[Ord. #588; Ord. #607; 1976 Code § 87-1]
a. 
There is hereby established in the Township of Mahwah, a State Uniform Construction Code enforcing agency to be known as the "Township Construction Agency," consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, 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, and an assistant official to each of the officials as enumerated herein. The Construction Official shall be the chief administrator of the enforcing agency.
b. 
Each official position created in paragraph a hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such position.
c. 
The public shall have the right to do business with the enforcing agency at one office location, except for emergencies and unforeseen or unavoidable circumstances.
[1]
Editor's Note: Former subsection 10-1.2, Construction Board of Appeals, previously codified herein and containing portions of prior 1976 Code § 87-2 and Ordinance No. 588 was repealed in its entirety by Ordinance No. 1184.
[Ord. #588; Ord. #607; Ord. #676; Ord. #729; Ord. #759; Ord. #764; Ord. #777; Ord. #790; Ord. #857; 1976 Code § 87-3; Ord. #924; Ord. #911; Ord. #936; Ord. #1060, § I; Ord. #1166; Ord. #1184, § I-V; Ord. #1299, § 1; Ord. #1328, § I; Ord. #1441; Ord. #1496, § 2; Ord. #1662, § 1; Ord. #1669, § 1]
a. 
The fee for a construction permit shall be the sum of the subcode fees, plus all applicable special fees, listed herein and shall be issued as required by the Uniform Construction Code Regulations, 5:23-2.15(e), 3,i,(3). A separate fee computed by volume or estimated cost will be charged at the same rate as designated.
b. 
Building Subcode Fees:
1. 
New construction and additions: $0.060 per c.f.
(a) 
Minimum fee, principal building: $500.
(b) 
Minimum fee, accessory building: $200.
2. 
State training surcharge fee State training fee based upon estimated cost.
3. 
Renovations: alterations and repairs: $30/$1,000 of est. cost.
(a) 
Minimum fee (all subcodes): $75.
(b) 
Reroof commercial: $200.
(c) 
Reroof residential: $75.
(d) 
Reside: $75.
(e) 
Retaining walls over four feet (residential): $75.
(f) 
Retaining walls over three feet (commercial): $200.
4. 
Combinations of renovations and additions are to be determined by combining the fees for the appropriate parts.
5. 
Partial permits for footings and foundation: $500 ea.
6. 
Semi-permanent trailers used for construction offices and storage: $300 ea.
7. 
Certificate of Occupancy: $200 ea.
8. 
Temporary Certificate of Occupancy: $100 ea.
9. 
Annual permits as per Sec. 5:23-2.14(c): $2,000 ea.
10. 
Demolition:
(a) 
Use groups R-3 and R-4: $200 ea.
(b) 
All other use groups: $300 ea.
(c) 
Accessory structures: $100 ea.
11. 
Swimming pools including fences (residential, above ground): $75 ea.
12. 
Swimming pools including fences (residential, inground): $300 ea.
13. 
Swimming pools (public): $500 ea.
14. 
Relocation of structures: $500 ea.
15. 
Modular houses: $500 ea.
16. 
Signs:
(a) 
Up to six s.f.: $75
(b) 
Six or more s.f.: $100.
17. 
Masonry fireplaces: $100 ea.
18. 
Storage tanks, including replacement (underground or aboveground): $75 per 1,000 gal.
Minimum fee (includes L.P.G., flammable liquids, combustible, liquids and gasses): $100 ea.
19. 
Asbestos abatement: $100.
20. 
Lead hazard abatement: $75.
c. 
Mechanical and Fire Subcode Fees:
1. 
All heating appliances and H.V.A.C. equipment including solid fuel burning appliances and duct work, new.
(a) 
Residential: $100 ea.
(b) 
Commercial: $200 ea.
2. 
Fire dampers: $10/damper.
Minimum fee: $50.
3. 
Kitchen exhaust systems:
(a) 
Residential each: $75 ea.
(b) 
Commercial each: $200 ea.
4. 
Incinerators and crematories
(a) 
Having a capacity of less than 150 pounds: $1,000.
(b) 
Having a capacity of 150 pounds or more: $5,000.
5. 
Swimming pool heaters: $100 ea.
6. 
Fire pumps: $1,000 ea.
7. 
Central fire control center: $2,000 ea.
8. 
Automatic fire detection and alarm systems:
(a) 
Commercial.
(1) 
1 to 50 heads: $200.
(2) 
51 to 100 heads: $350.
(3) 
101 to 200 heads: $400.
(4) 
201 to 400 heads: $450.
(5) 
401 to 1,000: $500.
(6) 
1,000 to 1,500: $550.
(7) 
1,501 and up additional after 1,500: $5 ea.
(b) 
Residential: $100.
9. 
Signaling devices, horns, and strobes: $10 ea.
10. 
Chimneys, vents and shafts:
(a) 
Residential: $50 ea.
(b) 
Commercial: $200 ea.
11. 
Fire suppression systems including water sprinkler; dry chemical; foam; carbon dioxide; or other chemical agents:
(a) 
Each installation 1 to 25 heads or nozzles: $200.
(b) 
Each installation 26 to 75 heads or nozzles: $300.
(c) 
Each installation 76 to 200 heads or nozzles: $500.
(d) 
Each additional 100 heads or nozzles or portion thereof: $100/100.
12. 
Standpipes:
(a) 
2 1/2" pipes per riser: $300 ea.
(b) 
4" pipes per riser: $500 ea.
(c) 
6" pipes per riser: $750 ea.
(d) 
8" pipes per riser: $1,000 ea.
(e) 
Larger than 8" pipes per riser: $1,200 ea.
13. 
Manual fire alarms: $250.
(a) 
Plus each pull station: $10.
14. 
Wet and dry sprinkler heads:
(a) 
1 to 25 heads: $150.
(b) 
26 to 75 heads: $300.
(c) 
76 to 200 heads: $500.
(d) 
201 to 300 heads: $600.
(e) 
301 to 400 heads: $700.
(f) 
401 to 500 heads: $800.
(g) 
501 and up additional past 500 heads: $5 ea.
d. 
Plumbing Subcode Fee Schedule:
1. 
Hot water heater (new and replacement):
(a) 
Residential: $50 ea.
(b) 
Commercial: $125 ea.
2. 
Grease traps and oil separators, back flow devices.
(a) 
Residential: $50 ea.
(b) 
Commercial: $125 ea.
3. 
Sewer connections (sanitary or storm):
(a) 
Residential (first 200 feet): $200.
(1) 
Each additional 100 feet or portion thereof: $100.
(b) 
Commercial (first 200 feet): $300.
(1) 
Each additional 100 feet or portion thereof: $150.
4. 
Gas piping:
(a) 
Residential (first 100 feet): $50.
(b) 
Commercial (first 100 feet): $200.
(c) 
Each additional 100 feet: $100.
5. 
Dry sewers (sanitary or storm):
(a) 
Residential (first 100 feet): $100.
(b) 
Commercial (first 100 feet): $200.
(c) 
Each additional 100 feet: $100.
6. 
Swimming pools (commercial): $100.
7. 
Water service:
(a) 
Residential (first 100 feet): $100.
(b) 
Commercial (first 100 feet): $200.
(c) 
Each additional 100 feet: $100.
8. 
Heating appliances:
(a) 
Residential: $50/unit.
(b) 
Commercial: $125/unit.
9. 
Plumbing fixtures:: $25 ea.
(a) 
Air Conditioner: $50.
10. 
Minimum fee:: $75.
e. 
Electrical Subcode Fee Schedule:
1. 
Switching, lighting, receptacle outlets:
(a) 
1 to 25 outlets: $75.
(b) 
Each additional 25 outlets or fraction thereof: $60.
2. 
Pool, spa, tub electrical certificate of compliance: $100.
3. 
Pool with one underground light including equipotential bonding: $250.
(a) 
Each additional light: $50.
4. 
Storage pool, spa, hot tub, Jacuzzi including equipotential bonding: $150.
5. 
Equipotential bonding on existing or repair of pools or hot tubs: $75.
6. 
Service panels, equipment, service entrance subpanels, temporary services, and feeders:
(a) 
101 to 200 amps: $200.
(b) 
201 to 300 amps: $200.
(c) 
301 to 400 amps: $275.
(d) 
401 to 800 amps: $375.
(e) 
801 to 1000 amps: $425.
(f) 
1001 to 1200 amps: $525.
(g) 
Above 1200 amps: $725.
7. 
Electrical devices, generators, transformers:
(a) 
1kW to 10kW: $100 ea.
(b) 
11kW to 45kW: $150 ea.
(c) 
46kW to 112.5kW: $200 ea.
(d) 
Over 112.5kW: $300 ea.
8. 
Motor schedule (includes air conditioners, generators, electric furnaces and welders):
(a) 
Single unit or group not to exceed 1hp to 10hp, kVA, or kW: $100.
(b) 
Over 10hp to 50hp, kVA or kW: $200.
(c) 
Over 50hp, to 100hp, kVA or kW: $250.
(d) 
Over 100hp, kVA, or kW: $350.
9. 
Underground conduit.
(a) 
Residential (first 100 feet): $75.
(b) 
Commercial (first 100 feet): $200.
(c) 
Each additional 100 feet: $100.
10. 
Minimum fee: $75.
f. 
(Reserved)
g. 
Engineering Review of Certain Applications.
1. 
Prior to the issuance of a building permit for any structure of more than 500 square feet, requiring a foundation or footing, the applicant for the permit shall submit to the Construction Official for his approval two copies of a detailed site plan, prepared by a licensed professional engineer or licensed land surveyor, showing the existing contour lines of the plot on which the building structure or addition is to be constructed, final elevations in accordance with U.S. Coast and Geodetic Survey Datum proposed for the corners of the plot, and corner and flood levels of the structure to be erected thereon. In addition, the detailed site plan shall show swales, brooks, streams, springs, retaining walls, terraces, sidewalks, slopes, major rock formations, the curb, where existing, and if no curb, elevation at existing opposite lot corners and centerline of driveway where building structure or addition is to be located, and all provisions for the proper drainage thereof shall be shown on the plan. The detailed site plan shall in an appropriate legend indicate the cubic volume of soil to be moved on the site during construction of the building. Specifically, the following soil and site disturbance data shall be stated in cubic yards: (1) total excavation on site; (2) total filling on site; (3) excess soil to be removed; (4) additional soil to be added. If the application submitted under subparagraph g1 pertains to a lot greater than one acre, the site plan required by subparagraph g1 is to show an area of land of at least one acre and shall include at least all land within 100 feet of any exterior wall of any building or structure shown on the plan.
All site plans shall be reviewed by the Township Engineer and the Township Chief of Police within seven days of the filing date (excluding filing date, Saturdays, Sundays, and legal holidays). The Township Engineer shall determine whether or not (1) adequate provisions have been made by way of proper grading to prevent wet basements, muddy yards, eroding banks and other conditions injurious to the block and lot for which application for the building permit is made; and (2) further adequate provision has been made considering the relationship of the lot in question with other adjoining properties for the surface drainage away from the building and lot in question on a sound neighborhood development basis and without adverse effect upon adjoining properties or public streets. The Chief of Police shall determine whether or not the ingress and egress points to the lot have an adverse effect upon adjoining properties or public streets. The Chief of Police's review shall include but not be limited to, review of the sight line and obstructions in each direction to assure safety of the public and property owner.
Upon making such determinations, the Township Engineer and Chief of Police shall forward to the Construction Official the site plan with their findings. No permit shall be issued unless the reports of the Township Engineer and Chief of Police are favorable. If the same shall be unfavorable, a copy of the report shall be delivered immediately or as soon as possible to the applicant.
2. 
All applications for building permits for structures of more than 500 square feet shall be referred to the Township Engineer prior to the issuance of permit. This paragraph shall apply only to structures which have not been reviewed by the Planning Board under its site plan or major subdivision jurisdiction.
3. 
If, after excavation of the property shown on the site plan, subsurface conditions, by way of rock shelf, underground streams or other natural obstacles shall prevent the location of the building, as shown on the site plan, and the applicant shall communicate with the Township Engineer and request an emergency approval for such relocation which shall be acted upon by the Township Engineer within 48 hours (excluding Saturday, Sunday and legal holidays) of the receipt of such notice by the Township Engineer.
4. 
A fee of $75 shall be charged at the time of the filing of the application for the building permit for the fee of the engineer in reviewing the application. This $75 shall be in addition to any other fees required by Township ordinances.
5. 
Every owner of every lot upon which a building is erected in accordance with paragraph g of this subsection shall within seven days after completion of the foundation of the building, file with the Township Engineer, for review, approval and verification of conformity with the approved site plan marked "as built foundation plan" and certified by a licensed engineer or land surveyor, to show the actual foundation location and elevation. Driveway location and elevation, seepage pit locations, and final site grades over the entire site are to be submitted to the Township Engineer five working days prior to the issuance of a certificate of occupancy.
No certificate of occupancy shall be issued unless the Township Engineer has approved "as built" plans of the entire site as above defined.
h. 
Waiver of Fees for Disabled Persons' Renovations. No person shall be charged a construction permit surcharge fee or enforcing agency fee for any construction, reconstruction, alteration or improvement designed and undertaken solely to promote accessibility by disabled persons to an existing public or private structure or any of the facilities contained therein. This provision shall not apply to new residential developments.
[Ord. #588; Ord. #607; Ord. #857; 1976 Code § 87-4]
a. 
Any person or corporation, including an officer, director or employee of a corporation, shall be subject to a penalty as prescribed below if such person or corporation commits any of the following violations.
b. 
Doing Work Without the Required Permits.
1. 
First offense Formal warning.
2. 
Second offense: $25.
3. 
Third offense: $50.
4. 
Each additional offense: $100 per day.
c. 
Occupying a residential dwelling or addition without first obtaining a certificate of occupancy not to exceed: $100 per day.
d. 
Occupying a nonresidential building or portion thereof without first obtaining a certificate of occupancy not to exceed: $200 per day.
e. 
Stopping or interfering with an inspector from performing a required inspection up to: $250 per day per inspector.
f. 
Constructing contrary to the provisions of a construction permit, the Uniform Construction Code Act or other applicable laws or ordinances up to $500 per violation per day after issuance of a stop construction order.
g. 
Failing to comply with an order issued by the enforcing agency up to $500 per violation per day.
h. 
Making a false or misleading written statement or omitting required information or statements in any application or request for approval up to $500 per violation per day.
[1]
Editor's Note: For regulations concerning the removal and destruction of trees, see Chapter 32, Section 32-1. Prior ordinance history includes portions of 1976 Code §§ 134-1 — 134.4 and Ordinance No. 898.
[Ord. #1685, § 1]
Prior ordinance history includes portions of Ordinance No. 1685.
That a certain document, three copies of which are in file in the office of the Township Clerk of the Township of Mahwah, being marked and designated as the 2009 International Property Maintenance Code, as written by the International Code Council, be and hereby is adopted as the Property Maintenance Code of the Township of Mahwah, in the State of New Jersey; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section.
[Ord. #1685, § 1]
Ordinance No. 1303 and former Section 10-2 of the Code of the Township of Mahwah are hereby repealed.
[Ord. #1685, § 1]
Nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit of proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed; nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this section.
[Ord. #1685, § 1]
All future updates of the 2009 International Property Maintenance Code shall replace any prior version thereof in Section 10-2.
[Ord. #1750 § 1]
a. 
N.J.S.A. 40:48-2.13 authorizes a municipality to adopt regulations requiring the owner or tenant of a dwelling or lands located within the municipality to remove and destroy brush, weeds, ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris where it is necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard.
b. 
N.J.S.A. 40:48-2.13a authorizes a municipality to adopt regulations requiring the owner or tenant of a dwelling or land located within the municipality to remove and destroy solid waste stored in such a way as to be accessible to and likely to be strewn about by animals where it is necessary and expedient for the preservation of the public health, safety or general welfare.
c. 
N.J.S.A. 40:48-2.14 authorizes a municipality to assess a lien against the subject property where the municipality has incurred expenses to remove and destroy the harmful matter and vegetation after the owner or tenant has failed to comply with a notice of violation and order.
d. 
N.J.S.A. 40:48-2.26 authorizes a municipality to adopt regulations requiring the owner or tenant of lands located within the municipality to keep all brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet where it is necessary and expedient for the preservation of the public safety.
e. 
N.J.S.A. 40:48-2.27 authorizes a municipality to assess a lien against the subject property where the municipality has incurred expenses to cut and remove the plant life after the owner or tenant has failed to comply with a notice of violation and order.
[Ord. #1750 § 2]
The Township Council of the Township of Mahwah finds and declares that the existence of matter and vegetation which is detrimental to the public health, safety, or general welfare, or which constitutes a fire hazard is a nuisance which must be abated. It is the purpose and intent of these regulations to identify these conditions and provide for their timely abatement.
[Ord. #1750 § 3]
The Construction Code Official or his designee is hereby designated as the public officer authorized to exercise the power prescribed by these regulations.
[Ord. #1750 § 4]
As used in this section, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BRUSH
Shall mean a dense growth of underwood or vegetation, or broken and cut branches.
DEBRIS
Shall mean any accumulation of broken and detached materials, including fragments or ruins from construction, demolition or rehabilitation projects.
FILTH
Shall mean any disgusting, foul or odorous matter not authorized for use in agriculture.
GARBAGE
Shall mean any animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HARMFUL MATTER
Shall mean debris, filth, garbage, refuse, rubbish or trash which poses a significant risk to the public health, safety or general welfare or which constitutes a fire hazard.
HARMFUL VEGETATION
Shall mean brush, dead and dying trees, noxious growth, ragweed, roots, stumps or weeds which pose a significant risk to the public health, safety or general welfare, or which constitute a fire hazard.
NOXIOUS GROWTH
Shall mean growth which is harmful or injurious to health or physical well-being.
REFUSE
Shall mean any matter, excluding garbage, that is discarded as useless or worthless.
RUBBISH
Shall mean any combustible and noncombustible waste materials, including boxes, cartons, cans, crockery, excelsior, glass, leather, metals, mineral matter, paper, rags, rubber, wood and other similar materials.
TRASH
Shall mean waste or worthless matter, including refuse and rubbish.
WEEDS
Shall mean any plant that is troublesome, useless or injurious to any cultivated crop or plant.
[Ord. #1750 § 5]
a. 
The public officer shall require the removal and proper disposal of any harmful matter in any dwelling or on lands within the municipality where it is necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard.
b. 
The public officer shall require the removal and proper disposal of any harmful vegetation in any dwelling or on lands within the municipality where it is necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard.
c. 
The public officer shall require the removal and proper disposal of solid waste being stored in any dwelling or on lands within the municipality in such a manner as to be accessible to and likely to be strewn about by animals where it is necessary and expedient for the preservation of the public health, safety or general welfare.
d. 
The public officer shall require that brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways be cut to a height of not more than 2 1/2 feet where it is necessary and expedient for the preservation of the public safety.
e. 
The owner and the tenant in possession of any dwelling or lands shall be the person responsible for compliance with these regulations.
f. 
The owner-landlord of any dwelling or lands shall be the person responsible for compliance with these regulations where the condition exists on the common areas under the exclusive control of the owner-landlord.
[Ord. #1750 § 6]
a. 
The public officer shall issue a notice of violation and order requiring the responsible person to remove and destroy the harmful matter or vegetation within 10 days from the date of service of the notice of violation.
b. 
If the notice of violation involves solid waste stored in such a manner that it is accessible to and likely to be strewn about by animals, then the order may provide for its removal and destruction within 72 hours from the date of service of the notice of violation.
[Ord. #1750 § 7]
Where the responsible person fails to comply with the notice of violation and order within the time specified in the order, the public officer may provide for the removal and destruction of the harmful matter and vegetation at the expense of the municipality.
[Ord. #1750 § 8]
a. 
In all cases where the harmful matter and vegetation has been removed and destroyed under the direction of the public officer, at the expense of the municipality, the public officer shall certify the cost thereof to the Governing Body of the municipality plus an administrative fee of $100.
b. 
The appropriate Township officials shall review the certification and, if found to be correct, shall cause the cost incurred by the municipality to be assessed against the subject property pursuant to a resolution adopted by the Governing Body of the municipality. The assessment shall become a lien against the subject property and collected in the same manner as property taxes are assessed and collected.
[Ord. #1750 § 9]
It shall be unlawful for any person to violate the regulations contained in this section. Each day that a violation continues, after a notice of violation and an order for correction has been issued, and the time for correction has expired, shall constitute a separate violation. The penalties authorized under Chapter 1 of the Revised General Ordinances of the Township of Mahwah may be imposed for each violation.
[Prior source history: Ord. #694; 1976 Code §§ 83-1 — 83-10]
[Ord. #1751 § 1]
a. 
It is hereby found by the Township Council of the Township of Mahwah and hereby declared that there exists in the Township of Mahwah buildings, parts of buildings, or other facilities which are so old, dilapidated or have become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use and are inimical to the welfare and dangerous and injurious to the health and safety of the people of the Township and that a public necessity exists for the repair, closing or demolition of such building or buildings, mobile home parks or other facilities or part or parts thereof.
b. 
Therefore, this section is hereby adopted to give this Township the power, pursuant to N.J.S.A. 40:48-2.5 et seq., to exercise the Township's police power to repair, close or demolish or cause or require the repairing, closing or demolition of such buildings, or other facilities, or part or parts thereof, or to abate any nuisance or correct any condition in accordance with the terms of N.J.S.A. 40:48-2.12 f.
[Ord. #1751 § 2]
The Construction Code Official for the Township of Mahwah is hereby designated and appointed as the public officer to exercise the powers prescribed in this section.
[Ord. #1751 § 3]
a. 
When a petition is filed with the Construction Code Official by the Township Council or by at least five residents of the Township charging that any building, as defined by N.J.S.A. 40:48-2.4, is unfit for human habitation, occupancy or use, or whenever it appears to the Construction Code Official, on his own motion with notice to the Township Council, that any such building is unfit for human habitation or occupancy or use, the Construction Code Official shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such buildings, a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Construction Code Official, or his designated agent, at a place therein fixed, not less than seven days nor more than 30 days after the serving of said complaint. The owner and parties in interest shall be given the right to file an answer to the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Construction Code Official.
b. 
If, after such notice of hearing, the public officer determines that the building is unfit for human habitation or use, he shall state, in writing, his findings of fact in support of such determination and shall issue or cause to be served upon the owner thereof or the parties in interest an order;
1. 
Requiring the repair, alteration or improvement of said building to be made by the owner within a reasonable time, which time shall be set forth in the order, or at the option of the owner to vacate or have said building vacated and closed within the times set forth in the order.
2. 
That 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, the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.
c. 
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. 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 building is unfit for human habitation, occupancy or use; the use or occupation of this building is prohibited and unlawful."
d. 
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.
e. 
If the owner fails to comply with an order to repair, alter or improve and the owner elects not to comply with the order or to vacate or cause to be vacated the said premises, the Construction Code Official may proceed in accordance with subsections 10-4.9 and 10-4.10 as set forth herein.
[Ord. #1751 § 4]
All costs to the Township (expert witness fees, search fees and advertising charges, repairs, alterations or improvements or vacating and closing or removal or demolition) shall become municipal liens against the real property upon which the costs were incurred in accordance with the provisions of N.J.S.A. 40:48-2.5f.
[Ord. #1751 § 5]
The Construction Code Official may determine that a building is unfit for human habitation, occupancy or use if he finds that conditions exist in such building which are dangerous or injurious to the health or safety of the occupants of such building, the occupants of neighboring buildings or other residents of the Township of Mahwah. Such conditions may include but are not limited to defects therein increasing the risk of fire, accident or other calamities; lack of adequate ventilation, light or sanitary facilities; dilapidation; disrepair, structural defects; and uncleanliness.
[Ord. #1751 § 6]
Complaints or orders issued by the Construction Code Official pursuant to this section shall be served upon persons either by registered mail; or, if the whereabouts of such person is unknown and the same cannot be ascertained by the Construction Code Official in the exercise of reasonable diligence and the Construction Code Official shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same one time in The Record. A copy of said complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the County Clerk of Bergen County.
[Ord. #1751 § 7]
Any person aggrieved by an order issued by the Construction Code Official under this chapter may, within 30 days after the posting and service of such order, bring an action for injunctive relief to restrain the Construction Code Official from carrying out the provisions of the order, in accordance with the provisions of N.J.S.A. 40:48-2.8. The remedy herein provided shall be exclusive, and no person affected by an order of the Construction Code Official shall be entitled to recover any damages for action taken pursuant thereto, or because of noncompliance by any person with any order of the Construction Code Official.
[Ord. #1751 § 8]
The Construction Code Official may exercise the following powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following powers in addition to those already granted under this chapter:
a. 
To investigate the building conditions in the Township in order to determine which buildings therein are unfit for human habitation, occupancy or use.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of this section.
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. #1751 § 9]
The Township Council of the Township of Mahwah, by resolution, may authorize the Construction Code Official to abate a nuisance, correct a defect or put the premises in proper condition so as to comply with the requirements of any Township ordinance or State law applicable thereto, at the cost of the owner or lessor, and expend municipal funds for such purposes and charge the same against the premises and the amount thereof, as determined by the Township Council of the Township of Mahwah, shall be a lien against the premises.
[Ord. #1751 § 10]
a. 
The Township Council may, by resolution, appoint a custodian of any such building, structure or premises on behalf of the municipality, who may be either an officer of the Township or any other person specially designated to enter into and take charge of the premises and supervise abatement of the nuisance, the correction of the defective condition or the maintenance of the premises in a proper condition so as to conform to the requirements of all municipal ordinances and State laws applicable thereto.
b. 
If the custodian is some person other than a full-time employee of the Township of Mahwah, he shall be paid an hourly rate equal to those Township employees paid by the Annual Salary Ordinance receiving the highest hourly rate. The costs and expenses of said custodian shall be collectible by the Township from the owner or lessor of the premises as provided in this section.
c. 
In the event that any owner of a building or structure or premises in the municipality shall violate the provisions of this section, or fail to abate a condition harmful to the health and safety of the occupants of the premises and the general public in the Township after notice and opportunity to do so, the Construction Code Official may, by and with the approval of the Township Council of the Township of Mahwah, bring an action in the Superior Court to be appointed receiver ex officio of the rents and income of such real property for the purpose of collecting the rents and income from such property and expend the same for purpose of abating said conditions. Said rents and income so collected by the receiver shall also be available for the payment of such costs and expenses of the receivership, as may be adjudged by the court, and for the payment to the municipality of any fines or penalties which may have been imposed on the owner for violations of this section and which have not been paid by the person liable therefor. Such receiver shall not be required to give bond and shall be appointed only for said purpose.
d. 
Upon his appointment, the receiver, by and with the approval of the Township Council of the Township of Mahwah in all cases where the property in question is encumbered by a first mortgage, shall appoint such first mortgagee, if such mortgagee is a proper person and is willing to accept such appointment, as the receiver's agent to collect the rents and income from such real property and manage the same, and in all other cases the receiver, by and with the approval of the Township Council of the Township of Mahwah, may designate the person in charge or management of such real property or such other competent person as the receiver's agent to collect the rents and income from such real property and manage the same, which mortgagee or other person shall account promptly to the receiver for the rents and income so collected; provided, however, that if the mortgagee or other person so designated is derelict in collecting or accounting for such rents and income or in the management of such real property, the receiver shall apply to the court for the removal of such designated mortgagee or other person, upon notice in writing to him, and the court, upon removing such designated mortgagee or other person, in its discretion, may designate another person to collect the rents and income from such real property and manage the same and account to the receiver for the rents and income of such real property as aforesaid.
e. 
In any such receivership, no fees shall be allowed the receiver, or his counsel, for actions as such receiver or counsel.
[Ord. #121; 1976 Code § 125-1; New]
All buildings and lots of land along the streets, roads, avenues and highways of the Township shall be assigned street numbers by the Township Assessor.
[Ord. #121; 1976 Code § 125-2]
Every lot, tract or parcel of land within the limits of the Township is hereby assigned the number designated on the Key Map hereinbefore referred to, and each and every building shall be numbered and designated in accordance with the map. A number shall be assigned to every 50 feet of street frontage regardless of the original frontage of the lot or plot upon which said building is erected.
[Ord. #121; 1976 Code § 125-3]
Every building within the limits of the Township shall have its number prominently displayed on the street side of the building, and such number shall not be less than three inches in height.
[Ord. #121; 1976 Code § 125-4]
The number or numbers applicable to each building shall be ascertained from the Key Map hereinbefore mentioned by the owner, occupant, tenant or agent thereof.
[Ord. #121; 1976 Code § 125-5]
The number or numbers for buildings within the limits of the Township shall be ascertained and placed on the buildings as hereinbefore provided not later than 60 days after the final passage of this section.
[Ord. #121; 1976 Code § 125-6]
Upon failure of any owner, occupant, tenant or agent to ascertain and affix upon any building or buildings the number or numbers applicable to the building or buildings within 60 days after the final passage of this section, it shall be lawful for the Township Council to cause to be affixed to such building or buildings the number or numbers applicable thereto by an agent duly appointed by resolution for such purpose. Such agent shall execute a return to the Township Council of the cost of so affixing the number or numbers, and the Collector of Taxes of the Township, upon certification to him, shall charge the same to the owner or owners of the building or buildings and collect the same in the same manner as all taxes are collected, and such cost shall be a lien upon the land.
[Ord. #121; 1976 Code § 125-7]
For the purposes of this section, the normal north and south axis will be the center line of the Erie Railroad. From this main north and south axis, all streets running east and west shall begin their numbers at the railroad, with the following exceptions: Culvert Road numbers shall start with zero at Franklin Turnpike and proceed westerly to Island Road; East Ramapo Avenue shall start at Franklin Turnpike instead of the railroad and likewise proceed with zero at Franklin Turnpike and progress westerly. Otherwise all numbers shall start at the railroad with zero and proceed advancing from this axis either easterly or westerly. At Island Road, all numbers running westerly from Island Road shall start from 100. On Franklin Turnpike, all numbers shall start at 100 and progress easterly. All odd numbers in every case shall be on the east and north sides of the street and all even numbers on the west and south sides.
[Ord. #121; 1976 Code § 125-8]
In the case of streets making right-angle turns, the Township Council, by resolution, shall designate the method of numbering. All numbers on streets running north and south shall start with zero either at the state line or at their most northerly point, and numbers will progress increasingly in a southerly direction.
[Ord. #121; 1976 Code § 125-9]
Any and all matters not otherwise determined by this section shall be determined by resolution of the Township Council.
[Ord. #885, § I]
A reflective dish structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals.
[Ord. #885, § II]
a. 
Application for the installation of a satellite antenna must be made to the Construction Official and receive his approval before installation.
b. 
In order for the installation to be approved the following criteria must be met:
1. 
A satellite antenna shall be constructed in conformance with manufacturer's specifications and shall be anchored in a solid foundation so that the front face of the dish shall withstand a static wind load of not less than 75 mph.
2. 
In residential zones the satellite shall be mounted on the ground and shall be located in the rear yard.
3. 
In nonresidential zones the satellite antenna may be mounted on the roof of the principal structure or it may be mounted on the ground in the rear yard.
4. 
When mounted on the ground, the overall height from the rear ground level to the lowest point of the satellite antenna shall not exceed two feet.
5. 
When mounted on the ground, the satellite antenna shall be located in the rear yard and shall comply with the yard and setback requirements for the principal structure on the lot.
6. 
When mounted on the ground, the satellite antenna must be screened by plantings of evergreens or hedges with a minimum height of four feet placed around the antenna so as to screen and buffer it from neighboring properties. These plantings must be planted in such a fashion as to provide a living barrier from the adjoining properties.
7. 
When mounted on the roof of a principal structure, the top of the satellite antenna shall not be more than six feet above the highest point of the roof or parapet walls of the structure provided also that the top of the satellite antenna does not exceed the height limitation of the zoning district.
8. 
Prior to the installation of a satellite antenna, there must be a principal structure upon the lot.
9. 
All satellite antennas shall be located and screened so as to minimize motor noise and visibility from the street and neighboring properties. The ability of the applicant to install the satellite antenna in an unobtrusive location and to minimize the visual and noise impact on neighboring properties shall be a major factor in determining whether or not a permit is issued.
10. 
No lot shall contain more than one satellite antenna.
11. 
The satellite antenna shall not exceed 10 feet in diameter.
c. 
In the event the Construction Official denies a permit for a satellite antenna, the applicant may appeal to the Board of Adjustment for a variance.
d. 
Fees and Penalties. The application fee for a satellite antenna permit shall be $50. All other relevant construction fees and penalties as set forth in Chapter 10 of the Revised General Ordinances of the Township of Mahwah shall apply to the installation of a satellite antenna.
[Ord. #1224, § I]
a. 
Notwithstanding any other provisions of the Township Code, there shall be permitted in all zoning districts of the Township, satellite reception antennas having a diameter of one meter or less. A satellite reception antenna having a diameter of two meters or less is permitted in all business, industrial or commercial zone districts.
b. 
No application for installation of a satellite antenna under subsection 10-6.3a is required for an exempt satellite reception antenna.
[Ord. #1520, § I]
Pursuant to the Senior Citizen and Disabled Protected Tenancy Act, (N.J.S.A. 2A:18-61.22 et seq.) (The "Act"). Pursuant to N.J.S.A. 28:18-61.26, the Township Clerk is hereby designated as the administrative agency for the purpose of administering the municipal provision of this Act. The Township Clerk is also hereby designated as the Designated Administrative Officer who shall assume the municipal duties under this Act and shall collect the fees prescribed herein.
[Ord. #1520, § I]
The following procedures shall apply to any building being converted to the condominium or cooperative form of ownership:
a. 
The owner of the conversion of any building shall, prior to filing of an application for registration, notify the Designated Administrative Officer of the intention to file the application for registration and shall supply the Designated Administrative Officer with a current tenant list and stamped envelopes addressed to each tenant, each such envelope containing copies of all required notices to be given to such tenants and all documents required pursuant to N.J.A.C. 5:24-2.9.
b. 
Within 10 days of the receipt of the notice of intention, the current tenant list and the stamped, addressed envelopes and copies of all notices, the Designated Administrative Officer shall mail to each tenant the notice required by the Act and all necessary forms and, within two business days of mailing, shall submit to the owner or sponsor an affidavit that the Designated Administrative Officer has notified each tenant as aforesaid.
c. 
A tenant seeking protected tenancy status shall file a completed application form with the Designated Administrative Officer within 60 days of receipt of such notice and application form.
d. 
The Designated Administrative Officer shall accept all applications completed and submitted by the tenants seeking the benefits of the protected tenancy status of the Act and shall determine eligibility in accordance with the criteria of the Act. Such determinations of eligibility shall be made with respect to each application within 30 days after receipt of the completed application.
e. 
An application form shall be deemed to be completed when all supplementary documentation required by the Designated Administrative Officer has been submitted. Upon request of the Designated Administrative Officer, a tenant seeking protected tenancy status shall supplement the form with such documentation as the Designated Administrative Officer shall deem necessary to make determination as to eligibility. An application shall be deemed incomplete and shall not be accepted if supplementary documentation is not provided to the Designated Administrative Officer within 10 days of request therefore.
f. 
Any tenant qualifying for protected status shall be promptly notified of eligibility by the Designated Administrative Officer. Any tenant who does not qualify for protected status shall be likewise notified of the determination, and the reasons for ineligibility shall be set forth in such notice. Notices of determination as to eligibility and ineligibility as to each tenant who has applied shall be provided to the owner or sponsor of the plan or conversion.
[Ord. #1520, § I]
The following fees shall be paid to the Township of Mahwah by the owner of any building or structure who seeks to convert any premises subject to the Act:
a. 
At the time of notification of the Designated Administrative Officer pursuant to N.J.S.A. 2A:18-61.27, a fee in the amount of $150 per building sought to be converted shall be paid to the Designated Administrative Officer. In addition, a fee in the amount of $125 per apartment or unit in the building sought to be converted shall be paid to the Designated Administrative Officer.
b. 
In the event that the administrative agency is required to conduct an appeal or hearing, whether at the instance of the owner or of any tenant, the owner of the building shall pay to the Township of Mahwah a fee in the amount of $150.
[Ord. #1520, § I]
The determination of the Designated Administrative Officer may be appealed to the Township Council by any aggrieved person through an administrative hearing:
a. 
Application for an administrative hearing shall be made to the Designated Administrative Officer within 10 days of receipt by the aggrieved person of notice of determination. Said application shall have attached thereto the administrative hearing fee of $150.
b. 
The administrative hearing shall be held within 10 days of application therefore, except in extenuating circumstances, at the discretion of the Designated Administrative Officer.
c. 
Notice of hearing shall be given to all known parties in interest who may testify, present evidence and examine adverse witnesses and evidence.
d. 
The hearing shall be before the Township Council and a sound recording shall be made.
e. 
Within 10 days of the close of the hearing by the Township Council, it shall issue a final written decision and state the reasons therefor. Pursuant to N.J.A.C. 5:242.7(g), appeal from such final decision shall be to the courts.
[Ord. #1520, § I]
This Chapter shall be subject to the provisions of N.J.S.A. 2A:18-61.22 et seq. which are specifically incorporated by reference into this Chapter.
[Ord. #1520, § I]
If any subsection, sentence, clause, phrase or portion of this section is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.