[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).
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:
(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:
(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:
10.
The fire subcode fees shall be as follows:
Minimum fee shall be: $50.00
(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
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.
[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]
[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:
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.
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.
Shall mean the total horizontal area used for general living
purposes, excluding open porches, terraces, breezeways, patios or
public stairways.
Shall mean a natural person only and not a corporation, partnership
or other similar entity.
Shall mean the original or larger unit in the dwelling after
the creation of an accessory apartment.
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:
Shall mean the Borough of Bogota.
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.
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.
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.
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.
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.
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:
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.
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.
[Added 11-10-2022 by Ord.
No. 1589; amended 9-21-2023 by Ord. No. 1604]
a.
Except as
provided in paragraph b of this section, the owner of a business or
the owner of a rental unit or units shall maintain liability insurance
for negligent acts and omissions in an amount not less than $500,000
for combined property damage and bodily injury to, or death of, one
or more persons in any one accident or occurrence.
b.
The owner
of a multifamily home which is four or fewer units, one of which is
owner-occupied, shall maintain liability insurance for negligent acts
and omissions in an amount not less than $300,000 for combined property
damage and bodily injury to, or death of, one or more persons in any
one accident or occurrence.
c.
All owners
of property who fall within the categories set forth in paragraphs
a and b herein shall annually register a certificate of insurance
that meets the requirements of this section with the Bogota Bureau
of Fire Prevention by no later than February 1 of each year, or within
30 days of obtaining ownership of the property.
d.
There shall
be an annual administrative fee of $50 that must be paid at the time
the certificate of insurance is registered.
e.
Failure
to annually register a certificate of insurance on or before February
1 of each year shall result in the following fine: $500 for businesses
and multifamily residential buildings containing four or fewer units;
$1,000 for owners of multifamily residential buildings containing
more than four units but fewer than 25 units; $2,500 for owners of
multifamily residential buildings containing more than 25 units. This
penalty may be collected through a summary proceeding pursuant to
the Penalty Enforcement Law of 1999, P.L. 1999, c. 274 (N.J.S.A. 2A:58-110
et seq.). Violators of this section shall owe a separate fine for
each year that a violation continues.
[Added 6-8-2023 by Ord.
No. 1597]
a.
Notwithstanding anything to the contrary contained in the Borough
Code, it shall be unlawful for an owner, lessor, sublessor, or any
other person(s) or entity(ies), acting in concert or combination thereof,
to receive or obtain actual or anticipated consideration for soliciting,
advertising, offering, and/or permitted, allowing, or failing to discontinue
the occupancy of any dwelling unit, as defined herein, for a period
of 30 days or less.
b.
Nothing in this chapter will prevent formation of an otherwise lawful
occupancy of a dwelling unit for a rental period of more than 30 days.
[Added 6-8-2023 by Ord.
No. 1597]
The following terms shall have the meanings indicated:
Any form of solicitation, promotion, and communication for
marketing used to solicit, encourage, persuade or manipulate viewers,
readers or listeners into contracting for goods and/or services in
violation of this chapter, as same may be viewed through various media
including but not limited to, newspapers, magazines, flyers, handbills,
pamphlets, commercials, radio, direct mail, internet websites or text
or other electronic messages for the purpose of establishing occupancies
or uses of rental property, for consideration, which are prohibited
by this chapter.
Soliciting, charging, demanding, or accepting any legally
recognized form of consideration, including a promise or benefit,
a quid-pro-quo, rent, fees or other form of payment or thing of value,
whether received or not.
Any structure, or portion thereof, whether furnished or unfurnished,
which is occupied in whole or in part, or intended, arranged or designed
to be occupied for sleeping, dwelling, cooking, gathering and/or entertaining,
as a residential occupancy by one or more persons. This definition
includes an apartment, house, condominium, building, cooperative,
converted space or portions thereof that is offered to use, made available
for use, or is used for accommodations, lodging, cooking, sleeping,
gathering and/or entertaining of occupants and guest(s), for consideration,
for a period of 30 days or less.
Constitutes a family-type situation, involving one or more
persons, living together that exhibit the kind of stability, permanency
and functional lifestyle equivalent to that of a traditional family
unit, as further described in reported and unreported decisions of
the New Jersey Courts.
Any individual using, inhabiting, living, gathering, entertaining,
being entertained as a guest, or sleeping in a dwelling unit, or portion
thereof, or having other permission or possessory right(s) within
a dwelling unit.
Any person(s) or entity(ies) association, limited liability
company, corporation, or partnership, or any combination, who legally
own, lease, sub-lease or license a dwelling unit.
An individual, firm corporation, association, partnership,
limited liability company, entity, and any person(s) and/or entity(ies)
acting in concert or any combination therewith.
The use of a dwelling unit by an occupant(s).
Any rental of a dwelling unit for less than 30 consecutive
days.
A person "solicits" if, with the intent to promote or facilitate
the short-term rental of a dwelling unit, such person commands, encourages,
requests another person to engage in a short-term retinal agreement.
[Added 6-8-2023 by Ord.
No. 1597]
The residential occupancy of an otherwise lawful and lawfully
occupied dwelling unit for a period if 30 days or less by any person
who is a member of the housekeeping unit of the owner, without consideration,
such as a house guest, is permitted.
[Added 6-8-2023 by Ord.
No. 1597]
It shall be unlawful and a violation of this chapter to advertise,
solicit, or promote by any means any action that violates this chapter.
[Added 6-8-2023 by Ord.
No. 1597]
a.
The provisions of this chapter shall be enforced by the Building
Code Official, or other person(s) designated by the Borough Council
to issue municipal civil infractions.
b.
A violation of this chapter is hereby declared to be a public nuisance.
c.
Any person found to have violated any provision of this chapter,
without regard to intent or knowledge shall be liable for a maximum
civil penalty, upon adjudicated violation or admission, of a fine
not to exceed $1,250. Each day of such violation shall be a new a
separate violation of this chapter.
[Added 11-9-2023 by Ord.
No. 1607]
The following terms shall have the meanings indicated below
pursuant to N.J.S.A. 52:27D-437.16 and N.J.A.C. 5:28A-1.2, both of
which are incorporated by reference.
Commissioner of the Department of Community Affairs.
A real estate development or neighborhood in which the property
is burdened by servitudes requiring property owners to contribute
to maintenance of commonly held property or to pay dues or assessments
to an owners' association that provides services or facilities
to the community. Common interest community includes, but is not limited
to, condominiums and cooperative housing corporations.
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development (HUD) and as conducted pursuant to
N.J.A.C. 5:28A-2.3.
A building containing a room or rooms, or suite, apartment,
unit, or space, that is rented and occupied, or intended to be rented
and occupied, for sleeping and dwelling purposes by one or more persons.
A unit within a building that is rented and occupied, or
intended to be rented and occupied, for sleeping and dwelling purposes
by one or more persons.
A set of measures designed to permanently eliminate lead-based
paint hazards, in accordance with the standards established by the
Commissioner at N.J.A.C. 5:17.
A firm certified by the Department of Community Affairs to
perform lead inspection and risk assessment work pursuant to N.J.A.C.
5:17. This includes the ability to perform dust wipe sampling.
Lead free means that a dwelling has been certified to have
no lead-based paint or has undergone lead abatement, in accordance
with N.J.A.C. 5:17.
Lead safe means that a dwelling has been found to have no
outstanding lead-based paint hazards. It does not mean that the dwelling
is certified to be lead free.
Paint or other surface coating material that contains lead
in excess of 1.0 milligrams per centimeter squared or in excess of
0.5 percent by weight, or such other level, as may be established
by federal law.
Any condition that causes exposure to lead from lead-contaminated
dust or lead-contaminated paint that is deteriorated or present on
surfaces, that would result in adverse human health effects.
Lead-free certification means the certificate issued, in
accordance with N.J.A.C. 5:17, which states that there is no lead-based
paint, or that the dwelling has undergone lead abatement, in accordance
with N.J.A.C. 5:17.
"Multiple dwelling" means any building or structure and any
land appurtenant thereto, and any portion thereof, in which three
or more dwelling units are occupied or intended to be occupied by
three or more persons living independently of each other. "Multiple
dwelling" also means any group of 10 or more buildings on a single
parcel of land or on contiguous parcels under common ownership, in
each of which two dwelling units are occupied, or intended to be occupied,
by two persons or households living independently of each other, and
any land appurtenant thereto, and any portion thereof. "Multiple dwelling"
does not include those buildings and structures that are excluded
pursuant to N.J.S.A. 55:13A-3(k).
Interim controls or lead abatement work undertaken in conformance
with this chapter to address lead-based paint hazards.
Tenant turnover means the time at which all existing occupants
vacate a dwelling unit and all new tenants move into the dwelling
unit or the time at which a new tenant enters a vacant dwelling unit.
A visual examination for deteriorated paint or visible surface
dust, debris, or residue, and as conducted pursuant to N.J.A.C. 5:28A-2.3.
[Added 11-9-2023 by Ord.
No. 1607]
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq. (Lead Hazard Control Assistance Act) and implementing regulations
at N.J.A.C. 5:28A-4.1 et seq, and N.J.S.A. 55:13A-1 et seq. (Hotel
and Multiple Dwelling Law), as may be amended from time to time.
[Added 11-9-2023 by Ord.
No. 1607]
The Borough shall inspect every single-family, two-family, and multiple rental dwelling located within the Borough at tenant turnover for lead-based paint hazards on or before July 22, 2024, whichever is earlier. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification. The owner of any such rental dwelling shall not permit any tenant turnover without first complying with this section. The Borough shall charge the dwelling owner or landlord, and the dwelling owner or landlord shall pay the Borough in advance of any inspection, applicable fees set forth in subsection 9-16.12, which fees shall be dedicated to meeting the costs of implementing and enforcing this section. For the purposes of this section, "Borough" shall mean the Construction Code Official, Property Maintenance Official, Health Officer or designee, or other Borough employee possessing the qualifications to perform the required inspections.
[Added 11-9-2023 by Ord.
No. 1607]
The dwelling owner or landlord may directly hire a lead evaluation
contractor who is certified to provide lead paint inspection services
by the Department of Community Affairs to satisfy the requirements
of this chapter, instead of the Borough conducting the inspection.
In the event that a dwelling owner or landlord directly hires such
a lead evaluation contractor, "Borough" shall also mean and include
such privately hired lead evaluation contractor for purposes of this
section.
[Added 11-9-2023 by Ord.
No. 1607]
The Borough may consult with the local health board, the New
Jersey Department of Health, or the Department of Community Affairs
concerning the criteria for the inspection and identification of areas
and conditions involving a high risk of lead poisoning in dwellings,
methods of detection of lead in dwellings, and standards for the repair
of dwellings containing lead paint.
[Added 11-9-2023 by Ord.
No. 1607]
Notwithstanding any language in subsection 9-16.3 to the contrary, a dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
a.
Has been certified to be free of lead-based paint;
b.
Was constructed during or after 1978;
c.
Is in a multiple dwelling constructed prior to 1978 that has been
registered with the Department of Community Affairs as a multiple
dwelling for at least 10 years, either under the current or a previous
owner, and has no outstanding paint violations from the most recent
cyclical inspection performed on the multiple dwelling under the Hotel
and Multiple Dwelling Law (N.J.S.A. 55:13A-1, et seq.);
1.
All multiple dwelling units constructed prior to 1978 that have been
registered with the Department of Community Affairs for at least 10
years and that have a current certificate of inspection issued by
the Department of Department of Community Affairs, Bureau of Housing
Inspection, shall be exempt.
2.
All multiple dwelling units constructed prior to 1978 that have been
registered with the Department of Community Affairs for at least 10
years with open inspections that have no violations for paint shall
also be exempt.
d.
Is a single-family or two-family seasonal rental dwelling that is
rented for less than six months duration each year by tenants that
do not have consecutive lease renewals; or,
e.
Has a valid lead-safe certification issued in accordance with this
Section.
[Added 11-9-2023 by Ord.
No. 1607]
If the Borough finds that a lead-based paint hazard exists in a dwelling unit upon conducting an inspection pursuant to subsection 9-16.3, then the owner of the dwelling unit shall remediate the lead-based paint hazard by using abatement or lead-based paint hazard control methods, approved in accordance with the provisions of the Lead Hazard Control Assistance Act (N.J.S.A. 52:27D-437.1 et al.), and as set forth in N.J.A.C. 5:28A-2.5. Upon the remediation of the lead-based paint hazard, the Borough shall conduct an additional inspection of the unit to certify that the hazard no longer exists.
[Added 11-9-2023 by Ord.
No. 1607]
If the Borough finds that no lead-based paint hazards exist in a dwelling unit upon conducting an inspection pursuant to subsection 9-16.3, or following remediation of a lead-based paint hazard pursuant to subsection 9-16.7, then the Borough shall certify the dwelling unit as lead-safe on a form prescribed by the Department of Community Affairs, as provided for in regulations or guidance promulgated pursuant to N.J.S.A. 52:27D-437.20. The lead-safe certification provided to the property owner by the Borough pursuant to this section shall be valid for two years.
[Added 11-9-2023 by Ord.
No. 1607]
Property owners shall:
a.
Provide to the tenant and to the municipality, evidence of a valid lead-safe certification obtained pursuant to this section as well as evidence of the most recent tenant turnover at the time of the cyclical inspection carried out under the Hotel and Multiple Dwelling Law (N.J.S.A. 55:13A-1, et seq.), unless not required to have had an inspection by the Borough pursuant to subsection 9-16.6;
b.
Provide evidence of a valid lead-safe certification obtained pursuant to this Section to new tenants of the property at the time of tenant turnover unless not required to have had an inspection by the Borough pursuant to subsection 9-16-6, and shall affix a copy of such certification as an exhibit to the tenant's or tenants' lease; and,
c.
Maintain a record of the lead-safe certification, which shall include the name or names of the unit's tenant or tenants, if the inspection was conducted during a period of tenancy, unless not required to have had an inspection by the Borough pursuant to subsection 9-16.6.
d.
The owner of any dwelling subject to this section shall inform the
municipality of all tenant turnover activity to ensure any required
inspection may be scheduled.
e.
The owner of a dwelling shall provide a copy of this section, and
any lead-safe certifications issued pursuant thereto, along with the
accompanying guidance document, Lead-Based Paint in Rental Dwellings,
to any prospective owners of the dwelling during a real estate transaction,
settlement or closing.
[Added 11-9-2023 by Ord.
No. 1607]
If the Borough finds that a lead-based paint hazard exists in
a dwelling unit upon conducting an inspection pursuant to this section,
then the Borough shall notify the Commissioner of Community Affairs,
who shall review the findings in accordance with the Lead Hazard Control
Assistance Act (N.J.S.A. 52:27D-437.8).
[Added 11-9-2023 by Ord.
No. 1607]
If a lead hazard is identified in an inspection of one of the dwelling units in a building consisting of two or more dwelling units, then the Borough shall inspect the remainder of the building's dwelling units for lead hazards, with the exception of dwelling units that have been certified to be free of lead-based paint. The Borough shall charge an additional fee as set forth in subsection 9-16.12 of the Borough Code for each additional inspection.
[Added 11-9-2023 by Ord.
No. 1607]
The following fees shall apply:
a.
Visual assessment inspection: $250 per dwelling unit.
b.
Dust wipe sampling: $395 per sample.
c.
Administrative fee for filing certification: $30.
d.
In addition to the fees charged for inspections, the Borough shall
assess an additional fee of $20 per unit inspected as required by
the Lead Hazard Control Assistance Act N.J.S.A. 52:27D-437.1, et seq.)
unless the unit owner demonstrates that the Department of Community
Affairs already has assessed an additional inspection fee of $20 pursuant
to the provisions of N.J.S.A. 52:27D-437.10. The fees collected pursuant
to this section shall be deposited into the "Lead Hazard Control Assistance
Fund" established pursuant to N.J.S.A. 52:27D-437.4.
e.
In a common interest community, any inspection fee charged pursuant
to this section shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit.
[Added 11-9-2023 by Ord.
No. 1607]
a.
If less than 3% of children tested in the Borough, six years of age
or younger, have a blood lead level greater than or equal to five
ug/dL, according to the central lead screening database maintained
by the New Jersey Department of Health pursuant to N.J.S.A. 26:2-137.6,
or according to other data deemed appropriate by the commissioner
as such term is used in and for the purposes of N.J.S.A. 52:27D-437.16),
then the Borough may inspect a dwelling located therein for lead-based
paint hazards through visual assessment, in the manner forth in N.J.A.C.
5:28A-2.3.
b.
If at least 3% of children tested, six years of age or younger, have
a blood lead level greater than or equal to five ug/dL, according
to the central lead screening database maintained by the New Jersey
Department of Health pursuant to section 5 of P.L. 1995, c. 328 (C.26:2-137.6),
or according to other data deemed appropriate by the commissioner,
then the Borough shall inspect a dwelling located therein through
dust wipe sampling.
[Added 11-9-2023 by Ord.
No. 1607]
a.
The Borough shall be authorized to conduct investigations and issue
penalties to enforce a property owner's failure to comply with
N.J.S.A. 52:27D-437.16 or this section. If the Borough determines
that a property owner has failed to comply with a provision of N.J.S.A.
52:27D-437.16 et seq. or this section regarding a rental dwelling
unit owned by the property owner, the property owner shall first be
given 30 days to cure any violation by conducting the required inspection
or initiate any required remediation efforts. If the property owner
has not cured the violation after 30 days, the property owner shall
be subject to a penalty not to exceed $1,000 per week until the required
inspection has been conducted or remediation efforts have been initiated.
Remediation efforts shall be considered to be initiated with the dwelling
owner has hired a lead abatement contractor or other qualified party
to perform lead-hazard control methods.
b.
Pursuant to N.J.A.C. 5:28A-2.1(d), the Borough shall exercise appropriate
oversight of a landlord or owner who chooses to hire a lead evaluation
contractor to perform the periodic lead-based paint inspection.
