[Ord. No. 20-76]
There is hereby established in the Borough a State Uniform Construction
Code enforcing agency to be known as the Code Enforcement 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. The Construction Official shall be the chief administrator of
the enforcing agency.
[Ord. No. 20-76]
Each official position created in subsection
12-1.1, 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.
[Ord. No. 20-76]
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.
[Ord. No. 20-76]
The Code Enforcement Agency shall be located at 18-20 Main Street,
Keyport, N.J. during regular business hours of the municipal offices.
[Ord. No. 9-83; Ord. No. 32-89]
The Construction Official shall maintain regular office hours
as established by the Mayor and Council.
[Ord. No. 20-76; Ord. No. 20-85; Ord. No.
8-86; Ord. No. 4-90; Ord. No. 10-92; Ord. No. 9-98; Ord. No. 11-99; Ord. No. 10-02; Ord. No. 4-10; Ord. No.
7-10; Ord. No. 17-10; Ord. No. 1-11; 9-2-2014 by Ord. No. 10-14]
The Mayor and Council, adjoining, hereby declare that in order to promote interlocal service agreements between joining municipalities, revisions to Chapter
12, Building and Housing, are necessary to establish certain uniform fees. Therefore, the Mayor and Council in furtherance of the within intent, hereby declare the following fees appropriate to the Borough of Keyport:
SCHEDULE A
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BUILDING SUBCODE FEES
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Building Subcode minimum fee
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$55
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The fee to be charged for a construction permit will be the
sum of the basic construction fee plus all applicable special fees,
such as sign or elevator. This fee shall be paid before a permit is
issued.
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NO PERMIT WILL BE ISSUED IF ANY FEES ARE OWED THE BOROUGH OF
KEYPORT, SUCH AS TAXES, WATER AND SEWER FEES.
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1.
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New construction.
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a.
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Fees for new construction shall be based upon the volume of
the structure. The new construction fee shall be in the amount of
$0.040 per cubic foot of structure volume for buildings and structures
of all use groups and types of construction (minimum fee: $55)
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b.
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State training fees for new building:
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$0.00334 per cubic foot of volume
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c.
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C.O. fees:
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10% of total of permit fees (minimum fee: $75)
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d.
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Prototype: less 20% of all subcode fees
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e.
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Update/as built: 20% all fees
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2.
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Additions.
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a.
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Per cubic foot of volume: $0.040 of structure volume (minimum
fee: $50)
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b.
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Minimum fee
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$55
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c.
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State training fee
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$0.00334
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d.
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C.O. fees: 10% of the total of permit fees (minimum fee: $75)
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3.
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Renovations, alterations, repairs, decks, porches, fireplaces,
enclosures.
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a.
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Per $1,000 of estimated costs,
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(1)
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Residential
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$25
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(2)
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Commercial
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$35
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b.
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Minimum fee
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$55
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c.
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State alteration fee (per $1,000 of costs)
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$0.00170
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d.
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C.A.
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No fee
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e.
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For a combination of renovation and additions to fees for each
shall be added to total
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f.
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Retaining walls over 4 feet
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$25 per $1,000 of estimated cost
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4.
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Pools.
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a.
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$0.004 times (X) gallons of water
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b.
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Minimum fee
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$50
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c.
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State alteration fee
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$0.00170
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d.
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(intentionally omitted)
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e.
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Aboveground
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$50
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(1)
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C.O.
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$25
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f.
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Inground R 3/5
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$300
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(1)
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C.O.
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$75
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5.
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Fences and sheds.
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a.
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Fee
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$50 (each)
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b.
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State alteration fee
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$0.00170
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c.
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C.A.
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No fee
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6.
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Re-roof, siding (residential)
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a.
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Minimum fee
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$50
$25 per $1,000 of estimated cost
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b.
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State alteration fee
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$0.00170
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c.
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C.A.
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No fee
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7.
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Re-roof, siding (commercial)
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a.
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Minimum fee
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$50
$35 per $1,000 of estimated cost
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b.
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Minimum fee
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$15
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c.
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State alteration fee
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$0.00170
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d.
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C.A.
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No fee
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8.
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Satellite dish.
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a.
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Per $1,000 estimated cost
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$25
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b.
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Minimum fee
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$50
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c.
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State alteration fee
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$0.00170
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d.
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C.A.
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No fee
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9.
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Signs.
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a.
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Per square foot surface area, computed on 1 side only for double-face
sign
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$3 per square foot (all sites and types)
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b.
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Minimum fee
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$50
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c.
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State alteration fee
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$0.00170
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d.
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C.A.
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No fee
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10.
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Demolition
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a.
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Residential
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$200
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b.
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Accessory structure
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$50
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c.
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All other use groups
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(1)
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Minimum fee: $750, $25 per $1,000 of estimated cost (up to 5,000
square feet)
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(2)
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Minimum fee: $1,000, $25 per $1,000 of estimated cost (over
5,000 square feet)
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d.
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C.A.
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No fee
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e.
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Temporary trailer
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$150 plus $50 C.O. fee
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11.
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Radon mitigation.
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a.
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Building fee, minimum
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$50
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b.
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Electrical fee, minimum
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$50
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c.
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State alteration fee
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$0.00170
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12.
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Asbestos removal.
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a.
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Permit fee
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$100
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13.
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Relocation.
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The permit fee for the removal of a building or structure from
1 lot to another or to a new location on the same lot shall be $25
per $1,000 of the sum of the estimated cost of moving, for new foundations
and for the placement in a completed condition in the new location,
provided that the minimum fee shall be $50
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14.
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Tanks.
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Removal/fill-building — No OCA charged (U-649 Demo)
Install tank — see Fire section
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Removal/fill (each)
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$50
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15.
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Elevators
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a.
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The fee for plan review for elevator devices in structures in
Use Groups R-3, R-4 and for elevator devices wholly within dwelling
units in R-2 structures shall be $50 for each device
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b.
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The fee for plan review for elevator devices in structures other
than R-3, R-4 and devices in R-2 exempted by a. above shall be $260
for each device
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The minimum for electrical inspection fee is:
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$55
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SERVICE EQUIPMENT — Terms include: service panel, service
entrance conductors, subpanel
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Greater than 0 amp or less than or equal to 100 amps
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$45
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Greater than 100 amps or less than or equal to 200 amps
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$75
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Greater than 200 amps or less than or equal to 300 amps
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$110
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Greater than 300 amps or less than or equal to 400 amps
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$125
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Greater than 400 amps or less than or equal to 1,000 amps
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$457
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Greater than 1,000 amps or less than or equal to 1,500 amps
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$600
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Greater than 1,500 amps
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$600 plus $25 per 100 amps
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Temporary service (pole) with 1 receptacle
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$100
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Temporary service (pole) with more than 1 to 6 receptacles or
devices
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$130
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Temporary service to construction 1 trailer
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$150
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(1)
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C.O.
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$50
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Each additional trailer of same service
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$45
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SCHEDULE B
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ELECTRICAL SUBCODE FEES
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The fees for a permit to install electrical equipment or electrical
devices under UCC Electrical Subcode:
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Electrical Subcode minimum fees
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$55
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RESIDENTIAL — SINGLE- AND TWO-FAMILY HOMES
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From 1 to 5 receptacles, switches or fixtures
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$30
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6 through 25 receptacles, switches or fixtures, an
additional
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$50
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26 through 50 receptacles, switches or fixtures,
an additional
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$25
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For each additional 25 receptacles, switches or fixtures,
an additional
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$50
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Special Devices
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1 through 5 devices
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$50
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For each additional device, an additional
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$10
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Electrical Heat
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1 to 5 units
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$45
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For each, additional unit
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An additional $10 each
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COMMERCIAL/INDUSTRIAL
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Devices
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1 through 20 devices
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$100
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21 through 50 devices
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An additional $100
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For each additional 25 devices
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An additional $50
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Special Devices (e.g., motors, generators, transfer, cooking,
air-conditioning, signs and protective systems)
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1 to 5 devices
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$100
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For each additional device
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An additional $50 each
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MOTORS AND ELECTRICAL DEVICES
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Greater than 1 HP to 10 HP
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$75
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Greater than 10 HP to 50 HP
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$100
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Greater than 50 HP to 100 HP
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$200
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Greater than 100 HP
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$750
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TRANSFORMERS AND GENERATORS/SOLAR PANELS
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Greater than 1 kW to 10 kW
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$75
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Greater than 10 kW to 45 kW
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$100
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Greater than 45 kW to 112.5 kW
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$200
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Greater than 112.5 kW
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$750
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CONNECTION POINTS (alarm devices, telephone/computer)
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1- and 2-Family
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1 to 25 points
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$50
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26 to 100 points
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$100
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100 or more points
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$150
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Commercial/Industrial
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1 to 25 points
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$100
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26 to 100 points
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$250
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100 or more points
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$500
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SERVICES — Includes All Subpanels 60 AMP
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$50
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100 to 200 services
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$110
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201 to 499 services
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$200
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500 to 999 services
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$500
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1,000 and above services
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$750
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Each additional meter
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$75
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Re-institute service
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$100
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Scheduled overtime inspection fee
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$200 above standard fee
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Notes:
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Actual nameplate kilowatt, horsepower rating must
be noted on the application to ensure no delay in permit issuance.
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No permit for a service change or service upgrade
will be issued unless GPU work request (WR) "R" number as outlined
in GPU application for service is submitted with application for permit.
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ELECTRICAL SUBCODE FEES
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Air-conditioner unit (each), under 3 tons
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$25
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Air-conditioner unit (each), 3 to 6 tons
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$45
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Air-conditioner unit (each), over 6 tons
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$45 plus 3.54 times (x) tons
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Air-conditioner, replacement feed to subpanel
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$45
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Air-conditioner, replacement feed
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$45
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Attic fan
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$15
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Bonding
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$20
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Burglar alarm panel
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$35
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Cable outlets, 1 to 5
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$10
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Cable outlets, 6 plus (each)
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$3
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Central heat, gas and oil
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$35
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Combination burglar/fire alarm panel
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$35
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Commercial exhaust, plus HP
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$25
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Commercial suppression system
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$75
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Control panel, each
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$50
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Cook top unit
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$25
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Dishwasher
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$25
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Door bell/chime and transformer, each
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$5
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Dryer
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$25
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Electrical valves, each
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$5
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Fire alarm panel
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$35
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Floor case cooler/freezer, self-contained
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$0
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Floor case cooler/freezer, split system
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$45
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Garbage disposal unit
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$7
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Hard-wired smoke detectors, 1 to 5
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$25
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Hard-wired smoke detectors, 6 plus (each)
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$3
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Heat pumps, plus HP and kW
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$25
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Hot tubs, plus HP and kW
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$25
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Hot water heater
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$20
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Intercom panel
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$35
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Intercom/CRT devices, 1 to 25
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$10
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Intercom/CRT devices for each additional 25
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$10
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Jacuzzi, plus HP and kW
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$25
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Kitchen exhaust, commercial, plus HP
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$25
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Light standards, 1 to 5 plus trench inspection
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$55
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Light standards, 6 plus (each), plus trench inspection
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$5
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Load management devices (each):
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$45
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Magnetic starter/2 of hp, with motors
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Magnetic starter, same as motor HP
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Microwave
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$20
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New subpanel only, same as service size
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Oven
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$25
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Paddle fan (each)
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$25
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Panel change only, same as new service size
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Public swimming pool annual inspection
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$50
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Radon exhaust
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$25
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Range, residential
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$25
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Range, commercial, plus kW
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$25
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Refrigeration unit (each), under 3 tons
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$25
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Refrigeration unit (each), 3 to 6 tons
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$45
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Refrigeration unit (each), over 6 tons
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$45 plus 3.45 times (x) tons
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Residential exhaust system (each)
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$5
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Sauna, plus HP and kW
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$25
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Sign, plus feed to sign and auto control device
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$25
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Surface cooking unit
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$20
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Swimming pool air blower motor, per HP
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Swimming pool bonding
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$20
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Swimming pool light (each)
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$5
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Swimming pool subpanel with timer
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$35
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Aboveground pool/hot tubs/spas
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$75
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Inground pool
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$150
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Thermostats (each)
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$5
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Timer for electrical hot water heater
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$25
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Timer on photo cell
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$35
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Trench inspection
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$5
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Water boiler-furnace (replacement only)
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$35
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Walk-in cooler/freezer split system
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$50
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Water boiler-furnace (replacement only)
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$35
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Whirlpool/spa, plus HP and kW
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$45
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1 ton refrigeration= 3.54 kW
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Example: 12 tons: 12 x 3.54 = 42.48 kW
$46 + $46 for 10 to 45 kW = $92
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Example: 15 tons: 15x3.54 = 53.1 kW
$46 + $92 for 112.5 kW = $138
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SCHEDULE C
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FIRE SUBCODE FEES
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The fees for a permit to install items under UCC Fire Subcode
shall be as follows:
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Fire protection subcode minimum fee shall be:
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$55
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1.
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Commercial kitchen exhaust equipment, mechanical systems for
all use groups
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The fee shall be computed at $25 per $1,000 construction cost
(minimum fee $55)
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2.
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Crematorium (each)
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$350
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3.
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Diesel tanks and pumps
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Same rate as gasoline
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4.
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Fire alarm device changes
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$15 per device
(minimum fee $75)
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5.
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Fire alarm panel, commercial
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$80
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6.
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Fire alarm panel, residential
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$45
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7.
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Fire pump insulation (each)
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$250
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8.
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Flammable and combustible liquid storage tanks under 2,000 gallons
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$75
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9.
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Flammable and combustible liquid storage tanks
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(1)
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Over 2,000 to 4,999 gallons
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$100
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(2)
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At least 5,000 and less than 10,000 gallons
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$160
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10.
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Flammable and combustible liquid storage tanks, 10,000 and over
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$200 plus $10 per thousand gallons or a fraction thereof
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11.
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Flow valves, flow devices (each)
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$30
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12.
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Gas or oil fired appliance that is not connected to the plumbing
system (each)
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$50
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13.
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Gasoline service station, 3 gasoline tanks to 10,000 gallons
each and 6 gasoline pumps
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$300
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14.
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Each additional gasoline tank to 10,000 gallons installed at
the same time
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$60
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15.
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Each additional gasoline pump installed at same time
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$25
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16.
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Horn/horn strobe/strobe (each)
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$10
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17.
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Incinerator (each)
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$350
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18.
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Knob box
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$30
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19.
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L.N.G. storage tanks, under 2,000 gallons
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$80
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20.
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L.N.G. storage tanks, 2,000 gallons or more
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$160
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21.
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L.N.G. storage tanks, under 2,000# liquid
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$80
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22.
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L.N.G. storage tanks, 2,000# to 4,000# liquid
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$160
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23.
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Pull station (each)
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$15
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24.
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Smoke control system (each)
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$160
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25.
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Smoke detectors in supply or return air ducts (each)
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$25
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26.
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In computing fee for sprinkler and detector, the number of each
shall be counted separately and 2 fees, one for sprinklers and one
for detectors, shall be charged
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27.
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Independent pre-engineered sprinkler system: carbon dioxide,
halon, foam suppression, dry chemical, wet chemical (each)
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$80
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28.
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Sprinkler or detector 20 or fewer units
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$80
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29.
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Sprinkler or detector, 21 to 100 units
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$160
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30.
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Sprinkler or detector, 101 to 200 units
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$260
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31.
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Sprinkler or detector, 201 to 400 units
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$775
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32.
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Sandpipes, fire suppression system or special fire suppression
systems
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$30 per $1,000 of estimated cost
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33.
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Tanks for gasoline, oil, fuel, liquefied petroleum gas, gas,
chemical or miscellaneous storage tanks up to 550 U.S. gallons
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$65
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34.
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Tanks over 550 to 2,500 U.S. gallons
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$125
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35.
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Tanks over 2,500 US gallons, per 1,000 U.S. gallons
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$500
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36.
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Trench or tank(s) opening inspection
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$65
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37.
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Underground fire mains
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$150
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38.
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Waste oil tanks, under 10,000 gallons
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$250
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39.
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Wood stoves, prefabricated fireplaces, masonry fireplaces, gas
fireplaces, or alternative heating devices and components
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Fee shall be computed at $25 per $1,000 construction cost
(minimum fee $45)
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RESIDENTIAL SPRINKLERS AND DETECTORS
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40.
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Detector, 1 to 5
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$25
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41.
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Detector, 6 plus (each)
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$2
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42.
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Sprinklers, limited area, 1 to 5
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$45
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43.
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Sprinklers, not limited area, 6 plus (each)
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$2
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44.
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Sprinklers, not limited area, same as commercial
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SCHEDULE D
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PLUMBING SUBCODE FEES
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The fees for a permit to install, inspect or replace plumbing
fixtures or equipment under UCC Plumbing Subcode are as follows:
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1.
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For the installation, including replacement of plumbing futures,
the fee shall be
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A minimum of $50 for residential and $75 for all others
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2.
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Each plumbing fixture shall be computed at the rate of
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$20
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3.
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Air-conditioning, refrigeration, freezer system unit (HVAC)
(each)
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$60
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4.
|
Backflow device and/or preventor under 1 inch (each)
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$20
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5.
|
Backflow device and/or preventor 1 inch and above (each)
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$65
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a.
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Annual inspection fee (each)
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$65
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(1)
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Such inspection fee shall be payable and due on June 1 of each
year
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6.
|
Bathtub
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$20 (residential)
$45 (other)
|
7.
|
Commercial boiler/furnace (each)
|
$75 (residential)
$100 (other)
|
8.
|
LP gas tank
|
$50 (residential)
$75 (other)
|
9.
|
Commercial washing machine (each)
|
$75
|
10.
|
Condensater drain, per unit or item
|
$20 (residential)
$45 (other)
|
11.
|
Direct connection (each)
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$15 (residential)
$30 (other)
|
12.
|
Domestic boiler/furnace (each)
|
$75 (residential)
$100 (other)
|
13.
|
Dishwasher (each)
|
$20 (residential)
$45 (other)
|
14.
|
Domestic washing machine outlet
|
$20 (residential)
$45 (other)
|
15.
|
Drinking fountain (each)
|
$15 (residential)
$30 (other)
|
16.
|
Floor drain (each)
|
$15 (residential)
$30 (other)
|
17.
|
Fuel oil piping system for heating system
|
$60 (residential)
$100 (other)
|
18.
|
Fuel oil piping system
|
$60 (residential)
$100 (other)
|
19.
|
Garbage disposal unit (each)
|
$20 (residential)
$45 (other)
|
20.
|
Gas appliance (each)
|
$15 (residential)
$30 (other)
|
21.
|
Gas piping systems
|
$60 (residential)
$100 (other)
|
22.
|
Gas piping system for heating system
|
$60 (residential)
$100 (other)
|
23.
|
Grease trap (each)
|
$60 (residential)
$100 (other)
|
24.
|
Hose bibs (each)
|
$20 (residential)
$45 (other)
|
25.
|
Hot tubs, drain to city sewer
|
$75 (residential)
$100 (other)
|
26.
|
Hot tubs, without drain to city sewer
|
$25
|
27.
|
Hot water heating (each)
|
$50 (residential)
$100 (other)
|
28.
|
Hot water heater, replacement only
|
$20
|
29.
|
Interceptor (each)
|
$75
|
30.
|
Jacuzzi
|
$50 (residential)
$75 (other)
|
31.
|
Lawn sprinkler system (each)
|
$75 (residential)
$100 (other)
|
32.
|
Oil separators (each)
|
$75
|
33.
|
Reduced pressure backflow device (each)
|
$50 (residential)
$75 (other)
|
34.
|
(Reserved)
|
|
35.
|
Replacement heating unit
|
$50 (residential)
$75 (other)
|
36.
|
Radon piping
|
$50 (residential)
$75 (other)
|
37.
|
Sewer connection (each)
|
$75 (residential)
$125 (other)
|
38.
|
Sewer ejector (each)
|
$50 (residential)
$75 (other)
|
39.
|
Sewer pump (each)
|
$50 (residential)
$75 (other)
|
40.
|
Shower (each)
|
$20 (residential)
$45 (other)
|
41.
|
Sink/lavatory (each)
|
$20 (residential)
$45 (other)
|
42.
|
Steam boiler, 50 HP and over
|
$100
|
43.
|
Steam boiler, under 50 HP
|
$75 (residential)
$75 (other)
|
44.
|
Sump pump connection (each)
|
$50 (residential)
$75 (other)
|
45.
|
Trench inspection only
|
$50 (residential)
$75 (other)
|
46.
|
Urinal/bidet (each)
|
$20 (residential)
$45 (other)
|
47.
|
Vent stack (each)
|
$20 (residential)
$45 (other)
|
48.
|
Water closet (each)
|
$20 (residential)
$45 (other)
|
49.
|
Water filter system (each)
|
$35 (residential)
$75 (other)
|
|
a.
|
Waterline (refrigerator)
|
$15 (residential)
$30 (other)
|
50.
|
Water service connection from curb box to water meter
|
$75 (residential)
$125 (other)
|
51.
|
Water utility septic connection (each)
|
$75 (residential)
$125 (other)
|
52.
|
Sewer cap
|
$75 (residential)
$100 (other)
|
53.
|
Water cap
|
$75 (residential)
$100 (other)
|
54.
|
AC coil
|
$50 (residential)
$75 (other)
|
55.
|
AC condenser
|
$50 (residential)
$75 (other)
|
56.
|
Gas/oil unit heater
|
$50 (residential)
$75 (other)
|
57.
|
Water cooled AC
|
$50 (residential)
$75 (other)
|
58.
|
Sewer backwater valve
|
$50 (residential)
$75 (other)
|
SCHEDULE E
|
---|
MECHANICAL SUBCODE FEES
|
---|
The fees for a permit relative to the inspection of mechanical
equipment under UCC shall be as follows:
|
The minimum fee:
|
$50
|
The fee for inspection of mechanical equipment in Use Groups
R-3 and R-4 shall be $40 for the first appliance and $40 for each
additional appliance.
|
NOTE: This flat fee includes all costs associated with the incidental
connections and extensions of associated gas, fuel oil and/or domestic
water relating to the specific appliance.
|
This does not exclude the requirement for an electrical permit,
if needed.
|
Plus, all State of New Jersey fees.
|
[Ord. No. 20-76]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Mayor and Council bi-annually,
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. 20-76; Ord. No. 4-90; Ord. No.
10-92]
In order to provide for the training, certification, and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the enforcing agency shall collect in addition to
the fees specified above, a surcharge fee of $0.00334 per cubic foot
volume of new buildings and additions. Volume shall be computed in
accordance with N.J.A.C. 5:23-2.28. The fee for all other construction
shall be $1.70 per $1,000 of value of construction. The surcharge
fee shall be remitted to the Department of Community Affairs, on a
quarterly basis for the fiscal quarter ending September 30, December
31, March 31 and June 30, and no later than one month next succeeding
the end of the quarter for which it is due. In the fiscal year in
which the Regulations first become effective the fee shall be collected
and remitted for the third and fourth quarters only. [N.J.A.C. 5:23-4.19.]
The enforcing agency shall report annually at the end of each
fiscal year to the Bureau of Housing Inspection, and not later than
July 31, the total amount of the surcharge fee collected in the fiscal
year. In the fiscal year in which the Regulations first become effective,
the report shall be for the third and fourth quarters only.
[Ord. No. 20-76]
The Construction Official shall prepare and submit to the Mayor
and Council biannually, a report re-evaluating the delineation of
the fire limits. This report shall indicate the recommendations of
the Construction Official, the Building Subcode Official, and the
Fire Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[Ord. No. 37-92]
All elevators, dumb-waiters and similar devices in any structure
in the Borough of Keyport shall be inspected on an annual basis or
as required by law by an inspector duly licensed by the State of New
Jersey. Application shall be made at the office of the Construction
Official, accompanied by a fee as listed below payable to the Borough
of Keyport.
The fees are as listed in the New Jersey Uniform Construction
Code Act, Subchapter 12, Elevator Safety Subcode, N.J.A.C. 5:23-12,
to which must be added an administrative fee of 15% of the total scheduled
fee for the Borough's administrative costs and a fee of $50 for
a certificate of approval or a certificate of compliance for each
unit.
Elevator Inspection Fees
|
---|
Witnessing Acceptance Test Fees
|
Traction and winding drum elevators
|
|
1 thru 10 floors
|
$225
|
Over 10 floors
|
$375
|
Hydraulic elevators
|
$200
|
Roped hydraulic elevators
|
$225
|
Escalators and moving walks
|
$200
|
Dumbwaiters
|
$50
|
Stairway chairlifts, inclined and vertical wheelchair lifts
and manlifts
|
$50
|
Additional Fees for Devices Equipped With:
|
Oil buffers (per oil buffer)
|
$40
|
Counterweight governor and safeties
|
$100
|
Auxiliary power generator
|
$75
|
Semiannual Routine Inspections (fee per unit)
|
Traction and winding drum elevators
|
|
1 thru 10 floors
|
$140
|
Over 10 floors
|
$180
|
Hydraulic elevators
|
$100
|
Roped hydraulic elevators
|
$140
|
Escalators and moving walks
|
$140
|
Annual Inspections and Witnessing of Tests
|
Traction and winding drum elevators
|
|
1 thru 10 floors
|
$200
|
Over 10 floors
|
$240
|
Hydraulic elevators
|
$150
|
Roped hydraulic elevators
|
$200
|
Escalators and moving walks
|
$320
|
Dumbwaiters
|
$80
|
Stairway chairlifts, inclined and vertical wheelchair lifts
and manlifts
|
$120
|
[Added 7-19-2016 by Ord.
No. 15-16]
The Mayor and Council may, by adoption of a resolution, waive
any and all fees under this Chapter XII for any construction, reconstruction,
alteration or improvement designed and undertaken solely to promote
accessibility by a disabled person to an existing public or private
structure or any facilities contained therein in accordance with the
terms and conditions of N.J.S.A. 52:27D-126e.
[Ord. No. 486; 1972 Code
§ 12-2.1; Ord. No. 22-00]
There is hereby adopted by the Borough for the purpose of protecting the public health, safety and welfare in buildings used for dwelling purposes, that code entitled BOCA National Property Maintenance Code of 1996, as published and promulgated by the Building Officials Conference of America, Inc., except such portions as are hereafter deleted, modified or amended by subsection
12-2.3 and
12-4.3 a copy of which has been and is now filed in the office of the Borough Clerk, and the same are hereby adopted and made a part of this section as fully as if set out at length herein.
[Ord. No. 15-74; 1972 Code
§ 12-2.3; Ord. No. 16-76; Ord. No. 4-90; Ord. No. 22-00; Ord. No. 8-10; Ord. No. 17-10; Ord. No. 1-11]
Except as further provided by subsection
12-4.3, the following provisions of the BOCA National Property Maintenance Code of 1996 are hereby modified, amended, deleted or changed to read as follows, identified thereof being by section number as appearing therein as follows:
a. Section PM-101.1 is amended to read as follows:
Section PM-101.1 Title: These regulations shall
be known as the Property Maintenance Code of the Borough of Keyport
hereinafter referred to as "this Code."
b. Section PM-105.1 is hereby amended and supplemented
to read as follows:
PM-105.1 General: The Code Enforcement Officer
(herein "Code Official") shall enforce all applicable provisions of
this Code, as indicated herein. The Code Official is charged with
the responsibility of making necessary inspections for the issuance
of occupancy permits as hereinafter provided.
c. Section PM-105.12 is hereby added to Section PM-105.0,
and is to read as follows:
Section PM-105.12 Certificate of Occupancy Requirement: No owner shall occupy or let an occupant, nor shall any person lease
or occupy, any vacant dwelling, lodging or commercial unit unless
a Certificate of Occupancy, which certifies that the unit is fit for
human habitation as set forth in this Code, shall first be obtained
from the Code Official. Application forms for a Certificate of Occupancy
shall be prepared by the Borough and made publicly available at the
office of the Code Official. Upon filing an application, an applicant
shall pay a non-refundable application fee of $75 for a dwelling or
lodging unit or for a commercial unit, to the Borough to cover the
cost of inspection. If the application is rejected, one reinspection
shall be provided with no additional fee. However, if a third inspection
is required, a new application fee of same amount shall be payable
prior to reinspection of the premises. The Code Official shall make
such inspections within 10 business days after the request therefor,
or as soon as reasonably possible thereafter.
If it is necessary to perform the function of inspection in
an expedited manner, the following fee schedule shall apply:
$155 Certificate of Occupancy to be performed between four and
10 days from the date of the application.
$210 Certificate of Occupancy to be performed less than four
days from the date of the application.
d. Section PM-106.2 is revised to read as follows:
Section PM-106.2 Penalty: Any person who shall violate a provision of this Code shall, upon conviction, be subject to the General Penalty Provision set forth in §
1-5 of the Revised General Ordinances of the Borough of Keyport.
[Ord. No. 2-74; 1972 Code
§ 12-3.1]
It is hereby found and declared that the existence or occupation
of any building or part thereof, in the Borough which is so old, dilapidated
or has become so out of repair as to be dangerous, unsafe, unsanitary
or otherwise unfit for human habitation, occupancy or use, is inimical
to the welfare and dangerous and injurious to the health and safety
of the people of the Borough, and that a public necessity exists for
the repair, closing or demolition of such building or part thereof.
It is hereby found that there exist in the Borough buildings, which
are unfit for human habitation, occupancy or use, due to dilapidation
defects increasing the hazards of fire, accidents, or other calamities;
lack of ventilation; lack of sanitary facilities; or other conditions
rendering such buildings, or part thereof, unsafe or unsanitary, or
dangerous or detrimental to the safety or otherwise inimical to the
welfare of the residents of the Borough and as to which the Borough
has the power, pursuant to N.J.S.A. 40:48-2.3, et seq., to exercise
its police powers to repair, close or demolish, or cause or require
the repairing, closing or demolition of such buildings, or part thereof,
in the manner herein provided.
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's
office is hereby accepted, adopted established as a standard to be
used as a guide in determining whether dwellings in this Municipality
are safe, sanitary and fit for human habitation and rental. A copy
of the New Jersey State Housing Code is annexed to this section and
three copies have been placed on file in the office of the Borough
Clerk and are available for the use and examination of the public.
[Ord. No. 359; 1972 Code
§ 12-3.2]
As used in this section:
BUILDING
Any building or structure, or part thereof, whether used
for human habitation or otherwise, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
A building or portion thereof providing living facilities
for one or more persons.
OWNER
The holder of the title in fee simple.
PARTIES IN INTEREST
All individuals, associations and corporations who have interests
of record in a building and any who are in actual possession thereof.
PUBLIC AUTHORITY
Any housing authority or any officer who is in charge of
any department or branch of the government of the Borough, relating
to health, fire, building regulations, or to other activities concerning
buildings in the Borough.
PUBLIC OFFICER
The officer who is authorized by this Chapter to exercise
the powers prescribed for him.
[Ord. No. 359; 1972 Code
§ 12-3.3; Ord. No. 21-00]
The Public Official shall be the Code Enforcement Officer of
the Borough, who shall exercise the powers prescribed by this section.
[Ord. No. 359; 1972 Code
§ 12-3.4; Ord. No. 14-80]
Whenever a petition is filed with the Public Officer by a public
authority or by at least five residents of the Borough charging that
any building is unfit for human habitation or occupancy or use, or
whenever it appears to the public officer on his own motion that any
building 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 days nor more than 30 days after the serving
of the complaint, and 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 the
courts shall not be controlling in hearings before the Public Officer.
[Ord. No. 359; 1972 Code
§ 12-3.5]
If the Public Officer determines after such notice and hearing
that the building under consideration is 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 owner thereof and parties in interest, an order as follows:
a. Requiring the repair, alteration or improvement of
the 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 the building vacated and closed within the time
set forth in the order; and
b. If the building is in such a condition as to make it
dangerous to the health and safety of persons on or near the premises
and the owner fails to repair, alter or improve the building within
the time specified in the order, then the owner shall be required
to remove or demolish the building within a reasonable time as specified
in the order of removal.
[Ord. No. 359; 1972 Code
§ 12-3.6; Ord. No. 14-80]
a. 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 Public Officer may cause such building to be repaired,
altered or improved or to be vacated and closed; provided that the
Public Officer shall not incur any expense to repair, alter or improve
any building without the approval by resolution of the Borough Council.
The Public Officer 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 or occupancy or use; the use or occupation
of this building is prohibited and unlawful".
b. If the owner fails to comply with an order to remove
or demolish the building, the Public Officer may cause such building
to be removed or demolished, subject to the approval by resolution
of the Borough Council, or may contract for the removal or demolition
thereof, subject to the approval of such contract by the Borough Council,
after advertisement for, and receipt of, bids therefor.
c. The amount of:
1. The cost of the filing of legal papers, expert witnesses'
fees, search fees and advertising charges, incurred in the course
of any proceeding taken under this section, determined in favor of
the Borough, and
2. Such cost of such repairs, alterations or improvements,
or vacating and closing, or removal and demolition, if any, or
3. The amount of the balance thereof remaining after deduction
of the sum, if any, realized from the sale of materials derived from
such building or from any contract for removal or demolition thereof,
shall be a municipal lien against the real property upon which such
cost was incurred. If the building is removed or demolished by the
Public Officer, he shall sell the materials of such building. There
shall be credited against the cost of the removal or demolition thereof
including the clearance and, if necessary, leveling of the site, the
proceeds of any sale of such materials or any sum derived from any
contract for the removal or demolition of the building. If there are
no such credits or if the sum total of such costs exceeds the total
of such credits, a detailed statement of the aforesaid costs and the
amount so due shall be filed with the Municipal Tax Assessor or other
custodian of the records of tax liens and a copy thereof shall be
forthwith forwarded to the owner by registered mail. If the total
of the credits exceeds such costs, the balance remaining shall be
deposited in the Superior Court by the Public Officer, shall be secured
in such manner as may be directed by such court, and shall be disbursed
according to the order or judgment of the court to the persons found
to be entitled thereto by final order or judgment of such court; provided
that 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 authority of the Borough or Construction
Official under the "State Uniform Construction Code Act", P.L. 1975,
C. 217 (C. 52:27D-119 et seq) or any rules or regulations thereunder.
Any owner or party in interest may, within 30 days from the date of
the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or
the accuracy of the costs set forth in the municipal lien certificate.
d. If an actual and immediate danger to life is posed
by the threatened collapse of any fire damaged or other structurally
unsafe building, the Public Officer may, after taking such measures
as may be necessary to make such building temporarily safe, seek a
judgment in summary proceedings for the demolition thereof.
[Ord. No. 359; Ord. No. 2-74; 1972 Code § 12-3.7]
a. The Public Officer may determine that a building is
unfit for human habitation or 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 Borough. Such conditions may 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, uncleanliness.
b. Without in any way limiting the standards and conditions
set forth in paragraph a above, and without in any way requiring that
any one or all of the conditions hereinafter set forth be found in
order to declare a building unfit for human habitation, occupancy
or use, the following are additional standards to guide the public
officer or his agent in determining the fitness of a building for
human habitation or occupancy or use.
1. Those whose interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb-line passing
through the center of gravity falls outside of the middle third of
its base.
2. Those which, exclusive of the foundation, show 33%
or more of damage, disrepair or deterioration of the supporting member
or members, or 50% of damage, disrepair or deterioration of the nonsupporting
enclosing or outside walls or covering.
3. Those who have improperly distributed loads upon the
floors or roofs or in which the same are overloaded, or which have
insufficient strength to be reasonably safe for the purpose used.
4. Those structures and every part thereof which are not
maintained in good repair by the owner or agent and fit for human
habitation, also where the roof is not maintained so as not to leak
and where all rainwater is not properly drained and conveyed therefrom
so as not to cause dampness in the wall or ceilings on the interior
or exterior.
5. Those structures which are not maintained in proper
repair so as to give adequate protection from the elements and those
structures where the windows and doors do not fit properly and where
all exterior wood surfaces are not protected from the elements and
decay by painting or other protective covering.
6. Those dwelling units which lack the following facilities
in good working order:
A sink, flush toilet and bath tub or stall shower supplied by
a sufficient supply of potable running water and connected to the
sanitary sewage disposal system of the Borough or to an approved individual
sewage disposal system according to Chapter 199, P.L. 1954 of New
Jersey.
7. Those which lack permanent, safe and reasonably efficient
kitchen facilities within the dwelling unit, including a sink with
running water and provisions for a cooking stove.
8. Those dwelling units and public hallways which do not
have a safe electric lighting system.
9. Those which lack substantially adequate safe heating
facilities.
10. Those where every habitable room does not contain
a window or windows which open directly to the outside air, and the
total area of such window or windows is less than 10% of the floor
area of such room. Also where the window sash is not glazed and provided
with suitable hardware and is not made to open to the extent of not
less than 5% of the floor area of such room.
11. Those dwelling units not having a separate access
either to a hallway or landing stairway leading to the street.
12. Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
13. Those which are so dilapidated, decayed, unsafe or
unsanitary that they are unfit for human habitation or occupancy or
use, or by reason of structural deficiencies or of continuous dampness
or exposure brought about by neglect or dilapidation are likely to
cause sickness or disease, or may reasonably be presumed to result
in injury to the health, safety and general welfare of those using
the premises.
14. Those dwelling units having rooms with less than 400
cubic feet of air space and 50 square feet of floor space for each
adult and less than 200 cubic feet of air space and 30 square feet
of floor space for each child under the age of 12 years occupying
such room. Any room used for sleeping purposes having less than 60
square feet is also deemed uninhabitable.
15. Those basement dwelling units having rooms with ceiling
height of less than six feet eight inches or whose walls and floors
have not been damp-proofed and waterproofed by an approved method
if in contact with earth.
16. Those whose courts, yards or other areas on the premises
are not properly drained.
17. Those with fences in a dilapidated condition.
18. Those which have been damaged by fire, wind, or other
causes, so as to have become dangerous to life, safety, or the general
health and welfare of the occupants or the people of the Borough.
19. Those whose yards, lawns, courtyards, terraces, porches,
balconies, and accessory buildings are not kept clean and free of
rodent and vermin infestation and rat-proofed according to existing
ordinances.
20. Stores or places of business converted to living purposes
shall conform to the above standards and all show windows shall be
replaced by conventional type home windows which conform to the requirements
of paragraph 10 above.
21. Those buildings existing in violation of any provision
of any ordinance in the Borough relating to health or plumbing codes.
22. The minimum rate of flow of hot or cold water issuing
from a faucet or fixture shall be not less than one gallon per minute
at all times.
23. Rooms that are air-conditioned will not be required
to have screens as per paragraph 12-3.7b, 10.
24. The rental is hereby prohibited of the following areas
within a building to be used or occupied for sleeping purposes: Kitchen,
bathrooms, dining rooms, dens, living rooms, hallways, or closets.
25. Every owner of a dwelling, who permits to be occupied
any dwelling unit or lodging unit therein under any agreement, expressed
or implied, to supply or furnish heat to the occupants thereof, shall
supply heat adequate to maintain therein a minimum inside temperature
of 60° F. in all habitable rooms, bathrooms, and water closet
compartments between the hours of 11:01 p.m. until 5:59 the next morning.
26. Should there be a failure of the heating system where
the owner is required under this code to provide heat, he shall be
required to supply adequate heat, to at least one room in each dwelling
unit affected. Heating repairs shall begin immediately. The use of
the kitchen stove or oven shall not be permitted to comply with this
section of the code.
[Ord. No. 359; 1972 Code
§ 12-3.8]
Notices of 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 any person is unknown
and the same cannot be ascertained by the Public Officer in the exercise
of reasonable diligence, and the Public Officer makes an affidavit
to that effect, then the serving of such complaint or order upon such
person may be made by publishing the same once each week for two successive
weeks in a newspaper printed and published in the Borough. A copy
of such 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 recorded or lodged for record with the
County Clerk of the County of Monmouth.
[Ord. No. 359; 1972 Code
§ 12-3.9]
Any person aggrieved by an order issued by the Public Officer
pursuant to this section may, within 60 days after the posting and
service of such order, avail himself of such remedies as are set forth
in N.J.S.A. 40:48-2.8.
[Ord. No. 359; 1972 Code
§ 12-3.10]
The Public Officer shall be authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section, including the following powers
in addition to others herein granted:
a. To investigate the building conditions in the Borough
in order to determine which buildings therein 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.
The Public Officer shall delegate and fix the duties of such
officers, agents and employees as he deems necessary to assist him
in carrying out the purposes of this section, subject to the confirmation
by resolution of the Borough Council, and may delegate any of his
functions and powers under this section to such officers, agents and
employees as he may designate.
|
[Ord. No. 359; 1972 Code
§ 12-3.11; Ord. No. 32-89]
Any person who violates the provisions of subsection
12-3.6 paragraphs a and b, or who violates an order of the Public Officer, after duly made and promulgated, pursuant to this section, or who interferes with the Public Officer or any other person authorized to exercise the powers of the Public Officer, shall be subject to the General Penalty established in Section
1-5 of this Revision. Such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings provided in this section.
[Ord. No. 359; 1972 Code
§ 12-3.12]
Nothing in this section shall be construed to abrogate or impair
the powers of any department of the Borough to enforce any provisions
of its charter or its ordinances or regulations or to prevent or punish
violations thereof.
[Ord. No. 13-94; Ord. No. 20-98; Ord. No.
22-00; amended 6-14-2016 by Ord. No. 9-16]
The "BOCA National Property Maintenance Code of 1996," as published and promulgated by the Building Officials Conference of America, Inc., a copy of which has been filed with the Borough Clerk, is hereby adopted as the Property Maintenance Code of the Borough of Keyport for the control of buildings and structures as herein provided; and each and all regulations, provisions, penalties, conditions and terms of the BOCA National Property Maintenance Code of 1996 are hereby referred to, adopted and made part thereof, as if fully set out in this section, with the additional insertions, deletions and changes, if any, prescribed in Subsection
12-4.3 of this section. And in addition to the "BOCA National Property Maintenance Code of 1996" and in accordance with the provisions of N.J.S.A. 40:49-5.1, the 2015 International Property Maintenance Code (IPMC), and any subsequent amendments thereto, as published by the International Code Council, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether buildings and structures in the Borough are safe, sanitary and fit for human occupancy, habitation, rental and use. This chapter shall serve to protect the public health, safety and welfare and shall serve to preserve property values by establishing minimum standards governing the maintenance, appearance and condition of residential and nonresidential properties. A copy of the 2015 International Property Maintenance Code is annexed to and made a part of this chapter without the text being included herein.
[Ord. No. 13-94]
Former Section 12-4 of the Borough of Keyport entitled Property
Maintenance Code of the Borough of Keyport, and all other ordinances
or parts of ordinances in conflict herewith are hereby repealed.
[Ord. No. 13-94; Ord. No. 22-00]
The BOCA National Property Maintenance Code of 1996 is further
amended and revised in the following respects:
Section PM-304.12 (page 11, first line). Insert: 1 May to 1
September.
Section PM-602.2.1 (page 17, fifth line). Insert: 1 September
to 1 May.
Section PM-602.3 (page 17, third line). Insert: 1 September
to 1 May.
[Ord. No. 13-94]
That nothing in this section or in the Property Maintenance Code hereby adopted shall be construed to affect any suit or 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 as cited in subsection
12-4.2 of this section; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this section.
[Added 3-20-2018 by Ord.
No. 4-18]
The following violations of the 2015 International Property Maintenance Code, the 1996 BOCA National Property Maintenance Code, both incorporated herein under §
12-4.1, and the Borough of Keyport Code shall be payable at the Violations Bureau of the Keyport Municipal Court unless "Court Appearance Required" has been selected on the summons. These violations shall be payable at $100. If "Court Appearance Required" has been selected, the fee schedule includes a maximum penalty of up to $1,250, at the discretion of the Municipal Court Judge.
a. International Property Maintenance Code 2015:
2. KPM 302.3 Sidewalks and Driveways.
4. KPM 304.2 Protective Treatment.
5. KPM 304.3 Address Identification.
6. KPM 304.7 Roofs and Drainage.
7. KPM 304.14 Insect Screens.
9. KPM 308.1 Accumulation of Rubbish or Garbage.
10. KPM 308.2 Disposal of Rubbish.
11. KPM 308.2.2 Refrigerators.
b. BOCA National Property Maintenance Code 1996:
2. BPM-303.2 Grading and Drainage.
3. BPM-303.83 Sidewalks and Driveways.
5. BPM-304.2 Exterior Painting.
6. BPM-304.3 Street Numbers.
7. BPM-304.15 Insect Screens.
8. BPM-306.1 Accumulation of Rubbish or Garbage.
c. Local codes:
1. Section
4-4, Clear Sight at Intersections.
2. Section
4-5.1, Snow and Ice Removal Required.
3. Section
12-14, Landlord Registration.
4. Section
12-17, Storage Containers.
6. Section
16-5.9, Grass Clippings and Leaves.
7. Section
16-8.3, Yard Waste Collection; Prohibited Conduct.
10. Section 25-1-28(1), Dumpsters and Other Containers.
[Ord. No. 206; 1972 Code
§ 7-11.1]
No person shall erect, improve, alter or extend any wharf, pier,
bulkhead, dock, slip, basin, docking facility, harbor and harbor structure,
in and along the waterfront within the territorial limits of the Borough,
without securing a license and permit therefor as hereinafter provided.
[Ord. No. 206; 1972 Code
§ 7-11.2]
Any person desiring to construct, alter, improve, or extend
any wharf, pier, dock, bulkhead or other building in the nature thereof,
harbor structure and shipping and docking facility shall make written
application to the Mayor and Borough Council therefor, stating the
nature and extent of the intended construction, alteration, improvement
or extension and shall file with such application, full and complete
plans and specifications thereof, and shall also produce his deeds,
leases or other evidence of title, or right of possession.
The Mayor and Borough Council shall give notice of the time
and place of public hearing of such application to all persons interested
by advertisement in two newspapers of general circulation in the Borough,
for two successive weeks at least one in each week and by posting
such notice upon the lands or premises mentioned in the application.
After such hearing the Mayor and Council shall by resolution,
grant or deny the application, to all persons interested, by advertisement
in two newspapers of general circulation in the Borough for two successive
weeks at least once in each week, and by posting such notice upon
lands or premises mentioned in the application. After such hearing
the Mayor and Council shall by resolution grant or deny the application
and approve or disapprove the plans and specifications filed therewith
and if it grant the same and approve the plans and specifications,
shall in its resolution, direct a license or permit to be issued therefor.
All such licenses or permits shall be recorded in a book to be kept
for the purpose and no such license or permit shall be unreasonably
withheld by the governing body.
[Ord. No. 206; 1972 Code
§ 7-11.3]
Any such wharf, pier, dock, bulkhead, building, harbor or other
structure, constructed, altered, improved or extended within the limits
of any Municipality beyond low water mark, without a license or order
of court first obtained therefor, shall be deemed and taken to be
a public or common nuisance and the person causing the same to be
so constructed, altered, improved or extended without a license, shall
be guilty of maintaining a nuisance, and upon conviction, the court
may, by its order, direct either the defendant or the Sheriff of the
County, at the expense of the defendant, to abate the nuisance.
Every such license or permit or order granted or made for the
construction, alteration, improvement or extension of any such wharf,
pier, or other like structure, beyond low water mark of the waterway,
or any harbor structure, shall become and be absolutely void, unless
work thereunder shall be commenced within six months after the date
thereof and diligently prosecuted to completion.
[Ord. No. 206; 1972 Code
§ 7-11.4]
a. The owner or lessee of any private wharf, pier, and
bulkhead within the Borough shall at all times keep and maintain the
adjoining dock clean and free from obstructions.
The Borough may, upon default for 30 days after service of notice
upon any owner or lessee cause the dock to be cleaned and freed from
obstructions and apportion the cost thereof among the owners and lessees
of the wharf, pier and bulkhead adjoining the dock in proportion to
the extent that their wharf, pier or bulkhead have the privilege or
the use of such dock. The cost so apportioned shall be a lien upon
the property to the same extent and enforced and collected as liens
for assessments for local improvements are enforced and collected.
b. Every owner of lands in front of and along any existing
bulkhead, dock, pier or other works and structures now or hereafter
built, constructed or maintained along any navigable water within
the territorial limits of the Borough shall repair and keep the same
in repair.
c. Every owner of such lands shall do and perform the
work provided in paragraph b of this subsection within 60 days after
written notice of the required work to be done is sent to such owner
by mail, if his post office address be known; if not known, then by
posting such notice upon the property affected thereby or leaving
the same with any occupant thereof, or by personal service if the
owner be resident within the Borough.
[Ord. No. 206; 1972 Code
§ 7-11.5]
Should the owner fail to repair and keep in repair such bulkhead
or other work and structure, as provided in paragraphs b and c of
12-5.4, the Borough Council shall cause the work to be done and the
cost thereof, with interest shall by resolution of the Borough Council
be assessed upon the land in front of and along which the bulkhead
or other work or structure shall have been constructed. Such resolution
shall set forth the name of the owner, a description of the lot owned
and the amount assessed thereon, and be entered at length upon the
minutes. A copy thereof, certified by the Borough Clerk shall within
10 days thereafter, be delivered to the Collector for the Borough
who shall at once enter the same in a book provided for that purpose,
to be called "Bulkhead Assessments." Such assessments shall become
and remain a first and paramount lien on the lands and be enforced
in the manner provided by law.
[Ord. No. 21-98]
As used in this section, the following terms shall have the
following meanings:
APPROVED SMOKE DETECTORS
Instruments approved by a nationally licensed testing laboratory
for the detection of ionized gases or products of combustion produced
by smoldering or burning materials.
[Ord. No. 21-98]
With the exception of new construction, no residence or apartment
shall be sold, rented or otherwise transferred unless approved smoke
detectors are installed in accordance with N.J.A.C. 5:18-4.19 and
a certificate of smoke detector compliance has been issued in accordance
with N.J.A.C. 5:18-2.20.
[Ord. No. 21-98]
No one-, two- or three-family residence or apartment shall be sold, rented or transferred unless said residence was duly inspected and approved by the Borough Smoke Detector Inspector to ensure that the smoke detector complies with subsection
12-6.2 of this section.
[Ord. No. 21-98]
Application for inspection shall be made, in writing, at the
office of the Administrator of the Borough of Keyport and shall be
accompanied by a fee of $20 for each rental unit to be inspected and
for each one-, two- or three-family structure to be sold. The fee
shall include one reinspection should noncompliance be determined
upon first inspection. A fee of $10 will be charged for each additional
inspection to ensure compliance with this section.
[Ord. No. 21-98]
The Tax Collector of the Borough of Keyport shall provide to
each person requesting a tax search from his/her office a statement
calling attention to the provisions of this section and shall inform
the persons requesting a tax search of the obligation of the owner
and seller of real estate to obtain an inspection by the Building
Department and to install smoke detectors as provided herein prior
to transfer of title.
[Ord. No. 21-98]
The individual filling the position of Smoke Detector Inspector
shall be appointed by the Mayor with the approval of the Borough Council.
[Ord. No. 21-98]
The term of the Smoke Detector Inspector shall be for one year.
The first appointee shall serve to December 31 of the year of his
appointment. All subsequent appointments shall be for the full term
of one year, to take effect January 1 of each succeeding year.
[Ord. No. 21-98; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section
1-5, General Penalty.
[Ord. No. 21-98]
The Smoke Detector Inspector, the Code Enforcement Officer and
the Acting Code Enforcement Officer shall have the authority to enforce
the provisions of this section. Nothing in this section shall prevent
the appointment of the Code Enforcement Officer as the Smoke Detector
Inspector.
[1972 Code § 7-7.1]
As used in this section:
SWIMMING POOL
Includes either outdoor or indoor, above or below grade level,
public or private, pools which are installed or constructed to provide
recreational facilities for swimming, bathing or wading. Any pool
shall be considered designed for or capable of being used for swimming
if it has an area exceeding 120 square feet or a maximum water depth
exceeding 12 inches.
[1972 Code § 7-7.2]
No person shall establish or construct a swimming pool without
first obtaining a permit from the Construction Official. The fee for
the permit shall be as established in subsection 12-1.6a of this Chapter.
[1972 Code § 7-7.3]
All outdoor swimming pools shall be enclosed by a substantial
fence not less than 48 inches in height, constructed so as to prevent
within reason any person from gaining access beneath or through the
fence. The fence shall have a similarly substantial gate of the same
height as the fence, with facilities for locking the gate when the
pool is unguarded. Such gate shall be kept closed at all times except
when opened for the purpose of ingress or egress.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
a. N.J.S.A. 40A:21-1 et seq., the Five Year Exemption
and Abatement Law, authorizes municipalities to approve tax exemptions
and/or abatements for improvements to dwelling units which are 20
or more years of age and located within an area in need of rehabilitation,
and on April 9, 1979, Mayor and Council of the Borough adopted the
appropriate resolution seeking the approval of the Monmouth County
Planning Board for that Board's determination that the Borough
is a qualifying municipality under the Act aforesaid.
b. On May 21, 1979, the Monmouth County Planning Board
did adopt a resolution pursuant to the Act determining that the housing
stock of the Borough is in need of rehabilitation and hence a qualifying
municipality under the Act.
c. The Borough desires to participate in the program under
the Act for dwelling units.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Tax exemptions shall be granted for improvements to dwellings
only on an individual basis, after review and evaluation of each application
by the Tax Assessor of the Borough, who shall then make a recommendation
to the governing body of the Borough. The governing body may approve
by resolution an exemption from taxation of improvements to the dwelling.
Such exemption shall regard the first $25,000 in the Tax Assessor's
full and true value of improvements for each dwelling unit primarily
and directly affected by the improvement in any dwelling more than
20 years old, as not increasing the value of such property for a period
of five years, notwithstanding the value of the dwelling to which
the improvements are made is increased thereby; provided, however,
that during the five-year period, the assessment on such dwelling
shall in no case, except that of damage through action of the elements
sufficient to warrant a reduction, be less than the assessment thereon
existing immediately prior to such improvements.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Upon review and evaluation by the Tax Assessor and the Tax Assessor's
recommendation to the governing body, the governing body may by resolution
approve an exemption of some portion of the assessed valuation of
construction of new dwellings or of conversions of other buildings
and structures, including unutilized public buildings to dwelling
use, or both. If the Borough and the applicant enter into a tax agreement
for an exemption under this section, such agreement shall be approved
by ordinance. In determining the valuation of real property, the Borough
shall regard up to 30% of the Tax Assessor's full and true value
of the dwelling constructed, or conversion alterations made, as not
increasing the value of such property for a period of up to five years,
notwithstanding that the value of the property on which the construction
or conversion occurs is increased thereby; provided that, during the
five-year period, the assessment on such dwelling shall in no case,
except that of damage through action of the elements sufficient to
warrant a reduction, be less than the assessment thereon existing
immediately prior to the construction or conversion of the dwelling
unit. The exemption period and annual percentage of the exemption
shall be determined on an individual basis. The annual percentage
of the exemption may be defined in a schedule that exempts from taxation
a different percentage, up to 30%, for each year of the exemption
period.
[Added 7-24-2018 by Ord.
No. 13-18]
The Tax Assessor shall determine on October 1 of the year following
the date of the completion of an improvement, conversion or construction,
the true taxable value of the real property granted an exemption pursuant
to this section. The amount of tax to be paid for the tax year in
which the project is completed shall be based on the assessed valuation
of the property for the current tax year plus the pro-rated portion
of the assessed valuation of the improvement, conversion or construction
not allowed an exemption pursuant to this section. The property shall
continue to be treated in the appropriate manner for each of the four
tax years subsequent to the resolution of the governing body and shall
be prorated for the final tax year in which the exemption expires.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Additional improvements, completed during a period in which
the improved property is subject to a previously granted exemption
in an amount less than the maximum deductible permissible may qualify,
subject to the review and approval provisions in this section, for
additional exemptions under terms and conditions herein specified.
In calculating the assessed value in such case, the additional improvement,
conversion or construction shall be considered as separate for the
purposes of calculating the exemption. However, in no tax year shall
the total exemption for any single property exceed $25,000
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
Any property owner desiring to seek an exemption as set forth
in this section and provided by law shall submit a written application
on the form prescribed by the Director of the Division of Taxation
with the Tax Assessor of the Borough pursuant to the provisions of
the Five-Year Exemption and Abatement Law. Such application shall
be filed with the Tax Assessor within 30 days, including Saturdays
and Sundays, following the completion of the improvement, conversion,
alteration or construction.
[Added 7-24-2018 by Ord.
No. 13-18]
No exemption shall be granted, or tax agreement entered into,
with respect to any property for which property taxes are delinquent
or remain unpaid, or for which penalties for nonpayment of taxes are
due.
[Added 7-24-2018 by Ord.
No. 13-18]
a. If, during any tax year prior to the termination of
a tax agreement, the property owner ceases to operate or disposes
of the property or fails to meet the conditions for qualifying, then
the tax which would have otherwise been payable for each tax year
shall become due and payable from the property owner as if no exemption
had been granted. The Borough shall notify the property owner and
Tax Collector forthwith pursuant to the requirements of the Five-Year
Exemption and Abatement Law.
b. However, with respect to the disposal of the property,
where it is determined that the new owner of the property will continue
to use the property pursuant to the conditions which qualified the
property, no exempted tax shall be due and the exemption and/or the
abatement shall continue, and the agreement shall remain in effect.
[Added 7-24-2018 by Ord.
No. 13-18]
The Tax Assessor shall report, on or before August 1 of each
year, to the Mayor and Borough Council as to the total amount of real
property taxes exempted and the termination dates of each exemption
within the Borough in the current tax year under this section deemed
applicable to improvements and new construction of dwelling units.
[Added 7-24-2018 by Ord.
No. 13-18]
The governing body shall report, on or before October 1 of each
year, to the Director of the Division of Local Government Services
in the Department of Community Affairs and to the Director of the
Division of Taxation in the Department of the Treasury the total amount
of real property taxes exempted within the municipality in the current
tax year.
[Ord. No. 12-79; amended 7-24-2018 by Ord. No. 13-18]
As used in this section, terms shall be defined as in the Five-Year
Exemption and Abatement Law.
[Ord. No. 342; 1972 Code
§ 6-3.1]
Whenever it shall appear necessary and expedient to the Mayor
and Council, for the preservation of the public health, safety, general
welfare, or to eliminate a fire hazard, to remove from lands lying
within the limits of the Borough, brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris,
the Mayor and Council shall cause notice to be given to the owner,
tenant, occupant or person in control of the lands and that person
in control shall, within 10 days after the notice, remove the same.
[Ord. No. 342; 1972 Code
§ 6-3.2; Ord. No. 32-89]
In case the person in control of any such lands shall refuse
or neglect to remove the brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris within
10 days after notice as aforesaid, and in the manner required by the
Borough, the same shall be removed by or under the direction of the
Property Maintenance Official of the Borough or such other officer
of the Borough as the Mayor and Council may designate.
[Ord. No. 342; 1972 Code
§ 6-3.3; Ord. No. 32-89; amended 7-2-2013 by Ord. No.
10-13]
In cases where the above mentioned debris is removed from any
lands by the Borough, the Property Maintenance Official or other officer
shall certify the cost of removal to the Mayor and Council, who shall
examine the certificate and if found correct, shall cause the cost
as shown to be charged against the lands. The cost certified to the
Mayor and Council shall include a fee of $40 per removal event to
defray the Borough's administrative costs associated with such
removal activity. The amount so charged shall forthwith become a lien
upon 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, the same
to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
[Ord. No. 342; 1972 Code
§ 6-3.4]
No person shall throw, deposit or cause to be thrown or deposited,
any trash, weeds, dead and dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash, debris of any kind whatsoever, nor suffer or
permit the same to be scattered by wind or otherwise, upon lands of
another person.
[Ord. No. 9-89]
In all multiple-family dwellings with balconies, the following
conditions and/or activities shall be prohibited:
a. No grill, barbecue, stove or a similar device burning
wood, charcoal, paper, or any flammable gas or liquid shall be employed
or used on, or under, any balcony of any structure. This prohibition
will not apply to electric grills.
b. No bottled gas containing liquefied natural gas, propane
or similar flammable gas shall be used or stored inside any portion
of a multiple-family dwelling or outside shed attached to said structure,
or on or under any balcony, in a multiple-family dwelling.
c. Definitions. As used in this section:
BALCONY
A platform projecting from an upper story of a building.
d. Enforcement. The Fire Official is hereby authorized
and directed to enforce this section.
e. Penalty. For violation of any provision of this section,
the maximum penalty, upon conviction, shall be a fine not exceeding
$100.
[Ord. No. 19-90]
The local building code within the Borough of Keyport shall
be amended to require the installation of low-water using plumbing
fixtures and fittings in all residential, commercial, and industrial
construction projects. Low-water using fixtures shall include, but
not be limited, to:
a. Automatic turn-off valves in public restrooms.
b. Shut-off valves on hoses to save water while watering
plants or washing the car.
c. Aerators, flow restrictors or other conservation devices
in all faucets and showerheads.
d. Recycling systems in such commercial uses as car washes.
[Ord. No. 19-90]
All service property or new construction within the Borough
of Keyport, shall submit plans and/or information regarding plumbing
fixtures to the Construction Official in the Borough of Keyport prior
to commencement of work. Individuals or firms shall not begin construction
until such time as the Construction Official has reviewed plans and
information and determined that conservation measures have been implemented
in accordance with this section.
[Ord. No. 24-98]
Every dwelling or dwelling unit which is to be rented, leased
or sold must install Ground Fault Interrupter Outlets (GFIs) in every
bathroom and every kitchen counter outlet within six feet of any sink
before a Certificate of Occupancy can be issued. Outlets which are
GFI protected or have a GFI breaker will meet this Code.
[Ord. No. 8-01]
The provisions of this section shall be applicable to any premises, property and structure supporting a nonresidential use within a Residential, General Commercial or Neighborhood Commercial Zone, as established by Chapter
25, herein.
a. From and after the effective date of this section,
it shall be unlawful to construct or install any security gate or
cover extending over or across a front window or door of a nonresidential
or commercial premises, property or structure shall be of a grate-
or lattice-type, with a minimum of 25% of the gate area being see-through
composition. No security gate shall be solid or impermeable in nature.
All security gates and accompanying hardware shall be of suitable
materials and maintained in a state of good repair.
b. From and after the effective date of this section,
it shall be unlawful to construct or install security gates as provided
in paragraph a. above unless a permit is obtained by the property
owner or lessee or contractor from the Construction Official. The
applicant for the permit shall submit proper specifications of the
size, make, model, location and details required by the Construction
Official.
[Ord. No. 7-02]
The within section shall be known and referred to as the Landlord
Registration Section.
[Ord. No. 7-02]
The Mayor and Council of the Borough of Keyport declare that
in order to promote public health, safety and welfare it is imperative
that the Borough maintain an up-to-date registry of all landlords,
managing agents, managers and superintendents together with a current
listing of all residential and commercial tenants residing within
the Borough so that municipal agencies, including but not limited
to, the Borough Clerk, Police Department, Fire Department, Department
of Public Works, Office of Emergency Management, Board of Health,
Board of Education and other Borough, County or State agencies, may
contact either the landlord, the landlord's agent or the tenant
in the event such circumstances require contact concerning state of
local emergencies and such other circumstances which the Borough deems
necessary for the welfare of the Borough and its inhabitants, which
shall be liberally construed to effectuate Borough purposes.
[Ord. No. 7-02; Ord. No. 7-11]
As used in this section, the following terms shall have the
following meanings:
COMMERCIAL UNIT
Includes any rental unit of commercial or business property
which will be used to engage in business or commercial activities
within the Borough of Keyport.
LANDLORD
The person or persons, partnership, limited liability corporation,
trust, estate or any other like entity which owns or purports to own
or have an interest in any residential or commercial unit or multiple
dwelling as defined herein.
MULTIPLE DWELLING
Includes any residential or commercial building or structure
or mobile trailer or land used as trailer park, rented or offered
for rent to one or more tenants, family units, or business entities,
including all commercial properties.
RESIDENT RESIDENTIAL UNIT
Includes all rental apartments, condominiums, rental trailers
or mobile home parks, single-family and two- or more family homes
which are non-owner-occupied housing units, located within the Borough
of Keyport. This definition includes the non-owner-occupied units
of owner-occupied two-family or multiple dwellings.
[Ord. No. 7-02]
Every landlord within the Borough of Keyport shall, within 30
days of the final publication of this ordinance, and thereafter by April 15th of each and every succeeding
year, file a statement under oath with the Code Enforcement Officer,
which statement shall contain the following information on forms provided
by the Borough and available at the office of the Borough Clerk, which
forms shall be supplied to each landlord:
a. The name and address of the registered owner of record
of any multiple dwelling containing residential units.
b. The name and address of the rental premises.
c. The total amount of rental units located at the rental
premises.
d. The name, addresses and telephone number of the managing
agent or superintendent responsible for the rental property.
e. The name, addresses and telephone number of the on-site
property manager or supervisor.
f. The location at each multiple dwelling unit of any
area designated for storage of hazardous materials and/or flammable
items at the rental location.
g. The name and address of every tenant occupying each
residential rental unit.
h. The unit designation that each tenant occupies.
i. The location of every fire alarm box, fire extinguisher
and fire fighting equipment at the residential multiple dwelling.
j. The location of all emergency exits (if applicable).
k. The total square footage of the entire rental premises.
l. The business and emergency telephone numbers of the
owner or management agent.
m. The type of construction of the rental premises.
n. The name and address of all utility companies serving
the within rental premises.
o. The location of any and all storage tanks and/or underground
storage tanks at the rental premises.
p. The nature of the business or commercial activity performed.
[Ord. No. 7-02]
The owner of the multiple dwelling containing commercial or
residential units shall be responsible to notify the Code Enforcement
Officer with regard to any of the following changes affecting the
rental units within two weeks of any change occurring on forms prescribed
by the Borough of Keyport:
b. A change in management agent or supervisor;
c. A change in the resident manager;
d. A change in occupancy of any tenant occupying commercial
or residential rental unit;
e. A change in any of the utility service companies serving
a rental unit.
[Ord. No. 7-02]
The Code Enforcement Officer shall maintain all landlord registration
statements at Borough Hall and shall provide access to the Borough
Clerk, Police Department, Fire Department, Department of Public Works,
Office of Emergency Management, Board of Health, Board of Education
and other Borough, County or State agencies for purposes of the general
welfare of the Borough of Keyport.
[Ord. No. 7-02; Ord. No. 9-10]
The owner or his designate upon the filing of the landlord registration
shall pay a fee to the Borough of Keyport on an annual basis, on or
before May 1st, in the amount set forth hereunder:
Number of Units
|
Fee
|
---|
For 1 to 3 rental units
|
$50 each unit
|
For 4 to 7 rental units
|
$45 each unit
|
For 8 to 10 rental units
|
$40 each unit
|
For 11 to 15 rental units
|
$35 each unit
|
For 16 to 25 rental units
|
$30 each unit
|
For 26 to 50 rental units
|
$25 each unit
|
For 51 to 100 rental units
|
$10 each unit
|
For 100 + rental units
|
$5 each unit
|
For owner-occupied two-family homes
|
$50 for the tenant occupied unit
|
[Ord. No. 7-02; Ord. No. 3-11]
Any person violating any provision of this section shall, upon conviction thereof, be subject to the penalties stated in Chapter I, Section
1-5, General Penalty, except that the minimum penalty shall not be less than $200 for a first offense and for a second or subsequent offense shall not be less than $500.
[Ord. No. 28-03]
As used in this section:
OWNER
Includes the sole owner or any part-owner, joint owner, tenant
in common, tenant in partnership, joint tenant, tenant by the entirety,
corporation or any other entity owning a property abutting a road
or street within the Borough of Keyport.
SIDEWALKS
Includes those portions of sidewalks lying in the angles
of the intersection of streets which are commonly used by the owner
or pedestrian traffic.
[Ord. No. 28-03]
Maintenance and repair of sidewalks, curbs, gutters, driveways
and driveway aprons along any public street, avenue, alley or lane
shall be the responsibility of the abutting property owner, who shall
be responsible for all costs associated with the installation, removal,
repair or replacement of all abutting sidewalks, curbs, gutters, driveways
or driveway aprons.
[Ord. No. 28-03]
Whenever any sidewalk, curb, gutter, driveway or driveway apron
is required to be constructed, reconstructed, repaired or altered,
application shall be made to the Construction Official, or his designee,
for the issuance of a permit. All applications submitted shall include
plans of the proposed work to be performed containing such specifications
which conform to the plans submitted for the construction, repairs
and alteration of the sidewalks, curbs, gutters, driveways and driveway
aprons. All plans submitted shall be subject to a permit fee in the
sum of $25 for each permit required.
[Ord. No. 28-03]
Should the owner or owners fail to maintain the sidewalks, curbs,
gutters, driveways and driveway aprons, which are their responsibility,
in accordance with the ordinances of the Borough of Keyport, the Construction
Code Official, Property Maintenance Official, Code Enforcement Officer
or Zoning Officer, shall by written notice served upon the owner or
owners personally, or by leaving the within notice at the property
location, or by forwarding said notice certified mail at the owner's
last known address, a Notice of Violation, which shall identify the
nature and extent of the violation and direct that the sidewalks,
curbs, gutters, driveways or driveway aprons, or any parts thereof,
be repaired at the cost of said owner within 30 days following the
receipt of said notice.
[Ord. No. 28-03]
Every notice whether personally served upon the owner, left
at the property location or sent to the owner or owners by certified
mail at their last known address, shall identify the nature of the
violation, the location of the violation and shall state that unless
the owner or owners complete the necessary repairs within 30 days
of the receipt of the notice, the owner or owners shall be deemed
in violation of Borough ordinances and subject to the issuance of
a summons for each day the condition goes uncorrected. The Construction
Code Official, Property Maintenance Official, Code Enforcement Officer
or Zoning Officer may agree to an extension of time to complete all
necessary repairs not to exceed an additional 30 days. The notice
shall also contain a statement indicating that unless the owner or
owners complete the construction, reconstruction, repair or alteration
within 30 days following service, and any extensions, a summons may
issue and/or the Borough Council may cause the required work to be
done and assess the cost and expense thereof on the lands affected
thereby. Should the Borough of Keyport be compelled to perform any
work, upon the filing of an affidavit of service with the Tax Collector,
all costs associated with the construction, reconstruction, alteration
or repair shall be assessed upon the abutting land affected thereby.
[Ord. No. 28-03]
a. In any case where the owner or owners of property abutting
any public street, avenue, alley or lane shall neglect or refuse to
make repairs to any sidewalk, curb, gutter, driveway or driveway apron,
following the issuance of a Notice of Violation and the expiration
of the time allotted to make said repairs, the Construction Code Official,
Property Maintenance Officer, Code Enforcement Official or Zoning
Officer shall cause a summons to be issued to the owner or owners
of the property abutting the public street. Each day that the condition
remains uncorrected may result in the issuance of an additional summons
by the Construction Code Official, Property Maintenance Officer, Code
Enforcement Official or Zoning Officer until such time as the condition
is repaired or otherwise remedied.
b. In the event where the owner or owners of property abutting any public street, avenue, alley or lane shall neglect or refuse to make required repairs to any sidewalk, curb, gutter, driveway or driveway apron, following the issuance of a Notice of Violation, and the expiration of the time allotted to make repairs the Borough Council, in addition to the issuance of a summons as permitted in paragraph a. above, may also cause the required work to be done and assess the cost or expense thereof upon the lands affected thereby (see subsection
12-15.5).
[Ord. No. 28-03]
Any owner or owners who violate or neglect to comply with the provisions of this section or any rule or regulation promulgated herewith, shall be punishable, upon conviction thereof, pursuant to the penalties contained in the General Penalty established in Chapter I, Section
1-5 of this Code.
[Ord. No. 28-03]
Any repairs to any sidewalk, curb, driveway or driveway apron
within the Borough of Keyport shall require a permit. All permits
shall be through the Construction Department through the Construction
Official or his/her designee. There shall be a fee of $25 for each
permit required.
[Ord. No. 28-03]
a. Curbs and Gutters Installed. Curbs and gutters shall
properly provide for the efficient disposal of stormwater drainage,
prevent soil erosion and preserve the condition of roadways and thus
promote the general health and welfare of the Borough.
b. Requirements. All curbs and gutters shall be installed
as provided in this section within the Borough of Keyport. The minimum
standards relating to the width of gutters, height of curbs, base
material, surface material and slope shall be determined in accordance
with the provisions of this section and other specifications of the
Borough Engineer or, in the case of County or State roads, the proper
County or State official.
c. Design Standards. Curbs shall be at least six inches
wide at the top, at least 10 inches wide at the bottom, by 20 inches
high, with a vertical back and corner radius of one inch; the curb
face shall be six inches. All curbs shall be constructed of Class
B concrete (3,500 pounds). Alternate types of curbing, including the
installation of Belgium Block, may be installed with the approval
of the Unified Planning Board, upon application of the owner or owners.
d. The maximum length of concrete curb sections shall
be 10 feet with the preformed bituminous expansion joint filter 1/2
inch thick installed every 40 feet. The finish shall be float finish.
Intermediate construction joints shall not exceed 1/4 inch in width.
e. Curbing shall be depressed at intersections and other
appropriate locations for the access of the handicapped in compliance
with the provisions of the Americans with Disabilities Act and the
laws of the State of New Jersey.
f. The earth excavation required for the installation,
construction or repair of curbing shall be replaced or disposed of
by the property owner.
g. Belgium Block Curbing. The concrete mix shall be as
specified by the Borough Engineer. Block shall be a minimum of six
inches in depth and nine inches in length. Construction detail shall
be provided by the Borough Engineer. The use of Belgium Block shall
be by specific approval of the Unified Planning Board.
[Ord. No. 28-03]
a. Sidewalks, driveways and driveway aprons installed
in the Borough of Keyport shall be made of concrete or brick pavers
and approved by the Construction Official or his/her designee subject
to the following criteria set forth in this subsection.
b. Minimum Thickness, Concrete. Sidewalks, driveways and
driveway aprons installed within the Borough of Keyport shall conform
to the following levels of thickness:
1. Residential walk: Four inches thick
2. Commercial walk: Five inches thick
3. Residential drive apron: Six inches thick
4. Commercial drive apron: Seven inches thick
5. Driveways: Five inches thick
c. Minimum Sidewalk Widths. Minimum sidewalk widths, unless
otherwise determined by the Construction Official or his/her designee,
the Unified Planning Board or Borough Engineer, shall conform to the
following:
1. Residential area: four feet.
2. Nonresidential area: 10 feet.
d. Owner or owners shall be required to maintain continuous
pavement from the public sidewalk abutting the public street to the
main entrance of any nonresidential establishment or building.
e. All sidewalks constructed, altered, repaired or maintained
shall be located inside the right-of-way and offset a minimum of one
foot from the right-of-way line.
f. All sidewalks installed, constructed, altered or repaired
shall have a slope of 1/4 inch per foot toward the gutter.
g. Sidewalks, driveways and driveway aprons shall be of
one-course construction and include a float finish.
h. Preformed cellular joint fillers shall be placed at
all expansion joints and in between the sidewalk and curb in those
locations where they abut.
i. Other materials, such as pavers or slate (utilized in the historic districts as provided in subsection
2-7.6f may be permitted by the Unified Planning Board upon such terms and conditions as it may impose. Slate may be repaired or replaced within the historic district under such terms and conditions as may be imposed by the Borough Engineer. Any owner or owners seeking to construct, install, alter or repair sidewalks made from pavers or slate shall be required to obtain a permit in accordance with subsection
12-15.3.
j. All driveway aprons shall be extended four feet into
the driveway from the sidewalk apron. The apron may be composed of
concrete or pavers only and shall comport to all regulations articulated
herein.
k. Zoning Approval. In those instances involving the construction, addition, installation or alteration of any new sidewalks, driveways and/or driveway aprons, the Zoning Officer shall inspect and approve the within location for said construction, prior to the issuance of any construction permits. The Zoning Officer shall insure that the proposed sidewalks, driveway and/or driveway aprons are properly set back from the abutting street and that the proposed construction comports with applicable zoning requirements within the Borough of Keyport as set forth in Chapter XXV, Land Use Regulations. Zoning approval shall not be required for the repair or replacement of existing sidewalks, driveways and driveway aprons, provided the footprint remains unchanged by the repair or replacement, however, permits as required under subsection
12-15.3 shall be required prior to the commencement of any repair or replacement.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Legislature has determined that various statutes authorized by N.J. Constitution Article VIII, Section
I, paragraph 6, permitting municipalities to grant, for periods of up to five years, exemptions from taxation in areas in need of rehabilitation, have proved to be effective in prompting construction and rehabilitation of multiple-dwelling, commercial and industrial structures. The Legislature adopted Chapter 441 of the Laws of 1991 (N.J.S.A. 40A:21-1 et seq., the Five-Year Exemption and Abatement Law) so as to consolidate and make more coherent the most useful features of such statutes. Chapter 441 provides that the governing body may utilize these laws in order to reverse and to prevent trends toward deterioration. The governing body of the Borough of Keyport has previously offered such a program to residential taxpayers in the Borough of Keyport. It is now the position of the governing body that the entire Borough, including multiple-dwelling, commercial and industrial buildings, are in need of rehabilitation as set forth in the statute and that the governing body believes that by exempting for a limited period improvements from taxation to multiple dwellings, commercial establishments and industrial properties, owners and investors would be encouraged to rehabilitate said properties within the Borough of Keyport. The governing body does hereby grant tax exemptions to commercial and industrial properties and multiple dwellings, subject to the requirements specifically set forth in the within section.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
As used in §
12-16, terms shall be defined as in the Five-Year Exemption and Abatement Law.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Tax exemptions for improvement, conversion or construction of
a multiple-dwelling, commercial or industrial structure shall be granted
only on an individual basis after review and evaluation of each application
and recommendation by the Tax Assessor to the governing body. The
governing body shall review and may approve each application. A tax
exemption under this section shall be granted only after approval
by resolution of the governing body.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Upon approval of an exemption by the governing body, in determining the value of real property, the Borough shall regard up to the Assessor's full and true value of improvements for each multiple dwelling, or of conversions of other buildings and structures, including unutilized public buildings, to multiple dwelling use, or both, commercial property or industrial structure, primarily and directly affected by the improvement in any multiple dwelling, commercial property or industrial structure more than 20 years old, as not increasing the value of the property for a period of five years, notwithstanding that the value of the property to which the improvements are made is increased thereby. During the exemption period, the assessment on the property shall not be less than the assessment thereon existing immediately prior to the improvements unless there is damage to the multiple-dwelling, commercial property or industrial structure sufficient to warrant a reduction. The Borough may enter into written agreements with applicants for tax exemptions applicable to this §
12-16.4, that shall be applied for and granted on an individual basis after review, evaluation and recommendation by the Tax Assessor to the governing body.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Except for new construction projects provided for herein, the
Assessor shall determine, as of October 1 of the year following the
date of the completion of improvement, conversion or construction,
the true taxable value thereof. The amount of tax to be paid for the
first full tax year following completion shall be based on the assessed
valuation of the property for the previous year, plus a prorated portion
of the assessed valuation of the improvement, conversion, or construction
not allowed an exemption pursuant to this act. The property shall
be treated in the appropriate manner for five tax years and shall
be prorated for the final tax year in which the exemption expires.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
Additional improvements or construction completed on a property
granted a previous exemption during the period in which the previous
exemption is in effect may qualify, subject to the review and approval
provisions herein, for an exemption as if such property had not received
a previous exemption. The additional improvement, conversion or construction
shall be considered as separate for the purposes of calculating the
exemption, except that the assessed value of any previous improvement,
conversion or construction shall be added to the assessed valuation
as it was prior to that improvement, conversion or construction for
the purpose of determining the assessed valuation of the property
from which any additional abatement is to be subtracted.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Borough may enter into written agreements with applicants
for tax exemption for new construction of commercial or industrial
structures or multiple dwellings. All tax agreements shall be applied
for and granted on an individual basis and shall be approved by ordinance
of the governing body.
[Added 7-24-2018 by Ord.
No. 13-18]
All applications shall be submitted pursuant to the Five-Year
Exemption and Abatement Law.
[Added 7-24-2018 by Ord.
No. 13-18]
a. An agreement shall provide for the applicant to pay
to the Borough, in lieu of full property tax payments, an amount annually
to be computed by one, but in no case a combination, of the following
formulas:
1. Cost basis: The agreement may provide for the applicant
to pay to the municipality, in lieu of full property tax payments,
an amount equal to 2% of the cost of the project. For the purposes
of the agreement, "the cost of the project" means only the cost or
fair market value of direct labor and all materials used in the construction,
expansion or rehabilitation of all buildings, structures and facilities
at the project site, including the costs, if any, of land acquisition
and land preparation, provision of access roads, utilities, drainage
facilities and parking facilities, together with architectural, engineering,
legal, surveying, testing and contractors' fees associated with
the project; which the applicant shall cause to be certified and verified
to the governing body by an independent and qualified architect, following
the completion of the project.
2. Gross revenue basis: The agreement may provide for
the applicant to pay to the municipality in lieu of full property
tax payments an amount annually equal to 15% of the annual gross revenues
from the project. For the purposes of the agreement, "annual gross
revenues" means the total annual gross rental and other income payable
to the owner of the project from the project. If in any leasing, any
real estate taxes or assessments on property included in the project,
any premiums for fire or other insurance on or concerning the property
included in the project, or any operating or maintenance expenses
ordinarily paid by the landlord, are to be paid by the tenant, then
those payments shall be computed and deemed to be part of the rent
and shall be included in the annual gross revenue. The tax agreement
shall establish the method of computing the revenues and may establish
a method of arbitration by which either the landlord or tenant may
dispute the amount of payments so included in the annual gross revenue.
3. Tax phase-in basis: The agreement shall provide for
the applicant to pay to the Borough in lieu of full property tax payments
an amount equal to a percentage of taxes otherwise due, according
to the following schedule:
(a)
In the first full year after completion, no payment
in lieu of taxes otherwise due;
(b)
In the second tax year, 20% of taxes otherwise
due;
(c)
In the third tax year, 40% of taxes otherwise
due;
(d)
In the fourth tax year, 60% of taxes otherwise
due; and
(e)
In the fifth tax year, 80% of taxes otherwise
due.
b. The formula provided for in a tax agreement under this
section shall be determined on an individual basis.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
No exemption or abatement shall be granted with respect to any
property for which property taxes are delinquent or remain unpaid
or for which penalties for nonpayment of taxes are due.
[Added 7-24-2018 by Ord.
No. 13-18]
a. In all cases, an applicant for an exemption pursuant to this section or to §
12-8 of this chapter
12 shall be responsible for all reasonable and actual costs incurred by the Borough in connection with authorizing and entering into tax agreements or granting of tax exemptions, including, but not limited to, reasonable legal fees incurred by the Borough and reasonable out-of-pocket third-party costs.
b. All applications shall be submitted pursuant to the
Five-Year Exemption and Abatement Law and on a form prescribed by
the Division of Taxation in the Department of Treasury and shall be
filed with the Assessor within 30 calendar days following the completion
of the improvement. The granting of an exemption shall be made a permanent
part of the official tax records of the Borough of Keyport, which
records shall contain a notice of termination date thereof.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The exemption of real property taxes shall apply to property
taxes levied for municipal, school, and county government and for
the purposes of funding any other property tax exemption.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
The Tax Assessor shall report, on or before August 1 of each
year, to the Mayor and Borough Council as to the total amount of real
property taxes exempted and the termination dates of each exemption
within the Borough of Keyport in the current tax year under this section
deemed applicable to multiple dwellings, commercial properties and
industrial structures.
[Added 7-24-2018 by Ord.
No. 13-18]
The governing body shall report, on or before October 1 of each
year, to the Director of the Division of Local Government Services
in the Department of Community Affairs and to the Director of the
Division of Taxation in the Department of the Treasury the total amount
of real property taxes exempted within the municipality in the current
tax year.
[Ord. No. 16-02; amended 7-24-2018 by Ord. No. 13-18]
No exemption or abatement granted by a prior ordinance or law
shall be affected or terminated by this section, but shall remain
in effect for the time and under the terms granted as if the section
had not been superseded or repealed. This section shall take effect
immediately upon final adoption and publication according to law.
Except as specifically authorized by the governing body, the exemptions
or abatement under this section shall not be effective or granted
for projects or improvements upon which a building permit has been
issued or construction commenced prior to the effective date of this
section.
[Ord. No. 10-07]
To the extent not otherwise prohibited by any other provision
of this Code, it shall be unlawful to place a permanent and/or movable
storage or transportation trailer of any kind, or other such storage
container, upon any site within the Borough, whether to be left and/or
parked/stored in an empty state, or to be used for the storage of
any construction materials, other materials or goods, equipment, tools,
etc., of any kind or nature whatsoever, except to the extent the said
trailer, or container is being used temporarily in conjunction with
an authorized and properly permitted active construction project on
said site, or to the extent such storage use is authorized pursuant
to the Borough's Zoning Ordinances.
[Ord. No. 21-08]
It shall be unlawful to commence any construction, demolition
or reconstruction that involves grading, disturbance or excavation
of soil without first installing at the site of work a fence not less
than eight feet in height sufficient to reduce blowing dust and debris,
to diminish visibility of construction sites and material, which fence
shall be maintained until the construction at the site is substantially
concluded. In the case of demolition projects, the screening fence
shall be maintained until the Borough Council resolves that the site
has been restored to a satisfactory condition. Said fence shall include
privacy screening and shall enclose all boundaries of the site under
construction or demolition.
[Ord. No. 21-08]
This section shall not apply to construction sites involving
a one-unit single-family residential building. The screening provisions
of this section shall apply to all other construction and demolition
sites. Applications for waivers of this section must be made to the
Planning Board.
[Ord. No. 10-10]
a. Abandoned properties create a wide range of problems
for the Borough, fostering criminal activity, creating public health
problems and otherwise diminishing the quality of life for residents
and business operators in those areas.
b. Abandoned properties diminish the property values of
neighboring properties and have a negative effect on the quality of
life of adjacent property owners, increasing the risk of property
damage through arson and vandalism and discouraging neighborhood stability
and revitalization.
c. For these reasons, abandoned properties are presumptively
considered to be nuisances, in view of their negative effects on nearby
properties and the residents or users of those properties.
d. The continued presence of abandoned properties in the
Borough acts as a significant barrier to the Borough's continued
progressive development and revitalization.
e. The responsibility of a property owner to maintain
a property in sound condition and prevent it from becoming a nuisance
to others extends to properties which are not in use and "demolition
by neglect," leading to the deterioration and loss of the property,
or failure by an owner to comply with legitimate orders to demolish,
stabilize or otherwise repair his or her property creates a presumption
that the owner has abandoned the property.
[Ord. No. 10-10]
As used in this section, the following terms shall have the
meanings indicated:
ABANDONED PROPERTY
Any property that is determined to be abandoned pursuant
to N.J.S.A. 55:19-78 et al.
DEPARTMENT
The New Jersey Department of Community Affairs.
INTERESTED PARTY
Includes any resident of the Borough, any owner or operator
of a business within the Borough, or any organization representing
the interests of residents or engaged in furthering the revitalization
and improvement of the neighborhood in which the property is located.
OWNER
The holder or holders of title to an abandoned property.
PROPERTY
Any building or structure and the land appurtenant thereto.
PUBLIC OFFICER
The Construction Code Official unless another person is designated
by the Mayor and Borough Council to carry out the responsibilities
set forth in N.J.S.A. 55:19-78 et al.
QUALIFIED REHABILITATION ENTITY
An entity organized or authorized to do business under the
applicable New Jersey statutes, which shall have as one of its purposes
the construction or rehabilitation of residential or nonresidential
buildings, the provision of affordable housing, the restoration of
abandoned property, the revitalization and improvement of urban neighborhoods,
or similar purpose, and which shall be well qualified by virtue of
its staff, professional consultants, financial resources, and prior
activities set forth in N.J.S.A. 55:19-78 et al. to carry out the
rehabilitation of abandoned buildings in the Borough.
[Ord. No. 10-10]
a. The Public Officer shall establish and maintain a list
of abandoned property to be known as the "abandoned property list."
The Borough may add properties to the abandoned property list at any
time and may delete properties at any time when the Public Officer
finds that the property no longer meets the definition of an abandoned
property. An interested party may request that a property be included
on the abandoned property list.
b. An abandoned property shall not be included on the
abandoned property list if rehabilitation is being performed in a
timely manner, as evidenced by building permits issued and diligent
pursuit of rehabilitation work authorized by those permits. A property
on which an entity other than the Borough has purchased or taken assignment
from the Borough of a tax sale certificate which has been placed on
the abandoned property list may be removed in accordance with N.J.S.A.
55:19-103.
c. List established.
[Amended 3-3-2015 by Ord.
No. 6-15]
1. The Public Officer shall establish the abandoned property
list or any additions thereto by publication in the official newspaper
of the Borough, which publication shall constitute public notice,
and, within 10 days after publication, shall send a notice by certified
mail, return receipt requested, and by regular mail to the owner of
record of every property included on the list. The published and mailed
notices shall identify property determined to be abandoned, setting
forth the owner of record, if known, the tax lot and block number
and street address. The Public Officer, in consultation with the Tax
Collector, shall also send out a notice by regular mail to any mortgagee,
servicing organization, or property tax processing organization that
receives a duplicate copy of the tax bill. When the owner of record
is not known for a particular property and cannot be ascertained by
the exercise of reasonable diligence by the Tax Collector, notice
shall not be mailed but instead shall be posted on the property. The
mailed notice shall indicate the factual basis for the Public Officer's
finding that the property is abandoned property and specifying the
information relied upon in making such finding. In all cases, a copy
of the mailed or posted notice shall also be filed by the Public Officer
in the Monmouth County Clerk's Office. The notice shall be indexed
by the name of the property owner as defendant and the Borough as
plaintiff, as though an action had been commenced by the Borough against
the owner.
2. Any published, mailed and posted notices under this §
12-19.3 shall further advise of the need for the subject properties to be registered in accordance with §
12-19.3A below.
d. An owner or lienholder may challenge the inclusion
of his property on the abandoned property list determined pursuant
to paragraph b. of this section by appealing that determination to
the Public Officer within 30 days of the owner's receipt of the
certified notice or 40 days from the date upon which the notice was
sent. An owner whose identity was not known to the Public Officer
shall have 40 days from the date upon which notice was published or
posted, whichever is later, to challenge the inclusion of a property
on the abandoned property list. For good cause shown, the Public Officer
shall accept a late filing of an appeal. Within 30 days of receipt
of a request for an appeal of the findings contained in the notice,
the Public Officer shall schedule a hearing for redetermination of
the matter. Any property included on the list shall be presumed to
be abandoned property unless the owner, through the submission of
an affidavit or certification by the property owner certifying that
the property is not abandoned and stating the reasons for same, can
demonstrate that the property was erroneously included on the list.
The affidavit or certification shall be accompanied by supporting
documentation including, but not limited to, photographs, and repair
invoices, bills and construction contracts. The Public Officer shall
decide any timely filed appeal within 10 days of the hearing on the
appeal and shall promptly, by certified mail, return receipt requested,
and by regular mail, notify the property owner of the decision and
the reasons therefor.
e. The property owner may challenge an adverse determination
of an appeal with the Public Officer, by instituting a summary proceeding
in the Superior Court, Law Division, Monmouth County within 20 days
of the date of the notice of decision mailed by the Public Officer.
The Public Officer shall promptly remove any property from the abandoned
property list that has been determined not to be abandoned on appeal.
f. The abandoned property list shall become effective,
and the Borough shall have the right to pursue any legal remedy with
respect to properties on the abandoned property list at such time
as any one property has been placed on the list in accordance with
the provisions of this section, upon the expiration of the period
for appeal with respect to that property or upon the denial of an
appeal brought by the property owner.
[Added 3-3-2015 by Ord.
No. 6-15]
a. Generally. Effective April 1, 2015, the owner of any property included by the Public Officer on the abandoned property list created pursuant to §
12-19.3(a) above shall, within 45 days of notice being published, mailed or posted in accordance with §
12-19.3(c) above, file a registration statement for each such abandoned property with the Public Officer on forms provided by that Public Officer for such purposes.
1. Any owner of any property included on the abandoned
property list as of the effective date of this section shall file
such a registration statement on or before April 1, 2015.
b. Duration; renewal. The registration shall remain valid
through the end of the calendar year. An owner shall be required to
renew the registration on or before January 1 of each successive calendar
year for so as long as the property remains on the abandoned property
list and shall pay a registration or renewal fee in the amount prescribed
in Subsection 12-19.3Ad below.
c. Registration statement. The registration statement
shall include the name, street address and telephone number of a natural
person 21 years of age or older, designated by the owner as the authorized
agent for receiving notices of code violations and for receiving process,
in any court proceeding or administrative enforcement proceeding,
on behalf of such owner in connection with the enforcement of any
applicable code. This person must maintain an office in the State
of New Jersey or reside within the State of New Jersey.
1. An owner who is a natural person and who meets the
requirements of this section as to location of residence or office
may designate him or herself as agent.
2. By designating an authorized agent under the provisions
of this section, the owner consents to receive any and all notices
of code violations concerning the registered vacant property and all
process in any court proceeding or administrative enforcement proceeding
brought to enforce code provisions concerning the registered building
by service of the notice or process on the authorized agent. Any owner
who has designated an authorized agent under the provisions of this
section shall be deemed to consent to the continuation of the agent's
designation for the purposes of this section until the owner notifies
the Public Officer of a change of authorized agent or until the owner
files a new annual registration statement. The designation of an authorized
agent in no way releases the owner from any requirement of this section.
d. Registration fee.
[Amended 6-14-2016 by Ord. No. 10-16]
1. The registration fee schedule for any property included
on the abandoned property list is as follows:
|
Annual Fee
|
Late Registration Fee
|
---|
Initial registration
|
$500
|
$1,000
|
First renewal
|
$1,000
|
$1,500
|
Second renewal
|
$2,500
|
$3,000
|
Third and any subsequent renewal
|
$5,000
|
$7,500
|
2. Any owner who registered an abandoned property more
than 45 days after the date by which the owner is required to register
the abandoned property shall pay a late registration fee of an amount
set forth above.
e. Updated Information. The owner shall notify the Public
Officer within 30 days of any change in the registration information
by filing an amended registration statement on a form provided by
the Public Officer for such purpose.
f. Placards.
1. Abandoned properties formerly having commercial or
industrial use shall prominently display at the main entrance a placard
at least two feet by two feet in size containing the name of the owner,
any agent, a current phone number for the owner or agent, the presence
of any known hazardous materials, and any such other information as
the Public Officer deems necessary.
2. Abandoned residential properties shall prominently
display at or near the main entrance a placard at least 8.5 inches
by 11 inches in size containing the name of the owner, any agent,
a current phone number for the owner or agent, and any such other
information as the Public Officer deems necessary.
3. In addition to the foregoing, all abandoned properties
shall prominently display at or near the main/front entrance a placard
obtained from the Fire Official containing such information as the
Fire Official deems necessary.
4. All placards shall be readily visible from the outside
the entryway of the main structure upon the abandoned property, and
shall be placed either inside the main structure (e.g., attached to
the interior side of an exterior window next to the entryway) or outside
the main structure and be of, or covered in, a waterproof and moisture-proof
material (e.g., laminated and attached to the door of the entryway).
All information set forth in the placards must remain readily visible
and legible at all times.
g. Admissibility. The registration statement shall be
deemed prima facie proof of the statements therein contained in any
administrative enforcement proceeding or court proceeding instituted
by the Borough against the owner of an abandoned property.
h. Inspections. After filing a registration statement
or a renewal of a registration statement, the owner of any abandoned
property shall provide access to the Borough to conduct an exterior
and interior inspection of the building to determine compliance with
the municipal code, following reasonable notice, during the period
covered by the initial registration or any subsequent renewal. For
any inspection subsequent to the annual inspection, there shall be
a fee of $100 per inspection.
i. Violations and penalties. Any owner who is not in full compliance with the terms and provisions of this section, or who furnishes false or incorrect information, or who fails to update such information in a timely manner, shall be in violation of this section and shall, in addition to the late fees set forth in §
12-19.3Ad above, be subject to the general penalty provisions set forth in §
1-5, General penalty, of this Code.
[Ord. No. 10-10]
a. Notwithstanding N.J.S.A. 54:5-19 or the provisions
of any other law to the contrary, if a property is included on the
abandoned property list and the property taxes or other Borough liens
due on the property are delinquent six or more quarters as of the
date of expiration of the right to appeal inclusion on the list, or,
if an appeal has been filed, as of the date that all opportunities
for appeal of inclusion on the list have been exhausted, then the
tax lien on the property may be sold in accordance with the procedures
in the "Tax Sale Law," N.J.S.A. 54:5-1 et seq., on or after the 90th
day following the expiration of that time of appeal or final determination
on an appeal, as appropriate. The Borough may, at its option, require
that the sale of the tax sale certificate or any subsequent assignment
or transfer of a tax sale certificate held by the Borough be subject
to the express condition that the purchaser or assignee shall be obliged
to perform and conclude any rehabilitation or repairs necessary to
remove the property from the abandoned property list and to post a
bond in favor of the Borough to guarantee the rehabilitation or repair
of the property. The Public Officer may waive the requirement of a
bond. The cost of rehabilitation and repairs and the cost of the bond
shall be added to the amount required to be paid by the owner for
redemption of the property. The purchaser, assignee or transferee
of the tax sale certificate who is required to rehabilitate and repair
the property shall be required to file the appropriate affidavits
with the Tax Collector representing the amounts of monies expended
periodically toward the rehabilitation or repair of the property.
The tax sale certificate purchaser, assignee or transferee, under
the auspices and with the authority of the Borough, shall be permitted
to enter in and upon the property for the purposes of appraising the
costs of rehabilitation and repair and to perform all other acts required
to guarantee the completion of the rehabilitation or repair of the
property. No rehabilitation or repair work shall be commenced, however,
until proof of adequate liability insurance and an indemnification
agreement holding the Borough harmless is filed with the Public Officer.
If the tax sale certificate is not purchased at the initial auction
of the tax sale certificate and the Borough purchases the certificate,
then the Borough is authorized and empowered to receive all of the
right, title and interest in that certificate.
b. Remediation.
1. If the Borough acquires the tax sale certificate for
a property on the abandoned property list, then, upon 10 days'
written notice to the property owner and any mortgagee as of the date
of the filing of the lis pendens notice pursuant to N.J.S.A. 55:19-55,
the Borough shall be permitted to enter upon the property and remediate
any conditions that caused the property to be included on the abandoned
property list. No remediation shall be commenced, however, if within
that ten-day period the owner or mortgagee shall have notified the
Public Officer, in writing, that the owner or mortgagee has elected
to perform the remediation itself. When the owner or mortgagee elects
to perform the remediation itself, it shall be required to post bond
in favor of the Borough in order to ensure performance. The amount
and conditions of the bond shall be determined by the Public Officer.
2. The certified cost of remediation incurred by the Borough
shall constitute a lien upon the property first in time and right
to any other lien, whether the other lien was filed prior to or after
the filing of any lien by the Borough, except for Borough taxes, liens
and assessments, together with any interest thereon. The certification
of costs shall be filed and recorded as a lien by the Borough with
the Monmouth County Clerk's Office.
c. Failure to Remediate.
1. Failure of an owner or lienholder to remove a property
from the abandoned property list within the period of time for appeal
of inclusion of the property shall be prima facie evidence of the
intent of the owner to continue to maintain the property as abandoned
property.
2. The clearance, development, redevelopment, or repair
of property being maintained as an abandoned property pursuant to
paragraph c,1 of this subsection shall be a public purpose and public
use for which the power of eminent domain may be exercised.
[Ord. No. 10-10]
a. An owner or lienholder may remove a property from the
list of abandoned properties prior to sale of the tax sale certificate
by paying all taxes and Borough liens due, including interest and
penalties, and:
1. By posting cash or a bond equal to the cost of remediating
all conditions because of which the property has been determined to
be abandoned and posting cash or a bond to cover the cost of any environmental
cleanup required on the property, evidenced by a certification by
a licensed engineer retained by the owner and reviewed and approved
by the Public Officer stating that the cash or bond adequately covers
the cost of the cleanup; or
2. By demonstrating to the satisfaction of the Public
Officer that the conditions rendering the property abandoned have
been remediated in full; provided, however, that where the Public
Officer finds that the owner is actively engaged in remediating the
conditions because of which the property was determined to be abandoned,
as evidenced by significant rehabilitation activity on the property,
the Public Officer may grant an extension of time of not more than
120 days for the owner to complete all work, during which time no
further proceedings will be taken against the owner or the property.
b. If the owner has posted cash or a bond in order to
have a property removed from the abandoned property list and the conditions
because of which the property was determined to be abandoned have
not been fully remediated within one year of the date of posting the
cash or bond, or, in the case of a property which requires a remediation
of any known, suspected or threatened release of contaminants, if
the owner has failed to enter into a memorandum of agreement with
the Department of Environmental Protection or an administrative consent
order, as the case may be, or if an agreement or order is in effect
but the owner has failed to perform the remediation in conformance
with the agreement or order, then the cash or bond shall be forfeited
to the Borough, which shall use the cash or bond and any interest
which has accrued thereon for the purpose of demolishing or rehabilitating
the property or performing the environmental remediation. Any funds
remaining after the property has been demolished, rehabilitated or
cleaned up shall be returned to the owner.
[Ord. No. 10-10]
a. When anyone other than the Borough acquires a tax sale
certificate for a property on the abandoned property list at tax sale,
the purchaser may institute an action to foreclose the right of redemption
at any time after the expiration of six months following the date
of the sale of the tax sale certificate.
b. When the Borough is the purchaser at tax sale of any
property on the abandoned property list, an action to foreclose the
right of redemption may be instituted in accordance with the provisions
of N.J.S.A. 54:5-77.
c. After the foreclosure action is instituted, the right
to redeem shall exist and continue to exist until barred by the judgment
of the Superior Court; provided, however, that no redemption shall
be permitted except where the owner:
1. Posts cash or a bond equal to the cost of remediating
the conditions because of which the property was determined to be
abandoned, as determined by the court; or
2. Demonstrates to the court that the conditions because
of which the property was determined to be abandoned have been remedied
in full.
[Ord. No. 10-10]
Once a final judgment barring the right of redemption with respect
to a property on the list of abandoned properties has been recorded,
no court shall reopen such judgment at any time except on the grounds
of lack of jurisdiction or fraud in the conduct of the action.
[Ord. No. 10-10]
a. Any property that has not been legally occupied for
a period of six months and which meets any one of the following additional
criteria may be deemed to be abandoned property upon a determination
by the Public Officer that:
1. The property is in need of rehabilitation in the reasonable
judgment of the Public Officer, and no rehabilitation has taken place
during that six-month period;
2. Construction was initiated on the property and was
discontinued prior to completion, leaving the building unsuitable
for occupancy, and no construction has taken place for at least six
months as of the date of a determination by the Public Officer pursuant
to this section;
3. At least one installment of property tax remains unpaid
and delinquent on that property as of the date of a determination
by the Public Officer pursuant to this section; or
4. The property has been determined to be a nuisance by the Public Officer pursuant to subsection
12-19.9 of this section.
b. A property which contains both residential and nonresidential
space may be considered abandoned pursuant so long as 2/3 or more
of the total net square footage of the building was previously legally
occupied as residential space and none of the residential space has
been legally occupied for at least six months at the time of the determination
of abandonment by the Public Officer and the property meets the criteria
of either paragraphs a,1 through a, 4 of this subsection.
[Ord. No. 10-10]
a. A property may be determined to be a nuisance by the
Public Officer if:
1. The property has been found to be unfit for human habitation,
occupancy or use;
2. The condition and vacancy of the property materially
increases the risk of fire to the property and adjacent properties;
3. The property is subject to unauthorized entry leading
to potential health and safety hazards; the owner has failed to take
reasonable and necessary measures to secure the property; or the Borough
has secured the property in order to prevent such hazards after the
owner has failed to do so;
4. The presence of vermin or the accumulation of debris,
uncut vegetation or physical deterioration of the structure or grounds
have created potential health and safety hazards and the owner has
failed to take reasonable and necessary measures to remove the hazards;
or
5. The dilapidated appearance or other condition of the
property materially affects the welfare, including the economic welfare,
of the residents of the area in close proximity to the property, and
the owner has failed to take reasonable and necessary measures to
remedy the conditions.
b. A Public Officer who determines a property to be a
nuisance pursuant to paragraphs a,1 through a, 5 of this subsection
shall follow the notification procedures set forth in N.J.S.A. 40:48-2.3
et seq. with regard to unfit buildings.
[Ord. No. 10-10]
a. If an entity other than the Borough has purchased or
taken assignment from the Borough of a tax sale certificate on a property
that has not been legally occupied for a period of six months, that
property shall not be placed on the abandoned property list if: 1)
the owner of the certificate has continued to pay all Borough taxes
and liens on the property in the tax year when due; and 2) the owner
of the certificate takes action to initiate foreclosure proceedings
within six months after the property is eligible for foreclosure and
diligently pursues foreclosure proceedings in a timely fashion thereafter.
b. A property which is used on a seasonal basis shall
be deemed to be abandoned only if the property meets any two of the
additional criteria set forth in N.J.S.A. 55:19-81.
c. A determination that a property is abandoned property
shall not constitute a finding that the use of the property has been
abandoned for purposes of municipal zoning or land use regulation.
d. Upon the request of a purchaser or assignee of a tax
sale certificate seeking to bar the right of redemption on an abandoned
property, the Public Officer or the Tax Collector shall, in a timely
fashion, provide the requester with a certification that the property
fulfills the definition of abandoned.
[Ord. No. 10-10]
a. A summary action or otherwise to transfer possession
and control of abandoned property in need of rehabilitation, pursuant
to N.J.S.A. 55:19-84, to the Borough may be brought by the Borough
in the Superior Court, Monmouth County, Law Division. If the court
shall find that the property is abandoned and the owner or party in
interest has failed to submit and initiate a rehabilitation plan,
then the court may authorize the Borough to take possession and control
of the property and develop a rehabilitation plan.
b. The Borough may commence and maintain those further
proceedings for the conservation, protection or disposal of the property
or any part thereof that are required to rehabilitate the property,
necessary to recoup the cost and expenses of rehabilitation and for
the sale of the property.
c. Failure by the owner, mortgage holder or lienholder
to submit plans for rehabilitation to the Borough, obtain appropriate
construction permits for rehabilitation or, in the alternative, submit
formal applications for funding the cost of rehabilitation to local,
State or Federal agencies providing such funding within that six-month
period shall be deemed prima facie evidence that the owner has failed
to take any action to further the rehabilitation of the property.
[Ord. No. 10-10]
A complaint filed pursuant to N.J.S.A. 55:19-84 shall include:
a. Documentation that the property is on the municipal
abandoned property list or a certification by the Public Officer that
the property is abandoned; and
b. A statement by an individual holding appropriate professional
qualifications that there are sound reasons that the building should
be rehabilitated rather than demolished based upon the physical, aesthetic
or historical character of the building or the relationship of the
building to other buildings and lands within its immediate vicinity.
[Ord. No. 10-10]
a. Within 10 days of filing a complaint, the plaintiff
shall file a notice of lis pendens with the Middlesex County Clerk's
Office.
b. At least 30 days before filing the complaint, the Borough
shall serve a notice of intention to take possession of an abandoned
building. The notice shall inform the owner and interested parties
that the property has not been legally occupied for six months and
of those criteria that led to a determination of abandonment.
1. The notice shall provide that unless the owner or a
party in interest prepares and submits a rehabilitation plan to the
appropriate Borough officials, the Borough will seek to gain possession
of the building to rehabilitate the property and the associated cost
shall be a lien against the property, which may be satisfied by the
sale of the property.
2. After the complaint is filed, the complaint shall be
served on the parties in interest in accordance with the New Jersey
Rules of Court.
c. After serving the notice of intent pursuant to paragraph
b. of this subsection, the Public Officer may enter upon that property
after written notice to the owner by certified mail, return receipt
requested, in order to secure, stabilize or repair the property, or
in order to inspect the property for purposes of preparing the plan
to be submitted to the court.
[Ord. No. 10-10]
a. Any owner may defend against a complaint by submitting
a plan for the rehabilitation and reuse of the property which is the
subject of the complaint and by posting a bond equal to 125% of the
amount determined by the Public Officer or the court to be the projected
cost of rehabilitation. Any plan submitted by an owner to defend against
a complaint shall be submitted within 60 days after the complaint
has been filed, unless the court provides the owner with an extension
of time for good cause shown.
b. A plan submitted by an owner pursuant to this subsection
shall include, but not be limited to:
1. A detailed financial feasibility analysis, including
documentation of the economic feasibility of the proposed reuse, including
operating budgets or resale prices, or both, as appropriate;
2. A budget for the rehabilitation of the property, including
sources and uses of funds, based on the terms and conditions of realistically
available financing, including grants and loans;
3. A timetable for the completion of rehabilitation and
reuse of the property, including milestones for performance of major
steps leading to and encompassing the rehabilitation and reuse of
the property; and
4. Documentation of the qualifications of the individuals
and firms that will be engaged to carry out the planning, design,
financial packaging, construction, and marketing or rental of the
property.
c. Court Approval.
1. The court shall approve any plan that, in the judgment
of the court, is realistic and likely to result in the expeditious
rehabilitation and reuse of the property which is the subject of the
complaint.
2. If the court approves the owner's plan, then it
may appoint the Public Officer to act as monitor of the owner's
compliance. If the owner fails to carry out any step in the approved
plan, then the Borough may apply to the court to have the owner's
bond forfeited, possession of the building transferred to the Borough
to complete the rehabilitation plan and authorization to use the bond
proceeds for rehabilitation of the property.
3. The owner shall provide quarterly reports to the Borough
on its activities and progress toward rehabilitation and reuse of
the property. The owner shall provide those reports to the court on
its activities that the court determines are necessary.
d. The court may reject a plan and bond if it finds that
the plan does not represent a realistic and expeditious means of ensuring
the rehabilitation of the property or that the owner or his representatives
or agents, or both, lack the qualifications, background or other criteria
necessary to ensure that the plan will be carried out successfully.
[Ord. No. 10-10]
a. If an owner is unsuccessful in defending against a
complaint, the mortgage holder or lienholder may seek to be designated
in possession of the property by submitting a plan and posting a bond
with the court as required hereunder. The plan shall be submitted
within 60 days after the court has rejected the owner's plan,
unless the court provides the mortgage holder or lienholder with an
extension of time for good cause shown. If the court approves any
such mortgage holder's or lienholder's plan, it shall designate
that party to be in possession of the property for purposes of ensuring
its rehabilitation and reuse and may appoint the Public Officer to
act as monitor of the party's compliance.
1. The mortgage holder or lienholder, as the case may
be, shall provide quarterly reports to the court and the Borough on
its activities and progress toward rehabilitation and reuse of the
property.
2. If the mortgage holder or lienholder fails to carry
out any material step in the approved plan, then the Public Officer
shall notify the court, which may order the bond forfeit, grant the
Borough possession of the property, and authorize the Borough to use
the proceeds of the bond for rehabilitation of the property.
[Ord. No. 10-10]
a. If no mortgage holder or lienholder is not designated
in possession of the property or does not seek to be designated in
possession of the property, then the Borough shall submit a plan to
the court. The plan shall designate the entity which shall implement
the plan, which may be the Borough or that entity designated by the
Borough.
b. The court shall grant the Borough possession of the
property if it finds that:
1. The proposed rehabilitation and reuse of the property
is appropriate and beneficial;
2. The Borough is qualified to undertake the rehabilitation
and reuse of the property; and
3. The plan submitted by the Borough represents a realistic
and timely plan for the rehabilitation and reuse of the property.
c. The Borough shall take all steps necessary and appropriate
to further the rehabilitation and reuse of the property consistent
with the plan submitted to the court.
[Ord. No. 10-10]
a. The Borough may remediate the property directly or
may designate a qualified rehabilitation entity to act as its designee
for the purpose of rehabilitation and reuse of the property consistent
with the Borough's plans and objectives. This designation shall
be made by resolution of the Mayor and the Borough Council.
b. Regardless of whether the Borough exercises its rights
directly or designates a qualified rehabilitation entity, while in
possession of the property, the Borough shall maintain, safeguard,
and maintain insurance on the property. Notwithstanding the Borough's
possession of the property, nothing shall be deemed to relieve the
owner of the property of any civil or criminal liability or any duty
imposed by reason of acts or omissions of the owner.
[Ord. No. 10-10]
a. If the Borough has been granted possession of a property,
the Borough shall be deemed to have an ownership interest in the property
for the purpose of filing plans with public agencies and boards, seeking
and obtaining construction permits and other approvals, and submitting
applications for financing or other assistance to public or private
entities.
1. For the purposes of any State program of grants or
loans, including but not limited to programs of the Department of
Community Affairs and the New Jersey Housing and Mortgage Finance
Agency, possession of a property under this subsection shall be considered
legal control of the property.
2. Notwithstanding the granting of possession to the Borough,
nothing shall be deemed to relieve the owner of the property of any
obligation the owner or any other person may have for the payment
of taxes or other Borough liens and charges, or mortgages or liens
to any party, whether those taxes, charges or liens are incurred before
or after the granting of possession.
3. The granting of possession shall not suspend any obligation
the owner may have as of the date of the granting of possession for
payment of any operating or maintenance expense associated with the
property, whether or not billed at the time of the granting of possession.
b. The court may approve the borrowing of funds by the
Borough to rehabilitate the property and may grant a lien or security
interests with priority over all other liens or mortgages other than
municipal liens. Prior to granting this lien priority, the court shall
find that: 1) the Borough sought to obtain the necessary financing
from the senior lienholder, which declined to provide such financing
on reasonable terms; 2) the Borough sought to obtain a voluntary subordination
from the senior lienholder, which refused to provide such subordination;
and 3) lien priority is necessary in order to induce another lender
to provide financing on reasonable terms. No lien authorized by the
court shall take effect unless recorded in the office of the Clerk
of the County in which the property is located. For the purposes of
this section, the cost of rehabilitation shall include reasonable
non-construction costs such as architectural fees or construction
permit fees customarily included in the financing of the rehabilitation
of residential property.
c. Where the Borough has been granted possession by the
court in the name of the Borough, the Borough may seek the approval
of the court to assign its rights to another entity, which approval
shall be granted by the court when it finds that: 1) the entity to
which the Borough's rights will be assigned is a qualified rehabilitation
entity; and 2) the assignment will further the purposes of this subsection.
d. Where the Borough has designated a qualified rehabilitation
entity to act on its behalf, the qualified rehabilitation entity shall
provide quarterly reports to the Borough on its activities and progress
toward rehabilitation and reuse of the property. The Borough or qualified
rehabilitation entity, as the case may be, shall provide such reports
to the court as the court determines to be necessary. If the court
finds that the Borough or its designee have failed to take diligent
action toward rehabilitation of the property within one year from
the grant of possession, then the court may request the Borough to
designate another qualified rehabilitation entity to exercise its
rights, or if the Borough fails to do so, may terminate the order
of possession and return the property to its owner.
e. The Borough shall file a notice of completion with
the court, and shall also serve a copy on the owner and any mortgage
holder or lienholder, at such time as the Borough has determined that
no more than six months remain to the anticipated date on which rehabilitation
will be complete. This notice shall include an affidavit of the Public
Officer attesting that rehabilitation can realistically be anticipated
to be complete within that time period and a statement setting forth
such actions as it plans to undertake to ensure that reuse of the
property takes place consistent with the plan.
[Ord. No. 10-10]
a. An owner may petition for reinstatement of the owner's
control and possession of the property at any time after one year
from the grant of possession, but no later than 30 days after the
Borough has filed a notice of completion with the court or, in the
event the notice of completion is filed within less than one year
of the grant of possession, within 30 days after the Borough has filed
notice.
b. The court may allow additional time for good cause
if that additional time does not materially delay completion of the
rehabilitation, place undue hardship on the Borough, or affect any
of the terms or conditions under which the Borough has applied for
or received financing for the rehabilitation of the property.
[Ord. No. 10-10]
Any petition for reinstatement of the owner's control and
possession of the property shall:
a. Include a plan for completion of the rehabilitation
and reuse of the property consistent with the plan previously approved
by the court;
b. Provide legally binding assurances that the owner will
comply with all conditions of any grant or loan secured by the Borough
or repay those grants or loans in full, at the discretion of the maker
of the loan or grant; and
c. Be accompanied by payment equal to the sum of: (1)
all Borough liens outstanding on the property; (2) all costs incurred
by the Borough in bringing action with respect to the property; (3)
any costs incurred by the Borough not covered by grants or loans to
be assumed or repaid pursuant to this subsection; and (4) any costs
remaining to complete rehabilitation and reuse of the property, as
determined by the Public Officer, which payment shall be placed in
escrow with the Clerk of the Court pending disposition of the petition.
[Ord. No. 10-10]
a. Prior to the granting of a petition on the part of
the owner by the court, the owner may be required to post a bond or
other security in an amount determined by the court, after consultation
with the Public Officer, as likely to ensure that the owner will continue
to maintain the property in sound condition. That bond or other security
shall be made available to the Borough to make any repair on the property
in the event of a code violation which is not corrected in timely
fashion by the owner. The bond or other security may be forfeited
in full in the event that the owner fails to comply with any requirement
imposed as a condition of the reinstatement petition.
b. The owner may seek approval of the court to be relieved
of this requirement after five years, which shall be granted if the
court finds that the owner has maintained the property in good repair
during that period, that no material violations affecting the health
and safety of the tenants have occurred during that period, and that
the owner has remedied other violations in a timely and expeditious
fashion.
[Ord. No. 10-10]
If the owner fails to petition for the reinstatement of control
and possession of the property within 30 days after the entity in
possession has filed a notice of completion or in any event within
two years after the initial grant of possession, or if the owner fails
to meet any conditions that may be set by the court in granting a
reinstatement petition, upon petition from the entity in possession,
the court may grant the Borough title or authorize the Borough to
sell the property subject to any restrictions as may be set forth
in this section.
[Ord. No. 10-10]
a. Where the Borough seeks to gain title to the property,
it shall purchase the property for fair market value on such terms
as the court shall approve and may place the proceeds of sale in escrow
with the court.
1. The court may authorize the Borough to sell the building
free and clear of liens, claims and encumbrances, in which event all
such liens, claims and encumbrances shall be transferred to the proceeds
of sale with the same priority as existed prior to resale, except
that municipal liens shall be paid at settlement.
2. The proceeds of the purchase of the property shall be distributed as set forth in subsection
12-19.24 of this section.
b. The Borough may seek approval of the court to sell
the property to a third party when the court finds that such conveyance
will further the effective and timely rehabilitation and reuse of
the property.
c. Upon approval by the court, the Borough shall sell
the property on such terms and at such price as the court shall approve,
and may place the proceeds of sale in escrow with the court.
[Ord. No. 10-10]
The proceeds paid shall be distributed in the following order
of priority:
a. The costs and expenses of sale;
b. Other governmental liens;
c. Repayment of principal and interest on any borrowing
or indebtedness incurred by the Borough and granted priority lien
status;
d. A reasonable development fee to the Borough consistent
with the standards for development fees established for rehabilitation
programs by the New Jersey Department of Community Affairs or the
New Jersey Housing and Mortgage Finance Agency;
e. Other valid liens and security interests, in accordance
with their priority; and
[Ord. No. 10-10]
The Public Officer, with the approval of the court, may place
a lien on the property to cover any costs of the Borough in connection
with the aforementioned proceedings incurred prior to the grant by
the court of an order of possession, which may include costs incurred
to stabilize or secure the property to ensure that it can be rehabilitated
in a cost-effective manner. Any such lien shall be considered a Borough
lien.
[Ord. No. 10-10]
A court may in its discretion deny a lienholder or mortgage
holder any or all rights or remedies afforded lienholders and mortgage
holders under this section, if the court finds that the owner of a
property owns or controls more than a 50% interest in, or effective
control of, the lienholder or mortgage holder or that the familial
or business relationship between the lienholder or mortgage holder
and the owner precludes a separate interest on the part of the lienholder
or mortgage holder.
[Ord. No. 10-10]
With respect to any lien placed against any real property, the
Borough shall have recourse with respect to the lien against any asset
of the owner of the property, if an individual; against any asset
of any partner, if a partnership; and against any asset of any owner
of a 10% interest or greater, if the owner is any other business organization
or entity recognized pursuant to law.
[Ord. No. 10-10]
The Borough may hold special tax sales with respect to those
properties eligible for tax sale which are also on an abandoned property
list. If the Borough elects to hold a special tax sale, it shall conduct
that sale subject to the following provisions:
a. The Borough shall establish criteria for eligibility
to bid on properties at the sale, which may include, but shall not
be limited to: documentation of the bidder's ability to rehabilitate
or otherwise reuse the property consistent with Borough plans and
regulations; commitments by the bidder to rehabilitate or otherwise
reuse the property consistent with Borough plans and regulations;
commitments by the bidder to take action to foreclose on the tax lien
by a date certain; and such other criteria as the Borough may determine
are necessary to ensure that the properties to be sold will be rehabilitated
or otherwise reused in a manner consistent with the public interest;
b. The Borough may establish minimum bid requirements
for a special tax sale that may be less than the full amount of the
taxes, interest and penalties due, the amount of such minimum bid
to be at the sole discretion of the Borough, in order to ensure that
the properties to be sold will be rehabilitated or otherwise reused
in a manner consistent with the public interest;
c. The Borough may combine properties into bid packages,
and require that bidders place a single bid on each package, and reject
any and all bids on individual properties that have been included
in bid packages;
d. The Borough may sell properties subject to provisions
that, if the purchaser fails to carry out any commitment that has
been set forth as a condition of sale pursuant to paragraph a. of
this subsection or misrepresents any material qualification that has
been established as a condition of eligibility to bid pursuant thereto,
then the properties and any interest thereto acquired by the purchaser
shall revert to the Borough, and any amount paid by the purchaser
to the Borough at the special tax sale shall be forfeited to the Borough;
e. In the event there are two or more qualified bidders
for any property or bid package in a special tax sale, the Borough
may designate the unsuccessful but qualified bidder whose bid was
closest to the successful bid as an eligible purchaser;
f. In the event that the purchaser of that property or
bid package fails to meet any of the conditions of sale established
by the Borough pursuant to this subsection, and their interest in
the property or properties reverts to the Borough, the Borough may
subsequently designate the entity previously designated as an eligible
purchaser as the winning bidder for the property or properties, and
assign the tax sale certificates to that entity on the basis of that
entity's bid at the special tax sale, subject to the terms and
conditions of the special tax sale.
g. The Borough shall provide notice of a special tax sale
pursuant to N.J.S.A. 54:5-26. The notice shall include any special
terms of sale established by the Borough pursuant to paragraphs b,
c, or d. of this subsection. Nothing shall prohibit the Borough from
holding a special tax sale on the same day as a standard or accelerated
tax sale.
[Ord. No. 10-10]
With respect to any eminent domain proceeding carried out under
a tax sale of abandoned property, the fair market value of the property
shall be established on the basis of an analysis which determines
independently:
a. The cost to rehabilitate and reuse the property for
such purpose as is appropriate under existing planning and zoning
regulations governing its reuse or to demolish the existing property
and construct a new building on the site, including all costs ancillary
to rehabilitation such as, but not limited to, marketing and legal
costs;
b. The realistic market value of the reused property after
rehabilitation or new construction, taking into account the market
conditions particular to the neighborhood or subarea of the Borough
in which the property is located; and
c. The extent to which the cost exceeds or does not exceed
the market value after rehabilitation, or demolition and new construction,
and the extent to which any "as is" value of the property prior to
rehabilitation can be added to the cost of rehabilitation or demolition
and new construction without the resulting combined cost exceeding
the market value as separately determined. If the appraisal finds
that the cost of rehabilitation or demolition and new construction,
as appropriate, exceeds the realistic market value after rehabilitation
or demolition and new construction, there shall be a rebuttable presumption
in all proceedings under this subsection that the fair market value
of the abandoned property is zero, and that no compensation is due
the owner.
[Ord. No. 10-10]
If a property, which an entity other than the Borough has purchased
or taken assignment from the Borough of a tax sale certificate, is
placed on the abandoned property list, the property shall be removed
from the list if the owner of the certificate pays all Borough taxes
and liens due on the property within 30 days after the property is
placed on the list; provided, however, that if the owner of the certificate
fails to initiate foreclosure proceedings within six months after
the property was first placed on the list, the property shall be restored
to the abandoned property list.
[Ord. No. 10-10]
a. Any interested party may submit in writing a request
to the Public Officer that a property be included on the abandoned
property list, specifying the street address and block and lot number
of the property to be included and the grounds for its inclusion.
Within 30 days of receipt of any such request, the Public Officer
shall provide a written response to the party, either indicating that
the property will be added to the list of abandoned properties or,
if not, the reasons for not adding the property to the list.
b. Any interested party may participate in any redetermination
hearing held by the Public Officer. Upon written request by any interested
party, the Public Officer shall provide the party with at least 20
days' notice of any such hearing. The party shall provide the
Public Officer with notice at least 10 days before the hearing of
its intention to participate and the nature of the testimony or other
information that it proposes to submit at the hearing.
[Ord. No. 18-10]
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 Keyport so as to protect public health, safety and welfare, and
to prescribe penalties for the failure to comply.
[Ord. No. 18-10]
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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
A conveyance or system of conveyances (including roads with
drainage systems, municipal streets, catch basins, curbs, gutters,
ditches, manmade channels, or storm drains) that is owned or operated
by Borough of Keyport or other public body, and is designed and used
for collecting and conveying stormwater. In municipalities with combined
sewer systems, MS4s do not include combined sewer systems, which are
sewer systems that are designed to carry sanitary sewage at all times
and to collect and transport stormwater from streets and other sources.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
STORM DRAIN INLET
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.
WATERS OF THE STATE
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. 18-10]
No person in control of private property (except a residential
lot with one 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 biturnen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
a. Already meets the design standard below to control
passage of solid and floatable materials; or
b. Is retrofitted or replaced to meet the standard in subsection
12-20.4 below prior to the completion of the project.
[Ord. No. 18-10]
Storm drain inlets identified in subsection
12-20.3 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
12-20.4c 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 square inches, or is
no greater than 0.5 inches 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 or more clear spaces) shall have an area
of no more than seven square inches, or be no greater than two 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) that is designed, at a minimum, to prevent delivery of
all solid and floatable materials that could not pass through one
of the following:
(a)
A rectangular space 4 5/8 inches long and
1 1/2 inches wide (this option does not apply for outfall netting
facilities); or
(b)
A bar screen having a bar spacing of 0.5 inches.
3. Where flows are conveyed through a trash rack that
has parallel bars with one 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. 18-10]
This ordinance shall be enforced by the Code Enforcement Official
of the Borough of Keyport.
[Ord. No. 18-10]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $1,500 for
each storm drain inlet that is not retrofitted to meet the design
standard.
[Added 7-24-2018 by Ord.
No. 14-18]
When a rental property has become the source of at least two
substantiated complaints, the landlord is required to post a bond
or equivalent security to compensate for any future damage or expense
suffered from future repetition of disorderly, indecent, tumultuous
or riotous conduct.
[Added 7-24-2018 by Ord.
No. 14-18]
The Borough Council finds, determines and declares that:
a. Keyport and its citizens have experienced disturbances,
damage and public expense resulting from carelessly granted and inadequately
supervised rentals to irresponsible tenants and/or vacationers by
inept or indifferent landlords.
b. This section is enacted to preserve the peace and tranquility
of the community for its permanent residents, and to maintain the
municipality for all persons and families availing themselves of the
facilities in the community.
c. The enactment of this section is necessary and desirable
to provide a means to curb and discourage those occasional excesses
arising from irresponsible rentals, seasonal or otherwise.
d. The Legislature of the State of New Jersey enacted
N.J.S.A. 40:48-2.12n et seq., to enable certain communities to take
effective action to assure that excesses, when they occur, shall not
be repeated, and that landlords be held to sufficient standards of
responsibility.
[Added 7-24-2018 by Ord.
No. 14-18]
For the purpose of this section, the following meanings shall
apply:
HEARING OFFICER
A licensed attorney of the State of New Jersey appointed
by the Mayor and Council. The hearing officer shall not own or lease
any real property within the Borough, nor hold any interest in the
assets of or profits arising from the ownership of such property.
LANDLORD
The person or persons who own or purport to own any building
in which there is rented or offered for rent housing space for living
or dwelling under either a written or oral lease, which building contains
no more than four dwelling units.
SUBSTANTIATED COMPLAINT
A complaint which may form the basis for proceedings in accordance
with the provisions of this section.
[Added 7-24-2018 by Ord.
No. 14-18]
a. If, in any twenty-four-month period, two or more complaints,
on separate occasions, of conduct, including by way of example, but
not limited to, simple assault, assault, terroristic threats, harassment,
lewdness, urinating in public, criminal mischief, or excessive noise,
upon or in proximity to any rental premises, and attributable to the
acts or incitements of any of the tenants of those premises, have
been substantiated by prosecution and conviction in any court of competent
jurisdiction as a violation of any provision of Title 2C of the New
Jersey Statutes or any municipal ordinance governing disorderly conduct,
the Borough Administrator or his/her designee may institute proceedings
to require the landlord of the rental premises to post a bond against
the consequences of future incidents of the same character.
1. In the event a tenant is convicted of any of the conduct described in Subsection
12-21.3a of this section, the Borough Administrator shall cause notice advising that the conduct specified has occurred to be served on the landlord, in person or by registered mail, at the address appearing on the tax records of the municipality.
2. The Borough Administrator or his/her designee shall
cause to be served upon the landlord, in person or by registered mail,
to the address appearing on the tax records of the municipality, notice
advising of the institution of such proceedings, together with particulars
of the substantiated complaint(s) upon which those proceedings are
based, and of the time and place at which the hearing will be held
in the matter, which shall be in the Municipal Building or Municipal
Court, and which shall be no sooner than 30 days from the date upon
which the notice is served or mailed.
b. At the hearing convened pursuant to §
12-21.3a2 above, the hearing officer shall give full hearing to both the complaint of the municipality and to any evidence in contradiction or mitigation that the landlord, if present or represented or offering such evidence, may present. The hearing officer may consider, to the extent deemed relevant by the hearing officer, prior complaints about the residents of the property, even if those complaints did not result in a conviction. At the conclusion of the hearing, the hearing officer shall determine whether the landlord shall be required to post a bond in accordance with the terms of this section.
c. Any bond required to be posted shall be in accordance
with the judgment of the hearing officer, in light of the nature and
extent of the offenses indicated in the substantiated complaints upon
which the proceedings are based, to be adequate in the case of subsequent
offenses to make reparation for:
1. Damages likely to be caused to public or private property
consequent upon disruption of affected residents' rights of fair
use and quiet enjoyment of their premises;
2. Securing the payment of fines and penalties likely
to be levied for such offenses; and
3. Compensating the municipality for the costs of repressing
and prosecuting such incidents of disorderly behavior; provided, however,
no such bond shall be in an amount less than $500 nor more than $5,000.
The municipality may enforce the bond thus required by an action in
the Superior Court, and shall be entitled to an injunction prohibiting
the landlord from making or renewing any lease of the affected premises
for residential purposes until that bond or equivalent security, in
satisfactory form and amount, has been deposited with the municipality.
d. Any bond or other security deposited in compliance with §
12-21.3c3 above shall remain in force for a period of four years. Upon the lapse of the four-year period, the landlord shall be entitled to the discharge of the bond, unless prior thereto further proceedings leading to a forfeiture or partial forfeiture of the bond or other security shall have been had under Subsection
12-21.4 below, in which case the security shall be renewed in an amount and for a period that shall be specified by the hearing officer. A transfer of ownership or control of the property shall not void a requirement of security imposed under this section. The person or persons to whom ownership or control is transferred shall maintain that security, and shall be subject to injunctive proceedings as authorized by §
12-21.3c above in the same manner as the landlord upon which the requirement was originally imposed; provided however, the Mayor and Council may by resolution shorten the period for which security is required to not less than one year from the date of the transfer of ownership or control, if during that year no substantiated complaints are recorded with respect to the property in question.
[Added 7-24-2018 by Ord.
No. 14-18]
a. If, during the period for which a landlord is required to give security pursuant to Subsection
12-21.3 above, a substantiated complaint is recorded against the property in question, the Borough Administrator or his/her designee may institute proceedings against the landlord for the forfeiture or partial forfeiture of the security, for an extension of the period for which the security is required, or for an increase in the amount of security required, or for any or all of those purposes.
b. Any forfeiture or partial forfeiture of security shall be determined by the hearing officer solely in accordance with the amount deemed necessary to provide for the compensatory purposes set forth in Subsection
12-21.3c above. Any decision by the Hearing Officer to increase the amount or extend the period of the required security shall be determined in light of the same factors set forth in Subsection
12-21.3c above, and shall be taken only to the extent that the nature of the substantiated complaint or complaints out of which proceedings arise under this action indicates the appropriateness of such change in order to effectually carry out the purposes of this section. The decision of the hearing officer in such circumstances shall be enforceable in the same manner as provided in Subsection
12-21.3c above.