Town of Guttenberg, NJ
Hudson County
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Table of Contents
Table of Contents
[Ord. No. 14-2015]
No payment of property tax for Guttenberg property shall be accepted by cash. The only means of payment accepted shall be check or money order.
[Ord. 4/5/89 § I]
No license or permit shall be issued by or approved by the Town or any of its departments or subagencies unless the applicant for the license or permit, if the applicant is the owner of the property in which the business or activity to be licensed or permitted is to be conducted, pays in full any delinquent property taxes or assessments on the property.
[Ord. 4/5/89 § II]
Any license or permit issued or approved by the Town or any of its departments or subagencies shall be revoked by the issuer if the licensee owns the property on which the licensed business or activity is conducted and has failed to pay the taxes due on his property for at least three consecutive quarters.
[Ord. 4/5/89 § III]
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.A. 33:1-1 et seq.
[Ord. 3/21/90 § 1]
It is the intent and purpose of this section to provide for the defense of actions against, and the indemnification of, public employees as permitted by N.J.S.A. 59:10-4.
[Ord. 3/21/90 § 2]
As used in this section:
EMPLOYEE
Shall mean any elected or appointed official or any officer, employee or servant, whether or not compensated or part-time, who is authorized to perform any act or service; provided, however, that the term does not include an independent contractor.
PUBLIC EMPLOYEE
Shall mean any employee or former employee of the Town.
[Ord. 3/21/90 § 3]
The Town shall provide for the defense of any action brought against a public employee on account of any act or omission in the scope of his employment, and this obligation shall extend to any cross action, counterclaim or cross complaint against such employee.
[Ord. 3/21/90 § 4]
The provisions for defense shall not be applicable when the Mayor and Board of Council determine that:
a. 
The act or omission was not within the scope of employment;
b. 
The act of failure to act was because of actual fraud, willful misconduct or actual malice;
c. 
The defense of the action or proceeding would create a conflict of interest between the Town and the public employee;
d. 
The defense of the action or proceeding is provided for by an insurance policy or policies; whether obtained by the Town or by any other person.
e. 
The public employee failed to deliver to the Town Attorney within 10 calendar days after the time he is served with any summons, complaint, process, notice, demand or pleading, the original or a copy of the same;
f. 
The public employee has failed to cooperate fully with the defense.
[Ord. 3/21/90 § 5]
The Town may provide any defense required of it under this section through an attorney from its own staff or by employing other counsel. The Town shall in no event be responsible for costs or attorney's fees incurred by anyone unless it shall have agreed in writing to the terms of this representation.
[Ord. 3/21/90 § 6]
Whenever the Town provides any defense required of it under this section the Town, through counsel, may assume exclusive control over the representation of the public employee and such employee shall cooperate fully with the defense.
[Ord. 3/21/90 § 7]
a. 
In any case where the Town is required to provide a defense under this section, the Town shall pay or shall reimburse the public employee for the following:
1. 
Any bona fide settlement agreements entered into by the Town on behalf of the employee.
2. 
Any judgments entered against the employee including, but not limited to, exemplary or punitive damages resulting from the employee's civil violation of State or Federal law if, in the opinion of the Mayor and Board of Council, the acts committed by the employee upon which the damages are based did not constitute actual fraud, actual malice, willful misconduct or an intentional wrong.
3. 
If the Town has failed, after reasonable notice, to provide such required defense, all costs of defending the action, including reasonable counsel fees and expenses together with costs of any appeal.
b. 
In addition, in any case where the Town would be required to provide a defense under this ordinance, except for the fact that such defense is provided for by insurance, the Town shall provide indemnification as aforesaid, but only to the extent not covered by insurance.
c. 
Nothing in the section shall authorize the Town to pay for damages resulting from the commission of a crime.
[Ord. 8/4/75 § 1]
Any person claiming payment from the Town of Guttenberg shall first submit a detailed statement of the items or demand necessitating such claim, on forms hereby approved, to the Town Clerk, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct. 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) or of his duly designated representative, having personal knowledge of the facts, that the goods have been received by, or the services rendered to the Town of Guttenberg, and that those services or goods are consistent with any existing contract or purchase order. The Governing Body shall review and sign all vouchers.
[Ord. 8/4/75 § 2]
The bill or claim duly certified shall be presented the Town Clerk for inclusion in the agenda of the next available formal meeting of the governing body, and it shall be the duty of the Town 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 considered systematically without preference and the claims or bills shall be made available to every member of the governing body in sufficient time prior to formal action by that body.
[Ord. 8/4/75 § 3]
Claims shall be considered by the governing body which shall approve the same, except that the governing body may reject any claim in whole or in part presented to it, stating the reason for such rejection. Any disapproved claim shall be referred back to the Town Clerk with such instructions as the governing body may give at the time of disapproval.
[Ord. 8/4/75 § 4]
It shall be the duty of the Town 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.
[Ord. 8/4/75 § 5]
After the Clerk has certified that the claims have been approved, he shall turn the same over to the chief Financial Officer/Treasurer who shall forthwith prepare the necessary checks for the payment thereof, which checks shall be signed by the Mayor and thereafter signed by the Chief Financial Officer/Treasurer. After preparing checks for the payment of claims, he shall record them in proper books of account and thereafter mail the checks to the claimants.
[Ord. 4/21/55 § 1]
There shall be established, in such institutions as the Mayor and Board of Council shall from time to time designate, a separate payroll bank account of the Town of Guttenberg in the County of Hudson, to be known as the "Personnel Payroll Bank Account" for the purpose of depositing all payroll requirements of the Town of Guttenberg in the County of Hudson, therein, and the disbursement of funds therefrom for personnel payroll purposes, on the basis of certified payrolls and warrants hereinafter provided for.
[Ord. 4/21/55 § 2]
Disbursements are hereby authorized from the "Personnel Payroll Bank Account" by the Chief Financial Officer/Treasurer for payroll purposes on the basis of certified payrolls, and such regulations as the Mayor and Board of Council prescribe.
[Ord. 4/21/55 § 3]
Payroll warrants for these purposes shall be inspected and signed by the Chief Financial Officer/Treasurer, or in his absence or disability, by the Town Clerk. In periods of emergency when both the Chief Financial Officer/Treasurer and Town Clerk are absent or disabled, the payroll warrants shall be signed and inspected by such person as the Mayor and Board of Council shall, by resolution, designate as Acting Treasurer.
[Ord. 4/21/55 § 4]
The certified payrolls and warrants under which such payrolls were paid shall be submitted to the next subsequent meeting of the Mayor and Board of Council for inspection and approval or ratification.
[Ord. #1994-01 § I; Ord. #016/04; Ord. #017/06; Ord. No. 23-2016; Ord. No. 27-2017]
A charge shall be made for the following items/services in the amount shown after the item/service:
a. 
Accident/incident reports by mail $5.
1. 
Incident report written request only: money order - $10 cash and stamp address envelope.
b. 
Accident/incident reports by pickup $2.
c. 
Real estate license fingerprints $10.
d. 
Immigration fingerprints $5.
e. 
Taxi license $30.
Taxi license renewal $30 cash
f. 
Liquor license $10.
g. 
Transfer liquor license $15.
h. 
Good conduct letter $15.
i. 
Discovery fees for attorneys and insurance companies (first page) $5.
(per add. page) $1.
j. 
Pistol purchase permit (State mandated) $2.
k. 
Firearms identification card (State mandated) $5.
l. 
Security fingerprints $10.
m. 
Bus driver license fingerprints $5.
n. 
Board of Education fingerprints.
Town resident $5.
Out-of-town resident $10.
o. 
(Reserved)
[Reserved by Ord. No. 27-2017]
p. 
Copy of Zoning Ordinance or Master Plan $25.
q. 
Criminal record check $10 cash.
r. 
Copy/printing cost to the public for documents obtained at the media center/recreation center/cultural center $0.10 per page.
[Ord. #013/02 §§ 1 — 4; Ord. #20-10]
Pursuant to N.J.S.A. 47:1A-1 et seq., the following fees shall apply to members of the public requesting information pursuant to same:
a. 
Duplication of Paper Documents.
1. 
$0.05 per page for letter sized pages or smaller.
2. 
$0.07 per page for legal sized pages or larger.
b. 
Special Service Charge. If the records requested to be duplicated, inspected or examined cannot be reproduced by ordinary document copying equipment in ordinary size or extraordinary expenditure of time and effort to accommodate the request is needed, in addition to the actual duplicating cost, the requestor shall pay a fee of $20 per hour for the time required to fulfill the request.
c. 
Medium for Copying. If the records requested to be duplicated, inspected or examined is requested in a medium not maintained by the Town, in addition to the actual duplicating cost, the requestor shall incur a fee of $50.
d. 
Examination of Records. If the requestor of a record requests to examine said record, the requestor shall pay a special service fee of $20 per hour for cost of the custodian safeguarding the same.
[Ord. No. 27-2017]
a. 
Certified copies of marriage certificates, civil union certificates and domestic partnership may be obtained from the Registrar or Deputy Registrar. The fee for such certificate shall be $15.
b. 
There shall be a fee of $25 for any correction to the license or certificates.
c. 
For marriage, civil union or domestic partnership ceremonies performed by the Mayor, there shall be a fee of $50 for a ceremony involving a bona fide, current resident of the Town of Guttenberg and there shall be a fee of $100 for a ceremony involving only nonresidents.
[Ord. No. 07-2017 Preamble]
The Five-Year Exemption and Abatement Law, N.J.S.A. 40A:21-1 et seq. (the "Exemption Law") enables municipalities which contain an area that has been designated as an area in need of rehabilitation pursuant to the Local Redevelopment and Housing Law, N.J.S.A. 40A:12A-1 et seq. (the "Redevelopment Law"), to provide for the short term exemption or abatement of local property taxes imposed upon eligible dwellings, commercial and industrial structures within such rehabilitation area.
On March 27, 2017, the Town of Guttenberg (the "Town") designated certain properties within its borders as an area in need of rehabilitation in accordance with the Redevelopment Law (the "Rehabilitation Area").
The Town believes that improvements to, and the revitalization of, the Rehabilitation Area are of great importance to the Town as a whole.
[Ord. No. 07-2017 § 1]
The recitals set forth above are incorporated herein as if set forth at length.
[Ord. No. 07-2017 § 2]
All terms utilized in this section not specifically defined herein shall conform to the meanings set forth in the Exemption Law. For ease of reference, the definitions set forth in the Exemption Law as of the date of the adoption of this section are attached hereto as Exhibit A. However, if the definitions set forth in the Exemption Law shall be subsequently amended, then the Exemption Law, and not Exhibit A, shall control.[1]
[1]
Editor's Note: Exhibit A is included as an attachment to this chapter.
[Ord. No. 07-2017 § 3; amended 3-25-2019 by Ord. No. 06-19; 8-24-2020 by Ord. No. 17-20]
The Town hereby determines to utilize the authority granted under Article VIII, Section I, Paragraph 6 of the New Jersey Constitution to establish the eligibility of certain multiple dwellings for exemptions, as provided in this section and as permitted by the Exemption Law, throughout the Rehabilitation Area. In order to qualify for exemption under this section any proposed project must contain at least 10 dwelling units and complete a Town of Guttenberg Application for Abatement or Exemption form.
[Ord. No. 07-2017 § 4]
a. 
Exemptions for Which Application Is Required. The Town hereby determines that any property owner seeking exemption from taxation with respect to the construction of multiple dwellings shall make application to the Town Council in accordance with this section and N.J.S.A. 40A:21-9.
b. 
Contents of Application. Applicants for an exemption under this section shall provide the Town Council and the Tax Assessor with the information required by N.J.S.A. 40A:21-9 and any such other pertinent information as the Town may require, including but not limited to that information set forth at Subsection 2-57.6.
c. 
Review and Recommendation by Tax Assessor. Within 60 days of receipt of a complete application pursuant to this section, the Tax Assessor shall review the information provided and shall provide written recommendations to the Town Council with respect to same.
d. 
Action by Town Council. After receipt of the Tax Assessor's recommendations, the Town Council shall determine whether to enter into a tax agreement in accordance with the terms of the Exemption Law, including but not limited to N.J.S.A. 40A:21-9 and N.J.S.A. .
[Ord. No. 07-2017 § 5]
Applicants for an exemption under this section shall provide the Tax Assessor with the following information:
a. 
Application for Tax Agreement.
1. 
A general description of the project for which exemption is sought, and an estimated schedule of completion for the project;
2. 
A legal description of all real estate necessary for the project;
3. 
Plans, drawings and other documents as may be required by the Town Council to demonstrate the structure and design of the project;
4. 
A description of the number, classes and type of employees to be employed at the project site within two years of completion of the project;
5. 
A statement of the reasons for seeking an exemption on the project, and a description of the benefits to be realized by the Town and the property owner if an exemption is granted;
6. 
Estimates of the cost of completing the project;
7. 
A statement showing (i) the real property taxes currently being assessed at the project site; (ii) estimated tax payments that would be made annually by the property owner with respect to the project during the period of the exemption, and (iii) estimated tax payments that would be made by the property owner with respect to the project during the first full year following the termination of the exemption;
8. 
A description of the number and types of dwelling units to be provided, a description of the common elements or general common elements, and a statement of the proposed initial rentals or sales prices of the dwelling units according to type and of any rental lease or resale restrictions to apply to the dwellings' units respecting low or moderate income housing;
9. 
A certification by the property owner listing (i) all properties within the Town owned by the property owner or in which the property owner has an interest and (ii) all agreements with the Town to which the property owner is a party; and
10. 
Such other pertinent information as the Town may require.
b. 
Application Fee. Every application submitted to the Tax Assessor in accordance with this § 2-57 shall include an application fee payable to the Town in the amount of $2,000.
[Added 4-22-2019 by Ord. No. 10-19]
[Ord. No. 2017-07 § 6]
The Town hereby determines that an additional improvement or construction completed on a property already granted a previous exemption pursuant to this section during the period in which the previous exemption is in effect, shall be eligible to qualify for an additional exemption under the standards identified in this section. The additional improvement or construction shall be considered as separate for purposes of calculating the exemption, except that the assessed value of any previous improvement or construction shall be added to the assessed valuation as it was prior to that improvement or construction for the purpose of determining the assessed value of the property for which any additional exemption is to be subtracted.
[Ord. No. 07-2017 § 7]
No exemption shall be granted pursuant to this section with respect to any property for which real estate taxes or other municipal charges are delinquent or remain unpaid, or for which penalties and interest for non-payment of taxes are due.
[Ord. No. 07-2017 § 8]
In the event that the Town implements a revaluation or reassessment during the exemption period for any property, any exemptions granted hereunder shall continue to apply but at a valuation level consistent with the revaluation or reassessment.
[Ord. No. 07-2017 § 9]
The granting of an exemption for a particular property shall not prejudice the right of the Town to appropriately examine and revise the assessment during the five-year exemption period in the event the base assessment is found to be improperly valued and assessed.
[Ord. No. 07-2017 § 10]
Upon final passage and publication, this ordinance 07-2017 (§ 2-57), adopted April 24, 2017, shall take effect as provided by law, and shall authorize the Town to grant exemptions up to a five-year period in duration. This section shall lapse, unless readopted, on January 1, 2027, and no exemptions shall be granted after January 1, 2027, without such readoption.
[Ord. No. 07-2017 § 11]
Any and all previous ordinances adopted by the Town relating to the Exemption Law are hereby superseded by this section.
[Ord. No. 22-2018]
a. 
The Town of Guttenberg publicly declares its intent to become an aggregator of electric power on behalf of its residential users of electricity pursuant to the Government Energy Act of 2003, N.J.S.A. 48:3-91.3 to - 98, and implementing regulations.
b. 
The Town of Guttenberg will utilize approved vendors, Commercial Utility Consultants, Inc., pursuant to the NJ E-PROCUREMENT Pilot program (P.L. 2001, c. 30) under the NJ Department of Community Affairs. The Reverse Energy auction will seek bids from licensed and appropriate third party suppliers. If such winning bid is selected and agreement executed, individual residential consumers would retain the option not to participate and to choose any alternatives they desire.
c. 
The Mayor and/or Town Administrator are hereby authorized and directed to execute any documents necessary to carry out the purpose of this section.