[Ord. No 26-76]
The Mayor and Council of the Borough, pursuant to the provisions of the State Uniform Construction Code Act (R.S. 52:27D-119 et seq.) hereinafter referred to as the Act, and the regulations lawfully promulgated by the Commissioner of the Department of Community Affairs, hereinafter referred to as the Regulations, for the New Jersey Uniform Construction Code, hereinafter referred to as the Code, hereby establishes the following ordinance.
[Ord. No. 26-76, A1; Ord. No. 14-2006]
a. 
Short title. This section shall be known and may be cited and referred to as the Cliffside Park Construction Code Agency Ordinance.
b. 
Purpose. It is the intent and purpose of this section to implement the Act by providing for the administration and enforcement thereof within the Borough by a Borough enforcing agency and the County Construction Board of Appeals and to establish fire limits in the Borough.
c. 
Specific terms. The definitions set forth in the Act and in the Regulations are hereby incorporated herein by this reference thereto.
d. 
Other references. Whenever in the administration and enforcement of this section it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition (if any) of such term in:
1. 
The Municipal Land Use Law.
2. 
The Cliffside Park Land Use Ordinance.
3. 
Chapter 27 of Title 40 of the Revised Statutes of the State of New Jersey entitled County Planning.
4. 
Chapter 16A of Title 58 of the Revised Statutes of New Jersey entitled Flood Control and the regulations issued pursuant thereto.
5. 
The Revised Ordinances of Cliffside Park.
6. 
The State of New Jersey Revised Statutes, Cumulative Supplement and New Jersey Statutes.
[Ord. No. 25-76, A2]
a. 
Establishment. There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the Cliffside Park Construction Code Agency, hereinafter referred to as the agency.
The agency shall consist 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 shall hereafter adopt as part of the Code, provided, however, that in lieu of any subcode official hereinbefore designated, the Borough may, pursuant to the applicable sections of the Act and the Regulations, provide for inspections by approved inspection authorities referred to in the Regulations as on-site inspection agencies.
There may also be appointed such assistants and staff as the Borough Council may hereafter by resolution determine to be necessary for the efficient and comprehensive administration of the Code.
b. 
Qualifications. All persons appointed to any of the positions described in section 11-1.2a shall have the qualifications required by the Act and by the Regulations for such positions.
All on-site inspection agencies shall have been duly approved in accordance with the requirements of the Act and of the Regulations.
c. 
Term of office. The term of office of the construction code official and of all subcode officials shall be four years. Vacancies that occur prior to the expiration of any term shall be filled for the unexpired term only.
d. 
Organization. The construction code official shall be the chief administrator of the agency. All subcode officials, assistants and staff serving the agency shall be subject to the procedures and policies of the agency and shall be primarily responsible to the construction code official for the performance of their duties in the administration of the Code.
The construction code official shall be responsible for so organizing the operations of the agency that the plan review of each properly filed and complete application by all subcode officials shall be undertaken, completed and acted upon in the manner and within the applicable time limitations prescribed by the Act and by the Regulations.
Except in case of emergency or unforeseen or unavoidable circumstances, all transactions between the agency and the public shall occur at the central permit office of the agency at the Borough Hall, Jersey and Palisade Avenues, Cliffside Park, New Jersey.
e. 
Administrative procedures. The administration and enforcement procedures of the agency shall be conducted in conformity with the directives of the Act and the Regulations.
In addition to furnishing in the application filed with the agency, the information and exhibits required by the agency, the applicant shall also file as a condition precedent to the processing of any application, an application for a zoning permit as defined by the Municipal Land Use Law. No application shall be processed by the agency if the subject matter of the application fails to qualify for a zoning permit.
[Ord. No. 2017-03; Ord. No. 6-78; Ord. No. 18-80, S1, 2; Ord. No. 4-83; Ord. No. 8-87; Ord. No. 18-89; Ord. No. 4-91; Ord. No. 2017-03]
SCHEDULE A
BUILDING SUBCODE FEES
a.
New Construction (Per cubic foot of volume)
$0.30
b.
Renovation/Alteration/Repair:
Per $1,000.00 of estimated cost
$30.00
Minimum Fee
$50.00
c.
Demolition:
One- to Two-family residential
$150.00
Garage/Accessory/Residential
$50.00
Multi Family
$250.00
Each Unit over three — Add
$50.00
Commercial/Industrial to 10,000 square feet
$350.00
Each additional 1,000 square feet — Add
$25.00
d.
Certificate of Occupancy/Approval:
One to Two family residential
$50.00
Multifamily
$100.00
Each Unit over two — Add
$35.00
Business/Mercantile
$50.00
Certificate of Approval
$50.00
Certificate of Continued Occupancy
$50.00
Accessory Uses
$50.00
Assembly Uses
$50.00
Factory/Industrial Storage
$25.00
Up to 10,000 square feet
$250.00
Each additional 1,000 square feet — Add
$25.00
e.
Elevators/Escalators/Chair Lifts:
Per $1,000.00 cost of installation
$15.00
Minimum Fee
$250.00
Reinspection
$60.00
Five Year Inspection
$200.00
f.
Fences:
Up to Six (6) Feet
$100.00
Over Six (6) Feet
$200.00
g.
Signs:
Per Square foot of surface
$5.00
Minimum Fee
$50.00
h.
Swimming Pools:
In-Ground
$50.00
Above Ground
$25.00
i.
Information Letters:
Banks, Attorneys, Engineers, etc
$20.00
j.
Asbestos Removal:
State Mandates Fee including C.O.
$100.00
(Add $10.00 for C.O.)
k.
Application for Variation
$100.00
l.
Mechanical Systems and Equipment
10% of New Structure Fee
m.
Alarm/Supervisor and Signaling Devices
First 5 Devices
$35.00
Each additional Device
$40.00
SCHEDULE B
FIRE SUBCODE FEES
a.
Suppression System:
Up to 25 Heads
$100.00
26 to 75 Heads
$125.00
76 to 100 Heads
$150.00
Each 100 Heads or part of thereafter — Add
$200.00
b.
Stand Pipe per Riser:
2 1/2 Inch
$150.00
Over 2 1/2 Inch to 4 Inch
$200.00
4 Inch to 6 Inch
$300.00
Over 6 Inches
$400.00
c.
Suppression System Over Stove:
Restaurants
$100.00
d.
Automatic Fire Alarm System:
Supervised — Annunciator panel, etc.
$100.00
e.
Manual Fire Alarm System
$50.00
f.
Commercial Storage Tanks:
Up to 999 gallons residential
$50.00
1,000 to 2,999 gallons
$100.00
3,000 to 4,999 gallons
$200.00
Over 5,000 gallons
$300.00
g.
Underground Storage Tanks:
Closure or removal
$100.00
h.
Gas or Oil Fired Appliances:
Not connected to the plumbing system
$100.00
i.
Minimum Fee:
Includes fire detection system up to 5 heads
$50.00
j.
Fire Pump
$150.00
k.
Special Suppression (Halon, CO2, Foam, etc.):
$20.00
Per $1,000.00 of construction cost minimum
$200.00
SCHEDULE C
PLUMBING SUBCODE FEES
a.
Fixtures/Stacks:
New or replacement — each
$10.00
b.
Special Devices:
Gas Piping/Service connection
$50.00
Fuel oil piping
$50.00
Water heater
$50.00
Steam boiler
$50.00
Hot water boiler
$50.00
Sewer Pump
$50.00
Interceptor/Separator oil
$50.00
Grease trap
$50.00
Water Cooled A/C or Refrigeration Unit
$50.00
c.
Installation or Replacement or Water Services:
Up to 1 inch
$50.00
1 1/2 inch
$50.00
2 inch
$50.00
2 1/2 inch
$60.00
3 inch
$75.00
4 inch
$150.00
5 inch or over
$250.00
d.
Installation/Replacement Sewers:
4 inch Sewer
$50.00
5 inch Sewer
$50.00
6 inch Sewer
$150.00
Over 6 inch Sewer
$350.00
e.
In-Ground Pools
$100.00
f.
Active Solar System
$100.00
SCHEDULE D
ELECTRICAL SUBCODE FEES
a.
Switching/Lighting/Receptacle Outlets:
1-50
$50.00
Each additional 25
$10.00
b.
Service Panels Entrance/Sub-Panels:
0-200 Amps
$50.00
Over 200 to 300 Amps
$60.00
Each additional 100 Amps — Add
$50.00
c.
Motors:
Fractional up to one hp
$50.00
Over 1 hp/kW to 10 hp/kW
$50.00
Over 10 hp/kW to 50 hp/kW
$75.00
Over 50 hp/kW to 100 hp/kW
$100.00
Over 100 hp/kW
$400.00
d.
Electrical Devises/Generators/Transformers/Vaults:
Up to 45 K.V./kW
$50.00
Over 45 K.V./kW to 112.5 K.V
$100.00
Over 112.5 K.V./kW
$400.00
e.
Line Items:
Range Over Surface Unit
$35.00
Dishwasher/Dryer
$35.00
Water Heaters
$35.00
Garbage Disposal (Replacement Only)
$35.00
Intercom System
$25.00
Heating Unit (Wiring)
$35.00
Whirlpool/Spa
$35.00
Pool Bonding (including G.F.I. recep.)
$100.00
Baseboard Head (by kW size)
$______
Smoke/Heat Detectors 1-5
$10.00
Smoke/Heat each additional 3 — Add
$35.00
Outdoor Light poles — Each
$35.00
A/C Units (Residential/Commercial)
$35.00
Heat Pump (By hp. Size)
$_______
Temporary Pole
$35.00
Burglar Alarms
$35.00
Thermostats
$25.00
[Ord. No. 26-76, S5]
The following fire limits established pursuant to N.J.A.C. 5:23 shall be incorporated herein by July 1, 1977.
Review. The construction official shall prepare and submit to the Borough Council biannually, a report re-evaluating the delineation of the fire limits.
The report shall indicate the adequacy and extent of the fire limit delineations and shall include the recommendations, if any, of the officials, for revision of the fire limits, together with the reasons for such recommendations.
[Ord. No. 26-76, A6]
a. 
No variations from the requirements of any subcode shall be permitted unless there shall have been made the following findings:
1. 
That strict compliance with any specific subcode provision, if required, would result in practical difficulty to the applicant.
2. 
That the variation, if granted, will not jeopardize the health, safety and welfare of intended occupants and the public generally.
b. 
Application. An application for a variation pursuant to this subsection shall be filed in writing with the construction official and shall set forth specifically:
1. 
A statement of the requirements of the subcode from which a variation is sought.
2. 
A statement of the manner by which compliance with the provisions would result in difficulties.
3. 
A statement of the nature and extent of such practical difficulties.
4. 
A statement of feasible alternatives to the requirements of the subcode which would adequately protect the health, safety and welfare of the occupants or i tended occupants and the public generally.
c. 
Review.
1. 
Within 20 business days next succeeding the receipt by the construction official of the application, it shall be denied or granted by written order stating the reasons therefor. The application shall be deemed denied for purposes of appeal if no decision is forthcoming within such 20 day period. Records of all applications for variation and actions taken thereon shall be available for public inspection at the enforcing agency during normal business hours.
2. 
The appropriate subcode official shall make the final determination with respect to matters within his jurisdiction. The construction official shall notify the applicant of that determination. Whenever an application for a variation shall result in contradictory or inconsistent determinations by different subcode officials having jurisdiction, the construction official shall rule as to which subcode official's determination shall be final, and shall notify the applicant of that ruling. Whenever the construction official shall be certified in a particular subcode, he may modify the determination of the subcode official.
[Ord. No. 26-76, A7]
a. 
Minimum Standards. All standards and restrictions set forth in this section shall be interpreted and applied as minimum requirements. Nothing herein contained shall be construed to prohibit or prevent the use of higher or more restrictive standards or requirements that may appear in any other lawfully applicable statutes, ordinances, regulations, rules, deed restrictions or covenants.
b. 
Land use ordinance. Whenever the clear context of this section does not require a contrary interpretation, this section shall be read in para materia with the Cliffside Park land use ordinance.
c. 
Severability. If any section, paragraph, subdivision, clause or provision of this section shall be adjudged invalid or in conflict with any superseding or paramount statute or regulation, county, State or Federal, such adjudication shall apply paragraph, subdivision, clause or provision so adjudged and the remainder of the section shall be deemed valid and effective.
[Ord. No. 18-76; Ord. No. 4-77; Ord. No. 33-77; Ord. No. 11-77; Ord. No. 23-80; Ord. No. 8-81; Ord. No. 15-81; Ord. No. 22-81; Ord. No. 1-83; Ord. No. 14-86; Ord. No. 9-89; Ord. No. 11-90; Ord. No. 5-93; Ord. No. 8-93; amended 2-5-2019 by Ord. No. 2019-02]
 
ARTICLE I. Terminology
As used in this chapter, the following terms shall have the meanings indicated:
DWELLING
Any building or structure or trailer or land being used as a trailer park, rented or offered for rent, to one or more tenants or family units. Exempted from this section are public housing and dwelling space in any motel, hotel or any other premises primarily serving transient guests and similar type buildings in which at least 1/3 of the occupied floor space is commercial and dwelling places of three units or less. Housing units of three families in which one of the units is owner-occupied shall also be exempt. In any multiple-unit structure containing three or more dwelling units, wherein a minimum of three dwelling units are rented by tenants, and are not owner-occupied, such rented dwelling units shall be subject to the rent control regulations of the Borough. Housing units newly constructed and rented for the first time are exempt and the initial rent may be determined by the landlord and thereafter all subsequent rents shall be subject to the provisions of this section.
HOUSING SPACE
That portion of a dwelling, rented or offered for rent for living or dwelling purposes to one individual or family unit, together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy of such portion of the property.
INDEX
The consumer price index (all items) for the region of the United States of which Cliffside Park, New Jersey, is a part, published periodically by the Bureau of Labor Statistics, United States Department of Labor.
LANDLORD
The person who owns, purports to own or exercises control of any dwelling.
PERIODIC TENANT
Any month-to-month tenant or any tenant at will, or sufferance, or any tenant having a lease for a term of less than one year.
RENT
The amount of consideration including any bonus, benefit or gratuity demanded or received by virtue of any agreement between the parties whereby upon the payment of a sum certain by the one party (hereinafter "tenant"), the other (hereinafter "landlord") allows to him the peaceful and quiet enjoyment of the use and occupation of the unit of housing space for that time period. If the parties agree that rent is to be paid upon some interval other than one month, then that shall be construed as an alternative method of payment and the monthly rent shall be calculated by apportioning the rent so as to determine the sum due for the term of one month. Where the parties have covenanted to provide for increments during the term of their agreement, such increments shall not be averaged up as an alternative method of payment calculation.
SURCHARGE
Any allowable payment not included in base rent.
 
ARTICLE II. Rent Increase Calculations
a. 
Subject to the provisions of vacancy decontrol set forth in § 11-2.4, allowable rent increases for all other rental units falling within the Borough's rent leveling ordinances shall be determined as set forth herein.
b. 
At the expiration of a period of not less than 12 consecutive calendar months following the effective date of the last rental increase, a landlord may receive an increase in the rent for such rental unit not to exceed 5% of the prior base rent, subject to Subsection c below.
c. 
The maximum allowable annual rent increase that a landlord may charge a qualified senior citizen or disabled person shall be 3% of the prior base rent. The definition that shall be used to determine qualification by a senior citizen or disabled person is the definition utilized to determine protected tenancy status pursuant to the Senior Citizens and Disabled Protected Tenancy Act (N.J.S.A. 2A:18-61.22 et seq.).
d. 
The Borough's Rent Leveling Administrator is hereby empowered with the authority to hear and determine all applications for qualification as a senior citizen or disabled person.
e. 
Any rent increase other than as provided in this chapter shall be void.
Any rental which is rented for the first time or shall become vacant for any reason whatsoever shall be decontrolled. Upon the rerental of such rental unit, it shall become subject to the provisions of this section. This provision has been included to encourage improvements in rented dwelling units.
Nothing herein shall be construed as preventing a landlord and a tenant from entering into a lease for a period in excess of one year. A multiple-year lease may provide for an increase in a subsequent calendar year; provided, however, that any subsequent rental increases shall not exceed 5% for the subsequent calendar year for which an increase is provided.
The provisions of the multiple-year lease section are hereby declared to be solely for furthering the orderly administration of this chapter and shall not be construed as affecting or conditioning any rights or duties of landlords or tenants hereunder.
If Articles II through VI shall, for any reason, be adjudged by a court of competent jurisdiction to be invalid, then the establishment of rents between a landlord and a tenant shall be determined by the provisions of this section. At the expiration of a lease or at the termination of the lease of a tenant, no landlord may request or receive a percentage increase in rent for any housing space which is greater than the percentage difference between the index three months prior to the expiration or termination of the lease and the index at the date the last previous lease term commenced. For a periodic tenant whose lease term shall be less than one year, said tenant shall not suffer or be caused to pay any rent increase in any calendar year which exceeds the average index percentage differential for the calendar year prior thereto.
 
ARTICLE III. Applications to Board
a. 
A landlord may apply to the Rent Leveling Board (hereinafter "Board") for an increase in rent in excess of that permitted in Article II hereof upon a showing that:
1. 
The increases permitted in Article II hereof will not yield a rental such that the landlord will earn a fair and reasonable return pursuant to § 11-2.13.
b. 
A tenant may file a complaint with the Board for:
1. 
Relief declaring a rental increase void on grounds that it exceeds the maximum allowable rent increase permitted under this chapter.
c. 
In determining whether to grant the relief provided for under this section, it shall be the landlord's burden to demonstrate, by a preponderance of the evidence, that:
1. 
Where an application is filed pursuant to § 11-2.9a, the landlord is entitled to relief for the reasons provided for in this section; and
2. 
Where a complaint is filed pursuant to § 11-2.9B, the tenant is not entitled to relief for the reasons provided for in this section.
Prior to filing an application pursuant to § 11-2.9:
a. 
A landlord-applicant shall notify the tenant by certified mail or by personal service (provided a receipt is obtained from the tenant or an affidavit of service is sworn to), which notice shall include, but not be limited to, the amount of increase applied for, if possible, and a statement that all documentation filed with the Board shall be available for inspection at the office of the Board.
b. 
A tenant-applicant shall notify the landlord by certified mail or by personal service (provided a receipt is obtained from the landlord or an affidavit of service is sworn to) of his or her intent to file an application pursuant to § 11-2.9 and, generally, the reason(s) the tenant is seeking a reduction.
c. 
Proof of notice shall be filed along with any application to the Board. No application will be acted upon unless such proof is provided.
a. 
Immediately upon receipt of an application and proof of notice, the Board shall notify the tenant(s) and landlord of the scheduled hearing date.
b. 
If the subject of the application is an increase pursuant to § 11-2.9a1, the landlord, upon receipt of the hearing date, shall post notice thereof in conspicuous locations within the premises, including but not limited to the mail rooms, lobbies, elevators and/or laundry rooms.
a. 
For purposes of § 11-2.9a1, the year of application shall be the calendar or fiscal year immediately succeeding the calendar or fiscal year last utilized by the landlord in maintaining his books and records, and it shall be the period of operation upon which the Board shall base its determination.
b. 
Except as provided below, no increase in rent may be collected by a landlord and no decrease in rent may be withheld by a tenant, where such increase or decrease, as the case may be, is the subject of an application, until granted by the Board. The Board shall not unreasonably delay the rendering of its determination of any application.
c. 
For purposes of 11-2.9a1, in the event the Board does not render a determination within four months of the filing of the landlord's application, 1/2 of the increased rentals sought shall, at the discretion of the landlord, be collected in accordance with this chapter and shall be subject to retroactive adjustment by the Board upon its determination. Such four-month period may be extended by written consent of the landlord. In the event the Board concludes that its delay in rendering a decision is caused by the landlord, the landlord shall be prohibited from commencing any collection of increased rentals sought until the Board renders its determination.
A landlord shall be entitled to an increase in rent under this section if said landlord is being deprived of earning a fair and reasonable return on his actual investment.
a. 
The Board shall make a determination regarding the landlord's investment in the subject premises and a fair return thereon. In computing the income necessary to achieve a fair return, the Board shall allow reasonable operating expenses, considering their useful life and debt service.
1. 
The "useful life of an expense item" shall be defined as that number of years reasonably expected to pass before that same expense will again be incurred. The past history of the building, where applicable, shall be used as a guideline in determining useful life. Where the useful life of an expense item exceeds one year, such expense shall be prorated over the entire useful life of the expense item. When relief has been granted for an expense item having a useful life in excess of one year, and having a cost equal to a greater than 1% of the then-current roll, such increase shall be treated as a surcharge on the tenant's rent only for the period of the useful life of the expense item and shall thereafter terminate unless the same expense recurs. The surcharge shall not be part of the base rent. At the time of such recurrence, the newly calculated prorated expense may be added to the rent as a new surcharge as determined by the Rent Leveling Board over its then determined useful life.
2. 
Debt service shall include interest, principal reduction and mortgage insurance premium, where applicable. In the event there has been a refinancing of prior mortgages, the Board shall review actual disposition of the proceeds of the refinancing as a part of its determination of investment and debt service. Depreciation is specifically excluded as an allowable expense. Real estate tax increases directly attributable to conversions of premises to a condominium or cooperative are specifically excluded as an allowable expense. The "landlord's investment" is hereby defined as the original cash investment at the time of purchase, less any withdrawals at the time of refinancing or at any other time. No inflation factor may be applied to such investment.
b. 
The Board shall use actual expenses for the period of relief insofar as it is known at the time of the filing of the application for relief. Where such actual costs are unknown, the Board shall project said unknown costs in accordance with the following formula:
1. 
The actual costs for the calendar or fiscal year of the landlord prior to the date of filing of the application for relief shall be multiplied by the Percentage Inflation Factor (PIF) which shall yield the allowable operating expense. The PIF is defined as the percentage change of the New York/Northeastern New Jersey Consumer Price Index available for the latest 12 consecutive months available at the time of filing of the application for relief.
c. 
As a part of the application for relief, a landlord shall submit to the Board its anticipated income for the period of relief, considering all automatic increases to base rent that may come due during said period. Anticipated income shall include, but not be limited to, income from residential rents, garage rents, additional facilities and laundry and vending commissions.
d. 
The Board shall deny all or a part of the relief requested where specific findings of fact support the conclusion that the landlord purchased the subject premises for an excessive price. Excessive purchase price is hereby defined as the purchase price such that at the time of purchase a reasonable investor could not expect to earn a fair return upon his investment.
e. 
The relief granted shall increase the actual income yielded by the subject premises to that income necessary to enable the landlord to earn a fair return upon his actual investment.
f. 
Wherever practicable, the Board shall require of the applicant professionally certified documentation of all pertinent financial data offered in support of an application under this section, except that the Board may exercise its reasonable discretion to waive this requirement if the cost to the applicant is deemed to outweigh the need for professional certification.
g. 
On all applications subsequent to a conversion, the Board shall singularly analyze each item of alleged increased expenses and disregard and disallow any items attributable to said conversion.
h. 
Any increase granted under this section shall be in lieu of and not in addition to any increase granted under Article II.
i. 
No increase granted pursuant to this section shall take effect until the Borough's Construction Official or designated representative, after a reasonable inspection of the premises, notifies the Board in writing that said premises is in substantial compliance with the Borough's maintenance code and State Uniform Construction Code.
j. 
No increase granted pursuant to this section shall take effect until the Borough's Tax Collector notifies the Board in writing that all property taxes are current, except for arrearages authorized by law, and any tax rebates due have been paid.
Notwithstanding anything to the contrary herein, no landlord shall be entitled to a percentage increase greater than that permitted under Article II hereof unless the average expense ratio of the landlord for the three years preceding the year immediately preceding the year of application is less than the expense ratio for the year immediately preceding the year of application. The expense ratio means reasonable and necessary operating expenses, as defined in § 11-2.13 hereof, divided by total income.
a. 
As soon as available, but not later than six months from the date of the filing of an application for increased rental, the landlord shall file with the Board a statement of operations setting forth its actual costs for the first six months of the year of application.
b. 
In the event the landlord provides the Board with its actual cost expense reflecting the first six months of the year of application, the Board may dispense with the review as provided for in this section.
c. 
The Board shall review the statement of operations, may hold public hearings and/or require the filing of additional data. Within two months of receipt of the statement of operations, the Board shall make such adjustments to the relief granted as is manifested by the actual six-month cost experience. The Board is not required to make any adjustments in the relief in the event that the actual six-month cost experience does not significantly differ from the reasonable and necessary operating expenses as determined by the Board heretofore. In the event the Board shall fail to make an adjustment within the two-month period, the original relief granted shall become final. In the event the landlord shall fail to file the statement of operations within the six-month period, the relief granted shall automatically terminate and base rent shall revert to the base rents in effect prior to the date of application. For good cause shown, the Board may extend the six-month filing period for an additional period not to exceed three months. Simultaneously with the filing of the statement of operations, the landlord shall notify the affected tenants of the filing. Notwithstanding anything contained in this section, the initial determination of the Board shall be deemed final for purposes of appeal.
d. 
Any increased or adjusted rental granted pursuant to § 11-2.13 and this section shall be subject to further and retroactive adjustment subsequent to distribution from an escrow fund established.
From time to time, the Board may promulgate forms to be utilized whenever notice is required and may adopt such rules and regulations as are necessary to implement the intent of this article.
a. 
Upon submission of an application, and in addition to any fees established in § 11-2.27 hereof, the applicant shall be required to establish an escrow account with the Borough.
b. 
Upon receipt of an application for relief, the Board shall forthwith send a copy thereof to any professional experts retained to assist the Board in the processing of the application. Within five days of receipt, the professional experts shall submit to the Board an estimate of funds sufficient in amount to undertake the professional services to be rendered.
c. 
The applicant shall forthwith deposit such funds in the escrow account maintained by the Tax Collector of the Borough. The professional experts shall submit vouchers for all reasonable and necessary fees for the professional services rendered, which fees shall be paid from the escrow account in the manner prescribed by N.J.S.A. 40A:5-16 through 40A:5-18.
d. 
The professional expert shall, at the time of submission of any such voucher, forward a copy of same to the applicant. In the event that the applicant questions the reasonableness of any such voucher, the applicant shall, not later than five days after receipt of a copy of the voucher, make written protest of such voucher to the Board. In no event shall the Board authorize the payment of any voucher submitted pursuant to this section sooner than 10 days from its submission.
e. 
Any of the aforesaid moneys left in the escrow account upon completion of the application shall be returned to the applicant as soon as is practicably possible.
f. 
Should additional funds be required after the original funds are exhausted, such funds shall be necessary, in the judgment of the Board, shall be paid by the applicant to the Tax Collector of the Borough and placed in the escrow account.
g. 
The Board shall take no formal action on any application unless and until all escrow funds have been deposited with the Tax Collector of the Borough and any time limitations set forth in this chapter shall be extended until all such escrow funds are deposited with the Tax Collector.
No relief shall be effective as to any new or renewal tenancy relationship entered into after the effective date of this chapter unless the landlord, as part of a lease, has provided written and conspicuous notice of the pendency or possibility of any application for relief and for the six-month review provided for in § 11-2.15 hereof, which notice shall be separately signed by the tenant. In the event of an oral lease, the landlord, at the time of the creation or renewal of the tenancy relationship, shall provide written actual notice of the aforesaid.
Where a lease is due to expire within 60 days from the granting of any relief by the Board pursuant to § 11-2.13, the tenant shall have the right to remain in possession, without renewing the lease for a period not to exceed 90 days following the date of receipt of the Board's determination. The tenant shall pay the increased rentals granted by the Board until the premises are vacated.
ARTICLE IV. Board Construction; Powers and Duties
The Rent Leveling Board as heretofore constituted is hereby continued. The members currently serving on the Board may continue to do so until their term expires and until their successors shall have qualified.
The Board shall consist of five members appointed by the Mayor with the advice and consent of the Council, all of whom shall serve without compensation and reside in the Borough. Their terms of office shall be one year. Three alternate members may be appointed by the Mayor with the advice and consent of the Council, to serve in the absence of or due to the disability of any of the regular members of the Rent Control Board. Alternate members shall serve at the discretion of the Mayor and Council. The term of office shall commence on the date of passage of this subsection and continue until the first Council meeting of the succeeding year at which time alternate members may be appointed for a period of one year unless sooner removed due to disability or by termination by the Governing Body.
a. 
The Board is hereby granted, and shall have and exercise, in addition to other powers herein granted, all the powers necessary and appropriate to carry out and execute the purposes of this chapter, including but not limited to the following:
1. 
To issue and promulgate such rules and regulations as it deems necessary to implement the purposes of this chapter, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, provided that such rules and regulations are approved, modified or disapproved by resolution of the Mayor and Council, which resolution approving, modifying or disapproving such rules and regulations shall be adopted by the Mayor and Council within 90 days from receipt thereof. In the event the Mayor and Council fail to adopt said resolution within 90 days, the rules and regulations shall be deemed to be approved by the Mayor and Council in the form submitted.
2. 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this chapter.
3. 
To hold hearings and adjudicate applications from tenants for reduced rental as provided herein.
4. 
To enforce the provisions of this chapter and to initiate proceedings in the municipal court of willful violations thereof.
5. 
To issue subpoenas to compel the attendance of witnesses and the production of books and records in connection with hearings held pursuant to the provisions of this chapter.
b. 
The Board shall give both landlord and tenant reasonable opportunity to be heard before making any determination.
a. 
Any determination of the Board may be appealed by an affected landlord or tenant to the governing body. The appeal shall be made in writing and filed with the Borough Clerk within 20 days from the receipt of the Board's determination and shall set forth the specific basis for the appeal. The appellant shall deliver a copy of the notice of appeal by certified mail or personal service to each affected party.
b. 
The governing body may thereafter hold a hearing on the appeal, which hearing shall be de novo unless a transcript or stipulation of facts is supplied. In the event the governing body does not hold a hearing on the appeal within 60 days of the filing of the appeal, the determination of the Board shall be deemed affirmed.
 
ARTICLE V. Responsibilities of Landlord
a. 
During the term of this chapter, the landlord shall maintain the same standards of service, maintenance, furniture, furnishings and equipment in the housing space and dwelling as he provided or was required to do by law or lease on the date the lease was entered into. Any violation hereof shall subject the landlord to punishment under § 11-2.28 hereunder.
b. 
Antiharassment provisions.
1. 
Any conduct, direct or indirect, committed by a landlord, or anyone on his behalf, which results in the harassment of a tenant, including but not limited to a reduction of services, bothersome telephone calls or letters, bellringing, frivolous eviction threats or legal proceedings, shall be unlawful and shall constitute a violation of this chapter. A complaint for this violation can be brought in the Cliffside Park Municipal Court and must be filed within 90 days of the alleged act of harassment.
2. 
Upon a finding that a landlord was guilty of harassment under this section, the Court shall impose a fine of up to $2,000 per act of harassment with a minimum mandatory fine of $150 for a first offense; $300 for a second offense; and $500 for each subsequent offense. Each day or part thereof of such harassment shall constitute a separate offense for the purposes of this section. In addition, the Court may impose any one or more or parts of the following penalties:
(a) 
A forfeiture of prospective rent increases on the unit in question for a period of three years.
(b) 
Reimbursement to the aforesaid affected tenant of up to six months' rent.
No landlord shall after the effective date of this chapter charge any rents in excess of what was received before the effective date of this chapter except for increases as authorized by this chapter.
 
ARTICLE VI. Miscellaneous Provisions
There is hereby established the following Schedule of Fees for complaints and applications to the Board, which fees shall be payable to the Tax Collector of the Borough.
Type of Complaint or Application
Fee
Complaint filing fee
$100
Landlord's application for increased rental due to capital improvement
$100
Landlord's application for hardship relief
$100
A violation of any provision of this chapter, including but not limited to the filing with the Rent Leveling Board of any misstatement of fact, shall be punishable by a fine of not more than $200 and imprisonment for not more than 30 days, or both. A violation affecting more than one leasehold shall be considered a separate violation as to each leasehold.
The Mayor and Council reserve and retain the right to annually appoint an attorney to represent the Rent Leveling Board and set his or her salary.
 
ARTICLE VII. Applications for Reduced Rent Increase Percentages
a. 
All persons seeking to qualify as senior citizen or disabled person shall complete application forms provided by the Rent Board.
b. 
The determination as to eligibility shall be made by the administrator of the Rent Leveling Board and is appealable to the Rent Leveling Board within 20 days. The decision of the Rent Leveling Board shall be final.
c. 
Hearings by the Rent Leveling Board on such appeals shall be held in closed session, with only the affected landlord and tenant and their agents in attendance. All data utilized at such hearing shall be held in strict confidence at the request of the tenant.
d. 
Once a tenant obtains initial eligibility, said tenant must certify at the expiration of every two years thereafter as to his/her continued eligibility. Such certification forms shall be provided by the Rent Leveling Board.
e. 
Said certification must be completed by an eligible tenant not less than three months prior to lease renewal or annual rent increase.
f. 
For good cause shown, a landlord may apply to the Rent Leveling Board for a hearing on the question of a tenant's eligibility at the anniversary date of such tenant's eligibility after the initial two-year period of eligibility.
The administrator of the Rent Leveling Board shall serve as the administrative agent for the Borough of Cliffside Park to administer the Senior Citizens and Disabled Protected Tenancy Act.
The landlord/sponsor of each rental unit converted to a condominium or cooperative after the effective date of the Senior Citizens and Disabled Tenancy Act shall provide sufficient postage and forms for certified mailings and pay fees in accordance with the schedule listed herein.
a. 
Initial filing fee, building or project.
1. 
Less than 50 units: $125.
2. 
Less than 150 units: $225.
3. 
Less than 250 units: $325.
4. 
Two hundred fifty units or more: $425.
b. 
Application processing fee, initial and/or continued eligibility: $35 per application.
a. 
There is hereby established an Appeals Board, which Board shall hear and determine appeals from decisions rendered by the administrative agent under and pursuant to the Senior Citizens and Disabled Protected Tenancy Act.
b. 
The Appeals Board shall be composed of three members of the Rent Leveling Board to be chosen by the Rent Leveling Board (a majority thereof concurring). Said persons shall serve without compensation. The terms of each member of the Appeals Board shall be for one year or until the end of the calendar year, whichever shall first occur.
c. 
A filing fee of $75 shall be paid by each appellant and said fee must be made at the time the appeal is filed.
[Ord. No. 2010-04; amended in its entirety 2-4-2025 by Ord. No. 2025-04]
It is found that there exists in the municipality buildings that are unfit for human habitation or occupancy due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitation facilities, or due to other conditions rendering such buildings, or parts thereof, unsafe and unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the residents of the municipality. It is hereby declared that this section is in the exercise of the police powers of the municipality to order the repair, closure, demolition, or cause and order the repair, closing, or demolition of such buildings or parts thereof, and if necessary to relocate the displaced residents in the manner herein provided.
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 7-1967, 21-75, 13-2006.
[Amended 2-4-2025 by Ord. No. 2025-04]
The following terms, whenever used or referred to in this act shall have the following respective meanings for the purposes of this act, unless a different meaning clearly appears from the context:
BUILDING
Shall mean any building or structure or part thereof, whether used for human habitation or otherwise, and includes accessory buildings or structures or appurtenances belonging to a building or structure or usually enjoyed therewith.
GOVERNING BODY
Shall mean the Borough of Cliffside Park and all of its subagencies, including but not limited to Building and Zoning Department, Police and Fire Departments and outsourced Board of Health.
OWNER
Shall mean the holder of the title in fee simple, any agent of the title holder having authority to act on behalf of the owner.
PARTIES IN INTEREST
Shall mean all individuals, associations or corporations who have interests of record in a building or the land upon which it is located, and any who are in actual possession thereof.
PUBLIC AUTHORITY
Shall mean any officer who is in charge of any department or branch of the government of the municipality, county or state relating to health, fire, building regulations, or to other activities concerning buildings in the municipality.
PUBLIC OFFICER
Shall be either:
a. 
Construction Code Official;
b. 
Fire Chief;
c. 
Chief of Police;
d. 
Health Officer;
e. 
Fire Subcode Official;
f. 
Zoning Officer;
g. 
Office of Emergency Management; or
h. 
Their respective designees.
PUBLIC OFFICER
Shall mean the officer, officers, board or body who is or are authorized by ordinances adopted hereunder to exercise the powers prescribed by such ordinances and/or statute and/or state regulations.
[Amended 2-4-2025 by Ord. No. 2025-04]
That the office of the Borough Construction Code Official shall be deemed the lead agency to exercise the powers hereinafter stated in this section.
[Amended 2-4-2025 by Ord. No. 2025-04]
Whenever one of the aforestated municipal officials submits a written notice to the Borough Administrator or his designee indicating that in their visual and objective opinion a building or structure is unfit for human habitation, occupancy or use, the due process procedures delineated herein will control.
[Amended 2-4-2025 by Ord. No. 2025-04]
The public officer may make preliminary investigations and issue complaints based thereon, charging dwellings to be unfit for human habitation. Such action may be initiated by the petition of a public authority, or at least by five residents of the municipality, alleging that any building is unfit for human habitation. The complaint of the public officer shall be served on the owner of the premises in question and shall state the charges and the time necessary to remedy the stated deficiencies; N.J.S.A 40:48-2.5
[Amended 2-4-2025 by Ord. No. 2025-04]
If, after receipt of the complaint, an appeal is filed with the Construction Board of Appeals by the property owner and it is determined that the building under consideration is unfit for human habitation or occupancy or use, the Construction Board of Appeals shall state, in writing, its findings of fact in support of such determination and shall issue and cause to be served upon the owner thereof and all parties in interest. The order may require inter alia:
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 said building vacated and closed within the time set forth in the order.
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 said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
If the owner fails to comply with an order to repair, alter, improve, demolish or, at the option of the owner, to vacate or close the building, the public officer may cause such building to be repaired, altered or improved or to be vacated and closed. 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 demolished or the Borough may contract for the removal or demolition thereof after and receipt of formal quotes or bids, if demolition exceeds the cost in the local public contract threshold.
c. 
Violation penalties are those prescribed in the Uniform Construction Code.
[Amended 2-4-2025 by Ord. No. 2025-04]
Any building or buildings, or parts thereof, which is determined to have come into an emergent state of disrepair through neglect, lack of maintenance or use, fire, accident or other calamities, or through any other act rendering the building or buildings, or parts thereof, in a state of disrepair, to the extent that the building is unfit for human habitation or occupancy or use. The buildings shall be deemed inimical to the welfare of the residents of the municipality, and a public officer appointed pursuant to the provisions herein may exercise his powers to repair, demolish or cause the repairing or demolition of the building or buildings, or parts thereof, pursuant to the provisions of this section. (N.J.S.A. 40:48-2.5b).
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
The public officer may determine that a building is unfit for human habitation or occupancy or use if the public officer 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 Cliffside Park residents. Conditions may include, but are not limited to:
1. 
Defects therein increasing the hazards of fire, accident or other calamities.
2. 
Lack of adequate ventilation, light or sanitary facilities.
3. 
Dilapidation, disrepair or structural defects.
4. 
Uncleanliness.
b. 
The public officer, in reaching such determination, shall be guided, among other things, by the standards set by the Uniform Construction Code, any other provisions of law in effect in the Borough of Cliffside Park and the pertinent sections of the Revised Statutes of New Jersey (N.J.S.A. 40:48-2.4 et seq.) and/or Administrative Code.
[Amended 2-4-2025 by Ord. No. 2025-04]
Any complaint or order issued pursuant to this section shall be served upon the owner and all parties in interest either personally, by first-class and certified mail returned receipt requested, or overnight by a nationally recognized carrier. Upon posting, the service upon the owner shall be deemed complete. If, however, the whereabouts of any such owner or party in interest are unknown, the public officer shall send notice to the party's last known address by first-class and by certified mail return receipt requested in the event that were to occur the public officer shall tender an affidavit or certification confirming the lack of personal service. Service of the complaint may then be made by publishing it once each week for two successive weeks in a newspaper circulated in the Borough. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of the complaint or order shall be recorded in the office of the Bergen County Clerk. Compliance with the provisions of this section shall not be deemed a prerequisite for the Construction Code Official's order of demolition.
[Amended 2-4-2025 by Ord. No. 2025-04]
The public officer is hereby 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 power to:
a. 
Investigate the building conditions in the municipality in order to determine which buildings therein are unfit for human habitation or occupancy or use;
b. 
Administer oaths, affirmations, examine witnesses and receive evidence;
c. 
Enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
d. 
Appoint and fix the duties of such officers, agents and employees as are deemed necessary to carry out the purposes of this chapter;
e. 
Delegate any functions and powers under this chapter to such officers and agents as the public officer may designate;
f. 
If the public officer at the scene of a fire or other natural or man-made occurrence which has caused the structure to be in an emergency state of disrepair, the public officer has the discretion to order the immediate boarding of the building to secure the building and protect neighboring individuals and/or parcels. Once the order of boarding is given, the property owner shall have one hour to retain contractors to comply within the public officer's boarding directive.
If the property owner is unable to comply within the order to board the structure, the public officer shall retain an independent contractor who shall comply with the public official's order. Once the independent contractor commences work, boarding commencement shall be defined as (purchasing plywood) pursuant to the public official's order, the property owner shall not be permitted to request the discharge of the contractor chosen by the Borough.
Pursuant to this section the property owner shall be responsible for all costs incurred in complying with the emergency order to "board" or any other provision of this section.
[Amended 2-4-2025 by Ord. No. 2025-04]
If an actual and/or imminent danger to life is posed by the threatened collapse by fire or natural disaster, the municipal officials may, after taking such measures as may be necessary to make such building temporarily safe, with concurrence of the Municipal Engineer, may seek a judgment in a summary proceeding for a demolition order of the building. However, this section does not limit the emergency powers of the Construction Code Official to order the demolition, which may be implemented without a court order, if the building or structure damaged by fire or other natural disaster is in the official's professional opinion, the building or structure is deemed unsafe as defined in the State's Uniform Construction Code or other applicable DCA building regulations.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
A municipality may provide and confirmed by resolution that when a tenant residing in a structure of two dwelling units or more is displaced from his dwelling by fire or other emergency, and the damage resulting from the fire or other emergency, in the judgment of Construction Code Officials or other official charged with equivalent responsibility, is such as to render the dwellings uninhabitable, the tenant shall be deemed a displaced person under the N.J.S.A. 20:4-1 et seq. and shall be eligible for relocation assistance as afforded persons displaced as a result of the emergency.
b. 
Relocation housing shall be for a period of three business days, Saturday, Sunday, and holidays excluded. The displaced residents, after their three days housing stay, may petition the Borough's Office of Emergency Management for an additional three days of temporary housing. The Borough shall have the right to reasonably deny the additional stay request. The Borough Council in extraordinary circumstances reserves the power to extend the emergency housing period.
[Amended 2-4-2025 by Ord. No. 2025-04]
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 chapter is determined in favor of the municipality, and the entire cost of temporary shelter relocation, such repairs, alterations or improvements, or vacating and/or closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction 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 order of the public officer, if practical the Borough shall sell the materials of such building, which shall be a credit against the cost of the removal or demolition thereof, including the clearance and, if necessary leveling of the site; 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 Collector or other custodian of the records of tax liens, and a copy of the tax lien certificate shall be forwarded to the owner by first-class and certified mail returned receipt requested or any other nationally recognized overnight carrier confirming the filing of in the municipal lien certificate.
[Amended 2-4-2025 by Ord. No. 2025-04]
Nothing in this chapter shall be construed to impair or limit in any way the power of the municipality to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise, nor is anything in this act intended to limit the authority of the enforcing agency or Construction Official under the State Uniform Construction Code or any rules or regulations adopted thereunder.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
In the case of any displacement of persons by housing or Construction Code Enforcement, including any rehabilitation necessitated by that enforcement, all tenant relocation costs incurred, shall be paid by the owner of the real property to the Borough of Cliffside Park, upon presentation to the owner of a statement of those relocation costs and of the date upon which the relocation costs are due and payable.
b. 
In the event that the relocation costs to be paid to a public agency with regard to any parcel of real property shall not be paid within 10 days after the date due, interest shall accrue and be due to the public agency on the unpaid balance at the rate of 18% per annum until the costs, and the interest thereon, shall be fully paid to the public agency.
c. 
In the event that the relocation costs to be paid to a public agency with regard to any parcel of real property shall not be paid within 10 days after the date due, the unpaid balance thereof and all interest accruing thereon shall cause the Borough to file a lien on the parcel. To perfect the lien granted by this section, a statement showing the amount and due date of the unpaid balance and identifying the parcel, which identification may be sufficiently made by reference to the assessment map of the municipality, shall be submitted to the Tax Collector who shall file a tax lien, the lien shall vest, with the priority over any mortgage lien(s). Whenever relocation costs with regard to the parcel and all interest accrued thereon have been fully paid to the public agency, the tax lien shall be promptly discharged by the Borough.
d. 
The Tax Collector or other officer charged by law with the duty of enforcing municipal liens on real property shall enforce the lien thereon; the Tax Collector shall deposit in the municipal treasury the sums realized upon enforcement or upon liquidation of any property acquired by the municipality by virtue of enforcement. If the public agency placing a lien is other than an agency of the municipality, the municipality shall forthwith pay over to that public agency the sums or a pro rata share of the sums realized upon enforcement or upon liquidation of any property acquired by the municipality by virtue of that enforcement.
e. 
The owner of any parcel of real property shall have the right to appeal within 45 days of lien perfection and filing of the tax lien by the Tax Collector. The appeal shall be to the Superior Court, Law Division.
f. 
Failure to file an appeal within the 45 days from the filing of the lien, shall be conclusive proof that the owner has waived its right to appeal the Borough's decision.
[Amended 2-4-2025 by Ord. No. 2025-04]
ABANDONED PROPERTY
As defined in accordance with the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall mean the following:
a. 
Except as provided (N.J.S.A. 55:19-83), 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; or
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; or
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; or
3. 
At least one installment of property tax remains unpaid and delinquent on that property in accordance with N.J.S.A. 54:4-1 et seq., 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 in accordance with (N.J.S.A. 55:19-82).
b. 
A property which contains both residential and non-residential space may be considered abandoned pursuant to (N.J.S.A. 55:19-78 et seq.) 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 stated herein.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is or has been vacant for three or more months. Such evidence would include, but is not limited to, evidence of the existence of two or more of the following conditions at a property: overgrown or dead vegetation; accumulation of newspapers, circulars, flyers or mail; past-due utility notices or disconnected utilities; accumulation of trash, junk or debris; the absence of window coverings such as curtains, blinds or shutters; the absence of furnishings or personal items consistent with residential habitation; statements by neighbors, delivery agents, or government employees that the property is vacant or abandoned; infestation by insects, vermin, rats or other pests; windows or entrances that are boarded up or closed off; multiple window panes that are damaged, broken or unrepaired; doors that are smashed, broken, unhinged or continuously unlocked; or any uncorrected violation of a municipal building, housing or similar code during the preceding year.
b. 
Property determined to be abandoned property in accordance with the meaning of such term in the Abandoned Properties Rehabilitation Act, N.J.S.A. 55:19-78 et seq., shall also be deemed to be vacant property for the purposes of this section.
[Amended 2-4-2025 by Ord. No. 2025-04]
The title holder, or any agent of the title holder shall have the authority to act with respect to a vacant property, or any foreclosing entity subject to the provisions and NJ Statutes of this section, or any other entity determined by the Borough of Cliffside Park to have authority to act with respect to the property.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
The owner of any vacant property, as defined herein, shall, within 30 days after the building becomes vacant property or within 30 days after assuming ownership of the vacant property shall file a formal statement with the Construction Code Official for each such vacant property, establishing ownership and stating that the property is not deemed vacant. The notice shall remain valid until the end of the calendar year. The owner shall be required to commence rehabilitation or demolition of the premises within the 90 days of the filing of notice required herein, and general property maintenance within the seven days of the filling of the owner's statement with the Borough.
b. 
Failure to comply shall permit the Borough to maintain the grounds of the property or remediate as required to protect the health, safety and welfare of the Borough and its residents or order its demolition, the costs incurred pursuant to this section shall be classified as a municipal lien, as described and procedurally outlined in this section.
[Amended 2-4-2025 by Ord. No. 2025-04]
a. 
The Cliffside Park Fire and/or Police Department have the right, in an emergent situation, to forcibly enter any residential and/or commercial building.
b. 
In the event that an emergency occurs requiring forcible entry, resulting in property damage, the Borough shall not be responsible, and the full responsibility shall be upon the property owner.
c. 
The property owner shall file any and all damage claims with their insurance company or sue the person or persons responsible for causing the emergency, which resulted in the emergency response.
d. 
Damage to real or personal property is defined as follows:
1. 
Any physical damage to real and/or personal property, including but not limited to: destruction or breaking down doors, windows, roof and all personality of any type or kind; and
2. 
The cost of repair and/or replacement shall not be the responsibility of the Borough or its subjacencies, as the forcibly entry was undertaken by bona fide Fire and/or Police Department actions.
[Amended 2-4-2025 by Ord. No. 2025-04]
Any property that contains all building systems in working order, is being maintained on a regular basis, has not been cited by the Borough for any violation of municipal ordinance within the process three months and is being actively marketed by its owner for sale or rental shall not be deemed vacant.
[Ord. 5/2/72, S1]
a. 
Every person engaged in the business of constructing, erecting, altering, repairing, restoring, re-roofing, residing, moving or demolishing the whole or any part of buildings or structures, or engaged in the construction and installation of swimming pools, or engaged in the business of erecting or altering signs, for any of which a permit is required by the applicable ordinances of the Borough shall be required to register the name of such person with the building inspector and approved by the Mayor.
b. 
The owner or occupant of a building or structure applying for a permit required herein shall not be required to register provided that he intends to do his own work, and shall be approved by the Mayor.
[Ord. 5/2/72, S2]
Applications for the registration of contractors shall be submitted to the building inspector on forms supplied by him and shall include, in addition to any information he may deem necessary, a statement giving the name or corporate or firm name of the contractor and in the case of a firm, corporation or partnership, the name and address of the principal officer or member of the firm, corporation or partnership. This application shall also contain the number of years such person has been in business or in existence at the current location or any prior locations including the address of such prior locations, if any. The applicant shall state in which class he desires to be registered, choosing one or more of the classes designated in subsection 11-4.4.
[Ord. 5/2/72, S3]
a. 
No person shall be registered hereunder or shall be re-registered after revocation of registration unless there is paid to the building inspector to the account of the Borough therefor a fee of twenty five ($25.00) dollars.
b. 
After registration and for so long as the registration is not revoked under subsection 11-4.5 no subsequent fee shall be required.
[Ord. 5/2/72, S4]
For the purpose of this section, there shall be the following classes for registration:
a. 
General Contractor. A general contractor is proficient in the construction of a building or structure from start to finish and the alterations, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work either by and through his own organization or appropriate subcontractors and in the latter event, shall be completely responsible for his subcontractors work.
b. 
Contractor. A contractor who is proficient in the construction of a building or structure from start to finish and the alteration, addition to or repair of any building or structure. This class of contractor shall be equipped to handle such work by and through his own work of his own organization of employees.
c. 
Roofing and Siding Contractor. A contractor who is engaged in the business of, or who is proficient in the applying of roofing and siding materials to existing or new buildings or structures.
d. 
Demolition Contractor. A contractor who is engaged in the business of, or who is proficient in the demolishing of any building or structure in whole or in part.
e. 
Moving Contractor. A contractor who is engaged in the business of, or who is proficient in the moving of any building or structure.
f. 
Swimming Pool Contractor. A contractor who is engaged in the business of, or who is proficient in the installation of, swimming pools, their equipment or appurtenances.
g. 
Sign or Billboard Contractor. A contractor who is engaged in the business of, or who is proficient in the erection, alteration or maintenance of signs or billboards.
h. 
Miscellaneous Contractor. A contractor who is proficient in work of a special character as determined by the building inspector.
[Ord. 5/2/72, S5]
a. 
If any person registered hereunder shall fail, in the execution of any work for which a permit is required by this section, to comply with the applicable ordinances and regulations of the Borough relevant to the construction, erection, alteration, repair, restoration, re-siding, re-roofing, moving or demolition of any building, structure, swimming pool, sign or billboard or part thereof, the building inspector shall cause a notice of violation to be served upon such person or the principal member or officer of any such firm or corporation in accordance with establishing procedures as set forth in the standard building code of New Jersey.
b. 
Upon conviction for such violation, or upon failure to correct such violation within the period of time stated in the notice of violation, the registration of such person shall be revoked by the building inspector who shall strike the name of such person from the registration list and shall not re-enter or reinstate such registration during such time as the violation exists or remains. Upon revocation, the building inspector shall cause the notice of revocation to be published in a newspaper as required by law.
[Ord. 5/2/72, S6]
Any person whose registration has been revoked under the provisions of subsection 11-4.5 may re-register and have his name re-entered upon the registration list upon filing with the building inspector a certificate or affidavit to the effect that all violations with reference to which conviction was secured have been corrected or are nonexistent, and upon payment of the fee prescribed in subsection 11-4.3.
[Ord. No. 10-1962, S1]
FENCE
As used in this section shall be defined and include permanent structures of solid material such as wood, lumber or mason materials, the purpose of which is to enclose the property of the owner or a portion thereof.
[Ord. No. 10-1962, S3]
No building permit shall be issued for any fence in excess of four feet in height without authorization of the Mayor and Council.
[Ord. No. 10-1962, S4]
A building permit shall be issued only by the building inspector in the event that an application in writing is filed with him showing the following:
a. 
Sketch of the property of the applicant showing boundaries of the parcel owned by the applicant and showing the street upon which the same faces and showing the distance of the corner of the property abutting the street line to the nearest intersection.
b. 
The sketch shall show the location of the dwelling or buildings erected upon the applicant's premises, as well as the buildings erected upon adjacent premises with distances noted.
c. 
The fee for such building permit shall be two ($2.00) dollars.
[Ord. No. 10-1962, S5]
Any fence to be erected exceeding four feet in height shall be constructed in such manner that the same shall be porous of a woven wire fence or a fence constructed of horizontal or vertical members, which members shall be separated one from the other by at least the width of each. It is the purpose of such restriction of construction of fences exceeding four feet that the same shall not unreasonably limit free motion of air or the transference of light.
[Ord. No. 10-1962, S6]
Any fence constructed in accordance with this section shall not extend beyond the front portion of the main building and shall so reasonably set back from the rear and side yards of the premises so that the same may practicably be prepared and maintained without trespassing upon the adjoining premises.
[Ord. No. 15-75, S1; amended 7-14-2020 by Ord. No. 2020-05]
Chapter 11-6.1, et seq, of the General Ordinances of the Borough of Cliffside Park is hereby amended and supplemented as noted herein.
[Ord. No. 15-75, S2; amended 7-14-2020 by Ord. No. 2020-05]
Elevators are required in any and all buildings as mandated in the Administrative Code, as may be amended by the State Legislature and the Department of Community Affairs.
[Ord. No. 15-75, S3; amended 7-14-2020 by Ord. No. 2020-05]
All Service elevators shall have the minimum requirements as established by the Administrative Code, or, in its absence, shall have a minimum inside cab dimension of not less than seven feet by five feet.
[Ord. No. 15-75, S4; Ord. No. 11-89; Ord. No. 11-94; Ord. No. 1-02; Ord. No. 2009-16; amended 7-14-2020 by Ord. No. 2020-05]
a. 
All elevators, except private residence elevators, located within the Borough shall be registered with the Department of Community Affairs, Bureau of Code Services Elevator Safety Unit. A copy of this registration should also be on file with the municipal construction code official.
b. 
All private residence elevators located within the Borough shall be registered with the municipal construction code official. This registration shall be at no cost to registrant.
c. 
All elevators shall be inspected annually, excepting for residential elevators, chair lifts, dumbwaiters and manlifts.
d. 
Elevator inspection fees shall be as published in the New Jersey Administrative Code, and shall automatically be modified and included in this section by reference upon its adoption of same by the Legislature.
[Ord. No. 15-75, S5; Ord. No. 11-94; amended 7-14-2020 by Ord. No. 2020-05]
All elevators within the Borough shall be inspected annually by the office of the construction code official or its designee, who shall direct the activities of a qualified elevator subcode official to make said inspections and to provide a certification wherein that such elevator may be authorized for usage, or in lieu of the inspection a certification by an authorized elevator company or responsible and liable insurance company provided liability coverage for such elevator.
[Ord. No. 11-94; amended 7-14-2020 by Ord. No. 2020-05]
a. 
All elevator plan reviews, fees and cost analysis shall be pursuant to the Administrative Code, which is incorporated herein as if set forth in its entirety.
b. 
All fees pertaining to the elevator inspections, reviews, etc., shall be subject to the Administrative Code, which shall control over this section and shall be modified as deemed appropriate by the Legislature and incorporated herein as if set forth in its entirety.
[Ord. No. 22-75]
In order that property owners or inhabitants of property should be enabled to make certain necessary repairs to their property wherein access to the portion of the property to be repaired must be obtained by access to some other person's property, this section shall be enacted, having in mind, at all times, the rights and privileges of property owners to the unrestricted use of their own property without intrusion or use by any other person without the property owners permission, it shall be necessary and required for any person desiring to come upon anyone else's property to obtain a certificate of necessity for the purpose.
A certificate of necessity should only be issued in accordance with the provisions of this section and then, only after all other reasonable and practical means have been exhausted to avoid access to anyone else's property, and the building inspector or housing inspector or such other legally authorized or delegated Borough official shall be charged with the utmost restraint in authorizing or issuing a certificate of necessity.
A certificate of necessity can only be issued by the building inspector, housing inspector or such other delegated official, with the consent and authority or majority vote of the Mayor and Council.
[Ord. No. 22-75, S1]
Any owner of property, who, pursuant to an order of the building or housing inspector or such other delegated official duly authorized by the Mayor and Borough Council, is unable to comply with the order without having access to adjacent property, may, where such access has been denied him by the adjacent property owner, apply to the building inspector of the Borough for a certificate of necessity. The owner shall make application for the certificate of necessity by filing an affidavit showing the need for access and the refusal of the adjacent owner to permit access thereto.
Where the owner makes the application within ten days of denial of access by the adjacent owner, the building inspector may, upon showing of good faith, grant an extension of time to comply with the order sufficient to permit the owner to secure a certificate of necessity as provided herein. The building inspector shall then order to adjoining owner to appear before him (or his designated agent) on a fixed date and at a fixed time and place to show cause why an order should not be issued by him to the adjoining owner directing him to permit the requested access for the purpose herein stated.
The order shall be served personally on such owner, or by leaving a copy thereof at his place of residence with a member of the family over the age of 14 years, in which order the required appearance shall be not less than ten days from the date of service. If service of the order to show cause cannot be made as above directed, then it may be effected by certified or registered mail addressed to the place of residence of the owner, or such address which appears upon the tax assessment records of the Borough for the owner, in which case the required appearance shall be not less than 15 days from date of mailing. If the residence of such owner cannot, after due diligence, be ascertained, and an affidavit to that effect shall be made by the building inspector, then the service of such order to show cause upon such owner may be made by publishing the same once in a newspaper published or generally circulated in the Borough of Cliffside Park, in which case the order shall extend the appearance for a period of not less than 35 days and not more than 60 days from the date of publication of the order. The cost of publication of the order shall be charged to the owner upon whom rested the responsibility for compliance with an order of the building inspector or such other delegated official of the Borough. Proof of publication of such order, together with a copy of such order, shall be filed in the office of the building inspector for the Borough. A copy of any order served by publication or certified or registered mail shall be posted in a conspicuous place on the exterior of the premises effected by the order, on or before the date of the publication. The order shall apprise such owner of the reason for the requested appearance before the building inspector.
[Ord. No. 22-75, S2]
The building inspector shall on the day fixed in the order to show cause, afford the adjoining owner an opportunity to state his reasons in opposition to the requested access and if the building inspector shall, nevertheless, be satisfied that access is required to the adjoining property for the purpose hereinbefore stated, he shall issue under his hand and seal a certificate of necessity, setting forth therein the pertinent facts in connection therewith, which certificate shall thereupon entitle the owner who has been directed to make repairs to enter upon so much of the adjacent property as shall be necessary to effectively comply with the requirements of the building inspector.
The certificate of necessity shall set a reasonable time within which the work shall be done and completed, which time shall depend upon the amount of work involved. If the person to whom the order to show cause was addressed and served in accordance with the within provisions has failed to appear on the day stated therein, or at any extended time, for his appearance, the certificate of necessity may nevertheless be issued by the building inspector if he should find the requested access necessary and it shall have the same effect as if an appearance had been made.
[Ord. No. 22-75, S3]
The person to whom access has been given by such certificate of necessity shall alone assume full responsibility for any damage he may cause the adjoining owner's property. No responsibility shall attach to the building inspector or the Borough of Cliffside Park or any delegated or duly authorized representative for issuing a certificate of necessity. Prior to the issuance of a certificate of necessity, the building inspector shall ascertain the extent of the repairs required of the applicant and he shall thereupon direct the applicant to deposit with the building inspector a surety bond in favor of the adjoining owner and any other person in possession of the premises affected by the certificate of necessity, which bond shall be issued by a surety company authorized to do business in the State of New Jersey, and shall agree to indemnify the affected owner and any other person for any property damage or personal injuries, or both, which may be caused by the applicant, provided, however, that the bond shall be in a sum of not less than one thousand ($1,000.00) dollars nor more than twenty-five ($25,000.00) dollars or in the alternative with the consent of the adjoining owner, a cash deposit may be made by the person granted the certificate of necessity, and which sum shall be agreed upon by the adjoining owner, and which sum shall be held by the building inspector until the adjoining owner's property has been restored to a satisfactory condition. In fixing the amount of the bond or the cash deposit, the building inspector shall determine and take into consideration the extent and duration of the repairs to be done and the proximity of the improvements on the premises affected by the certificate of necessity to be issued. The bond shall be approved as to form by the Borough Attorney of the Borough of Cliffside Park.
[Ord. No. 22-75, S4]
Upon the refusal of the adjacent owner to permit access to his property, the building inspector shall make every effort to explore the need for a certificate of necessity and to discuss openly with both parties involved the merits of the situation in order that an amicable conclusion may be reached, without the need for a certificate of necessity.
[Ord. No. 22-75, S5]
Any refusal to comply with this section or any interference with the access to the premises as provided in the certificate of necessity shall constitute a violation of the applicable Borough ordinances.
[Ord. No. 4-81]
Whereas, the State of New Jersey has enacted Emergency Fuel Oil Delivery Act and the Mayor and Council of the Borough adopted by reference the provisions of Emergency Fuel Oil Delivery Act which enables the governing body to provide that the local health officer or other officer designated by the Mayor shall, whenever necessary to protect the health and safety of residential tenants pursuant to A-627.
[Ord. No. 4-81]
Now, therefore, be it ordained by the Mayor and Council of the Borough that the provisions of this section are intended to enable the governing body to authorize and implement all of the provisions of A-627 of the State of New Jersey adopted therein on May 19, 1980.
[Ord. No. 13-82]
The Mayor and Council of the Borough of Cliffside Park have become aware of proposals to erect windmills within the confines of this Borough for the purpose of generating electricity and other related purposes. This municipality has an area of approximately two square miles, has no significant unimproved parcels or property, is densely improved with one family, multi-family and commercial structures and has a population excess of 20,000 people. The erection of windmills in this municipality will constitute a hazard to public safety, health and welfare in that such tall structures will be in close proximity to dwelling houses, will involve the generation and transmission of electricity, will attract children to circumstances of danger and will pose a hazard to neighboring structures in the event of a natural disaster, storm damage or disrepair.
[Ord. No. 13-82]
No windmills or similar wind driven structures shall be erected within the Borough of Cliffside Park, and no permits shall be issued for the construction of same from any agency of this municipal government.
[Ord. No. 2012-12; Ord. No. 2016-07; Ord. No. 2017-01]
DWELLING UNIT
Shall mean as follows: one or more rooms occupied or intended as separate living quarters by one or more persons, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and/or sanitary facilities are provided within the dwelling unit for the exclusive use of the occupants.
ILLEGAL DWELLING UNIT
Shall mean:
a. 
A dwelling unit for which no certificate of occupancy has been issued;
b. 
A dwelling unit which would exceed the number of families permitted according to the Borough's zoning ordinance;
c. 
A dwelling unit which fails to meet requirements of any regulation affecting the health, safety and welfare of the public;
d. 
A dwelling unit where the occupancy exceeds the limitations set forth in subsection 11-10.2, et seq.;
e. 
A dwelling unit which fails to meet the requirements of the State Tenant Housing Law;
f. 
A dwelling unit which is created by a landlord without the necessary plumbing, electrical and/or building permits;
g. 
Any other dwelling unit which shall be in violation of any state, county or municipal statute, regulation and/or ordinance.
LANDLORD
Shall be deemed to be the fee owner of the property in question irrespective of their residency within the building which houses the illegal dwelling.
TEMPORARY OCCUPANCY
Shall mean the use, occupancy, and letting of other than a principal residence or dwelling, by persons for a period of less than 180 days.
[Ord. No. 2012-12; Ord. No. 2016-07; Ord. No. 2017-01]
All buildings hereafter erected or constructed in the Borough and all buildings hereafter converted or to be converted in whole or in part shall conform to the following requirements:
a. 
All residential owners shall meet the minimum area fire code as promulgated by the Department of Community Affairs;
b. 
No person, firm, partnership or corporation shall sell, rent, lease, suffer or allow any person or persons, firms, partnerships or corporations to live in or inhabit as a tenant or lessee any house, apartment or other structure, including modular unit, unless the person, firm, partnership or corporation shall first obtain from the Borough an occupancy permit or continued certificate of occupancy in accordance with this chapter;
c. 
No person, group of persons, associations, partnerships or corporations, or any combination thereof, who own, manage, conduct or operate a dwelling unit shall sell, rent, lease, sublet or permit the same to be occupied or rented, nor shall any person, group of persons, associations, partnerships or corporations, or any combination thereof, purchasing or acquiring in any manner occupancy or dwelling units permit same to be occupied without first securing from the construction code enforcement official or his designated representative a certificate of occupancy or a continued certificate of occupancy for the dwelling unit;
d. 
No person shall occupy a building or portion thereof, for commercial or industrial purpose after the building or portion thereof has been vacated due to the sale of the commercial or industrial property or for which there has been a change in use or change in occupancy until the owner of the premises has applied and secured a certificate of continued occupancy from the Borough of Cliffside Park.
e. 
Temporary Occupancy. No person, firm, partnership or corporation shall permit any person or persons, firms, partnerships or corporations to take temporary occupancy of any house, apartment, or other structure having a residential use; nor shall any person, firm, partnership or corporation permit the temporary occupancy of an individual component(s) of a dwelling unit (i.e., any room or bedroom in the structure) resulting in the occupancy of less than a dwelling unit.
[Ord. No. 2012-12; Ord. No. 2017-10]
a. 
If after inspection, enforcement officers are of the objective opinion that an illegal dwelling unit and/or occupancy in violation of this section exists, the enforcement officer has the discretionary authority to proceed and enact any of the following election of violations:
b. 
1. 
Order that property owner and/or tenant occupying the unlawful dwelling unit to immediately vacate same; and/or
2. 
Issue municipal summonses pursuant to this section; and/or
3. 
Any tenant and/or illegal subtenant ordered to vacate an apartment pursuance to this section shall be offered emergency housing by the Office of Emergency Management. The cost of same shall be exclusive responsibility of the owner/landlord.
c. 
The Borough shall be permitted, if either the tenant and/or landlord are found guilty under this section, the Borough shall be permitted to file a Municipal Lien, against the property owner, for any and all expenses incurred by the Borough for Emergency Relocation Housing.
[Ord. No. 2012-12]
a. 
Any person convicted of violating any provision of this section shall be subject to a fine of one thousand two hundred fifty ($1,250.00) dollars per day. Each 24 hour period shall be deemed a separate offense.
b. 
The aforesaid fine will commence nunc pro tunc to original inspection date.
c. 
Any person convicted of a second violation of this section shall, in addition to a fine of one thousand five hundred ($1,500.00) dollars per day and shall be subject to community service of up to 90 days.
d. 
Any person convicted of a third or more violation of this section, shall in addition to a fine of not less than one thousand five hundred ($1,500.00) dollars, not more than five thousand ($5,000.00) dollars per day, and shall be subject to not less than 90 days but no more than 180 days of community service and in county court incarceration of a period of one to 20 days.
[Ord. No. 2012-12]
a. 
In addition to any provisions of this section, any tenant who receives a Notice of Eviction pursuant to N.J.S.A. 2A:18-61.21 or is evicted as a result of zoning or code enforcement activities for an illegal occupancy, shall be considered a displaced person and shall be entitled to relocation assistance, alternative temporary housing and in an amount equal to six times the monthly rental paid by the displaced person. The owner-landlord of the structure shall be liable for the payment of relocation assistance.
b. 
The owner-landlord shall also be required to pay an additional fine for zoning or housing code violations for an illegal occupancy up to an amount equal to five hundred ($500.00) per zoning or housing code violation.
c. 
Upon a third or subsequent conviction under this section for an illegal occupancy, the owner-landlord, in addition to the other fines and expenses stated herein, shall be subject to a fine equal to the annual cost of any resident of the illegally occupied unit attending public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to "The Penalty Enforcement Law of 1999," N.J.S.A. 2A-58-10 et seq. The municipal court and/or the superior court shall have jurisdiction of proceedings for the enforcement of the penalty provided by this section. The tuition cost shall be determined in the manner prescribed for nonresident pupils pursuant to N.J.S.A. 18A:38-19 as may be amended and the payment of the fine shall be remitted to the Borough for the benefit of the appropriate school district.
d. 
For the purpose of this section, a third or subsequent violation for an illegal occupancy shall be limited to those violations that are new and are a result of distinct and separate zoning or code enforcement activities and shall not include any continuing violations for which citations are issued by a zoning or code enforcement agency during the time period required for summary dispossession proceedings to conclusion.
[Ord. No. 2012-12]
If the convicted owner-landlord fails to pay either the relocation or tuition fines per subsection 11-10.6, within the time period provided by the magistrate or superior court judge, the chief financial officer or his designee, with the assistance of the court administrator or her designee, shall tender a detailed statement of these costs per subsection 11-10.6 et seq., wherein said amount shall be paid by the Borough and, in turn, a municipal lien shall be filed with the Borough tax collector or other custodian of tax record liens as a lien against the fee estate named in the municipal summons. Upon docketing of the lien, the tax collector shall be required to provide a certified copy of the lien to the owner-landlord and court administrator. Upon the filing of the lien, all municipal bench warrants for the violation in question, shall be dismissed.
[Ord. No. 2012-12]
Upon the issuance and receipt of the summons alleging violation of this section, the owner-landlord shall deposit all prospective rent inclusive of any security deposit in an interest bearing escrow account until adjudication of the complaint.
Upon acquittal, the owner-landlord shall be entitled to all escrowed amounts; however, if found guilty of any municipal offense(s), all escrowed funds shall be tendered to the tenant. Failure to comply with this provision shall be deemed a separate offense per this section
Prospective rent shall be defined as all rent accepted by the owner-landlord after the issuance of the summons nunc pro tunc to the beginning of the month of issuance and service of summons.
The owner-landlord on the return date shall have an affirmative obligation to produce proof of the escrow account to the municipal court. Failure to have written proof that the fines have been placed in escrow shall result in the magistrate ordering restitution payable to the tenant inclusive of accrued interest. All restitution payments shall be made within 45 days after the expiration of the appeal process.
[Ord. No. 2012-12]
A municipal lien filed pursuant to this section shall be served upon the owner-landlord and/or parties in interest either personally, evidenced by a certification of service or certified mail, return receipt requested and first class mail. The return of either the certified mail, return receipt requested and/or first class mail, as unclaimed, shall be deemed conclusive proof that service was made.
[Ord. No. 2012-12]
The municipal tax collector, pursuant to statute, shall be responsible to record and/or docket the municipal lien by utilizing the following form:
The lien shall be prepared in quadruplicate with the copies distributed as follows:
a. 
Original (white) to municipal court clerk.
b. 
Copy (pink) to fee owner.
c. 
Copy (canary) to tax assessor.
d. 
Copy (green) to tax collector.
Facsimile Form
Borough of Cliffside Park
:
Record, Return and Prepared By:
vs.
:
Municipal Tax Collector,
:
Borough Hall
:
525 Palisade Avenue
Defendant
Fee Owner
:
Cliffside Park, NJ 07010
WHEREAS, (insert defendant's name) is the fee owner of (insert address), Cliffside Park, New Jersey, Block_______, Lot______; and
WHEREAS, on _________________, 20____, defendant, was found guilty of violation of Section ______ of the Revised General Ordinances of the Borough of Cliffside Park; and
NOW THEREFORE, the Municipal Court of the Borough of Cliffside Park does hereby assess (insert dollar amount) as a lien on the property commonly known as (insert address).
Judge of the Municipal Court
State of New Jersey
:
: ss.
County of Bergen
:
On this _________________ day of _________, 20____ before me, the subscriber, personally appeared _______________________, who I am satisfied is the Municipal Judge named and who executed the within instrument, and thereupon has acknowledged that he/she signed, sealed and delivered the same as his/her act and deed for the purposes therein expressed.
[Ord. No. 6-89, S1]
The purpose of this section is to identify and mark buildings of truss type construction in order to safeguard the occupants and emergency personnel in the event of fire or other hazardous condition.
[Ord. No. 6-89, S2]
The provisions of this section shall apply to the owner/occupant of any building or structure of truss type construction as determined by the fire official.
[Ord. No. 6-89, S3]
a. 
Truss type construction shall mean a single plane framework of individual structural members connected at their ends to form a series of triangles to span a distance greater than would be possible with any of the individual members on their own.
b. 
Owner/occupant shall mean any natural person or individual, or any firm, partnership, association, limited partnership, sole proprietorship, corporation, or any other business entity or any government agency or entity.
c. 
Fire official shall mean the Borough of Cliffside Park Fire Official or their designated representative. As defined in N.J.A.C. 5:18 Uniform Fire Code.
d. 
Building/structure shall mean used or intended for supporting or sheltering any use or occupancy, including but not limited to commercial, residential, governmental, educational and any other place of public assembly.
[Ord. No. 6-89, S4]
a. 
The section shall be enforced by the fire official as required by the Mayor and Council.
b. 
Upon inspection and identification of a building of such truss type construction the owner/occupant shall be notified by the fire official of the requirements of this section in accordance with the Uniform Fire Code of the State of New Jersey.
c. 
Upon notification the owner/occupant will be required to permanently affix a Cliffside Park Fire Department approved 12 inch by 18 inch reflective truss construction identification logo on the building. The exact location shall be determined by the fire official. The identification logo shall be properly installed within ten days of receipt of written notice. The initial identification logo will be supplied by the Cliffside Park Fire Department.
d. 
The owner/occupant shall be required to maintain the approved identification logo at the designated locations on the building, missing or damaged identification logos will be reported to the fire official immediately. Replacement cost shall be the responsibility of the owner/occupant. Replacement must be made within ten days of the written notice from the fire official. Approved identification logos are available from the fire official.
[Ord. No. 6-89, S5]
a. 
Initial identification and marking fee at cost.
b. 
Replacement logos will be billed based on current cost per unit.
c. 
The Mayor and Council may waive fees for nonprofit and charitable organizations.
[Ord. No. 6-89, S6]
Penalties shall be assessed in accordance with the Uniform Fire Code, State of New Jersey N.J.A.C. 5:18. Failure to comply: five hundred ($500.00) dollars. Daily penalty for non-compliance: one hundred ($100.00) dollars per day in addition to initial penalty assessment for noncompliance.