[1976 Code § 70-1; Ord. No. 90-28; Ord. No. 90-42]
Any applicant for the issuance or renewal of any license or
permit issued by the Township, or requiring the approval of the Township,
shall be required, if he, she or it is the owner thereof, to pay any
delinquent property taxes or assessments on the property where the
business or activity for which the license or permit is sought or
where the business or activity is to be conducted. Payment of any
delinquent property taxes or assessments shall be made only by certified
check, cash, or bank check.
[1976 Code § 70-2; Ord. No. 90-28; Ord. No. 90-42]
The Township shall, upon notice in writing to the licensee who
is an owner of the property upon which the licensed business or activity
is conducted, revoke or suspend the license or permit, when the licensee
has failed to pay the taxes due on the property for at least three
consecutive quarters. Notice shall be mailed to the licensee at his,
her or its last known address as shown on the application for the
license or permit sought to be revoked or suspended. Notice shall
be considered effective upon mailing by certified mail, return receipt
requested. Upon payment of the delinquent taxes or assessments, the
license or permit shall be restored.
[1976 Code § 70-3; Ord. No. 90-28]
Prior to the issuance of licenses and permits by the various
departments or agencies of the Township, the owner-applicant shall
ascertain from the office of the Tax Collector that taxes and assessments
have been paid to a current basis for the property on which the activity
or business in question is to take place. In the event that property
taxes or assessments are unpaid to a current basis, no permits or
licenses shall be issued until all such payments have been made by
the property owner.
[1976 Code § 70-4; Ord. No. 90-28]
The provisions of this section shall not apply to or include
any alcoholic beverage license or permit issued pursuant to the "Alcoholic
Beverage Control Act", N.J.S. 33:1-1 et seq. The provisions of this
section shall apply to all other permits and licenses issued by, or
requiring approval of, the Township, including but not limited to:
a.
Permits required pursuant to the Uniform Construction Code;
b.
Certificates of Occupancy;
c.
Soil removal or excavation permits;
d.
Food establishment licenses;
e.
Water and sewer connection permits;
f.
Demolition permits;
g.
Business sale licenses;
h.
Auction sale licenses;
i.
Taxi owner licenses;
j.
Limousine and livery licenses;
k.
Game of chance licenses.
[1976 Code § 70-8; Ord. No. 90-28; New]
[1976 Code § 17-1; Ord. No. 86-20]
Whereas, N.J.S. 17:36-8 et seq. permits a municipality to adopt
a regulation providing that no insurance company authorized to issue
fire insurance policies in New Jersey shall pay any claims in excess
of $2,500 unless and until the insured person submits an Official
Certificate of Search for Municipal Liens pursuant to N.J.S. 54:5-12
certifying that all taxes, assessments or other municipal liens or
charges levied and assessed and due and payable against the property
have been paid or the municipality submits a certified copy of a resolution
indicating that it has entered into an agreement with the owner of
any fire damaged property allowing any lien to be paid in installments
if the Township Committee is satisfied that the claim for fire damage
is to be used to restore or improve the fire damaged property; and
the Township Committee deems it in the best interest of the citizens
of the Township to implement this regulation.
[1976 Code § 17-2; Ord. No. 86-20]
This section shall be known by its short form title as the Holmdel
Township Fire Insurance Regulation.
[1976 Code § 17-3; Ord. No. 86-20]
The purpose of this section is to insure the payment of taxes,
assessments or other municipal liens due and payable on real property
in the Township when the property is covered by fire insurance in
excess of $2,500 and is damaged or destroyed by fire.
[1976 Code § 17-4; Ord. No. 86-20; New]
a.
No insurer issuing fire insurance policies in the State of New Jersey
shall pay any claims for fire damage in the Township unless or until
the insured person submits an Official Certificate of Search for Municipal
Liens pursuant to N.J.S. 54:5-12 certifying that all taxes, assessments,
demolition charges or other municipal liens or charges levied and
assessed and due and payable against the property have been paid or
the Township submits a certified copy of a resolution agreeing to
installment payments as set forth hereinafter.
b.
The official certificate of search may be altered by the bonded official
responsible for preparing such certificates, in order to correct any
errors or omissions or to add any Township liens or related charges
due and payable subsequent to the preparation of the official certificate.
[1976 Code § 17-5; Ord. No. 86-20; New]
In the event that there are taxes or assessments, demolition
charges or other municipal liens or charges due and payable appearing
on the official certificate of search referred to above, no payment
shall be made to a claimant by any insurance company of any claim
in excess of $2,500 for fire damages on any real property located
within the Township pursuant to any fire insurance policy issued or
renewed after the adoption of this section and after the filing of
same with the State Commissioner of Insurance until such time as all
of the taxes and assessments and municipal liens or charges due and
payable appearing on the official certificate of search shall have
been paid either by the owner of such real property or by the insurance
company or the municipality submits to the insurance company a copy
of a resolution authorizing payment in installments as set forth hereinafter.
[1976 Code § 17-6; Ord. No. 86-20]
Unless a resolution is received by an insurance company writing
fire insurance policies in the Township authorizing payment in installments,
such insurance company is hereby authorized and required prior to
the payment of any claims for fire damage in excess of $2,500 to pay
to the Township of Holmdel the amount of the liens appearing on the
official certificate, or in any alteration thereof pursuant to subsection
2-31.4, paragraph b, and such other recorded liens or related charges
as may be certified to the insurance company in accordance with N.J.S.
17:36-10; provided however, that if an appeal is taken on the amount
of the lien or charge, other than an appeal on the assessed valuation
of real property pursuant to R.S. N.J.S. 54:3.21. The insurance company
shall withhold 75% of the full amount of the lien or charge being
contested, pending termination of all proceedings, at which time such
moneys and all interest occurring thereon at a rate paid on interest
bearing accounts in banking institutions or savings and loan associations
in the State, shall be disbursed in accordance with the final order
or judgment of the Court.
[1976 Code § 17-7; Ord. No. 86-20]
The Township Committee may enter into an agreement with the
owner of any fire damaged property within the Township to pay in full
all delinquent taxes, assessments or other municipal liens by installments
pursuant to N.J.S. 54:5-19 provided that the Township Committee is
satisfied that the claim for fire damages is to be used to restore
or improve the fire damaged property. The agreement shall be authorized
by resolution and any insurance company receiving a certified copy
of such a Resolution of Agreement from the Township Committee is authorized
to make full payment to the insured person.
[1976 Code § 17-8; Ord. No. 86-20]
Except as provided in the case of appeals under subsection 2-82.6, nothing in this section shall be construed to obligate the insurance company for any liens not appearing on the official certificate or in any certified changes therein submitted to the insurance company by the bonded official.
[1976 Code § 17-9; Ord. No. 86-20]
The Township's claim made in accordance with the provisions
of this section shall be paramount to any other claims on the process
of the fire insurance policy, except the claim of a holder of a mortgage
on the fire damaged property, where the fire insurance policy at the
time of the loss listed the mortgagee as a named insured, in which
event the claim of the mortgagee to the proceeds shall be paramount
to the municipal lien only to the extent of the amount due and payable
to the mortgagee under the mortgage contract.
[1976 Code § 17-10; Ord. No. 86-20]
A certified copy of this section shall be forwarded by the Township
Clerk to the State Commissioner of insurance who shall notify each
carrier of insurance within the State of New Jersey of the adoption
of this section.
[1976 Code § 17-14; Ord. No. 86-20]
[1976 Code § 35A-1; amended 4-28-2020 by Ord. No. 2020-09; 9-22-2020 by Ord. No. 2020-19; 10-24-2023 by Ord. No. 2023-12]
a.
Any person claiming payment from the Township shall first submit
a detailed statement of the items or demand necessitating such claim
to the Purchasing Agent, specifying particularly how the bill or demand
is made up, and a certification of the party claiming payment that
it is correct. The foregoing certification requirement shall not apply
to any insurance premiums or any claims for $1,000 or less, unless
such claim is for reimbursement of employee expenses, in which case
this exemption is inapplicable.
b.
No bill, claim or demand shall be considered for payment unless the
voucher has attached to it or includes a certification of a department
head, or other municipal official responsible for certain functions,
or of his/her duly designated representative, having personal knowledge
of the facts that the goods have been received by or the services
rendered to the Township, and that those services or goods are consistent
with any existing contract or purchase order. The Chief Financial
Officer shall have the duty to audit, warrant and make recommendations
on all claims and bills.
c.
In order to facilitate a timely review, bills, claims, and demands
must be submitted to the Township no later than three months following
the provision of goods or rendering of services for which payment
is sought. The Qualified Purchasing Agent is authorized to provide
extensions upon written request in his or her discretion. This requirement
shall be a term that is contained in each contract entered into by
the Township.
[1976 Code § 35A-2; New]
The list of bills or claims duly certified shall be presented
to the Township Administrator and Chief Financial Officer for inclusion
in the agenda of the next immediate formal meeting of the Governing
Body, and it shall be the duty of the Clerk to examine all bills or
claims submitted for payment in order to ascertain if proper administrative
procedures have been followed. All claims or bills to be considered
by the Governing Body shall be listed systematically without preference,
and the list shall be made available to every member of the Governing
Body at least three full days prior to formal action by that Body.
[1976 Code § 35A-3; New]
Claims shall be considered by the Governing Body which shall
approve the same, except that the Governing Body may reject any claim
presented to it, stating the reason for such rejection. Any disapproved
claim shall be referred back to the Chief Financial Officer with such
instructions as the Governing Body may give at the time of disapproval.
[1976 Code § 35A-4; New]
It shall be the duty of the Municipal Clerk to record all claims
in the official minutes or through an appropriate claims register
indicating that the Governing Body has by formal action approved the
same with appropriate record as to any claims disapproved or rejected.
All records pertaining to approved and disapproved bills or claims
shall be available for public inspection.
[1976 Code § 35A-5; New]
After the Clerk has certified that the claims have been approved,
he/she shall turn the same over to the Chief Financial Officer, who
shall forthwith prepare the necessary checks for the payment thereof.
The annual resolution shall be adopted designating signatories. After
preparing checks for the payment of claims, the Chief Financial Officer
shall record them in proper books of account and thereafter mail the
checks to the claimants.
[Ord. No. 2003-06; Ord. No. 2008-10 § I]
a.
Creation. There is hereby created the office of Purchasing Agent
of the Township pursuant to the authority granted by N.J.S.A. 40A:11-9.
b.
Appointment. The Purchasing Agent shall be appointed annually by
the Township Committee.
c.
Qualifications. The Purchasing Agent shall have the qualifications
of a Qualified Purchasing Agent pursuant to N.J.A.C. 5:34-5.1 or,
unless otherwise mandated by State statute, shall be undertaking such
action as is reasonable to acquire such qualifications expeditiously.
d.
Duties and powers. The powers and duties of the Purchasing Agent
shall be consistent with those set by the New Jersey Department of
Personnel and the Local Public Contracts Law, N.J.S.A. 40A:11-1 et
seq. To the extent not inconsistent with the foregoing, the Purchasing
Agent shall have the authority to prepare public advertising for bids
and to receive bids for the purchase of materials and supplies on
behalf of the Township in accordance with the provisions of the governing
statutes and sound purchasing practices and make awards of contracts
in the name of the Township for the various agencies, boards, departments
and other offices of the Township. The Purchasing Agent is authorized
to award any contract, without public advertising for bids, in an
amount up to $44,000 or the maximum bid threshold established by the
Governor pursuant to his or her authority under N.J.S.A. 40A:11-3,
whichever is greater. The Purchasing Agent shall regularly provide
a report to the Township Administrator listing all contract awards
that have been made pursuant to this authority, which the Township
Administrator shall provide to the Township Committee in the ordinary
course. Prior approval of the Township Committee shall be obtained
for individual purchases exceeding $44,000 or the maximum bid threshold
established by the Governor pursuant to his or her authority under
N.J.S.A. 40A:11-3, whichever is greater. All procurements shall be
completed in accordance with the Local Public Contracts Law, N.J.S.A.
40A:11-1 et seq., and any other state law governing municipal procurements.
[Amended 10-13-2020 by Ord. No. 2020-22]
[Ord. No. 2003-06]
The Municipal Administrator or Mayor is hereby authorized to
make emergency purchases of goods and/or services in the event an
emergency affecting public health, safety and welfare exists and requires
immediate delivery of the goods or performance of the services. Any
emergency purchase is subject to the following:
a.
Written requisition must be filed with the Municipal Administrator
or Mayor by the department head wherein the emergency has occurred,
together with a certified statement as to the nature of the emergency
and the factors which compel immediate action.
b.
The Municipal Administrator or Mayor shall review the requisition
and certification and determine if a sufficient emergency exists to
invoke the provisions of N.J.S.A. 40A:11-6 and that the matter cannot
await the next regularly scheduled meeting of the Governing Body.
If so satisfied, the Municipal Administrator or Mayor is authorized
to contract on behalf of the Township for the emergency purchase,
provided sufficient budgetary appropriation is available after consultation
with the Township's Chief Financial Officer or Treasurer, who shall
orally certify as to the availability of funds.
c.
The Township's Chief Financial Officer or Treasurer, as soon as practicable
after giving the oral certification to the Municipal Administrator
or Mayor, shall file a written certification of availability of funds
with the office of the Municipal Administrator.
d.
If time allows, before undertaking the emergency purchase hereunder,
the Municipal Administrator or Mayor shall consult with the Governing
Body, by any means available, to apprise it of the proposed course
of action. Immediately after contracting for the emergency purchase,
the Township Administrator shall provide a written memorandum to each
member of the Governing Body, explaining the circumstances and action
taken.
e.
Notwithstanding the procedure set forth above, in all cases where
the emergency purchase would require the expenditure in excess of
$100,000, the Municipal Administrator or Mayor shall not commit the
municipality to contract until the members of the Governing Body have
been individually polled by any means available and at least three
members thereof shall indicate agreement that the emergency purchase
is necessary.
[Added 11-24-2020 by Ord. No. 2020-25]
a.
The purpose and intent of these regulations is to abide by the requirements
of N.J.S.A. 52:27D-20.1 and N.J.A.C. 5:30-17.1 et seq., governing
electronic disbursement controls for payroll purposes.
b.
APPROVAL OFFICER
PAYROLL SERVICE
TOWNSHIP
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
Person(s) responsible for authorizing and supervising the
activities of the payroll service.
Third-party payroll service organization.
Township of Holmdel.
a.
The Township is authorized to use a payroll service to prepare payment
documentation, take possession of Township funds, and make such disbursements
itself on behalf of the Township, including the direct deposit of
payroll disbursements.
b.
The following payroll service providers shall be required to comply
with these regulations:
a.
The appointment of a payroll service shall be pursuant to the Local
Public Contracts Law, N.J.S.A. 40A:11-1 et seq., and shall require
the contractor to do the following, not by way of limitation: data
collection, agency report preparation, calculation of withholding,
direct deposit of payroll disbursements, and/or transfer of Township
funds to contractor's account for subsequent disbursement of payment.
b.
Any renewal or extension of a contract under these regulations shall
be by resolution.
c.
The Chief Financial Officer is hereby appointed the approval officer
and is responsible for authorizing and supervising the activities
of the payroll service and shall further be charged with the reconciliation
and analysis of all general ledger accounts affected by the activities
of the disbursing organization.
d.
If required by the contract between the Township and the payroll
service, the payroll service is permitted to hold Township funds pending
transmittal to a payee.
a.
A payroll service must meet all of the following requirements:
1.
Report any irregularities that may indicate potential fraud, noncompliance
with appropriate laws, dishonesty or gross incompetence on the part
of the approval officer;
2.
Report circumstances that could jeopardize its ability to continue
operations or otherwise interrupt the services provided to the Township.
b.
A payroll service must meet the requirements of N.J.A.C. 5:30-17.5,
requiring that the approval officer be assured that the servicer has
its own internal controls and appropriately guards against theft and
other adverse conditions.
c.
All contracts entered into pursuant to these regulations and the
laws authorizing the same shall comply with the requirements of N.J.A.C.
5:30-17.6, which sets out a series of mandatory contractual terms
and conditions.
The Township shall enter into a contract for payroll service
in accordance with all local public contracting laws and N.J.A.C.
5:30-17. Appointment of the payroll service shall be by resolution
of the Township.
