the sidewalk, flagging and curbstone abutting the premises free from obstructions and nuisances and for keeping the sidewalk, flagging and curbstone and the airshafts, areaways, backyards, courts, parking lots, alleys or lot clean and free from garbage, refuse, rubbish, litter, junk cars and other offensive matter or accumulations of stagnant water.
Upon discovery of violation of this section, notice shall be given to the owner, agent, lessee, tenant, occupant or other person who manages or controls a building or lot in the manner prescribed in subsection 9-2.4.
[Ord. 2/27/75, S6(b)]
The owner or tenant of lands lying within the borough from which it is necessary and expedient to remove brush, weeks, dead and dying trees, stumps, roots, obnoxious growths, including poison oak, poison ivy and ragweed, filth, garbage, trash and debris for the preservation of the public health, safety, general welfare or to eliminate a fire hazard shall remove the same within ten (10) days after notice to do so has been given to him by the superintendent of shade trees, health officer or fire chief. The notice shall be given by personal service upon the owner or tenant or by registered mail addressed to his last known address as provided in subsection 9-2.4.
[Ord. 2/27/75, S6(c)]
Wherever the owner or tenant shall have refused or neglected to remove the nuisance or fire hazard in the manner and within the time provided in subsection 9-2.10, the health officer is authorized to provide for the removal of same.
In all cases where brush, weeds, dead and dying trees, stumps, roots obnoxious growths, filth, garbage, trash and debris are removed from any lands under this section, the health officer shall certify the cost thereof to the borough council which shall examine the certificate, and if found to be correct, shall cause the cost thereon plus twenty (20%) percent administrative fee to be charged against such lands. The amounts so charged shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon such lands, and shall bear interest at the same rate as taxes, and shall be collected an enforced by the same officers and in the same manner as taxes.
[Ord. 2/27/75, S6(d)]
Any person disposing of ashes, garbage or refuse within the borough shall only dispose of such ashes, garbage or refuse at sites within the borough designated as public dumps by the borough engineer.
[Ord. 2/27/75, S7]
Any person who shall violate any of the provisions of this section shall upon conviction be liable to the penalty stated in Chapter III, section 3-1.
[Ord. 4/24/58, S1]
There is hereby established for the borough, an official map, entitled "The Official Map of the Borough of Bogota" prepared by Frank W. Koestner, C.E., and dated December, 1957. The map was approved by the planning board of the borough on April 3, 1958,
[Ord. 4/24/58, S2]
The official map shall be deemed conclusive with respect to the location and width of streets and drainage, rights of way, and the location and extent of public parks and playgrounds shown thereon, whether such streets, drainage, rights of way, parks or playgrounds are approved or unimproved. Upon the application for approval of a plat, the borough may reserve for future public use the location and extent of public parks and playgrounds shown on the official map or any part thereof, and within the area of the plat for a period of one (1) year after the approval of the final plat or within such future time as agreed to by the applying party. Unless within such one (1) year period or extension thereof the borough shall have entered into a contract to purchase, or shall have instituted condemnation proceedings, for the park or playground, according to law, such applying party shall not be bound to observe the reservation of such public parks or playgrounds. During the period of one (1) year or any extension thereof, the applicant for the plat approval and his assigns and successors in interest, may use the area so reserved for any purpose other than the location of buildings or improvements thereon except as provided in N.J.S.A. 40:55-1.38.
[Ord. 4/24/58, S3]
The purpose of establishing the official map of the borough is declared to be for the purpose of preserving and promoting the public health, safety, morals and general welfare.
[Ord. 4/24/58, S4]
The mayor and council of the borough may, by ordinance, amend the official map hereinabove designated by making changes therein, additions thereto, or deletions therefrom.
[Ord. 4/28/14, S1, 2]
The owner, occupant, lessee or party in possession of any building which now fronts or hereafter may front upon any of the streets or public places within the borough, shall cause the same to be properly numbered in accordance with the numbers appearing upon the assessment map of the borough.
[Ord. 4/28/14, S3]
The numbers used shall be figures at least three (3) inches in height placed conspicuously on the front of each building.
In cases of doubt in applying the above system of numbering to any lot or building, application may be made in writing to the borough council, a majority of whom are hereby empowered to relieve the doubt and adjust the same by assigning to any lot or building a fractional number of a distinctive number or name whereby the same shall be known.
[Ord. #961, SI; Ord. #1133, S1]
a. 
Every person engaged in the business of construction, erecting, altering, repairing, restoring, re-roofing, residing, moving or demolishing the whole or any part of buildings or structures, or engaged in the construction and installation of swimming pools, or engaged in the business of erecting or altering signs, for any of which a permit is required by the applicable ordinances of the borough shall be required to register name of such person with the construction code official and approved by the mayor.
b. 
The owner or occupant of a residential one and/or two-family building or structure applying for any permit shall not be required to register if the owner intends to complete the work.
c. 
Each contractor shall be required to re-register twelve (12) months after the effective date of his initial registration or re-registration.
[Ord. #961, SII; Ord. #1133, S2]
Applications for the registration of contractors shall be submitted to the construction code official on forms supplied by him and shall include, in addition to any information he may deem necessary, a statement giving the name or corporate or firm name of the contractor and in the case of a firm, corporation or partnership, the name and address of the principal officer or member of the firm, corporation or partnership. This application shall also contain the number of years such person has been in business or in existence at the current location or any prior locations including the address of such prior locations, if any. The applicant shall state in which class he desires to be registered, choosing one (1) or more of the classes designated in Subsection 9-5.4. The applicant shall provide a certificate of insurance stating the name of the insurer providing coverage for public liability, property damage, and Workers' Compensation coverage, as well as the policy numbers and the limits of coverage provided to the applicant and the dates of coverage provided.
[Ord. #961, SIII]
a. 
No person shall be registered hereunder or shall be re-registered after revocation of registration unless there is paid to the construction code official, or his designee, to the account of the borough therefor, a fee of fifty ($50.00) dollars.
b. 
An annual re-registration fee of twenty-five ($25.00) dollars shall be paid every year thereafter, so long as the registration is not revoked under subsection 9-5.4.
[Ord. #961, SIV]
For the purpose of this section, there shall be the following classes for registration:
a. 
General Contractor. A general contractor is proficient in the construction of a building or structure from start to finish and the alterations, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work either by and through his own organization or appropriate subcontractors and in the latter event, shall be completely responsible for his subcontractor's work.
b. 
Contractor. A contractor who is proficient in the construction of a building or structure from start to finish and the alteration, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work by and through his own work of his own organization of employees.
c. 
Roofing and Siding Contractor. A contractor who is engaged in the business of, or who is proficient in the applying of roofing and siding materials to existing or new buildings or structures.
d. 
Demolition Contractor. A contractor who is engaged in the business of, or who is proficient in the demolishing of any building or structure in whole or in part.
e. 
Moving Contractor. A contractor who is engaged in the business of, or who is proficient in the demolishing and/or moving of any building or structure in whole or in part.
f. 
Swimming Pool Contractor. A contractor who is engaged in the business of, or who is proficient in the installation of, swimming pools, their equipment or appurtenances.
g. 
Sign or Billboard Contractor. A contractor who is engaged in the business of, or who is proficient in the erection, alteration or maintenance of signs or billboards.
h. 
Miscellaneous Contractor. A contractor who is proficient in work of a special character as determined by the construction code official.
[Ord. #961, SV]
a. 
If any person registered hereunder shall fail, in the execution of any work for which a permit is required by this section, to comply with the applicable ordinances and regulations of the borough relevant to the construction, erection, alteration, repair, restoration, residing, re-roofing, moving or demolition of any building, structure, swimming pool, sign or billboard or part thereof, the construction code official, or his designee, shall cause a notice of violation to be served upon such person or the principal member or officer of any such firm or corporation in accordance with established procedures as set forth in the standard building code of New Jersey.
b. 
Upon conviction for such violation, or upon failure to correct such violation within the period of time stated in the notice of violation, the registration of such person shall be revoked by the construction code official who shall strike the name of such person from the registration list and shall not re-enter or reinstate such registration during such time as the violation exists or remains. Upon revocation, the construction code official shall cause the notice of revocation to be published in a newspaper as required by law and said person, upon conviction, shall be fined in accordance with subsection 21-16.5 of the Ordinances of the Borough of Bogota.
[Ord. #961, SV]
Any person whose registration has been revoked under the provisions of Subsection 9-5.5 may re-register and have his name re-entered upon the registration list upon filing with the construction code official a certificate or affidavit to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent, and upon payment of the fee prescribed in Subsection 9-5.3.
[Ord. #1133, S3]
No permit shall be issued to any contractor required to register pursuant to this section unless the contractor includes with the permit application an insurance certificate evidencing that the contractor has in place the insurance required by this section, with the property owner of the subject premises indicated on the certificate as an additional insured or certificate holder.
[Ord. #973, S1]
The purpose of this section is to identify and mark buildings of truss type construction in order to safeguard the occupants and emergency personnel in the event of fire or other hazardous condition.
[Ord. #973, S2]
The provisions of this section shall apply to the owner of any building or structure of truss type construction as determined by the fire official.
[Ord. #973, S3]
a. 
Truss type construction. A truss is a single plane framework of individual structural members connected at their ends to form a series of triangles or one piece construction, to span a distance greater than would be possible with any of the individual members on their own.
b. 
Owner shall mean any natural person or individual, or any firm, partnership, association, limited partnership, sole proprietorship, corporation or other business entity or any government agency or entity.
c. 
Fire official shall mean the Borough of Bogota Fire Officials or their designated representative, as defined in N.J.A.C. 5:18 Uniform Fire Code.
d. 
Building/structure shall mean a building or structure used or intended for supporting or sheltering any use or occupancy, including but not limited to commercial, residential, governmental, educational and any other place of public assembly.
[Ord. #973, S4]
a. 
The section shall be enforced by the fire official as required by the mayor and council.
b. 
Upon inspection and identification of a building of such truss type construction, the owner shall be notified by the fire official of the requirements of this section in accordance with the Uniform Fire Code of the State of New Jersey.
c. 
Upon notification the owner will be required to permanently affix a Bogota Fire Department approved emblem/logo which shall be permanently attached to the left of the main entrance door at a height of four (4) to six (6) feet above the ground. This emblem/logo shall be in the form of a contrasting fluorescent colored isosceles triangle with dimensions of twelve (12) inches horizontally by six (6) inches vertically. The identification emblem/logo shall be properly installed by the owner within ten days of receipt of written notice by the borough fire official. The initial, and all subsequent identification, emblem/logo shall be supplied by the Bogota Fire Department at the sole cost of owner of the premises.
d. 
The owner shall be required to maintain the approved identification logo at the designated locations on the building, missing or damaged identification logos will be reported to the fire official immediately. Replacement cost shall be the responsibility of the owner. Replacement must be made within ten days of written notice from the fire official. Approved identification logos are available from the fire official, at the sole cost of the owner of the premises.
[Ord. #973, S5]
a. 
Initial identification and marking fee: three hundred ($300.00) dollars.
b. 
Replacement logos will be billed based on current costs per unit.
c. 
The mayor and council may waive fees for non-profit and charitable organizations.
[Ord. #973, S6]
Penalties shall be assessed in accordance with the Uniform Fire Code, State of New Jersey N.J.A.C. 5:18-1.12 et seq.
[Ord. #973, S7]
The form of the identification emblem/logo can be changed by the borough at any time upon reasonable notice to the property owners. Any cost associated relating to the change of the emblem/logo shall be borne by the owner.
[Ord. #995, SI]
It is the specific purpose and intent of this section to permit accessory dwelling units in all single family residential zones to provide the opportunity for the development of small apartments designed to meet the special housing needs of small family households and the elderly. Furthermore, it is the purpose and intent of this section to allow the more efficient use of the borough's existing housing stock of dwellings (and accessory buildings) to provide economic support for present resident families of limited income, and to protect and preserve property values.
[Ord. #995, SII]
The following terms when used in this section shall be construed as follows:
ACCESSORY APARTMENT
Shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters, and a private entrance, which is created within an existing home, or through the conversion of an existing attached accessory structure on the same site, or by an addition to an existing home or accessory building.
ACCESSORY STRUCTURE
Shall mean a building or structure which is customarily incidental and subordinate to the principal building or on the same or adjoining lot in the same ownership.
FLOOR AREA OF DWELLING UNIT
Shall mean the total horizontal area used for general living purposes, excluding open porches, terraces, breezeways, patios or public stairways.
OCCUPANT
Shall mean a natural person only and not a corporation, partnership or other similar entity.
PRIMARY DWELLING UNIT
Shall mean the original or larger unit in the dwelling after the creation of an accessory apartment.
SINGLE FAMILY RESIDENCE
Shall mean a self-contained residential structure located in a one (1) family zone.
[Ord. #995, SIII]
Notwithstanding any other provision of this code or any ordinance, accessory apartments shall be permitted in any residential zone upon the following conditions:
a. 
A maximum of one (1) accessory apartment shall be permitted in each existing or future single family residence. The accessory apartment must be located entirely within the habitable portion of the principal dwelling and no apartment or portion thereof will be permitted in any garage, basement, attic, outbuilding or detached accessory structure.
b. 
The minimum floor area of the accessory apartment shall be at least five hundred (500) square feet, but in no case shall it exceed thirty (30%) percent of the area of the primary dwelling unit in which it is located, unless, in the opinion of the Planning Board/Zoning Board of Adjustment, a greater or lesser amount of the floor area is warranted by the specific circumstances of the particular dwelling.
[Amended by Ord. No. 11-2]
c. 
A maximum number of three (3) occupants per accessory apartments shall be permitted, unless additional occupants are permitted by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
d. 
Each primary dwelling unit and accessory apartment shall be required to have living and sleeping space, kitchen and bath facilities for the exclusive use of its occupants. Each primary dwelling unit and accessory apartment shall consist of not less than two (2) rooms, one (1) of which shall be a full bathroom, but shall have no more than two (2) bedrooms. Each accessory apartment must have at least one (1) separate entrance to the outdoors. However, no additional entrances will be permitted on the front of the primary dwelling unit, and the single family residence must continue to resemble by all outward appearances of a single family home.
e. 
The building in question must be owner occupied at all times. Occupancy of the accessory apartment by the owner will be permitted. However, at least one (1) of the apartments, either the accessory apartment or the primary dwelling unit, must be occupied by a low or moderate income household, as low or moderate income is defined pursuant to State statute and as it pertains to Bergen County.
f. 
The owner shall demonstrate that adequate off-street parking exists for the property or will be provided for both the primary dwelling unit and accessory apartment and must comply with existing parking ordinances of the Borough of Bogota.
g. 
The owner shall be required to obtain a certificate of occupancy prior to renting the accessory apartment.
h. 
The certificate of occupancy shall be issued in accordance with existing certificate of occupancy ordinances of the borough.
i. 
At the time a certificate of occupancy is obtained, the owner must execute a deed restriction acknowledging the terms and conditions of this section, and the restrictions therein.
j. 
The certificate of occupancy will expire if any of the following events occur: sale of the single family residence, vacation of the unit occupied by the low or moderate income household, or occupancy of the accessory apartment by more than three (3) persons unless permitted. Upon expiration of the certificate of occupancy for any of the above reasons, the owner shall apply for a new certificate of occupancy, which may or may not be granted by the Planning Board/Zoning Board of Adjustment depending on the factual circumstances.
[Amended by Ord. No. 11-2]
k. 
During the month of January of each year, the owner shall provide to the borough housing committee, on forms provided, certification that the above standards and conditions are in effect.
l. 
During the month of January of each year, after the issuance of the certificate of continued occupancy, the owner shall file a further statement with the borough housing committee which shall reaffirm the requirement that all approvals have not been violated.
m. 
The mayor with the advice and consent of the council shall appoint for three (3) year terms, three (3) persons (one (1) of which shall be a member of the council) to the office of borough housing committee person. The purpose of this committee shall be to oversee and monitor the provisions of this section.
n. 
The improvement to the building in question shall fall under the tax exemptions authorized pursuant to sections I, II and III of the Borough of Bogota Ordinance No. 978, however, the building in question shall now be assessed as a two (2) family dwelling.
o. 
A maximum of ten (10) accessory apartment units shall be permitted per voting district for a total of sixty (60) units in the borough. All accessory apartments per district shall be permitted on a first come basis. Each homeowner wishing to convert to an accessory apartment shall request permission from the borough's housing committee who shall keep permanent records on file relative to the district quotas and/or waiting lists.
This section shall be applicable to the demolition of any structure and shall include but not be limited to construction debris, demolition debris, roofing debris, concrete, asphalt, trees, including stumps, branches and shrubbery, excavation such as water mains and gas line pipes, ferrous or wood railroad and trolley tracks, pilings of all kinds, houseboats, docks and piers.
[Ord. #1073, SI; Ord. #1083, SI]
Prior to the issuance of a permit for the demolition of any structure pursuant to N.J.A.C. 5:23-2.17 or other applicable regulation, the person, firm or entity making such application shall post with the construction official security in the form of cash, certified check, irrevocable letter of credit or surety bond issued by a surety company authorized to do business in New Jersey. Such security shall be in the amount of ten thousand ($10,000.00) dollars for one (1) and two (2) family homes and twenty-five thousand ($25,000.00) dollars for all other buildings. Notwithstanding the foregoing, the removal of accessory structures shall be one hundred ($100.00) dollars. The purpose of the security or condition of the bond shall be to insure that demolition shall have been performed in a good and workmanlike manner as well as to guarantee compliance with subsection 9-8.3 of this section, in addition to all other regulations governing demolition. In the event a bond is posted, the beneficiary of the security or obligee shall be the borough, the owner or owners of the land and any persons having an interest in the realty involved on which the demolition is taking place, and the term of any security, be it cash, certified check, irrevocable letter of credit or surety bond, shall terminate no earlier than the expiration date of the demolition permit, plus an additional thirty (30) days.
[Ord. #1073, SI]
Within five (5) days after completion of demolition of any building or structure, the applicant shall cause to be filed with the recycling coordinator of the borough, a municipal recycling tonnage application commercial business form and accompanying documentation. Such form shall be available from the construction official and shall be filed with the recycling coordinator of the borough. In the event any person, including an owner, contractor or builder, during the course of a demolition activity shall discover the existence of recyclable items, same shall be reported and duly documented in accordance with this section and the recycling coordinator shall be notified.
[Ord. #1073, SI]
Upon the expiration of thirty (30) days after demolition of the building or structure if the permit holder has satisfied the requirements of this section, the construction official may release the security posted to the applicant. Notwithstanding the foregoing, if the construction official has been notified in writing of the commencement of litigation involving the demolition that was the subject of a permit and the litigation alleges a violation of the purpose or condition of the security or bond posted herewith, the construction official shall forthwith transmit such security or bond to the clerk of the court involved for disposition of the matter.
Editor's Note: Ordinance No. 1295 authorized the tax assessor to extend the provisions of this section for an additional term of ten (10) years as authorized by N.J.S.A. 40A:21-4.
[Ord. #1081, SI]
The Borough of Bogota, subject to other governmental agency's approval, is acknowledged and recognized as a qualified municipality pursuant to N.J.S.A. 40A:21-1 et seq.
[Ord. #1081, SI]
The entire Borough of Bogota is designated to participate in the tax abatement for all residential housing units twenty (20) years or older. The first fifteen thousand ($15,000.00) dollars, in the assessor's full and true value of home improvements in any single or multiple dwelling property, more than twenty (20) years old, shall be regarded as not increasing the value of such property for a period of five (5) years, notwithstanding that the value of the dwelling to which such improvements are made, is increasing, thereby provided, however, that during said period, the assessment on such dwelling shall, in no case, except that of damage through action of the elements sufficient to warrant reduction, be less than the assessment thereon existing immediately prior to such home improvement.
[Ord. #1081, SI]
The property tax abatement procedure of the Borough of Bogota shall be provided by law and amended regulations of the department of community affairs or other governmental agencies, as applicable.
[Ord. #1081, SI]
The tax assessor of the Borough of Bogota shall implement the application of N.J.S.A. 40A:21-1 et seq. and shall accept and receive applications for exemption of improvements as qualified, and record such applications and make them a permanent part of the official tax records of the Borough of Bogota. The assessor shall, with the annual notice of assessment, provide a statement explaining the abatement procedures and regulations to all residential property owners.
[Ord. #1293, S1]
The following terms when used in this section shall be defined as follows:
BOROUGH
Shall mean the Borough of Bogota.
ILLEGAL OCCUPANCY
Shall mean property occupied by any person that is an occupancy in violation of the zoning ordinance or any other ordinance or code of the borough or the State of New Jersey.
OWNER-LANDLORD
Shall mean a person renting, leasing, or otherwise making available property for residential occupancy in the borough, excluding mortgagees in possession of a structure through foreclosure.
PERSON
Shall mean any individual, corporation, sole proprietorship, partnership, limited liability company, or any other legal entity, association, or group of entities or individuals, occupying, owning, or operating property located in the borough.
PROPERTY
Shall mean real property located in the borough on which there is located any house, building, mobile home or land in a mobile home park, or tenement leased for residential purposes, other than (1) owner-occupied premises with not more than two (2) rental units or a hotel, motel, or other guest house or part thereof rented to a transient guest or seasonal tenant; (2) a dwelling unit which is held in trust on behalf of a member of the immediate family of the person or persons establishing the trust, provided that the member of the immediate family on whose behalf the trust is established permanently occupies the unit; and (3) a dwelling unit which is permanently occupied by a member of the immediate family of the owner of that unit, provided, however, that exception (2) or (3) shall apply only in cases in which the member of the immediate family has a developmental disability.
SECOND OR SUBSEQUENT VIOLATION
Shall mean and be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agent during the time period required for summary dispossession proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction.
TENANT
Shall mean any person occupying property in the borough, whether as a tenant, lessee, or otherwise.
[Ord. #1293, S1]
Any tenant who is evicted or who receives notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results from the zoning or code enforcement activity of the borough for an illegal occupancy, pursuant to N.J.S.A. 2A:18-61.1(g)(3), shall be considered a displaced person and shall be entitled to relocation assistance to be paid by the owner-landlord of the structure in an amount equal to six (6) times the monthly rental paid by the tenant.
[Ord. #1293, S1]
a. 
Any owner-landlord found to have an illegal occupancy in a structure located on property in the borough, in addition to the relocation assistance pursuant to subsection 9-10.2, shall upon a conviction, be liable for a fine payable to the borough in an amount equal to six (6) times the monthly rental paid by the displaced tenant.
b. 
Any owner-landlord found to have an illegal occupancy for a second or subsequent violation shall, in addition to the penalties under paragraph a, be liable for a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school in the borough, pursuant to N.J.S.A. 2A:18-61.lg(c).
[Ord. #1456; amended 6-27-2019 by Ord. No. 1525]
As used in this section, the following terms shall have the meanings indicated:
OWNER
Any title holder, any agent of the title holder having authority to act with respect to a vacant property, any foreclosing entity subject to the provisions of N.J.S.A. 46:10B-51 (P.L. 2008, c. 127, Sec. 17, as amended by P.L. 2009, c. 296), or any other entity determined by the Borough of Bogota to have authority to act with respect to the property.
VACANT PROPERTY
Any vacant land, or any building used or to be used as a residence which is not legally occupied or at which substantially all lawful construction operations or residential occupancy has ceased, and which is in such condition that it cannot legally be reoccupied without repair or rehabilitation, including, but not limited to, any property meeting the definition of "abandoned property" in N.J.S.A. 55:19-80; provided, however, that any property where all building systems are in working order, where the building and grounds are maintained in good order, or where the building is in habitable condition, and where the building is being actively marketed by its owner for sale or rental, shall not be deemed a vacant property for purposes of this section.
[Ord. #1456; Ord. No. 1489]
The owner of any vacant property as defined herein shall, within thirty (30) calendar days after the building becomes vacant property or within thirty (30) calendar days after assuming ownership of the vacant property, whichever is later; or within ten (10) calendar days of receipt of notice by the municipality, file a registration statement for such vacant property with the Property Maintenance Officer on forms provided by the Borough for such purposes. Failure to receive notice from the municipality shall not constitute grounds for failing to register the property.
a. 
Each party having a separate block and lot number as designated in official records of the municipality shall be registered separately.
b. 
The registration statement shall include the name, street address, telephone number, and email address (if applicable) of a person twenty-one (21) years or older, designated by the owner or owners as the authorized agent for receiving notices of code violations and for receiving process in any court proceeding or administrative enforcement proceeding on behalf of such owner or owners in connection with the enforcement of any applicable code: and the name, street address, telephone number, and email address (if applicable) of the firm and the actual name(s) of the firms individual principal(s) responsible for maintaining the property shall be available by telephone or in person on a twenty-four (24) hour per day, seven-day (7) per week basis. The two (2) entities may be the same or different persons. Both entities shown on the statement must maintain offices in the State of New Jersey or reside within the State of New Jersey.
c. 
The registration shall remain valid for one year from the date of registration except for the initial registration time which shall be pro-rated through December 31. The owner shall be required to renew the registration annually as long as the building remains a vacant property and shall pay registration or renewal fee in the amount prescribed in subsection 9-11.5 of this section, for each vacant property registered.
d. 
The annual renewal shall be completed by January 1st each year. The initial registration fee shall be pro-rated for registration statements received less than ten (10) months prior to that date.
[Ord. No. 1489]
e. 
The owner shall notify the Borough Clerk within thirty (30) calendar days of any change in the registration information by filing an amended registration statement on a form provided by the Borough Clerk for such purpose.
f. 
The registration statement shall be deemed prima facie proof of the statements therein contained in any administrative enforcement proceeding or court proceeding instituted by the Borough against the owner or owners of the building.
[Ord. #1456]
The owner of any vacant property registered under this section shall provide access to the Borough to conduct exterior and interior inspections of the building to determine compliance with municipal codes, upon reasonable notice to the property owner or the designated agent. Such inspections shall be carried out on weekdays during the hours of 9:00 a.m. through 4:00 p.m. or such other time as may be mutually agreed upon between the owner and the Borough.
[Ord. #1456]
a. 
An owner who meets the requirements of the section with respect to the location of his or her residence or workplace in the State of New Jersey may designate him or herself as agent or as the individual responsible for maintaining the property.
b. 
By designating an authorized agent under the provisions of this section, the owner consents to receive any and all notices of code violations concerning the registered vacant property and all process in any court proceeding or administrative enforcement proceeding brought to enforce code provisions concerning the registered building by service of the notice or process on the authorized agent. Any owner who has designated an authorized agent under the provisions of this section shall be deemed to consent to the continuation of the agent's designation for the purposes of this section until the owner notifies the Borough of Bogota by regular and certified mail, any and all notices of code violations and all process in an administrative proceeding brought to enforce code provisions concerning the building.
[Ord. #1456; Ord. No. 1489]
The initial registration of the property shall be two hundred fifty ($250.00) dollars. Upon renewal of the registration for the second year, the registration fee shall be five hundred ($500.00) dollars, renewal for the third year shall be one thousand ($1000.00) dollars, renewal for the fourth year shall be two thousand five hundred ($2,500.00) dollars, and for every year thereafter said registration fee shall be five thousand ($5,000.00) dollars.
[Ord. #1456; reserved by Ord. No. 1489]
[Ord. #1456]
a. 
The owner of any building that has become vacant property, and any person maintaining or operating or collecting rent for any such building that has become vacant shall, within thirty (30) days thereof:
1. 
Enclose and secure the building against unauthorized entry as provided in the applicable provisions of the Borough Code, or as set forth in the rules and regulations supplementing those codes until the building is again legally occupied or demolished or until repair or rehabilitation of the building is complete; and
2. 
Ensure that the exterior grounds of the structure, including yards, fences, swimming pools, sidewalks, walkways, right-of-ways, alleys, retaining walls, attached or unattached accessory structures and driveways, are well-maintained and free from trash, debris, loose litter, and grass and weed growth; and
[Ord. #1456; Ord. No. 1489]
a. 
If the owner is in violation of any terms and conditions of this section, the Borough shall send notice to the owner, via certified and regular mail, as identified on the registration, that such violation must be remedied within thirty (30) days. If such violation is not remedied within thirty (30) days of such notice, the Borough shall cause a summons to be issued.
b. 
In addition to such summons, the Borough shall have the right to expend public funds in order to abate the nuisance, correct or remedy the violation, or secure the premises against unauthorized entry, and such costs shall be paid by the property owner and/or registered agent.
[Ord. No. 1489]
c. 
(Reserved)
[Reserved by Ord. No. 1489]
d. 
For the purposes of obnoxious weeds or growth, the cutting of the grass, or removal of snow and ice, the notice provided to the owner pursuant to paragraph a above, shall include such notice that unless the owner shall object, a regular schedule shall be established between the contractor and the Borough to trim said obnoxious weeds or growth, to cut the grass, or remove the snow and ice on the property. Said regular schedule of work shall be no more than twice a month.
[Ord. #1456]
a. 
Any person who violates any provision of this section or of the rules and regulations issued hereunder shall be fined not less than $100.00 and not more than $2,000.00 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this subsection shall be recoverable from the owner and shall be a lien on the property; and
b. 
For purposes of this section, failure to file a registration statement within thirty (30) calendar days after a building becomes vacant property or within thirty (30) calendar days after assuming ownership of a vacant property, whichever is later, or within ten (10) calendar days of receipt of notice by the municipality, and failure to provide correct information on the registration statement, or failure to comply with the provisions of such provisions contained herein shall be deemed to be violations of this section.
[Ord. #1501]
The Borough's Construction Code Official shall be appointed to exercise the powers prescribed within this section.
[Ord. No. 1501]
a. 
The Construction Code Official shall be empowered to determine based upon their own inspection and determination that any building shall be unfit for human habitation, occupancy or use; or
b. 
At least five (5) residents shall be permitted to sign a petition addressed to the Construction Code Official charging that any building is unfit for human habitation, occupancy, or use at which time the Construction Code Official shall be required to perform such inspection and render a report.
c. 
Upon receipt, the Construction Code Official shall provide a copy of said petition to the Borough Administrator and shall provide a copy of their final report to the Borough Administrator.
[Ord. No. 1501]
a. 
If the investigation by the Construction Code Official, whether on their own, or via a petition signed by the residents pursuant to subsection 9-12.2(b), determines that there is a basis for such charges that the structure is unfit for human habitation, occupancy, or use, the Construction Code Official shall serve upon the owner of the premises a complaint, stating the charges in that respect and containing a notice that a hearing will be held before the Construction Code Official, or their designated agent, at a place therein fixed, not less than seven (7) days nor more than thirty (30) days after service of the complaint and to appear in person, or otherwise, and give testimony. The rules of evidence prevailing in the Courts shall not be controlling in hearings before the Construction Code Official.
b. 
If after such notice and hearing, the Construction Code Official determines that the structure under consideration is unfit for human habitation, occupancy, or use, they shall state in writing their findings of facts in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order:
1. 
Requiring repair, alteration or improvement of the said structure to be made by the owner, within a reasonable time, which time shall be set forth in the order or have the said structure vacated and closed within the time set forth in the order; and
2. 
If the building is in such a condition as 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 structure within the time specified in the order, then the owner shall be required to remove or demolish the said structure within a reasonable time as specified in the said order of removal.
[Ord. No. 1501]
a. 
That, if the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Construction Code Official may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Construction Code Official may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This structure is unfit for human habitation, occupancy, or use; the use or occupation of this structure is prohibited and unlawful."
b. 
That, if the owner fails to comply with an order to remove or demolish the building, the Construction Code Official may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
[Ord. No. 1501]
That the amount of:
a. 
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 act determined in favor of the municipality; and
b. 
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or of the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such structure or from any contact for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the structure is removed or demolished by the Construction Code Official, he shall sell the materials of such structure, if any. 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 structure. 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 assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Construction Code Official, 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 thirty (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.
[Added 10-17-2019 by Ord. No. 1534]
The Mayor and Council of the Borough of Bogota does hereby find and determine that the planting, cultivating and/or growing of bamboo constitutes a public nuisance and that it is necessary and proper to control the planting, cultivating and/or growing of bamboo plants in the Borough and to require barriers to prevent the encroachment of existing bamboo plants across property lines.
Subject to certain exemptions set forth in this section, no persons, residents, citizens, property owners, tenants or other entities shall plant, cultivate or cause to grow any bamboo plant upon any lot and/or parcel of ground anywhere within the territorial boundaries of the Borough of Bogota.
The following shall be exempt from the requirements of this section:
a. 
Any existing bamboo plant located on any property within the Borough limits. Notwithstanding the foregoing, no portions of such bamboo shall be allowed to grow upon, extend roots across, or extend branches, stalks or leaves past the property boundary or onto any public right-of-way. Furthermore, the general prohibitions set forth in Subsection 9-13.2 shall apply with respect to any bamboo plant whose presence on property located in the Borough does not predate the effective date of this section.
b. 
Any bamboo plant where the root system of such bamboo plant is entirely contained within an above-ground-level planter, barrel, or other vessel of such design, material and location as to entirely prevent the spread of growth of the bamboo plant's root system beyond the container in which it is planted.
c. 
Permitted height established. Any bamboo plant which is permitted pursuant to this section and is growing within 10 feet of any street, or within 25 feet of the intersection of two streets, shall be cut to a height of not more than 2 1/2 feet.
Whenever there is an encroachment of any bamboo plant or root onto the property of another landowner, the property owner subject to the encroachment shall serve a written notification on the owner of the offending property in accordance with the following requirements:
a. 
The notice shall specify the nature and location(s) of the encroachment(s).
b. 
The notice shall state that the encroachment(s) must be corrected within 30 calendar days from the date the notice is received.
c. 
The notice shall be either hand-delivered or mailed by certified mail, return receipt requested, properly addressed and with sufficient postage. Notice by certified mail shall be deemed complete on the date of personal delivery, or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office.
d. 
If the violation is not remedied within the time frame set forth in the aforesaid notice, the offending property owner is hereby authorized and empowered to bring a complaint against the violator in the Bogota Municipal Court.
Any person or entity determined by a court of competent jurisdiction to have violated any provision of this section shall be required to completely remove any encroachments of bamboo on the offended property owner's land. If the offended property owner has already removed the encroaching bamboo, then any reasonable costs associated with such removal shall be reimbursed to the property owner by the offending party.