[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.
(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.
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]
[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;
amended 6-29-2022 by Ord. No. 10-2022]
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.
*An additional $40 cancellation fee shall be assessed for each
inspection appointment cancelled or not rescheduled at least 24 hours
in advance of such appointment.
[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:
[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]
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.
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.
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.
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.
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; amended 5-24-2021 by Ord. No. 16-21; 11-22-2021 by Ord. No. 25-21]
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 1 to May 1 to maintain
a minimum temperature of 68 degrees Fahrenheit between the hours of
6:00 a.m. and 11:00 p.m. and at least 65 degrees Fahrenheit between
the hours of 11:00 p.m. and 6:00 a.m. in all habitable rooms, bathrooms
and toilet rooms.
[Added 5-24-2021 by Ord. No. 16-21; amended 9-26-2022 by Ord. No. 17-2022]
a.
Every heating system regulated by § 11-7 must be registered and licensed by the Building Department.
b.
Every owner and operator of any building containing three or more
units, 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 must have his or her heating system certified to
be in proper working order as to provide legal temperatures as required
by this section. This certification must be made by any qualified
inspection agency or heating contractor, a copy of the same to be
sent to the Town of Guttenberg Construction Official no later than
the 20th of September of the same year with the required fee. All
boilers shall be inspected between June 1 and August 31.
c.
It shall be the duty of every owner, manager and superintendent or
his agent responsible for maintaining heat to notify the Town of Guttenberg
within four hours of any malfunction of the heating system.
d.
Failure to conduct a heating system inspection and furnish said report to the Building Department together with the name, address and phone number of the person responsible for the maintenance of heat on a twenty-four-hour basis will be considered a violation of this section subject to the penalties and remedies contained in § 11-7.5. Upon conviction in Municipal Court the Construction Official may engage a qualified inspection agency or heating contractor to conduct a heating system inspection at the owner's expense, as any person conducting such inspection Any person who supplies material or services in accordance with this section shall bill the landlord directly and by filing a notice approved by the Guttenberg Health Department, with the county clerk, shall have a lien on the premises where the materials were used or services supplied as per N.J.S.A. 26:3-31.
e.
Landlords or their designated agent shall keep a permanent up-to-date
record of each tenant complaint of insufficient heat. Complaint log
shall contain the date and time received, name and address of tenant,
date and time it was answered and deposition signed by the person
answering the complaint. Such log shall be available to the inspector
at all times.
f.
The annual license fee shall be $5 per dwelling unit.
[Ord. No. 25-2016; amended 5-24-2021 by Ord. No. 16-21]
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:
Shall mean the Crane Operators License Advisory Board established
pursuant to N.J.S.A. 45:26-3.
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.
Shall mean the Commissioner of Labor.
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.
Shall mean an individual engaged in the operation of a crane.
Shall mean operating, inspecting, training and maintenance
experience acceptable to the board.
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:
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).
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.
