Town of Guttenberg, NJ
Hudson County
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Table of Contents
Table of Contents
[Ord. 4/18/77 § 1; Ord. 4/6/81 § 1]
a. 
There is hereby established in the Town, a State Uniform Construction Code enforcing agency to be known as Building Department, consisting of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, and such other subcode officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey, shall thereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the enforcing agency, and the Mayor and Board of Council shall make such appointments, and issue such supervisory or jurisdictional regulations as required to implement appropriate State laws, codes and regulations.
b. 
There are established the positions of Deputy Construction Official; Deputy Building Subcode Official; Deputy Plumbing Subcode Official; Deputy Electrical Subcode Official; Deputy Fire Subcode Official; and deputy subcode official of such other additional subcodes as the Commissioner of Community Affairs of New Jersey may in the future adopt as part of the State Uniform Construction Code.
Such deputy shall act in any case of absence, disability or other inability of the appropriate construction code or subcode official to act; by virtue of any condition, event, law, rule or regulation.
c. 
Each official position created in Subsection a thereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C. 217 as amended and NJAC 5:23; provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to NJAC 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to P.L. 1975, C.217 and NJAC 5:23 to hold each such position.
d. 
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
[New]
Decisions of the Construction Official and appropriate subcode officials shall be appealed to the Hudson County Construction Board of Appeals.
[Ord. 4/18/77 § 3; Ord. 11/7/77 § 1; New; Ord. 010/98; Ord. #020/05; Ord. 014/96; Ord. 014/99; Ord. 024/99; Ord. #012-10; Ord. #08-13; Ord. No. 12-2018]
a. 
The fee for a construction permit shall be the sum of the subcode fees listed in Subsections 1 through 7 hereto, and shall be paid before the permit is issued.
1. 
The building subcode fee shall be:
(a) 
For new construction, $0.0270 per cubic foot of building or structure volume; provided that the minimum fee shall be $65.
(b) 
For renovations, alterations and repairs, $25 per $1,000 of estimated cost of the work; provided that the minimum fee shall be $65.
(c) 
For additions, $0.0270 per cubic foot of building or structure volume for the added portion; provided that the minimum fee shall be $65.
(d) 
For combinations of renovations and additions, the sum of the fees computed separately as renovations and additions.
(e) 
The fee for asbestos abatement shall be a flat fee of $70.
(f) 
The fee for lead hazard shall be a flat fee of $140.
(g) 
The fee for a permit demolition of a residential and accessory structure shall be $150. All other use groups, the fee shall be $300.
(h) 
The fee for a removal of one building from one lot to another or another location on the same lot shall be $25 per $1,000 of the estimated cost of a new foundation and all work necessary to place the building in its completed condition in the new location, The minimum fee shall be $150.
(i) 
The permit fee to construct a sign shall be $2.50 per square foot of the surface area of the sign, provided the minimum fee shall be $65. In the case of double-faced signs, the area of the surface of only one side of the sign shall be used for purposes of the fee computation.
2. 
The plumbing subcode fee shall be as follows:
(a) 
Total number of fixtures and stacks $15 each. This shall include but not limited to all sinks, urinals, water closets, bathtubs, shower stalls, laundry tubs, drinking fountains, dishwashers, garbage disposals.
(b) 
Clothes washers, hot water heaters, tankless heaters, back flow valve, interceptor or separator the fee shall be $25 each.
(c) 
Roof drains, floor drains and yard drains the fee shall be $25 each.
(d) 
House sewer and house drains of all sizes, sump pumps the fee shall be $65 each.
(e) 
Catch basin (each): $65.
(f) 
Manhole (each): $65.
(g) 
Indirect connection (each): $15.
(h) 
Total number of special devices $65 each. This shall include but not limited to grease traps, oil separators, water cooled air conditioning units, utility service connections.
(i) 
Mechanical Systems Equipment (Ducts Etc. for H.V.A.C. equipment Not including Mechanical Units)
Fee shall be calculated at 10% of Building Permit Fee.
3. 
The electrical subcode fees shall be as follows:
(a) 
For the first block consisting of one to 50 receptacles, fixtures or devices, the fee shall be $55; for each additional block consisting of up to 25 receptacles, fixtures or devices the fee shall be $15. For the purpose of computing this fee, receptacles sensors, dimmers, alarm devices, smoke and heat detectors, communications outlets, light-standards eight feet or less in height including luminaries, emergency lights, electric signs, exit lights or similar electric fixtures and devices rated 20 amperes or less including motors or equipment rated less than one horsepower (hp) or one kilowatt (kW).
(b) 
For each motor or electrical device rated from one hp or one kW to 10 hp or 10 kW; for each transformer or generator rated from one kW or one kva to 10 kW or 10 kva; the fee shall be $25.
(c) 
For each motor or electrical device rated from greater than 10 hp or 10 kW to 50 hp; for each transformer, generator motor or electrical device rated from greater than 10 kW or 10 kva to 45 kW or kva; and for each utility load management device, the fee shall be $65.
(d) 
For each motor, transformer, generator or electrical device rated from greater than 50 hp up to 100 hp or 45kW to 112.5 kW; the fee shall be $100.
(e) 
For each motor, transformer, generator or any electrical device rated greater than 100 hp or 112.5 kW or 112.5 kva the fee shall be $576.
(f) 
For each service equipment, panel board, switch board, switch gear, motor control center or disconnecting means rated up to 200 amperes the fee shall be $65.
(g) 
For each service equipment, panel board, switch gear, motor control center or disconnecting means rated greater than 200 amperes up to 300 amperes the fee shall be $120.
(h) 
For each service equipment, panel board, switch board, switch gear, motor-control-center or disconnecting means rated greater than 300 amperes, the fee shall be $576.
(i) 
For installations consisting of multi-meter stacks, the fee shall be based on the ampere rating of the main bus and not upon the number of meters or rating of disconnects on the meter stack. Individual load side panel boards shall be charged in accordance with Chapter 11, Subsection 11-1.3a,3(f),(g),(h). There shall be no additional fee charged for the concurrent installation of individual feeder conductors.
(j) 
For photovoltaic systems, the fee shall be based on the designated kilowatt rating of the solar photovoltaic system as follows:
(1) 
1 to 10 kW, the fee shall be $25.
(2) 
11 to 45 kW, the fee shall be $65.
(3) 
46 to 112.5 kW, the fee shall be $100.
(4) 
113 kW and above, the fee shall be $576.
(k) 
The fee for a permit to construct a permanent private swimming pool shall be $126 for each above-ground pool and $189 for each in-ground pool. The fee for commercial swimming pools is to be calculated using the alteration construction rates as provided in Chapter 11, Subsection 11-1.3a,1,(b).
(l) 
The fee for annual pool inspection shall be $100.
(m) 
The minimum fee for any electrical work shall be $65.
4. 
Fire protection subcode fees.
(a) 
1-25 sprinkler heads $100.
(b) 
26-75 sprinkler heads $150.
(c) 
76-100 sprinkler heads $200.
(d) 
101-400 sprinkler heads $500.
(e) 
401-1,000 sprinkler heads $700.
(f) 
Over 1,000 sprinkler heads $900.
(g) 
Each standpipe $250.
(h) 
Each independent pre-engineered system $200.
(i) 
Each gas or oil fired appliance which is not connected to a plumbing system $75.
(j) 
Each kitchen exhaust system $100.
(k) 
Each control smoke system $65.
(l) 
The fee for 1 to 25 alarm, supervisory or signaling devices shall be $50; for each 50 devices in addition to this the fee shall be $100.
(m) 
The minimum fee for any fire protection application shall be $65.
5. 
The fee for plan review shall be 20% of the amount to be charged before the plans are reviewed. The amount paid for this fee shall be credited toward the amount of the fee to be charged for the construction permit.
Pursuant to N.J.A.C. 5:23-2.27 in case of a discontinuance of a building project, plan review fees are not refundable.
6. 
Certificate of occupancy fees.
(a) 
The fee for a certificate of occupancy for new commercial construction shall be $200 except for one- and two-family residences when the fee shall be $100 per unit. There shall be no fee for a temporary certificate of occupancy.
(b) 
The fee for a certificate of occupancy granted to change of use for residential use groups shall be $100 per unit and for any commercial use group the fee shall be $200.
(c) 
The fee for a continued certificate of occupancy inspection, the use group fees, shall be as follows:
[Amended 4-22-2019 by Ord. No. 08-19]
(1) 
Townhouse/condominium/one-family: $100.
(2) 
Two-family house: $125.
(3) 
Three-family house: $145.
(4) 
Four-family house: $160.
(5) 
Five-family house: $170.
(6) 
Commercial use: $200.
(7) 
Industrial use: $250.
(8) 
All properties which contain more than five units shall pay $170, along with an additional $10 for each additional unit over the fifth unit.
(9) 
Expedited certificate of continued certificate of occupancy inspection fee (inspection completed within three business days) is $50, along with the fee referenced above.
(10) 
Re-inspection fee for any of the above use groups [for any inspection that fails and requires additional inspection(s) to be performed] shall pay an additional $40 for each re-inspection conducted.
(d) 
The fee for a continued certificate of occupancy shall be $100 for any type of Use Group.
(e) 
The fee for a certificate of clearance for lead hazard shall be $28.
(f) 
The fee for zoning determination shall be $50 per determination.
7. 
All fee totals contained herein shall be rounded off to the nearest dollar.
8. 
(a) 
The fee for a certificate of continued occupancy shall be $10.
(b) 
The fee for a certificate of occupancy granted pursuant to a change of use shall be $10.
(c) 
The fee for a certificate of occupancy covering new construction shall be 10% of the construction permit fee.
9. 
The fee for a permit for installation of an elevator shall be $100.
10. 
The fee for inspection of an elevator shall be as follows:
(a) 
Fees for witnessing acceptance tests and performing inspections on new, and altered elevator devices are as follows:
(1) 
The basic fees for elevator devices in structures not in use group R-3 or R-4, or in an exempted R-2 structure, shall be:
Traction and winding drum elevators:
1 to 10 floors
$243
Over 10 floors
$405
Hydraulic elevators
$216
Roped hydraulic elevators
$243
Escalators, moving walks
$216
Dumbwaiters
$54
Stairway chair lifts, inclined and vertical wheelchair lifts and manlifts
$54
(2) 
Additional charges with the following features:
Oil buffers (each)
$43
Counterweight governor and safeties
$108
Auxiliary power generator
$81
(b) 
Fees as follows for a six month routine inspection:
Traction and winding drum elevators:
1 to 10 floors
$151
Over 10 floors
$194
Hydraulic elevators
$108
Roped hydraulic elevators
$151
Escalators, moving walks
$151
(c) 
The fee for the one-year periodic inspection and witnessing of tests, which shall include a six-month inspection:
Traction and winding drum elevators:
1 to 10 floors
$216
Over 10 floors
$259
Hydraulic elevators
$162
Roped hydraulic elevators
$216
Escalators, moving walks
$346
Dumbwaiters
$86
Manlifts, stairway chair lifts, inclined and vertical wheelchair lifts
$130
Additional yearly periodic inspection charges for elevator devices equipped with the following features:
Oil buffers (each)
$43
Couterweight governor and safeties
$86
Auxiliary power generator
$54
(d) 
The fee for the three- or five-year inspections:
Traction and winding drum elevators:
1 to 10 floors (5-year inspection)
$367
Over 10 floors (5-year inspection)
$410
Hydraulic and roped hydraulic elevators:
3-year inspection
$270
5-year inspection
$162
11. 
An application shall be filled out for placement of a construction debris container. Container shall mean and include dumpsters, receptacles or bins. All applications shall be approved by the Director of Public Safety or his designee. A $75 fee will be charged for each container. The permit shall be for three days.
b. 
The Construction Official shall, with the advice of the subcode officials, prepare and submit to the Board of Council, biannually, a report recommending a fee schedule based on the operating expenses of the agency, and any other expenses of the municipality fairly attributable to the enforcement of the State Uniform Construction Code Act.
[Ord. 2/4/52 § 1]
Any building, wall or structure erected on any lot, tract or parcel of land in the Town, which because of lack of repairs or because of a dilapidated condition or because of any other reason becomes dangerous to life or health or might tend to extend a conflagration shall constitute a nuisance.
[Ord. 2/4/52 § 2]
Whenever the Board of Council shall determine that any such building, wall or structure as aforesaid is because of lack of repair or because of dilapidated condition or because of any other reason detrimental to the health or safety of the public or is unusually liable to take fire or to cause any other building or other structure in its vicinity to take fire or might tend to extend a conflagration or is uninhabitable, it shall be the duty of the Board of Council making such determination to make and file a complaint in writing with the Town Clerk setting forth the existing conditions pertaining to any such building or other structure. The complaint shall state whether or not in the opinion of the Board of Council, the condition complained of can be remedied by making repairs to the building or other structure or whether the same should be demolished; and if it is the judgment of the Board of Council that the existing condition can be remedied by the making of certain repairs, the complaint shall set forth in detail the nature of the repairs to be made.
[Ord. 2/4/52 § 3]
The Board of Council shall, upon making and filing of the complaint required to be made by the provisions of the preceding subsection, proceed to consider the complaint, and if in the judgment of a majority of its members present at any regular, special or adjourned meeting at which any such complaint is considered, it is deemed advisable and for the best interests of the public that any such building, wall or structure described in the complaint should be removed or destroyed or repaired, the Board of Council shall declare such building, wall or structure dangerous to life or health or unusually liable to create or extend a conflagration, by adoption of a resolution containing such a declaration and instructing the Town Clerk to give notice of the contemplated removal or destruction of such building, wall or structure to the owner of the land to be affected thereby. Which notice shall contain a description of the property affected, sufficiently definite in terms to identify it, as well as a description of the manner in which the removal or destruction is to be carried out, and the notice shall further contain a statement that unless such building, wall or structure is removed or destroyed or repaired, if it is the judgment of the Board of Council that the existing condition can be remedied by making certain repairs, within 30 days after the service of the notice, that the Town will proceed with such removal or destruction or cause it to be proceeded with in accordance with State statutes in such case made and provided, and will charge the cost and expenses thereof as a municipal lien against the premises. The notice may be served upon an owner resident in the Town, in person or by leaving the same at his usual place of residence with a member of his family above the age of 14 years; if the owner shall not reside in Town, the notice may be served upon him personally or by mailing the same to him at his last known address by registered mail, or the notice may be served upon the occupant of the property or upon the agent of the owner in charge thereof; if the owner of the property is unknown or service of the notice cannot for any reason be made as above directed, the notice shall be published at least once, not less than 30 days before the proposed removal or destruction, in a newspaper published in the County, State and circulating in the Town. Notice to the owner of several different parcels of land may be inserted in the advertised notice. Notice to infant owners, or owners of unsound mind, shall be served upon their guardians. Where lands are held by joint tenants, tenants in common or tenants by the entirety service upon one of the owners shall be sufficient and deemed to be taken as notice to all. Proof of service of such notice shall be filed within 10 days thereafter with the officer having charge of the record of tax liens in the municipality, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[Ord. 2/4/52 § 4]
In the event that the owner of the building, wall or structure fails to remove or destroy such building, wall or structure, or fails to make certain repairs thereto, if in the judgment of the Board of Council, the existing condition can be remedied by making certain repairs, in compliance with the notice and within the time stated therein, the Board of Council shall pass a resolution noting such failure and shall file the resolution with the Town Clerk and immediately upon the making and filing of such resolution, the Board of Council shall have full power and authority to effect the removal or destruction of the building, wall or structure in such manner and through such agency and by such means as the Board of Council may determine by resolution. Such resolution shall state specifically how such building, wall or structure shall be removed or destroyed and may provide that the Town Clerk shall advertise for bids in order that a contract for the removal or destruction of such building, wall or structure shall be awarded to the lowest responsible bidder.
[Ord. 2/4/52 § 5]
When any such removal or destruction shall have been undertaken, the Board of Council shall keep an accurate account of the cost and expenses thereof, and when any such removal or destruction shall have been undertaken and completed, a true statement of the cost and expenses thereof under oath or affirmation shall be filed by the Board of Council with the Town Clerk, together with a description of the lands affected, sufficiently definite in terms to identify the same and the lot, tract or parcel of land whereon such building, wall or other structure was removed or destroyed, and also the name of the owner of the lot, tract or parcel of land or the agent in charge thereof. The Board of Council shall examine the account and if it is properly made, shall confirm it and file it, together with a report of its confirmation, with the Town Clerk, who shall record it in a book to be kept for that purpose. The Town Clerk shall file a certified copy thereof with the Tax Collector and from the time of the filing of such certified copy with the Tax Collector, the cost and expenses of removing or destroying such building, wall or other structure shall be a lien on the lot, tract or parcel of land whereon such building, wall or other structure has been removed or destroyed hereunder and the lien shall be assessed on notice by assessment commissioners in the same manner as improvement assessments are made and the lien shall be enforced and collected in the manner set out in State statutes in such case made and provided.
[Ord. 2/4/52 § 6]
Any property owner or property owners who desire to appeal from any action taken by virtue of the provisions of this section shall within 30 days from the date of giving of notice of the proposed removal or destruction of any such building, wall or other structure of which they are owner, as provided in Subsection 11-2.3 of this section, shall file an application in writing for review and revocation or modification of such action with the Town Clerk. The Board of Council shall then grant the property owner a hearing at such time and upon such notice as it shall determine. Such property owner shall after such hearing be notified in writing of the action taken by the Board of Council and shall within five days from the date of mailing the notice of the action taken proceed to do the necessary acts to fully comply with the original notice as affirmed or modified.
[Ord. 2/4/52 § 7]
Whenever it shall come to the attention of the Board of Council that due to conditions existing on any lot, tract or parcel of land in the Town, a nuisance detrimental to the safety, health and general welfare of the public is created, the Board of Council may pass a resolution declaring that the conditions complained of constitute a nuisance within the meaning of this section and providing for the abatement thereof in the same manner as provided herein.
[Ord. 2/4/52 § 8]
The Town Clerk shall keep a book in which he shall record and file all proceedings required to be taken by virtue of the provisions of this section.
[Ord. 2/4/52 § 9]
All work in connection with repairing, altering, fire-proofing, removing or destroying of any building, wall or other structure by virtue of the provisions of this section shall be subject to the supervision of the Board of Council.
[Ord. 2/4/52 § 11]
The Board of Council, its members and duly authorized agents, shall have the right and privilege to enter into and upon any lands in the Town whereon any building, wall or structure is or may be erected and of entering into any such building, wall or structure for the purpose of examining the condition of the same and to determine whether the condition thereof is such as to constitute a nuisance as defined in this section.
[Ord. 2/4/52 § 10]
Any person failing to obey the provisions of this section or the orders of the Board of Council issued by virtue hereof within 30 days after receiving the notice herein provided for, shall be guilty of a violation of this section and upon conviction thereof shall be liable to the penalty stated in Chapter I, § 1-5.
[Ord. 8/21/91 § 1]
The Town of Guttenberg hereby adopts the provisions of the Hotel and Multiple Dwellings Law, N.J.S.A. 55:13A-1 et seq. and the regulations promulgated thereunder entitled, "Regulations for Maintenance of Hotel and Multiple Dwellings" and amendments thereto which are set forth in N.J.A.C. 5:10-1 et seq. as the standards for the maintenance of such structures within the Town. Where said rules and regulations conflict with the standards set forth in the regulations for the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., the most strict standard shall prevail.
[Ord. 8/21/91 § 3]
a. 
No person shall:
1. 
Obstruct, hinder, delay or interfere with, by force or otherwise, the Housing Inspector in the exercise or discharge of his powers or duties.
2. 
Prepare, utter or render any false statement, report, or document permitted or required to be prepared, uttered or rendered under the provision of the aforesaid regulations.
3. 
Render ineffective or inoperable any protective equipment installed or intended to be installed in any hotel or multiple dwelling.
4. 
Refuse or fail to comply with any lawful ruling, action, order or notice issued by the Housing Inspector.
5. 
Violate or cause to be violated any of the provisions of the aforesaid regulations.
b. 
For the purposes of this section, any person shall be deemed to have violated or to have caused to be violated any provision of Subsection a above whenever any officer, agent or employee thereof, under the control of and with the knowledge of said person, shall have violated or caused to be violated any of the provisions of Subsection a of this subsection.
[Ord. 8/21/91 § 3]
Any person who violates or causes to be violated any provision of Subsection 11-3.2a shall be liable to a penalty of not less than $50 nor more than $500 for each violation. Where any violation of Subsection 11-3.2a is of a continuing nature, each day during which such continuing violation remains unabated after the date fixed by the Housing Inspector in any order or notice for the correction or termination of such continuing violation shall constitute an additional, separate and distinct violation.
[Ord. #07-21-1993 § 1]
The Mayor and Board of Council find that periodic inspections of buildings and portions thereof used for residential, commercial and industrial purposes are necessary to protect the public health, safety and welfare. The Mayor and Board of Council also find that such periodic inspections and the requirement of a Certificate of Continuing Occupancy prior to change in ownership, use or occupancy, will assist in the enforcement of and the insuring of compliance with various ordinances of the Town, the Uniform Construction Code, the Fire Safety Act and other laws relating to the use, maintenance and repair of buildings.
[Ord. #07-21-1993 § 2]
a. 
The term "portion" shall mean that part of a building which is occupied by a different occupant than the occupants occupying other parts of the building.
b. 
The term "person" shall include an individual, a partnership, a corporation, or an association.
[Ord. #07-21-1993 § 3; Ord. #009/02; Ord. #024/04]
No person shall occupy or use, or permit to be occupied or used, any building or portion thereof for residential, commercial or industrial purposes, after such building or portion thereof has been vacated or sold, or for which there has been a change in use or a change in occupancy, until the Construction Official, Fire Official or the Fire Inspector of the Town of Guttenberg shall have issued a Certificate of Continuing Occupancy therefor. This requirement shall be the obligation of the person owning the property at the time of application.
[Ord. #07-21-1993 § 4]
a. 
Every application for a Certificate of Continuing Occupancy shall be made in writing and be signed by the owner or the owner's authorized agent, and shall state the use or intended use of the building, or the portion thereof, for which the Certificate of Continuing Occupancy is applied for.
b. 
If the application relates to a portion of a building then such portion shall be, to the satisfaction of the Construction Official, precisely specified in the application, which shall include an approximate drawing depicting the floor space of the portion and its relation to the building in its entirety.
c. 
If the building is a multiple family dwelling for which N.J.S.A. 46:8-28 requires the filing of a Certificate of Registration, then a true and legible copy of the filed and validated Certificate of Registration shall be annexed to the application for a Certificate of Continuing Occupancy.
d. 
The application shall also state the full and exact name of the person who will be the occupant after the issuance of the applied for Certificate of Continued Occupancy. In the event the identity of such occupant is not known at the time of the application, such name shall be subsequently supplied to the Construction Official, in writing, and signed by the owner or the owner's authorized agent, when such name becomes known.
[Ord. #07-21-1993 § 5]
The application fee shall be:
a. 
$25 for a one family house or a single residential apartment;
b. 
$50 for a two or three family residential house;
c. 
$75 for a commercial building or portion thereof; and
d. 
$100 for an industrial building or portion thereof.
[Ord. #07-21-1993 § 6]
Upon receipt of the application, with annexed copy of the Certificate of Registration (if applicable), and the application fee, the following procedure shall apply:
a. 
The Construction Official shall cause the building or applicable portion thereof to be inspected by the Subcode Officials of the Town of Guttenberg and, if residential, also by the Town Housing Inspector, which officials and inspector shall issue to the Construction Official written notice of discovered violations of the various safety codes and ordinances they enforce.
b. 
If the inspection relates to a portion of a building then the inspections may include any common areas or common equipment serving more than one area or occupant of the building.
c. 
The Construction Official shall also determine if the intended use of the building or applicable portion thereof is permitted by the Zoning Ordinance of the Town of Guttenberg.
d. 
If the inspections disclose no violations and the intended use is permitted by the Zoning Ordinance, the Construction Official shall issue a Certificate of Continuing Occupancy specifying the building or portion thereof for which the Certificate is issued, the intended use, the name of the owner of the building or portion thereof, the name of the occupant of the building or portion thereof, and the date of issuance.
e. 
If the identity of the occupant is not disclosed in the application, then the Certificate shall be issued but not be delivered to the owner until such name is supplied and included on the Certificate.
f. 
If the Construction Official determines that the intended use is not permitted by the Zoning Ordinance, the Construction Official shall deny the application by notifying the applicant in writing specifying the reason, which denial may be appealed by the applicant to the Board of Adjustment of the Town of Guttenberg within 20 days of receipt of the notice of denial, by filing with said Board a written Notice of Appeal specifying the basis of the appeal, a copy of which the applicant shall serve on the Construction Official, and by payment to the Board of a filing fee of $50. Upon receipt of such Notice of Appeal the Board shall promptly schedule the matter for a hearing.
g. 
If the inspections reveal violations of safety codes and ordinances then the Construction Official shall provide the applicant a reasonable amount of time to correct said violations before issuing the Certificate of Continuing Occupancy. If the Construction Official determines, however, that the violations are minor in that they would not unduly jeopardize the health or safety of an occupant, then the Construction Official may issue a Temporary Certificate of Continued Occupancy for such period of time that the Construction Official determines is appropriate, but for no longer than six months.
h. 
If no occupancy occurs within six months following the date of issuance of the Certificate of Continuing Occupancy then such Certificate shall be null and void and the owner shall be required to file a new application for which new inspections shall be made.
[Ord. #07-21-1993 § 7]
An applicant shall provide the Construction Official, his agents, Subcode Officials and inspectors with access to the building or portion thereof, and to the common areas of the building, for purposes of compliance with this section.
[Ord. #07-21-1993 § 8]
Every person who shall violate any provision of this section shall for each and every violation be subject, at the discretion of the Municipal Court of the Town of Guttenberg, upon a finding of guilt, to a fine not to exceed $500 and imprisonment not to exceed 90 days. Each day that a violation continues shall be considered a separate and specific violation of this section.
[Ord. #07-21-1993 § 9]
To assist in the enforcement of this section, a notice shall be included on all tax searches and added assessment searches prepared by the Tax Collector of the Town of Guttenberg stating that a Certificate of Continuing Occupancy is required for a change in use or occupancy or sale of any building or portion thereof used for residential, commercial or industrial purposes within the Town of Guttenberg, provided however, that a failure to affix such notice shall not constitute a defense for a failure to obtain a Certificate of Continuing Occupancy in violation of this section.
[Ord. #07-21-1993 § 10]
The requirement of a Certificate of Continued Occupancy shall not apply to conveyances made:
a. 
Pursuant to the order of any Court of competent jurisdiction;
b. 
Pursuant to operation of intestate laws or the administration of a will; and
c. 
Between spouses or parents and children.
[Ord. #007/05]
No person shall charge, demand, receive or accept any rent or other payment from the use of occupancy of any residential premises within the Town of Guttenberg which are used or occupied in violation of the Zoning Ordinance of the Town of Guttenberg. Each such charge, demand, receipt of acceptance of such rent or other payment in violation hereof shall constitute a separate offense.
[Ord. #007/05]
For the purpose of this section, an "illegal apartment" is defined as follows:
a. 
An apartment for which no Certificate of Occupancy has been issued;
b. 
An apartment which fails to meet the requirements of any regulation affecting the health, safety and welfare of the public;
c. 
An apartment which fails to meet the requirements of the State Tenant Housing Law;
d. 
An apartment which is created by a landlord without the necessary plumbing, electrical and/or building permits;
e. 
Any other apartment which shall be in violation of any State, County or municipal statute regulation and/or ordinance;
f. 
The word "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 apartment.
[Ord. #007/05]
Within 10 days following receipt of a notice to abate an unlawful occupancy in violation of this section or of the Zoning Ordinance of the Town of Guttenberg or prior to the institution of dispossession proceedings to correct an illegal occupancy, whichever first occurs, the owner of the residential premises within the Town of Guttenberg shall serve upon all of the unlawful occupancy using or occupying said residential premises a copy of the within section and shall post a copy of this section in a common area of the premises accessible to all the occupancy thereof for inspection.
Any person convicted of violating any provision of this section shall be subject to a fine of up to $500 per day. Each twenty-four-hour period shall be deemed a separate offense. The Construction Code Official shall be responsible for the enforcement of this section.
[Ord. #007/04]
In addition to the foregoing, any person convicted of violating the provisions of Subsection 11-5.1 of this section shall be liable to the tenant of an illegally used premises for the costs of moving, up to an amount not to exceed six times the displaced person's monthly rent.
[Ord. #007/04]
Upon written notification by the Construction Code Official that the apartment is illegal, the landlord shall place all prospective rental income in an interest-bearing escrow account until finalization of the municipal action.
For example, if the landlord is issued a summons on the 15th of the month for an illegal apartment, the landlord is required prospectively from the day of receipt of the summons, to deposit the prorated rental from the remaining period of the month in escrow (interest-bearing account) for the benefit of the tenant.
Additionally, all future rent payments shall be placed in escrow until finalization of the Municipal Court action, and exhaustion of all appeals.
[Ord. #007/05]
a. 
Landlord shall have the right to file a variance application with the Zoning Board of Adjustment relative to the illegal apartment. This zoning application must be completed within 120 days of receipt of the summons or the Municipal Court shall presumptively determine that the landlord has waived this alternative remedy. During the zoning appeal process, the landlord must deposit all monthly rental sums into escrow per the provisions of this section.
b. 
If the landlord is acquitted of the violation or, in the alternative, obtains a variance from the Board of Adjustment to utilize this apartment, all escrowed rental payments, inclusive of interest, shall be used for the benefit of the landlord.
[Ord. #007/05]
If the landlord is convicted of violating this section, he/she shall, upon exhaustion of appeal periods, tender all sums in escrow plus any accrued interest to the tenant.
a. 
Proof of Escrow Account. The landlord shall have an affirmative obligation to produce proof of this account to the Municipal Court Judge on the return date of the section, violation.
[Ord. #007/05]
Failure to have committed the funds in escrow shall result in an Order of Restitution, payable to the tenant by the landlord inclusive of statutory interest. All restitution payments must be made within one year of finalization of the appeal process.
[Ord. #007/05]
Upon conviction and exhaustion of all statutory appeal periods, the landlord shall also be liable to the Town of Guttenberg, as an additional fine, the cost of per pupil tuition chargeable by the Board of Education for each school-age child residing within said apartment who is enrolled in the Guttenberg Public Schools. The actual per pupil dollar figure shall be equal to the per pupil cost annually established by the Guttenberg Board of Education.
[Ord. #007/05]
If the landlord fails to pay the additional penalty per Subsection 11-5.10 hereof within the time periods prescribed by the Municipal Judge which in any event shall not exceed one year, the Court Clerk shall tender a detailed statement of the aforesaid costs (tuition) and the amount so due shall be filed with the Tax Assessor or other custodian of the record tax liens and with the Town Tax Collector as a lien against the fee estate. Upon docketing of the lien, the Court Clerk shall be required to forward a certified copy of the lien to the landlord per this section.
[Ord. #007/05]
A lien filed pursuant to this section shall be served upon the owner and/or parties in interest either personally, evidenced by an Affidavit of Service, or by certified mail, return receipt requested.
[Ord. #007/05]
An original of the Order Liening the Fee Estate shall be duly recorded in the Office of the County Clerk.
[Ord. #007/05]
Nothing in this section shall be construed to abrogate or impair the powers of the Municipal Court of the Town or any department of the Town to enforce any of the provisions of the Charter of the Town, or of its ordinances or regulations, nor to prevent or punish violators thereof. The powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law or ordinance.
[Ord. #007/05]
Any sentence, clause or other portion of this section or the application thereof to any person or circumstance shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this section.
[Ord. #007/05]
This section being necessary for the welfare of the Town and inhabitants shall be liberally construed to effectuate the purposes thereof.
[Ord. #22-13]
Locking mechanisms such as dead bolt, dead latch, dead lock, and mortise locks are prohibited in all dwelling units within residential one- and two-family dwellings and all multiple dwellings with the exception of the dwelling unit entrance doors, cellar entrance door and storage areas.
[Ord. #22-13]
DEAD LATCH
Shall mean a locking device, usually spring-operated, that incorporates a feature to render the latch rigid in its locked position and incapable of release by prying or by the turning of an outside doorknob or handle or similar door-opening device.
DEAD LOCK
Shall mean a locking device incorporating a lock that cannot be pushed or retracted into a door by the use of tools inserted between the frame of the door and the door itself. Except as otherwise indicated, a dead lock may be equipped with a dead bolt or dead latch.
DEADBOLT
Shall mean a locking device using a fixed bolt that, when in the locked position, cannot be retracted by a doorknob or handle or other normal door opening device or by the application of force against the penetrating end of bolt.
DWELLING UNITS
Shall mean a room or rooms, suite(s) or apartment(s) that are occupied or intended to be occupied for sleeping or dwelling purposes by one or more persons.
MORTISE LOCK
Shall mean a lock mortised into a door, rather than applied to its surface.
[Ord. #22-13]
Failure of the owner or landlord to comply with the provisions of this section shall subject the owner, tenant and/or landlord to a fine not exceeding $1,000.
[Ord. No. 25-2016]
Heating facilities shall be provided in structures as required by this section.
[Ord. No. 25-2016]
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design temperature for the locality indicated in Appendix D of the International Plumbing Code. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.
[Ord. No. 25-2016]
Every owner and operator of any building who rents, leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to furnish heat to the occupants thereof shall supply heat during the period from October 15 to April 15 to maintain a minimum temperature of 68° F. (20° C.) in all habitable rooms, bathrooms and toilet rooms.
[Ord. No. 25-2016]
Any person who shall violate any of the provisions of this section shall be liable to the penalty stated in Chapter I, § 1-5.
Each violation of any of the provisions of this section, and each day the same is violated, shall be deemed and taken to be a separate and distinct offense.
[Ord. No. 30-2016]
As used in this section, the following terms shall have the meanings indicated:
BOARD
Shall mean the Crane Operators License Advisory Board established pursuant to N.J.S.A. 45:26-3.
CERTIFICATION
Shall mean certification from the National Commission for the Certification of Crane Operators or any other organization found by the Board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies.
COMMISSIONER
Shall mean the Commissioner of Labor.
CRANE
As used in this section, shall be defined in accordance with N.J.S.A. 45:26-1 through 45:26-17 (Licensure of Crane Operators Act), hereafter referred to as the Crane Operator Licensure Act and the 1926 OSHA Crane and Derricks in Construction also known as OSHA Subpart CC.
CRANE OPERATOR
Shall mean an individual engaged in the operation of a crane.
CRANE RELATED EXPERIENCE
Shall mean operating, inspecting, training and maintenance experience acceptable to the board.
PRACTICAL EXAMINATION
Shall mean an examination demonstrating the applicant's ability to safely operate a particular category or type of crane. Practical examinations shall be conducted for the following crane categories: the lattice boom crawler cranes (LBC), lattice boom truck cranes (LBT), telescopic boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), tower cranes and overhead cranes.
[Ord. No. 30-2016]
a. 
Five days before any crane operator, contractor or other person or company initiates the use of a crane within the Town of Guttenberg, a permit shall be obtained. In emergent situations the Building Inspector may waive this requirement in his or her own discretion if the operator meets the balance of the requirements of this section.
b. 
The permit will be maintained with the Town of Guttenberg as well as with the crane operator at all times; a copy of the permit shall be produced on the work site when requested.
c. 
The following documents must be provided to the Town of Guttenberg in order to be granted a permit:
1. 
Copy of crane operator certificate from one of the following organizations:
(a) 
National Commission for the Certification of Crane Operators (NCCCO);
(b) 
Operating Engineers Certification Program (OECP);
(c) 
Crane Institute of America Certification.
2. 
New Jersey Crane License.
3. 
Current Medical Examiner's Card.
4. 
A copy of the most recent and current proof of inspection; (Crane owner).
5. 
Insurance required as follows:
(a) 
Bodily Injury:
(1) 
For any one person in the amount of $500,000.
(2) 
For any occurrence in the amount of $1,000,000.
(b) 
Property Damage:
(1) 
For any one accident in the amount of $500,000.
(2) 
For any aggregate of occurrences in the amount of 2,000,000.
6. 
Proof that crane operator submits to a random drug testing program.
7. 
Proof of completion of Signal Person Qualification or Certification course.
8. 
Upon receipt of a properly completed application and compliance with the requirements of this section, the Building Department shall issue or deny the requested permit within five business days. If the application is denied the reasons for the denial are furnished to the application in writing.
[Ord. No. 30-2016]
a. 
Licensure of Crane Operators, Pursuant to N.J.S.A. 45:26-7.
1. 
No person shall engage in the operation of a crane, offer himself for employment as a crane operator or otherwise act, attempt to act, present or represent himself as a crane operator unless licensed as such under the provisions of this Act
[N.J.S.A. 45:26-1 et seq.]
2. 
A crane operator's license shall be valid only in conjunction with a current certification and only in the specialty or specialties for which the crane operator is certified. The specialties are lattice boom crawler crane (LBC), lattice boom truck crane (LBT), telescopic boom cranes (TLL, Swing Cab) & (TSS, Fixed Cab), tower cranes and overhead cranes.
3. 
To be eligible for a license as a crane operator in the Town of Guttenberg, an applicant shall fulfill the following requirements:
(a) 
Be at least 18 years of age;
(b) 
Receive certification from the National Commission for the Certification of Crane Operators or any other organization found by the board to offer an equivalent testing and certification program meeting the requirements of the American Society of Mechanical Engineers ASME B30.5 and the accreditation requirements of the National Commission for Certifying Agencies;
(c) 
Have at least 1,000 hours of crane-related experience; and
(d) 
Maintain a current medical examiner's certification card.
The crane operator should reside in the Town of Guttenberg. If not, they should reside in the same County as the Town of Guttenberg is located. The crane operator must reside in New Jersey.
[Ord. No. 30-2016]
The permit fee for each crane shall be $100. Each permit is valid for 60 days and may be extended and/or renewed provided that compliance with the requirements of this section continues to be met. Fee for an extended or renewal permit is $50.
[Ord. No. 30-2016]
The owner of the building shall immediately notify the Town of Guttenberg of every accident causing personal injury or damage to property involving a construction crane covered by this section and shall afford the municipal official every facility for investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the apparatus, it shall be unlawful to use such device until after an examination by the Town of Guttenberg is made and approval of the equipment for continued use is granted. It shall be the duty of the Town of Guttenberg to make a prompt examination into the cause of the accident and to enter a full and complete report thereof in the records of the Town of Guttenberg. Such records shall be open for public inspection during regular business hours.
[Ord. No. 30-2016]
a. 
All crane equipment shall be kept in safe working condition at all times by the owner and licensee.
b. 
If any safety or operational aid used or required to be used in connection with the operation of a crane is not working properly, the person operating such crane shall immediately shut down the crane until such time that the required safety or operational aid is repaired or replaced and the crane is restored to properly working order.
c. 
Any and all safety requirements promulgated by the Town of Guttenberg must be adhered to at all times.
d. 
Every crane shall be thoroughly inspected by a competent designated employee or authorized agent of the owner or lessee if such mobile crane, tower crane or derrick at intervals not exceeding one month. Such inspection shall include but not be limited to all blocks, shackles, sheaves, wire rope, connectors, and various devices on the master boom, controls and breaking mechanisms.
e. 
A written, dated and signed record of each such inspection shall be completed by the competent designated employee or authorized agent who made the inspection. The most recent record of such inspection shall be posted inside the cab of such crane and shall be filed with the Town of Guttenberg. Attached to such record of inspection shall be a written designation naming the competent employee or authorized agent. Such attached designation shall be signed by the owner or lessee of such.
f. 
Every crane shall be inspected before being erected or operated for the first time on any job.
g. 
Adjustments and repairs to cranes shall be made only by competent designated persons.
[Ord. No. 30-2016]
The provisions of this section shall be enforced by the Town of Guttenberg Building Department.
[Ord. No. 30-2016]
a. 
Any crane which is or hereafter becomes unsafe or otherwise dangerous to human life or public safety, or which involves inadequate maintenance shall be deemed in unsafe condition by the Municipal Engineer. All unsafe cranes shall be taken down or removed or made safe, as the Municipal Engineer deems necessary and as provided for in this section.
b. 
The Municipal Engineer shall cause a report to be filed on an unsafe crane. The report shall state the nature of the unsafe condition.
c. 
If an unsafe condition is found, the Municipal Engineer shall serve on the owner, agent or person in control of the crane, a written notice that describes the condition being unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition. Such notice shall require the person thus notified to declare immediately to the Municipal Engineer exceptions or rejection of the terms of the order.
d. 
Such order shall be deemed properly served if a copy is delivered to the owner personally, or sent by certified or registered mail addressed to the owner at the last known address with the return receipt requested. If a certified or registered letter is returned showing that the letter has not been delivered, a copy shall be posed in a conspicuous place in or on the structure affected by such notice. Service of such notice in the foregoing manner upon the owner's agent or upon the person responsible for the crane shall constitute service of notice upon the owner.
e. 
The equipment determined to be unsafe by the Municipal Engineer may be restored to a safe condition. To the extent that repairs, alterations or additions are made during restoration of such equipment, such repairs, alterations or additions shall comply with all applicable codes.
f. 
Any person who refuses or neglects to comply with the requirements of an order to abate an unsafe condition shall be subject to a fine or imprisonment in accordance with this section.
[Ord. No. 30-2016]
a. 
Any person who operates a crane without meeting the requirements of this section or any rule or regulation promulgated thereunder shall be subject to a fine of not less than $1,000 and no more than $10,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.
b. 
Any person or company who employs an unlicensed person as a crane operator or who permits or directs an unlicensed person to operate a crane shall be subject to a fine of not less than $2,000 nor more than $20,000 for each violation. Each day of illegal operation shall constitute a separate and distinct offense.