[Ord. No. 650 § 1; Ord. No. 718 § 1; Ord. No. 782 § 1; Ord.
No. 822 § 1; Ord. No.
2017-1034]
a.
Establishment. There is hereby established in the Borough of Peapack
and Gladstone a State Uniform Construction Code Enforcing Agency to
be known as the Construction Code Enforcement Office, which shall
consist of a Construction Official as Chief Administrator of the Enforcing
Agency, a Building Subcode Official, a Plumbing Subcode Official,
an Electrical Subcode Official, a Fire Protection Subcode Official
and such additional Subcode Officials as the Commissioner shall have
adopted subcodes.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to N.J.A.C. 5:23-5
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 and certified
as per N.J.A.C. 5:23-5.
c.
The public shall have the right to do business with the Enforcing
Agency at one (1) office location except for emergencies, and unforeseen
or unavoidable circumstances.
d.
The Construction Official shall, with the advice of the Subcode Officials,
prepare and submit to the Borough Council biannually, a report recommending
a fee schedule based on the operating expenses of the agency, and
any other expenses of the Municipality fairly attributable to the
enforcement of the Uniform Construction Code Act, and the Regulations.
e.
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the Enforcing Agency shall collect surcharges as
per N.J.A.C. 5:23-4.19.
f.
There shall be an ad hoc committee of the Borough Council comprised
of two Council members, which shall be known as the Code Enforcement
Committee. The Code Enforcement Committee shall serve as liaison between
the Code Enforcement Officer and/or Zoning Official and the Mayor
and Council and shall assist in evaluating the Official(s), working
with the Official(s) on matters of a more difficult nature when so
requested by the Official(s) and participating in hearings as requested
by the Official(s).
[Ord. No. 2017-1034]
[Ord. No. 650 § 2; Ord. No. 671 § 1; Ord. No. 718 § 2; Ord.
No. 782 § 2; Ord. No.
822 § 2; Ord. No. 915 § 1; Ord. No. 988]
a.
Fees. The fee for a construction permit shall be the sum of the subcode
fee listed in paragraphs 1 through 4 hereof and additional fees as
applicable in paragraphs (5) through (10), and shall be paid before
the permit is issued.
1.
Building Subcode fee shall be:
Minimum fee: $50.
(a)
New construction/additions.
Use groups B, H, I, M, E, R, and U: $0.030 x cubic foot of volume.
Use groups A, F and S: $0.030 x cubic foot of volume.
Farm use buildings: structures on farms, including commercial
farm buildings under N.J.A.C. 5:23-3.2(d): $0.0010 per cubic foot
of volume.
Maximum fee shall not exceed $900.
(b)
Renovation, alterations and site work construction for premanufactured
structures: $25/$1,000.
*Note: For combinations of additions and renovations, the fee
shall be the sum of fees computed separately as for new work and renovations.
(c)
Minor work, single trade work (including, but not limited to
roofing, siding, radon, etc.), Use Group R-3, R-4 and R-5 only.
Flat rate: $60.
(d)
Swimming pools.
Aboveground: $85
In-ground: $140.
2.
The Plumbing Subcode fee shall be:
Minimum fee: $50.
(a)
Fixtures and appliances connected to the plumbing system: $20.
Includes but not limited to:
Water closet/bidet/urinals
Bathtub
Lavatory/sink
Shower/floor drain
Vent stacks
Water cooler
Hosebibs
Washing machines
Dishwasher
Indirect connections
Floor drains
Note: Garbage disposal units not permitted to be connected to
sewer system.
(b)
Special devices: $65.
Includes but not limited to the following tanks in:
Grease traps
Oil separators
Water-cooled AC
Refrigeration units
Water utility connection
Sewer utility connection
Geo-thermal system
Gas piping
Backflow preventer
Steam boiler
Hot water boiler
Active solar system
Interceptors
Sewer pumps
Fuel oil piping
Water heaters
Air-conditioning condensation lines: $10.
3.
The Electrical Subcode fee shall be:
Minimum fee: $50.
(a)
Switching/light/receptacle:
Outlets: 1-50: $75.
Each additional 25 outlets: $8.
NOTE: The following shall be included in the fixture count total:
Smoke detectors
Thermostats
Motors (1 hp or less)
(b)
Electrical devices/generators/transformers:
More than 1 kw - 10 kw: $50 each.
Over 10 kw - 45 kw: $100 each.
Over 45 kw - 112.5 kw: $200 each.
Over 112.5 kw: $457 each.
(c)
Motors:
More than 1 hp - 10 hp: $20 each.
Over 10 hp - 50 hp: $50 each.
Over 50 hp - 100 hp: $100 each.
Over 100 hp: $457 each.
(d)
Service panels/service entrance/sub panels:
0 - 200 amps: $75 each.
Over 200 - 1,000 amps: $200 each.
Over 1,000 amps: $457 each.
(e)
Swimming pools:
In-ground: $200 each.
Aboveground: $100 each.
(f)
Air conditioning-per unit:
3-5 tons: $30.
5-10 tons: $50.
Over 10 tons: $150.
(g)
Special devices: $20.
Includes but not limited to:
Dishwasher
Electric range
Electric water heater
Parking lot light standards-each
Electric clothes dryer
Electric wall oven
(h)
Burglar alarm/intercom system: $75.
4.
The Fire Subcode fee shall be:
Minimum fee: $50.
(a)
Sprinkler systems: sprinkler heads/supervisory devices:
1 to 20 sprinkler heads: $65.
21 to 100 sprinkler heads: $120.
101 to 200 sprinkler heads: $229.
201 to 400 sprinkler heads: $594.
401 to 1,000 sprinkler heads: $822.
Over 1,000 sprinkler heads: $1,050.
(b)
Smoke/heat detector/carbon dioxide detectors/supervisory devices:
1 to 5 devices: $45.
6 to 20 devices: $70.
21 to 100 devices: $100.
101 to 200 devices: $160.
201 to 400 devices: $320.
Over 400 devices: $750.
(c)
Standpipes: $229.
(d)
Hydrants/fire pumps/GPM type, dry valves, pre-action, etc. $
175.
(e)
Kitchen suppression systems (commercial): $90.
Kitchen exhaust systems: $90.
Preengineered suppression systems: $110.
(Halon, CO2, foam, wet dry chemical)
(f)
Storage tanks up to 2,000 gallons: $75.
Storage tanks over 2,000 gallons: $175.
(g)
Gas or oil-fired appliance not connected to plumbing:
1 commercial and residential: $55.
2 to 4-residential only: $90.
Over 4-residential only: $130.
(h)
Wood-burning stoves or fireplaces: $60.
(i)
Chimney liners: $45.
(j)
Incinerator/crematorium: $375.
5.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. This amount shall be credited toward the total fee to be
charged for the construction permit.
6.
Demolition fee shall be:
(a)
Residential accessory building: $75 (Use Group U).
(b)
Residential R-3 and R-4 under 5,000 sq. ft. (less than 35 feet
in height, and structures on farms): $185.
(c)
All other use groups: $250.
(d)
Underground storage tanks (closure/ removal):
0 - 2,000 gal: $50 per tank.
Over 2,000 gal: $90 per tank.
Note: No DCA training fee for demolition work.
7.
Removal of a building or structure from one lot to another or to
a new location on the same lot: Fee shall be: $8 per $1,000 estimated
cost.
New foundations and placement of structure in complete condition:
Fee shall be: $15 per $1,000 cost of new work.
Minimum fee shall be $85.
8.
The fee for a permit to construct a sign where permitted by the zoning
ordinance shall be a flat fee of $35.
9.
Certificates of occupancy fee shall be:
(a)
New Construction: 10% of construction permit fee total. Minimum
$85.
Exception: One- and two-family structures (R-3/R-4) of less
than 5,000 sq. ft. in area and less than 30feet in height, and structures
on farms, including commercial farm buildings subject to N.J.A.C.
5:23-3.2(d), for which the minimum fee shall be $55.
(b)
Certificate of continued occupancy shall be $220 ($55 per subcode).
(c)
Certificate of occupancy granted pursuant to a change of use
shall be $125.
(d)
Certificate of occupancy for multiple units within one building
shall be $55 each.
(e)
Certificate of approval fee shall be included in the construction
permit cost.
10.
Additional fees and charges.
(a)
The minimum fee for any construction permit shall be $50.
(b)
Not-for-profit organization shall be granted a 50% reduction
in the cost of the first $150 of fees payable for a construction permit.
Reduction shall not apply to construction not directly related
to structures being used for the core function of the organization,
such as accessory structures and rental units.
(c)
All other applicable fees shall be determined at 15% less than
Department fees pursuant to N.J.A.C. 5:23-4.20.
Exception: Elevator Subcode fees.
(d)
DCA training fees shall be:
New construction: $0.00334 per cubic feet of volume.
All other construction: $1.70 per $1,000 of cost value.
No training fee shall be charged for demolition work.
(e)
Change of contractor: $20 per each discipline.
11.
Engineer review.
[Added 6-23-2020 by Ord. No. 1091-2020]
(a)
Any application for a building permit which includes a lot development
plan consisting of, but not limited to, grading work; soil movement;
drainage; erosion control; or stormwater control, shall be reviewed
by the Borough Engineer for compliance with all applicable Borough
ordinances and/or requirements of other regulatory agencies. The fee
shall be $250.
[Ord. No. 650 § [b]; Ord. No. 718 § 2; Ord. No. 739 § 1]
All other applicable fees shall be determined at fifteen (15%)
percent less than Department fees pursuant to N.J.A.C. 5:23-4.20.
Exception: Elevator Subcode fees.
[Ord. No. 650 § [c]; Ord. No. 718 § 2]
The Construction Official shall, with the advice of the Subcode
Officials, prepare and submit to the Borough Council biannually, a
report recommending a fee schedule based on the operating expenses
of the agency, and any other expenses of the municipality fairly attributable
to the enforcement of the State Uniform Construction Code Act.
[Ord. No. 650 § [d]; Ord. No. 718 § 2]
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the Enforcing Agency shall collect in addition to
the fees specified above, a surcharge of sixteen ($.0016) cents per
cubic foot of volume of new construction, the fee for all other construction
shall be eighty ($0.80) cents per one thousand ($1,000.00) dollars
of value of construction (total cost x eight ($.0008 cents), said
surcharge fee shall be remitted to the Bureau on a quarterly basis.
[Ord. No. 657 § 1]
All permit fees shall be rounded to the nearest dollar.
[Ord. No. 923]
a.
At the time of issuance of any construction and/or demolition permit(s),
where the permittee possesses twenty-one (21) or more cubic yards
of construction and/or demolition waste materials, the Construction
Official shall provide to the permittee written instructions on proper
disposal and recycling of the construction and/or demolition waste
materials.
b.
The Construction Official shall also furnish to the permittee a "Notification
of Construction/Demolition Activity Form." The permittee shall complete
and execute the form and transmit it via facsimile to the Somerset
County Department of Health-CEHA OPERATIONS within forty-eight (48)
hours of the issuance of a construction and/or demolition permit.
[Ord. No. 2017-1035]
a.
At the time of obtaining a demolition permit for a residential structure
or commercial structure connected to the Borough Sewer System the
owner of the property shall indicate their desire to remain connected
or to disconnect from the Borough Sewer System.
b.
Property owners that remain connected to the Sewer System reserve their sewer capacity for the structure or structures that were on the property, and shall continue to pay the annual service charge as calculated by Borough Code under the provisions of Chapter 17.
c.
Property owners that wish to disconnect from the Borough Sewer System
shall relinquish all sewer capacity associated with the subject property,
and shall not have to pay an annual service charge once the Construction
Official certifies the completion of the project.
d.
Disconnected properties shall have the final sewer bill prorated
from the time of last billing to the date of issuance of the completion
report by the Construction Official.
e.
Owners of disconnected properties who later decide to connect to
the Sewer System shall be considered a new sewer user as if there
was never a sewer connection and shall be required to follow all rules
and regulations to make a new sewer connection whether or not a sewer
lateral still remains on the property.
f.
Property owners that wish to disconnect from the Borough Sewer System
shall properly decommission and abandon the existing sewer lateral
and building sewer in accordance with applicable Borough ordinances
and/or building codes. Plans for the proposed decommissioning and
removal of the existing sewer pipes and appurtenances shall be submitted
for approval to the Construction Official for those portions of the
work subject to building codes, and to the Borough Engineer for those
portions of the work under the control of the Sewer Department.
[Ord. No. 640 § 1]
As used in this section:
Shall mean any of the following:
Underwriters Testing Laboratories
Factory Bureau of Standards
NFPA No. 74, 1984
Shall mean a qualified person appointed by the Municipal
Appointing Authority to enforce and administer the regulations of
the State Uniform Construction Code P.L. 1975 C.217 as amended.
[Ord. No. 640 § 2]
A structure used or intended to be used for residential purposes by not more than two (2) households shall have a smoke-sensitive alarm device on each level of the structure and outside each separate sleeping area in the immediate vicinity of the bedrooms and located on or near the ceiling in accordance with N.J.S.A. 52:27D-192 et seq. This section shall not be enforced except pursuant to subsection 11-2.4, below.
[Ord. No. 640 § 3]
Smoke detectors, as required by this section, shall be in compliance
with the standards of an Approved Rating Organization and shall be
capable of being installed and maintained by the person responsible
for the occupancy of the family dwelling unit. They shall consist
of an assembly incorporating the detector, control equipment and the
alarm sounding device in one (1) unit. The detectors may be battery
powered or electrically connected to the main panel box with battery
back-up. Two (2) or more single station smoke detector assemblies
may be interconnected so that the activation of one (1) causes all
integral or separate audible alarms to operate. Nothing in this section
shall be construed to prohibit the installation of more complex smoke
detection devices.
[Ord. No. 640 § 4]
In the case of a change of occupancy of any building subject to the requirements of subsection 11-2.2, no owner shall sell, lease or otherwise permit occupancy for residential purposes of that building without first obtaining a certificate evidencing compliance with this section.
[Ord. No. 640 § 5]
The Borough Construction Code Official or his designee is hereby
empowered to conduct the necessary inspections and to issue certificates
of compliance as contemplated herein. A fee of twenty-five ($25.00)
dollars shall be paid by the owner prior to each inspection.
[Ord. No. 640 § 6]
The Tax Assessment Search Officer shall provide to each person
requesting a tax search a statement calling attention to the provisions
of this section, including, the requirement that smoke detectors be
installed and the necessity of obtaining a Certificate of Smoke Detector
Compliance prior to each change of occupancy.
[Ord. No. 640 § 7;
New]
An owner who sells, leases, rents or otherwise permits to be
occupied for residential purposes any premises subject to the provisions
of this section and who does not comply with this section shall be
subject to a fine of not more than five hundred ($500.00) dollars
which may be collected and enforced by the Construction Code Official
through summary proceedings pursuant to the penalty enforcement law,
N.J.S.A. 2A:58-1 et seq.
[Ord. No. 633 § 1]
The purpose of this section is to require house number identification
of residences within the Borough to enable police, fire and other
emergency vehicles to identify with precision the location of emergencies
within the Borough.
[Ord. No. 633 § 2]
As used in this section:
Shall mean the street number assigned by the Borough Tax
Assessor for use on the official tax map of the Borough. Each building
shall have only one (1) assigned number.
Shall be no smaller than four (4") inches in height and shall
be standard Arabic numbers in a contrasting color to their background.
Shall mean and shall include every person, corporation or
association in whose name title to real estate is held or who has
possession of said real estate as tenant or otherwise or any one (1)
or more of them if there be more than one (1).
[Ord. No. 633 § 3]
a.
Each residence or business building within the Borough shall be identified
by a number hereinafter referred to as a "house number", and the owner
of each such structure shall cause the house number to be displayed
on the building or on a sign so that it is clearly visible from the
public road. Such sign shall be located within the boundary lines
of such owner's property and shall be so installed so as not to pose
a hazard to traffic or pedestrians.
b.
If there is any residence or business building for which there is
no street number, it shall be the duty of the owner thereof to procure
a house number for that residence or business building from the office
of the Borough Tax Assessor, who shall have the authority to assign
house numbers for such residences or business buildings.
c.
No Certificate of Occupancy shall be issued for a new structure within
the Borough unless and until the owner thereof has identified the
building as required by this section with the appropriate house number.
d.
If a building faces on two (2) or more public roads, the house number shall be displayed, as required in subsection 11-3.3a, on the public road that is identified for that property on the official tax map of the Borough.
e.
No person shall remove or deface a house number sign.
[Ord. No. 633 § 4]
Any person violating or failing to comply with the provisions
of this section shall be notified by certified mail of that violation.
The notice shall include a copy of this section and the date by which
compliance is required. Any person, upon conviction of such violation,
shall be liable for an amount not exceeding one hundred ($100.00)
dollars for each offense.
[Ord. No. 685 § 1]
Every person owning land on which there is situated a swimming
pool that contains twenty-four (24") inches or more of water in depth
at any point, constructed prior to January 1, 1977, shall erect and
maintain thereon an adequate enclosure surrounding the property or
pool area sufficient to make such body of water inaccessible to small
children.
[Ord. No. 685 § 2]
The enclosure shall have a minimum height of four (4') feet
above ground. All gates shall be self-closing and self-latching with
latches placed a minimum of four (4') feet above grade or otherwise
made inaccessible from the outside to small children.
[Ord. No. 685 § 3]
Enclosure fences shall be constructed so as to prohibit the
passage of a sphere larger than four (4") inches in diameter through
any opening or under the fence. Fences shall be required to be designed
to withstand a horizontal concentrated load of two hundred (200) pounds
applied to a one (1) square foot area at any point of the fence.
[Ord. No. 685 § 4]
[Ord. No. 685 § 5]
Waiver of such pool enclosure may be granted by the Construction
Official upon submission of approved site plan and written request
of owner, provided:
[Ord. No. 685 § 6]
Any person aggrieved by a decision by the Construction Official
may appeal the Official's decision to the Mayor and Council.
[Ord. No. 844, Preamble]
The Mayor and Council of the Borough of Peapack and Gladstone
have hereby found and declared that the existence of any abandoned
building or structure and/or occupation of any building, walls, structures,
or parts thereof in the Borough of Peapack and Gladstone which are
so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary, or which constitute a nuisance, or which are otherwise
unfit for human habitation or occupancy is inimical to the welfare
of the residents of Peapack and Gladstone and dangerous and injurious
to the health and safety of the people of Peapack and Gladstone, and
that a public necessity exists for the repair, closing or demolition
of such building or buildings, walls, structures, or parts thereof.
[Ord. No. 844 § 1]
The words "Governing Body," "public authority," "public officer,"
"owner," parties in interest," "building(s)," "walls," or "structures,"
whenever used or referred to in this section shall have the meanings
and be defined as set forth in N.J.S.A. 40:48-2.4.
The words "lien holder" or "mortgage holder," "property," "qualified
rehabilitation entity," "abandoned property" and "nuisance", whenever
referred to in this section shall have the meanings and/or the definitions
established in N.J.S.A. 55:19-78 et seq.
[Ord. No. 844 § 2]
No owner or parties in interest shall continue the existence,
use or occupancy of any building, buildings, walls, structures, or
parts thereof, in violation of the findings and declarations set forth
above, and power is hereby conferred upon the office or officers hereinafter
designated to exercise the police powers of the Borough of Peapack
and Gladstone to repair, close or demolish, or cause to require the
repair, closing or demolition of such building, buildings, walls,
structures, or parts thereof, in the manner hereinafter provided.
[Ord. No. 844 § 3]
In accordance with N.J.S.A. 40:48-2.5, the public officer hereby designated and appointed to exercise the powers prescribed by this section shall be the Zoning Officer, which position was established by Chapter 23 of the Code of the Borough of Peapack and Gladstone.
[Ord. No. 844 § 4]
Whenever a petition shall be filed with the public officer by
a public authority or by at least five (5) residents of the municipality,
charging that any building, or parts thereof is unfit for human habitation,
or whenever it appears to the public officer that any building, or
parts thereof is unfit for human habitation or occupancy or use, the
public officer shall, if his preliminary investigation discloses a
basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the public officer or his designated agent at a place
therein fixed not less than seven (7) days nor more than thirty (30)
days after the serving of said complaint, that the owner and parties
in interest shall be given the right to file an answer to the complaint
and to appear in person or otherwise and give testimony at the place
and time fixed in the complaint and that the rules of evidence prevailing
in courts of law or equity shall not be controlling in hearings before
the public officer or his designated agent.
[Ord. No. 844 § 5]
If, after such notice and hearing, the public officer determines
that the building, buildings, walls, structures or parts thereof under
consideration are unfit for human habitation or occupancy, or use,
he shall state, in writing, his findings of fact in support of such
determination and shall issue and cause to be served upon the owners
thereof and parties in interest an order:
a.
Requiring the repair, alteration or improvement of said building,
buildings, walls, structures or parts thereof, 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 the said building
vacated and closed within the time set forth in the order; and
b.
If the building, buildings, walls, structures or parts thereof are
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 said building, buildings, walls, structure, or parts
thereof, within the time specified in the order, then the owner shall
be required to remove or demolish said building, buildings, walls,
structures or parts thereof within a reasonable time as specified
in said order of removal.
[Ord. No. 844 § 6]
a.
If the owner fails to comply with an order to alter, repair or improve
the building, buildings, walls, structures or parts thereof or, at
the option of the owner, to vacate and close the building or buildings,
the public officer may cause such building, buildings, walls, structures
or parts thereof, to be repaired, altered or improved or to be vacated
and closed; thereupon, the public officer may cause to be posted on
the main entrance of any building so closed in a placard with the
following words; "This building is unfit for human habitation; the
use or occupation of this building is prohibited and unlawful."
b.
If an actual and immediate danger to life is posed by the threatened
collapse of any fire-damaged or other structurally unsafe building,
buildings, walls, structures or parts thereof, the public officer
may, after taking such measures as may be necessary to make such building,
buildings, walls, structures or parts thereof temporarily safe, seek
a judgment and summary proceedings for the demolition thereof.
[Ord. No. 844 § 7]
If the owner fails to comply with an order to remove or demolish
the building, buildings, walls, structures or parts thereof, the public
officer may cause such building, buildings, walls, structures or parts
thereof to be removed or demolished or may contract for the removal
or demolition thereof after advertisement for the receipt of bids
therefor.
[Ord. No. 844 § 8]
The amount of the cost of the filing of legal papers, expert
witnesses fees, search fees and advertising charges incurred in the
course of any proceedings taken under this section determined in favor
of the municipality, and the cost of such repairs, alterations or
improvements or vacating and closing or removal or demolition, if
any, or the amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building, buildings, walls, structures or parts thereof, or from
any contract for removal or demolition thereof, shall be a municipal
lien against the real property upon which such costs was incurred.
If the building, buildings, walls, structures, or any parts thereof
are removed or demolished by the public officer, he shall sell the
materials of such building, buildings, walls, structures, or parts
thereof. There shall be credited against the cost of the removal or
demolition thereof the proceeds of any sale of such materials or any
sum derived from any contract for the removal or demolition of the
building, buildings, wall, structures or parts thereof. 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 public officer 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 public officer, shall be secured in such manner
as may be directed by such Court and shall be disbursed according
to the order or judgment of the Court to the persons found to be entitled
thereto by final order or judgment of the Court; provided, however,
that nothing in this subsection shall be construed to impair or limit
in any way the power of the municipality to define and declare nuisances
and to cause their removal or abatement by summary proceedings or
otherwise. 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.
[Ord. No. 844 § 9]
The public officer may determine that a building, buildings,
walls, structures, or parts thereof are unfit for human habitation
or occupancy or use if he finds that conditions exist in such building,
buildings, walls, structures or parts thereof which are dangerous
or injurious to the health or safety of the occupants of such building,
buildings, walls, structures or parts thereof, the occupants of neighboring
building, buildings, walls structures or parts thereof, or other residents
of such municipality; such conditions shall be deemed to include the
following (without limiting the generality of the foregoing): defects
therein increasing the hazards of fire, accident or other calamities;
lack of adequate ventilation, light or sanitary facilities; dilapidation,
disrepair, structural defects; uncleanness; or failure to comply with
the requirements of the Building Code or the Certificate of Occupancy.
[Ord. No. 844 § 10]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the public officer in the exercise
of reasonable diligence, and the public officer or his legal agent
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 once
in a newspaper printed and published in the municipality or, in the
absence of such newspaper, in one printed and published in the County
and circulating in the municipality in which the buildings are located.
A copy of such complaint or order shall be duly recorded or lodged
for record with the County Clerk of Somerset County.
[Ord. No. 844 § 11]
The public officer is hereby authorized to exercise such powers
as shall be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to others herein granted:
a.
To investigate the building conditions in the municipality in order
to determine which building, buildings, walls, structures or parts
thereof are unfit for human habitation or occupancy or use.
b.
To administer oaths, 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 subject to the approval of the Mayor and Council and fix
the duties of such officers, agents and employees as he deems necessary
to carry out the provisions of this chapter.
e.
To delegate any of his functions and powers under this section to
such officers and agents as he may designate.
f.
To determine a property to be abandoned pursuant to the criteria
set forth in N.J.S.A. 55:19-81 and/or to be a nuisance pursuant to
the criteria established in N.J.S.A. 55:19-82.
[Ord. No. 844 § 12]
Any action taken using revenues derived from the local property
tax shall be taken only after advertisement for and receipt of bids
therefor pursuant to the provisions of the Local Public Contracts
Law, N.J.S.A. 40A:11-1, et seq., unless the action is necessary to
prevent imminent danger to life, limb or property.
[Ord. No. 844 § 13]
Nothing in this section shall be construed to impair or limit
in any way the power of the Borough to define and declare nuisances
and to cause their removal or abatement, by summary proceedings or
otherwise, nor to limit the Borough to exercise all remedies available
to it under "The Abandoned Rehabilitation Properties Act," nor is
anything in this section intended to limit the authority of the enforcing
agency or Zoning Officer under the "State Uniform Construction Code
Act," (N.J.S.A. 52:27D-119, et seq.) or any rules or regulations adopted
thereunder.
[Ord. No. 844 § 14]
Any person aggrieved by any order issued by a public officer
under this section may, within thirty (30) days after the posting
and service of such order, bring an action for injunctive relief to
restrain the public officer from carrying out the provisions of the
order and for any other appropriate relief. The Court may proceed
in the action in a summary action or otherwise. The remedy herein
provided shall be exclusive and no person affected by an order of
the public officer shall be entitled to recover any damages for action
taken pursuant thereto, or because of noncompliance by any person
with any order of the public officer.
[Ord. No. 2017-1048]
[1]
Editor's Note: Former Section 11-6, Rules and Regulations
Governing Design of Residential Dwellings, previously codified herein
and containing portions of Ordinance No. 278, was repealed in its
entirety by Ordinance No. 751. See separate volume "Land Development
Ordinance Borough of Peapack and Gladstone" for rules and regulations
governing design of residential dwellings.
This Section 11-6 may be cited as "The Property Maintenance Code" of the Borough of Peapack and Gladstone, Somerset County, New Jersey.
The purposes of this Property Maintenance Code are as follows:
a.
To protect the public health, safety and welfare of the citizens
of Peapack and Gladstone by establishing minimum standards governing
the maintenance, appearance, conditions and occupancy of property.
b.
To establish and authorize procedures for the enforcement of this
Code.
c.
To fix certain responsibilities and duties upon owners, tenants and
operators and distinct and separate responsibilities and duties upon
occupants; to authorize and establish procedures for the inspection
of residential and nonresidential premises.
d.
To fix penalties for the violations of this Code.
It is found and declared that there exist in the Borough structures
used for residential and nonresidential purposes which are or may
become substandard with respect to structure, equipment or maintenance,
and further that such conditions, including but not limited to, structural
deterioration, lack of maintenance and appearance of exterior of premises,
infestation, lack of maintenance or upkeep, existence of fire hazards,
constitute a menace to the health, safety, welfare, reasonable comfort
and quality of life of the residents of the Borough. It is further
found and declared that by reason of lack of maintenance and because
of progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that,
if the same are not curtailed and removed, the aforesaid conditions
will grow and spread and will necessitate, in time, the expenditure
of large sums of public funds to correct and eliminate the same and
that, by reason of timely regulations and restrictions as herein contained,
the growth of slums and blight may be prevented and the neighborhood
and property values thereby maintained; the desirability and amenities
of residential and nonresidential uses and neighborhoods enhanced;
and the public health, safety, welfare and quality of life protected
and fostered.
Unless expressly provided to the contrary in this Code, the
respective obligations and responsibilities of the owner, operator
and occupant shall not be altered or affected by any agreement or
contract by and between any of the aforesaid or between them and other
parties. The owner shall be primarily responsible for complying with
the provisions of this Property Maintenance Code unless expressly
stated otherwise within any particular section herein; however, nothing
herein shall prevent the Enforcement Officer from issuing a notice
to the operator or occupant in addition to the owner. The owner shall
be responsible for any failure of the operator or occupant to discharge
a duty imposed upon the operator or occupant by this Code. The owner
shall be responsible to maintain the entirety of such property, regardless
of any right-of-way which may exist.
The following terms, whenever used herein or referred to in
this Code, shall have the respected meanings assigned to them, unless
a different meaning clearly appears from the context. All definitions
of the 2012 International Property Maintenance Code which are not
set forth herein are incorporated herein by reference, unless a different
definition is provided in this section.
Shall mean the condition of a building or structure or part
thereof characterized by holes, breaks, rot, crumbling, cracking,
peeling, rusting or other evidence of physical decay or neglect, lack
of maintenance or excessive use.
Shall mean greater than what is usual or proper.
Shall mean open space on the premises outside of any building
located thereon.
Shall mean putrescible and vegetable waste resulting from
the handling, preparation, cooking and/or consumption of food. (See
also "refuse" and "rubbish.")
Shall mean the presence of insects, rodents, vermin or other
pests on the premises which constitute a health hazard either to the
occupants of the premises and/or to surrounding properties and/or
residents.
Shall mean:
Any attractive nuisance which may prove detrimental to the health
and/or safety of children, whether in a building, on the exterior
of the premises or upon an unoccupied lot. Attractive nuisances include
but are not limited to: abandoned wells, shafts, basements, excavations,
abandoned swimming pools, abandoned ice boxes, freezers and or refrigerators,
unregistered vehicles, any structurally unsound fences or structures,
lumber, trash, broken window glass, fences, or debris which may prove
hazardous for inquisitive minors. However, unregistered vehicles which
are not exposed to public view, and which are properly locked and
stored in an appropriate place of storage, such as a garage or other
storage facility, shall not be considered a nuisance.
Physical conditions dangerous to human life or detrimental to
the health of persons on or near the premises where the conditions
exist.
Fire hazards, which shall include but not be limited to the
maintenance and/or storage of combustible materials or flammable chemicals
and/or the maintenance of an uncontrolled open fire.
Shall mean any person who has charge, care or control of
a dwelling or premises or any part thereof, whether with or without
the knowledge and consent of the owner.
Shall mean any person who, alone or jointly or severally
with others, shall have legal or equitable title to any premises,
with or without accompanying actual possession thereof, or who shall
have charge, care or control of any dwelling unit as owner or agent
of the owner or as executor, executrix, administrator, administrative
trustee, receiver or guardian of the estate or as a mortgagee in possession,
regardless of how such possession was obtained.
Shall mean a lot, or parcel of land, including the buildings
or structures thereof.
Shall mean nonputrescible solid waste consisting of both
combustible and noncombustible wastes, such as paper, wrappings, cigarettes,
cardboard, tin cans, yard clippings, leaves, wood, glass, bedding,
crockery and similar materials. (See also "garbage" and "refuse.")
Shall mean a machine propelled by other than human power,
designed to travel along the ground or water by use of wheels, treads,
runners or slides and to transport persons or property or pull machinery.
The term shall include an automobile, truck, trailer, motorcycle,
camper, or boat.
Nothing in this chapter shall be construed to abrogate or impair
the powers of the Borough of Peapack and Gladstone to enforce any
provisions of its ordinances or regulations or prevent or punish violations
thereof, and the power conferred by this chapter shall be in addition
to and supplemental to the powers conferred by any other law or ordinance.
The Construction Code Official or his or her designated representatives,
Construction Subcode Officials, Zoning Officer, Code Enforcement Officer,
Health Officer, and Fire Official/Inspector shall have the authority
to enforce this Property Maintenance Code.
a.
All properties, structures and premises in the Borough of Peapack
and Gladstone shall be kept free of all of the following conditions:
1.
Broken glass, filth, garbage, trash, refuse, rubbish and debris.
2.
Holes, excavations, breaks, projections, obstructions, and other
safety hazards of driveways, parking lots, parking areas and all other
parts of the premises which are accessible to and used by persons
on the premises. All such holes and excavations shall be filled and
repaired, walks and steps replaced and other conditions removed where
necessary to eliminate safety hazards or unsanitary conditions. Neither
snow nor ice shall be considered a safety hazard or unsanitary condition
to be addressed by this chapter.
3.
Sources of infestation or potential infestation by rodents, mosquitoes,
flies and other harmful vermin.
b.
All parts of the premises shall be kept in a clean and sanitary condition,
free of nuisances and free of health, safety and fire hazards.
c.
The exterior of every structure or accessory structure, including
fences, shall be maintained in good repair, and all surfaces thereof
shall be kept painted and finished where necessary for purposes of
preservation and appearance. The same shall be maintained free of
broken glass, loose shingles, crumbling stone or brick, excessive
peeling of paint or other conditions reflecting inadequate maintenance,
to the end that the property itself may be preserved, safety and fire
hazards eliminated and adjoining properties in the neighborhood protected
by blighting influences.
a.
Notice of Violation. Where a violation of this chapter or the regulations
hereunder is found to exist, a written Notice of Violation from the
Enforcement Officer or his/her designated representative shall be
served upon the owner, tenant or operator, who shall be responsible
for correcting such condition. The notice shall contain the following:
1.
An identification of the property on which the violation is found
to exist, listing the property by block and lot number or by street
address.
2.
An identification of the conditions constituting the violation.
3.
The necessary corrective actions; and
4.
A reasonable time period to be set by the Enforcement Officer, not
to exceed thirty (30) days, to correct or abate the violation.
b.
Issuance of Summons. If the owner, tenant or operator to whom a Notice
of Violation has been issued fails to abate the violation in the time
or manner prescribed in the Notice of Violation, the Enforcement Officer
or his/her designated representative shall issue a summons against
the owner, tenant or operator. The summons shall be returnable in
the Municipal Court.
c.
Service. Any Notice of Violation or summons issued pursuant to this
Chapter may be served personally or by certified mail at the last
known address of the owner, tenant or operator alleged to be in violation.
Service upon any owner, tenant or operator may also be achieved by
service of any notice or summons upon a member of the family of the
owner, tenant or operator of the age of fourteen (14) years or over
then residing at the residence of such owner or operator. Where it
is ascertained that the owner, tenant or operator does not reside
on the premises and the last known address cannot be ascertained,
the Notice of Violation may be posted on the outside front entrance
of the affected building.
d.
Violations and Penalties. Any owner, tenant or operator who is found
by the Municipal Court Judge to be in violation of any provision of
this chapter or the regulations hereunder, shall be subject to a fine
of not less than one hundred ($100.00) dollars nor more than two thousand
($2,000.00) dollars. Each violation of a different section of this
chapter shall constitute a separate and distinct violation independent
of any other section. Each day's failure to comply with any provision
of this chapter shall constitute a separate violation.
a.
In the event the owner, tenant or operator who, having been issued
a Notice of Violation or summons, fails to abate the violation, the
Borough may in its discretion choose to abate the nuisance, hazard
or condition giving rise to the violation as set forth herein.
b.
Upon resolution of the Governing Body in accordance with N.J.S.A.
40:48-2.12f and three (3) days written notice to the owner, tenant
or operator of the premises, the Department of Public Works or a private
service hired by the Borough may abate a nuisance, hazard or condition,
or correct a defect or put the premises in proper condition so as
to comply with any provision of this chapter or State law applicable
thereto should the owner, tenant or operator who, having been issued
a Notice of Violation or summons fail to abate the violation.
c.
The Director of the Department of Public Works shall certify the
cost thereof to the Governing Body of the Borough at the next regular
meeting thereafter. The Governing Body shall examine the certificate
and if found to be correct, charge the amount thereof as a lien against
the premises. In the event such cost is found to be excessive by the
Governing Body it shall cause a reasonable cost therefor to be charged
against the lands. The amount so charged shall forthwith become a
lien on the lands and shall be added to and become and form a part
of the taxes next to be assessed and levied upon the lands and shall
bear interest at the same rate as other taxes and be collected and
enforced by the same officers and in the same manner as taxes.
d.
Any abatement undertaken by the Borough in accordance with this section
shall not relieve the owner, tenant, or operator of any fines imposed
by the Municipal Court for a violation of this chapter.
[Ord. No. 934 § I]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system(s) operated by the Borough
of Peapack and Gladstone so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 934 § II]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
a.
Municipal separate storm sewer system (MS4) shall mean a conveyance
or system of conveyances (including roads with drainage systems, municipal
streets, catch basins, curbs, gutters, ditches, man-made channels,
or storm drains) that is owned or operated by the Borough of Peapack
and Gladstone or other public body, and is designed and used for collecting
and conveying stormwater.
b.
Person shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
c.
Storm drain inlet shall mean an opening in a storm drain used to
collect stormwater runoff and includes, but is not limited to, a grate
inlet, curb-opening inlet, slotted inlet and combination inlet.
d.
Waters of the State shall mean the ocean and its estuaries, all springs,
streams and bodies of surface or groundwater, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 934 § III]
No person in control of private property (except a residential
lot with one (1) single-family house) shall authorize the repaving,
repairing (excluding the repair of individual potholes), resurfacing
(including top coating or chip sealing with asphalt emulsion or a
thin base of hot bitumen), reconstructing or altering any surface
that is in direct contact with existing storm drain inlet on that
property unless the storm drain inlet either:
[Ord. No. 934 § IV]
Storm drain inlets identified in subsection 11-7.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 11-7.4c below.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels and
stormwater basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two (2) or more clear spaces) shall have an area of no
more than seven (7.0) square inches, or be no greater than two (2.0)
inches across the smallest dimension.
c.
This standard does not apply:
1.
Where the Municipal Engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) this
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one (1") inch spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2 (c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 934 § V]
This section shall be enforced by the Police Department and/or
the Stormwater Management Coordinator of the Borough of Peapack and
Gladstone.
[Ord. No. 934 § VI]
[Ord. No. 2017-1029]
This Section 11-8 may be cited as "The Residential Rental Code" of the Borough of Peapack and Gladstone, Somerset County, New Jersey.
The Residential Rental Code of the Borough is hereby adopted
to read as follows.
a.
This Code is to protect the public health, safety and welfare in
all residential rental structures and premises as hereinafter provided
by:
1.
Establishing minimum maintenance standards for all residential rental
structures in determining the fitness of any such structure for human
habitation, use or occupancy.
2.
Establishing procedures and requirements for the rental of residential
structures within the Borough.
3.
Providing for administration, enforcement and penalties.
4.
These regulations shall not apply to a residential unit occupied
by the owner or by an immediate family member of the owner.
Unless expressly provided to the contrary in this Residential Rental Code, the respective obligations and responsibilities of the owner, operator and occupant shall not be altered or affected by any agreement or contract by and between any of the aforesaid or between them and other parties. The owner shall be primarily responsible for complying with the provisions of this section unless expressly stated otherwise within any particular section herein; however, nothing herein shall prevent the Public Officer from issuing a notice pursuant to subsection 11-8.6.6 or 11-8.6.7 to the operator or occupant in addition to the owner. The owner shall be responsible for any failure of the operator or occupant to discharge a duty imposed upon the operator or occupant by this Residential Rental Code.
A certain document, three (3) copies of which are on file in
the Office of the Clerk of the Borough, being marked and designated
as the New Jersey State Housing Code, as set forth in the New Jersey
Administrative Code, N.J.A.C. 5:28-1 et seq., as amended from time
to time, be and is hereby adopted as the Housing Code of the Borough
of Peapack and Gladstone, for the control of buildings and structures
as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of the State Housing Code are hereby
referred to, adopted, and made a part hereof, as if fully set out
in this section, with the additions, insertions, deletions and changes
as prescribed in this section.
Where utilities and facilities (as it pertains to this section:
gas, oil, electricity, sewer, water and heating systems), are not
supplied directly and independently through the use of separate meters,
tanks and piping to each individual dwelling unit in a building or
structure, the landlord or owner is responsible for supplying same.
Notwithstanding the responsibilities imposed on the owner or landlord
pursuant to this section, the responsibility for paying the cost for
said utilities and facilities is a matter left between the owner or
landlord and tenant. Nothing in this section shall be construed as
determining which party shall be responsible for paying the cost of
said utilities.
Every dwelling unit shall have a bathroom, containing a toilet,
wash basin, bathtub or shower; shall be equipped with private kitchen
facilities; and shall comply with such other requirements as are set
forth elsewhere in this Residential Rental Code. Where there are more
than eight (8) occupants, the unit shall have two (2) bathrooms. Each
dwelling unit or rooming unit shall contain at least one (1) closet
for each bedroom located within the dwelling unit. Every kitchen shall
contain adequate storage facilities for dishes and utensils.
a.
No cooking shall be permitted in any dwelling unit unless there be
minimum sanitary facilities, which facilities shall include:
Cooking facilities serving more than one dwelling unit or independent
rooming unit or combination thereof shall not be permitted.
Every owner, occupant or operator shall maintain all plumbing
fixtures used by him in a clean and sanitary condition and he shall
not deposit any material in any fixture or sewer system which would
result in stoppage of or damage to the fixtures or sewer system.
No occupant shall cook in any dwelling unit except where all the required sanitary facilities are installed as required under subsection 11-8.4.4.
The person charged with the responsibility of enforcement of
this Residential Rental Code shall also be known as the Public Officer,
and shall have authority as necessary in the interest of the public
health, safety and general welfare, to implement the provisions of
this Residential Rental Code. A Zoning Officer, Fire Inspector, and/or
Code Enforcement Officer of the Borough shall also be considered a
"Public Officer" for purposes of this section.
a.
All residential rental structures and premises within the Borough are subject to this section, and shall be subject to inspections by the Public Officer of the Borough. At the time of such inspections, all rooms in the building and all parts of the premises must be available and accessible for such inspections and the owner, operator and occupant are required to provide the necessary arrangements to facilitate inspections. All such inspections undertaken pursuant to this Chapter 11 shall be subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Public Officer shall pursue recourse as provided by law, including obtaining a search warrant. Inspections shall be made between 8:30 a.m. and 4:30 p.m. prevailing time, unless one of the following conditions exists:
1.
The premises are not available during the foregoing hours for inspections;
or,
2.
There is reason to believe that violations are occurring on the premises
which can only be apprehended and detected by inspections during other
than the prescribed hours or which require immediate inspection after
being reported, such as failure to supply heat; or,
3.
There is reason to believe a violation exists of a character that
is an immediate threat to health or safety requiring inspection and
abatement without delay.
Public Officers who conduct inspections shall be supplied with
official identification and upon request shall exhibit such identification
when entering any dwelling unit, rooming unit, or any part of any
premises subject to this section. Inspectors shall conduct themselves
so as to avoid intentional embarrassment or inconvenience to occupants.
Where the Public Officer is refused entry or access or is otherwise impeded or prevented by the owner, operator or occupant from conducting an inspection of the premises as permitted under and pursuant to the terms of this Chapter 11, such person shall be in violation of this section.
Where entry is refused, the Public Officer may, upon affidavit,
apply to the Municipal Court Judge of the Borough for a search warrant
setting forth factually the actual conditions and circumstances that
provide a reasonable basis for believing that a nuisance or violation
of this section exists on the premises, and if the Judge is satisfied
as to the matter set forth in the affidavit, he or she shall authorize
the issuance of a search warrant permitting access to and inspection
of that part of the premises on which the nuisance or violation is
believed to exist. Warrant for access may be issued by the Judge upon
affidavit of the Public Officer establishing grounds therefor.
Where a violation of this section or the regulations hereunder
is found to exist, a written notice from the Public Officer shall
be served on the person or persons responsible for the correction
thereof.
The notice shall specify the violation(s), what must be done to correct same, a reasonable period of time not to exceed thirty (30) calendar days to correct or abate the violation(s) unless extenuating circumstances warrant otherwise, the right of the person served to request a hearing, and that the notice shall become an order of the Public Officer five (5) business days after service unless a hearing is requested pursuant to subsection 11-8.6.9.
Notice may be effectuated by personal service on the owner,
operator or occupant, or by posting on the premises, or by certified
mail to the last known address of the person to be served, as set
forth herein. In the case of an occupant, notice may be posted upon
the door of his dwelling or rooming unit. When it is ascertained that
the owner does not reside on the premises, the last known address
shall be the address of the owner as shown in the office of the Tax
Collector. If the last known address cannot be ascertained, the notice
may be posted on the outside front entrance of the building. The Public
Officer shall provide notice at any address other than the last known
address provided hereunder to any such owner, operator or occupant
if such other address has theretofore been filed with the Public Officer
personally, or by certified mail addressed to the Public Officer.
Service upon an owner, operator or occupant may also be attained by
service of any notice upon a member of the family of the owner, operator
or occupant. When service is by mail, the date of service of the notice
shall be fixed as the day following the day of mailing for notice
to addresses within the Borough, and as the second day after the day
of mailing for notice to addresses outside the Borough. When the day
of service falls upon a Sunday or other day when mail is not ordinarily
delivered, the day of service shall be fixed as the next regular delivery
day. Posting of notice on the property shall not be utilized as the
sole form of notice except when there is no other means of providing
notice.
After five (5) business days from the date of service of a notice,
the notice shall constitute a final order unless any person affected
by the notice requests a hearing thereon and serves a written request
for such a hearing within the five (5) business days period, in person
or by mail, on the Public Officer and Borough Administrator. Such
request for a hearing shall concisely set forth the grounds or reasons
on which the request for a hearing is based and the factual matters
contained in the notice of violation which are to be disputed at the
hearing. The Borough Administrator, upon receipt of the request, shall,
prior to the notice becoming an order and upon at least five (5) business
days' notice to the party aggrieved, set the matter down for hearing.
The hearing shall be held before a designated Hearing Officer. The
Hearing Officer shall be designated by the Mayor, upon the advice
and consent of the Council.
At any hearing provided hereunder, the Hearing Officer shall
be vested with all the powers provided by law to compel the attendance
of witnesses and parties in interest by issuance and service of subpoena,
to require by subpoena the production of books, records, or other
documents at any such hearing which may be pertinent to matters to
be determined by him and to enforce any such subpoena as provided
by law. Determination by the Hearing Officer shall be made within
ten (10) days from the completion of the hearing. The Hearing Officer
shall issue an order either incorporating the determinations and directions
contained in the notice, modifying the same or withdrawing the notice.
Where the violation or condition existing on the premises is
of such a nature as to constitute an immediate threat to life or limb
or the welfare and well-being of the citizens of Peapack and Gladstone
unless abated without delay, the Public Officer may order the owner,
operator or occupant to correct the violation or condition within
a period of time not to exceed three (3) days.
Where the abatement of any nuisance as defined herein, correction
of a defect in the premises or bringing the premises into compliance
with the requirements of any municipal ordinance or State law applicable
thereto requires expending Borough monies therefor in a manner consistent
with and in adherence to the Local Public Contracts Law, N.J.S.A.
40A: 11-1 et seq, the Public Officer shall present a report of work
done to accomplish the foregoing to the Borough Administrator along
with a summary of the proceedings undertaken by the Public Officer
to secure compliance. The Borough Administrator shall report to the
Council of such action and request a lien be placed on the affected
premises. After review of the same, the Borough Council may approve
the expenditure and costs whereupon the same shall become a lien against
the premises collectible as provided by law. A copy of the resolution
approving the expenses and costs shall be certified by the Borough
Council and filed with the Tax Collector of the Borough who shall
be responsible for the collection thereof.
Where there exists a violation of occupancy standards hereunder,
an owner or operator, upon receipt of a notice of a violation, if
unable to eliminate the violation by peaceable means within the period
of time specified in the notice, shall commence within such period
legal action to dispossess, evict or eject the occupants who cause
the violation. No further action hereunder shall then be taken against
the owner or operator as long as the action aforesaid is pending in
the court and is prosecuted expeditiously and in good faith. However,
if the Public Officer has reason to believe the violation is the responsibility
of the owner or operator, the Public Officer may proceed with a violation
against said owner or operator.
Where the Public Officer shall determine that there was a violation
and a notice was served upon the owner, operator or occupant whether
or not the violation was abated prior to the issuance of an order,
if thereafter within the space of two (2) years there shall be a second
violation by the same owner, operator or occupant of the same provision
of this section discovered on the same premises, the offender may
be prosecuted on the second violation without the Public Officer first
giving notice and opportunity for a hearing to the owner, operator
or occupant by the filing of a complaint by the Public Officer in
the Municipal Court. Where the Public Officer has on two (2) different
occasions found violations by the same owner, operator or occupant
on the same premises and has issued notices on each, upon discovering
a third or subsequent violation by the same owner, operator or occupant
on the same premises within the space of two (2) years, whether of
the same subsections or of any other subsections of this section,
he may thereupon prosecute the offender by filing a complaint in the
Municipal Court for the third or subsequent violation occurring within
the period of two (2) years without first providing notice and opportunity
for a hearing by the Hearing Officer.
For the purposes of enforcement of this section, the service
of a notice on an owner, whether or not the owner is also the operator,
shall constitute notice of violations set forth therein until the
violations are abated in conformity with this section and the other
applicable ordinances of the Borough.
Where the owner, operator or lessor of any structure containing
two (2) or more dwelling units, or rooming units which is let or rented
to another in whole or in part violates this section or any other
municipal ordinance pertaining to the structure or fails to abate
any violation of this section, or violates an order of the Public
Officer upon resolution duly approved by the Borough Council, the
Public Officer may commence an action in the Superior Court seeking
appointment of the Public Officer as receiver ex officio of the rents
and income from the property. The rents and income shall be collected
by the receiver and shall be expended and allotted to:
a.
Secure compliance with the regulations of the Borough and laws of
the State as set forth in the order of the Public Officer; and
b.
Be utilized to defray such costs and expenses of the receivership
as may be adjudged by the Superior Court; and
c.
Be applied towards payment to the Borough of any fines or penalties
with costs which may have been imposed on the owner, operator or lessor
for violation of the ordinances of the Borough and which have remained
unpaid.
a.
Fines. In addition to any penalties expressly set forth within this section, a violation of any subsection of this section shall be subject to the penalty provisions of Chapter 1, Section 1-5 of the Municipal Code. Nothing in this section shall prohibit the Public Officer from citing violations under the penalty provisions of the Uniform Construction Code, New Jersey Administrative Code or any other applicable statute, regulation or ordinance. Each violation of a subsection of this section shall constitute a separate and distinct violation independent of any other subsection. Each day's failure to comply with any such subsection shall constitute a separate violation. In establishing the penalty to be imposed, the Judge of the Municipal Court shall consider whether the owner, operator or occupant so charged has been convicted of a violation of this section within the prior two (2) years.
b.
Liability of Officers and Agents. Where the defendant is other than
a natural person, the above paragraph as to fines and penalties shall
also apply to any agent, superintendent, officer, member or partner
who shall alone or with others have charge, care or control of the
premises.
The Public Officer is hereby authorized and empowered to promulgate
such written rules and regulations as may be necessary for the proper
interpretation and administration of the provisions of this section,
with concurrence of the Borough Council, provided that such rules
and regulations do not conflict with this section and conform to the
general standards prescribed by this section. The Public Officer shall
file copies of such rules and regulations with the Borough Clerk and
shall make available in the Public Officer's office a copy for inspection
by the members of the public during regular business hours.
The Public Officer shall have the power to withhold strict enforcement
of the requirements of this section upon written application therefor
by an owner, operator or occupant, after making determination that:
a.
Any variation or modification of structure or use approved by the
Public Officer will not in any material way alter the standards of
this section and cannot affect detrimentally the health or safety
of occupants or owners of adjacent premises or of the neighborhood;
and
b.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom.
Upon denial of any such application, the owner, operator or occupant may request a hearing which shall be held in accordance with provisions of subsection 11-8.6.9. Such application shall not constitute a defense of any violation of this section concerning which any proceedings are pending in the Municipal Court when the application is filed nor shall any variance or modification allowed hereunder constitute a vested right against any ordinance enacted hereinafter by the Borough Council compelling strict enforcement of any provisions of this section.
[Amended 2-13-2018 by Ord. No. 1051-2018]
Whenever an owner, operator or occupant, prospective purchaser,
mortgagee or prospective occupant shall apply to the Public Officer
for an inspection in order to ascertain if any subsection of this
section has been violated, the Public Officer shall, upon payment
of the fee hereunder stated, cause an inspection to be made of the
premises and issue an informational certificate or report of the inspection
to the applicant, indicating therein any violations of this chapter
on the premises. The applicant for inspection shall state in writing
his full name, residence and the reasons and basis for which the inspection
is requested. The Public Officer may deny the application for failure
to comply with this requirement. The fee for any inspection made under
this subsection shall be $100 for single-family dwellings and $50
additional for each unit and $50 for each reinspection subsequent
to the first inspection.
Any person who sells or conveys any dwelling or dwelling unit in the Borough shall include, as part of the agreement of sale, a statement that there is or is not any outstanding notice or order, issued by the Public Officer citing violations of the provisions of this section. Failure of a seller or conveyor to conform to the requirements of the above statement, even if with the consent of the purchaser or transferee, shall be a violation of this section and shall subject the seller or conveyor to the penalties as set forth in subsection 11-8.6.17. Upon written request and payment of a fee as stipulated under subsection 11-8.6.20 by persons seeking compliance with this section, the Public Officer shall cause an inspection to be made and shall mail a report of such inspection to the person requesting it.
a.
Definitions.
1.
Dwelling shall mean and include any building or structure rented
or offered for rent to one (1) or more tenants or family units.
2.
Dwelling unit shall mean and include that portion of a building or
structure rented or offered for rent to one (1) or more tenants or
family units.
3.
Owner shall mean any person who owns any legally cognizable interest
in any building or structure including, but not limited to, outright
ownership or ownership through a partnership, corporation or limited
liability company.
4.
Owner-occupied shall mean the primary residential living unit of
the owner.
5.
Rental unit shall mean and include that portion of a dwelling, building
or structure rented or offered for rent, for living and dwelling purposes
to individuals or family units.
6.
Reside shall mean to live or dwell permanently or continuously for
thirty (30) or more days.
7.
Tenant shall mean those persons who have leased the unit from the
owner regardless of the type of tenancy under which they occupy the
unit.
b.
Certificate Required. No person shall rent any dwelling unit unless
a Rental Certificate of Occupancy (RCO) has been obtained by the owner
or any agent acting on behalf of any owner from the Public Officer
or designee. It shall henceforth be unlawful for any owner of real
property to which this section is applicable to rent or lease for
occupancy any dwelling unit until a Rental Certificate of Occupancy
has been obtained therefor from the Public Officer or designee. This
subsection shall not apply to owner - occupied properties.
c.
Applications for Certificate.
1.
Commencing April 1, 2017, any owner or any agent acting on behalf
of any owner, intending to rent or lease any dwelling unit or actually
renting or leasing a dwelling unit, shall apply to the Public Officer
or his/her designee for an RCO. For any dwelling unit which is already
actually rented or leased as of April 1, 2017, the owner or agent
acting on behalf of such owner must apply for an RCO no later than
April 1, 2017.
2.
Landlord shall notify the Public Officer in writing or email within
five (5) business days whenever any change of occupancy occurs.
3.
All applications for such RCO shall be accompanied by an inspection
fee of fifty ($50.00) dollars and twenty-five ($25.00) dollars for
each additional unit included in the same application submission,
shall be made in writing and shall state:
(a)
The name, street address and working phone number of the owner
of the property, and the name, street address and working phone number
of the renting agent, if any.
(b)
A description of the premises to be occupied, including the
street address thereof, and a designation of the portion or portions
of the premises or structures for which the specific application is
being made;
(c)
The number of persons older than one year of age who shall occupy
any and all portions of the premises; and,
(d)
The number of bedrooms in the dwelling unit.
4.
Within ten (10) business days after the receipt of the payment of
the required inspection fee and the application form, the owner shall
afford the Public Officer or his/her designee the opportunity to inspect
the dwelling unit. Within ten (10) business days of the inspection,
the Public Officer or his/her designee shall issue or deny the RCO,
setting forth the reason(s) for such denial. Each separate dwelling
unit shall require a separate RCO (i.e. three (3) rental units in
a building require three (3) Rental Certificates of Occupancy). The
Public Officer will also determine if the proposed rental would render
the property to be out of compliance with the zoning regulations of
the zone in which the property is situated. No RCO will be issued
if the property is not in compliance with the applicable zoning regulations.
5.
If the RCO is denied, the owner shall pay a fee for reinspection
in the amount of twenty-five ($25.00) dollars per reinspection for
each RCO sought.
6.
All owners or renting agents applying for an RCO, as provided herein,
shall advise the Public Officer or his/her designee of a reasonable
time or times that the inspection may be made and have someone present
to assist and provide entry for the inspection purposes.
7.
Commencing April 1, 2017, and continuing each year thereafter, any
owner or any agent acting on behalf of any owner, who rents or leases
any dwelling unit shall apply no later than January 1st of that year
to the Public Officer or his/her designee for an annual reinspection
in order to obtain and maintain an annual RCO. Each rental premises
containing any dwelling units shall be subject to an annual reinspection
for each such dwelling unit.
8.
The Public Officer or his/her Designee shall reinspect the property
upon receipt of the application and the fifty ($50.00) dollar fee
and prior to issuing a new RCO or the annual renewal of an RCO. All
applications for the annual renewal of an RCO shall be accompanied
by an inspection fee of fifty ($50.00) dollars and twenty-five ($25.00)
dollars for each additional unit included in the same application
submission.
d.
Standards for Issuance.
1.
If, after a general inspection of the dwelling unit, the Public Officer
or his/her designee determines that the dwelling unit complies with
the Master Plan, the zoning ordinances, the provisions of this chapter
and all other applicable ordinances of the Borough of Peapack and
Gladstone and/or State law, the Public Officer or his/her designee
shall issue the RCO.
2.
If the Public Officer or his/her designee, as a result of the general inspection of the dwelling unit, finds any violation as set forth in paragraph d1 above, he shall notify the owner of the violation by way of written notice sent certified mail, return receipt requested and regular mail and/or by personal service of the notice, with acknowledgement of receipt to the owner or his/her agent. The Public Officer shall allow the owner fourteen (14) calendar days to correct the violation. The notice shall identify the premises and specify the violations and any necessary remedial action. The notice shall state that the failure to correct the violations within the time specified shall constitute a violation of this subsection and may be punishable in accord with Chapter 1, Section 1-5 of this Code and/or applicable State law.
3.
Upon notification that the violation has been corrected, the Public
Officer or his/her designee shall reinspect the premises, subject
to a twenty-five ($25.00) dollar reinspection fee. If the violation
has been remedied, the Public Officer shall issue the RCO.
4.
Any violation of Federal, State and/or local laws, rules, regulations
and/or codes shall be grounds for the denial of an RCO.
e.
Smoke detector and carbon monoxide detector required in all residential
buildings, in compliance with all Federal, State and local rules,
regulations and guidelines. No RCO shall be issued to a dwelling unit
or any portion thereof unless approved smoke detectors and carbon
monoxide detectors have been installed as required by applicable State
statute and Borough ordinances.
f.
Failure to Comply. The Public Officer or his/her designee shall have
the authority to issue any summons or complaint for any violation
of any ordinance, statute, law and/or regulation against the owner
and/or occupant of the residential building or portion thereof wherein
the violation(s) exists and such violations shall be subject to the
penalties provided herein.
g.
Illegal Units. In the event that, upon inspection by the Public Officer
or his/her designee, it is determined that the property is being utilized
as a multifamily dwelling in violation of the Borough Zoning Ordinance
or this section, the following shall be required in order to satisfy
the Public Officer or his/her designee that said conditions have been
abated:
1.
If separate and distinct utility services are installed at the premises
for the illegal units, these utility services must be removed to the
satisfaction of the Public Officer or his/her designee.
2.
The owner must execute a statement, sworn to under oath and notarized,
acknowledging that he/she is aware that the premises are to be used
in a manner which is consistent with all Federal, State and local
laws, rules and regulations and that he/she shall be subject to fines
and other penalties in the event of future violations; and
3.
Additional dwelling units, which include kitchens and bathrooms,
that were or have been installed by anyone in contravention of Federal,
State and/or local laws, rules and regulations must be removed to
the satisfaction of the Public Officer or his/her designee or brought
into compliance with such laws, rules and regulations to the satisfaction
of the Public Officer or his/her designee, or the applicable municipal
body if such approvals are necessary. The Public Officer or his/her
designee cannot give an approval where the Public Officer or his/her
designee lacks the jurisdiction to do so.
h.
Contents. RCO's issued pursuant to this subsection shall set forth
the maximum number of persons which may occupy the dwelling unit.
i.
Unlawful Occupancy. It shall be unlawful for the owner or any agent
acting on behalf of the owner to knowingly rent, lease, or otherwise
deliver up for occupancy any dwelling unit for which an RCO has been
issued, to persons in excess of the number(s) of persons permitted
by law to occupy the dwelling unit, as stated in the RCO. It shall
be unlawful for any tenant of a dwelling unit for which an RCO has
been issued to suffer or permit said dwelling unit(s) to be occupied
by persons in excess of the number permitted by law.
j.
Expiration. If a dwelling unit is not occupied within six (6) months
of the issuance of an RCO, the RCO shall expire and a new RCO must
be obtained before occupancy.
k.
Exceptions. This section shall not apply to:
1.
Hotels, rooming houses or motels that are generally occupied by tenants
or guests for less than fourteen (14) successive calendar days;
2.
Any units not intended for human habitation; and/or
3.
New construction for which inspection and a Certificate of Occupancy
is required by the Uniform Construction Code.
l.
Violations and Penalties. Any person convicted of a violation of this subsection shall be subject to the penalties authorized by Chapter 1, Section 1-5 of this Code. Each separate violation shall be considered separate and distinct and subject to underlying penalties. Every day a situation remains in violation of this subsection shall also constitute a separate and distinct violation and subject to individual penalties.
a.
Owner-landlord shall not include mortgagees in possession of a structure
through foreclosure or the Borough of Peapack and Gladstone per se,
if such is in possession of the ownership/management of an applicable
structure.
b.
Second or subsequent violation for an illegal occupancy shall be
limited to those violations that are new and shall not include any
continuing violations for which citations are issued by a Public Officer
or Code Enforcement Officer during the time period required for summary
dispossession proceedings to conclude if the owner/landlord has initiated
eviction proceedings in a court of proper jurisdiction.
In accordance with N.J.S.A. 2A:18-61.1g, any tenant who receives
a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 that results
from zoning or code enforcement activities for illegal occupancy as
set forth in paragraph 3 of subsection g of N.J.S.A. 2A:18-61.1 shall
be considered a displaced person and shall be entitled to relocation
assistance in an amount equal to six (6) times the monthly rental
paid by the displaced person The owner-landlord of the structure shall
be liable for the payment of relocation assistance pursuant to this
section if it can be established that the owner-landlord was aware
of the illegal occupancy yet allowed same to continue prior to the
occurrence of the zoning or code enforcement activities. The Peapack
and Gladstone Joint Municipal Court and the Superior Court of New
Jersey shall have jurisdiction of proceeding for the enforcement of
the penalty provided herein. Irrespective of any other provision of
the Borough Code, the Borough shall not be responsible for paying
any relocation costs regarding the provisions of this section.
In addition to the provisions of subsection 11-8.8.2 herein, the Borough reserves the right to enforce any additional penalties authorized pursuant to N.J.S.A. 2A:18-61.1g(c) as against any owner-landlord charged with a second or subsequent violation for an illegal occupancy as set forth in paragraph 3 of subsection g of N.J.S.A. 2A:18-61.1. Any such fines shall be recovered in a civil action by a summary proceeding in the name of the Borough, pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-10 et seq.). The Peapack and Gladstone Joint Municipal Court and the Superior Court of New Jersey shall have jurisdiction of proceeding for the enforcement of the penalty provided herein. For the purposes of this section, and in accordance with N.J.S.A. 2A:18-61.1g(d), second or subsequent violation for an illegal occupancy shall 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 a second or subsequent violation for an illegal occupancy as set forth in N.J.S.A. 2A:18-61.1g(a).
If any subsection, paragraph, subdivision, clause or provision
of this section shall be adjudged invalid, such adjudication shall
apply only to the section, paragraph, subdivision, clause or provision
so adjudged and the remainder of the section shall be deemed valid
and effective.
All ordinances or parts of ordinances inconsistent with or in
conflict with this section are hereby repealed to the extent of such
inconsistency.
This Ordinance No. 2017-1029 codified as Section 11-8 shall take effect immediately upon: (i) adoption; and (ii) publication in accordance with the laws of the State of New Jersey.
