[1]
Editor's Note: N.J.S.A. 52:27D et seq. provides for the enforcement
of New Jersey's Uniform Construction Codes by the municipalities.
[1972 Code § 24-1.1; New]
There is hereby established in the City a State Uniform Construction
Code Enforcing Agency, pursuant to N.J.S.A. 52:27D-119 et seq., and
N.J.A.C. 5:23-1 et seq., to be known as the Construction Agency of
the City of Bayonne. The agency shall consist of a Construction Official,
Building Subcode Official, Plumbing Subcode Official, Electrical Subcode
Official, Fire Protection Subcode Official, inspectors and such other
subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code and
such other inspectors and other personnel as are necessary for the
proper conduct of enforcement. The Construction Official shall be
the chief administrator of the enforcing agency.
[1972 Code § 24-1.2]
Each official position created in subsection 15-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23; provided that in lieu of any particular subcode official, an onsite inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person; provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 et seq. to hold each such position.
[1972 Code § 24-1.3]
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.
[1]
Editor's Note: Former Section 15-2, Construction Board of
Appeals containing 2002 Code §§ 15-2.1 through 15-2.4
was deleted in its entirety by Ordinance No. O-14-24.
[1972 Code § 24-3.1; Ord. No. O-05-16 § 1; Ord. No. O-07-01 § 1; Ord. No. O-07-08 § 1; Ord. No. O-12-02 § 7; Ord. No. O-12-23; Ord. No. O-14-25; Ord. No. O-15-22]
The fee for a construction permit shall be the sum of the subcode
fees listed in paragraphs a through f hereof and shall be paid before
the permit is issued. A fine in accordance with the Uniform Construction
Code shall be assessed when work for which a permit is required is
commenced prior to the issuance of a permit.
a.
Building Subcode. The building subcode fees shall be:
1.
New structure fee.
(a)
All use groups (except for open-volume single-story spaces as defined in Subsection a1(c) below - Volume of building in cubic feet x $0.04 plus current NJ State surcharge fee per cubic foot x $0.00334.
[Amended 2-19-2020 by Ord. No. O-20-10]
(b)
Permit for temporary structure - $75.
(c)
Open-volume single-story spaces in excess of 100,000 square feet,
such as warehouses, distribution centers - Volume of building in cubic
feet x $0.03 plus current NJ State surcharge fee per cubic foot x
$0.00334. Volume shall be calculated on the basis of the volume of
the building, with the height of the building capped at 20 feet per
story, notwithstanding the fact that the actual height of the building
may be greater
[Added 2-19-2020 by Ord. No. O-20-10]
2.
Renovations, alterations and minor work.
(a)
$28 per $1,000 of estimated cost up to $50,000.
Additional 26.00 per $1,000 of estimated cost above $50,001
up to $100,000.
Additional 24.00 per $1,000 of estimated cost above $100,001.
(b)
Applicant shall submit cost data by architect or engineer of
record, a recognized estimating firm, or by contractor bid. The City
of Bayonne Building Department will review the estimated cost for
acceptability.
4.
Training and certificate fee - As per uniform construction code,
N.J.A.C. 5:23-4:19.
6.
Fence Permit.
50 feet - $75.
51-100 feet - $90.
Over 101 feet - $200.
7.
Retaining Walls. (Walls at or above four feet high or a wall less
than four feet having a negative impact on a foundation.)
Retaining Walls under 550 SF - Minimum fee - $100.
Over 550 SF surface area - Minimum fee - $190.
8.
Tank removals and abandonment in place, each:
Up to 1,000 gals. - $150.
Over 1,000 gals. - $425.
b.
Electrical Subcode Fees:
1.
Fixtures, receptacles, fractional motors, detectors, phones and switches
- block of 25 - $80.
Each additional 25 - $25.
Receptacles 30 amps and above - $30 each.
2.
Range, oven and surface units - $60.
3.
Dishwasher, garbage disposal and dryer - residential - $20.
Dishwasher - commercial - $30.
4.
Air-conditioning units up to five tons - $60.
5.
Air handlers and air-conditioning units over five tons - $110.
6.
Burglar alarms, intercoms, smoke/heat detectors, security alarms - $40 per dwelling. If other than a dwelling, subsection 15-3.1(b)(1) applies.
8.
Water heater - $40.
9.
Central heat - $60.
10.
Baseboard heat units per 100 kW - $25.
11.
Heat pumps - heat or cooling units - $45 per 100 kW.
13.
Generators.
Up to 50 kW each - $75.
51-100 kW - $130.
101-200 kW - $580.
201 kW and above - An additional $3 per kW
14.
Light standards - four lights per pole - $25.
15.
Motors.
1-10 hp - $35.
11-50 hp - $80.
51-100 hp - $185.
101 hp and above - $650.
16.
Transformers.
1-10 kW - $40.
11-50 kW - $90.
51-112 1/2 kW - $205.
112 1/2 - 500 kW - $450.
Over 500 kW - $675.
17.
Signs - $40.
18.
Motor control/sub-panels same as service entrance.
19.
Photovoltaic systems.
1-50kW - $125.
Over 50kW - Additional $25 per kW.
20.
Space Heater - $60.
21.
Air Handler - $60.
22.
Hot Tub - $60.
23.
Whirlpool - $60.
24.
Cellular Antenna's and Equipment Cabinets - $100 per antenna.
c.
Plumbing Subcode Fees:
1.
Plumbing fixtures and appliances - $10.
2.
Water heaters - $85.
3.
Special devices - $60.
4.
Heating appliances - $60.
5.
Air conditioning equipment - $75.
6.
Solar heating - $75.
8.
Gas piping - $85.
9.
Backflow preventer 1/2 inch - 3/4 inch - $30.
Backflow preventer greater than 3/4 inch - $85.
10.
Appliances - $60.
11.
Water Closet - $30.
12.
Urinal/Bidet - $30.
13.
Bathtub - $30.
14.
Lavatory - $30.
15.
Shower - $30.
16.
Floor drain - $30.
17.
Sink - $30.
18.
Dishwasher - $30.
19.
Dishwasher Commercial - $75.
20.
Drinking Fountain - $30.
21.
Washing machine - $30.
22.
Hose bibb - $30.
23.
Gas piping - $85.
24.
Water heater - $75.
25.
Steam boiler - $100.
26.
Hot water boiler - $85.
27.
Boilers above 200,000 BTU - $100.
28.
Stacks - $75.
29.
House trap - $25.
30.
Interceptor/separator - $30.
31.
Backflow preventer - $25.
32.
Backflow preventer over 3/4 inch - $75.
33.
Grease trap - $85.
34.
Water cooled air conditioning or refrigeration unit - $85.
35.
Sewer Connection:
Four inch - $80.
Five inch - $135.
Six inch - $300.
36.
Water service connection - $85.
37.
Gas service connection - $85.
38.
Active solar system - $85.
39.
Sewer Pump - $85.
40.
Other - $85.
d.
Fire Protection Subcode Fees:
1.
Storage tanks - Gas, oil or chemical: Each.
Up to 500 gal. capacity (residential) - $60.
Up to 500 gal. capacity (commercial) - $70.
501 to 999 gal. capacity - $100.
1,000 to 2,999 gal. capacity - $175.
3,000 to 4,999 gal. capacity - $225.
5,000 to 9,999 gal. capacity - $325.
10,000 to 19,999 gal. capacity - $500.
20,000 to 49,999 gal. capacity - $1,000.
50,000 or more gal. - $2,000.
2.
Gas and oil heating units:
Residential:
All single unit appliances - $45.
Multifamily up to six units - $85.
Central heat to six units - $85.
Additional fee per unit over six - $5.
Commercial/stores/offices/light industrial/churches:
Space heaters/unit heaters each - $45.
Central heat:
Up to 300,000 BTU's - $60.
300,001 BTU's and up - $125.
Heavy industrial:
Central heating and/or processing - $125.
High pressure boilers each - $175.
High temperature furnaces each - $175.
Space heaters: Each unit $45.
3.
Wood burning stoves: For new installations or replacements including
chimneys - $50.
4.
Smoke detectors:
Up to 25 units - $85.
Additional fee per unit in excess of 25 - $3.
5.
Standpipe installation:
Each standpipe or riser installed up to six inches - $350.
Each standpipe or riser installed over six inches - $450.
6.
Sprinkler system:
1 to 20 heads - $100.
21 to 100 heads - $150.
101 to 200 heads - $275.
201 heads and greater - $275 for first 200 heads and $150 per
each additional 50 heads or portion thereof.
7.
Fire pumps:
The fee shall be: $300 per pump
8.
Hose stations:
Each station - $12.
9.
Central stations:
Each central station - $150.
Manual or pull stations each - $60.
Master fire alarm boxes - $45.
10.
Emergency lights/exit signs:
1 to 5 - $85.
6 to 10 - $140.
11 to 15 - $180.
16 to 30 - $325.
Over 30 - $135 for each additional 20 units or portion thereof.
11.
Pre-engineered suppression system (halon, CO2, foam, wet, dry, chemical,
kitchen hood):
$250 per $1,000 of estimated cost of construction.
12.
Elevator recall system: $125.
13.
Smoke control doors: $250 each door.
e.
Elevator Subcode. In accordance with the Uniform Construction Code
(N.J.A.C. 5-23.1 et seq.), fees for private on-site elevator inspections
shall be at the rate(s) set forth in the municipal contract plus 15%.
g.
Minimum Fees.
1.
Notwithstanding the subcode fee amounts set forth herein, there shall
be a minimum fee of $100 imposed for every application where the sum
of the actual subcode fee amounts is less than $100.
h.
Fees for Certificates and Other Permits.
1.
Demolition Fees.
(a)
One- and two-family dwellings - $120.
Porches, sheds, garages and accessory structures $75 per structure.
(b)
All other use groups (greater than 5,000 square feet or more
than 30 feet high) - $75 per 5,000 square feet of floor space. The
minimum fee shall be $75.
(c)
Removal of a building from one location to another - $15 per
$1,000 of associated costs.
3.
Certificate of Occupancy Fees.
(a)
The minimum fee for any certificate shall be $75.
(b)
All use groups - 15% of new construction fee - Minimum $60.
(c)
Certificate of continued use.
Residential and commercial $60 for first unit and $15 for each
additional unit.
Assembly and industrial $0.009 for every square foot of floor
space with a minimum fee of $60 and a maximum fee of $700.
(d)
Certificate for change of use - $80 per each certificate.
5.
Building Inspection CCO Fees - NON-UCC.
(a)
Residential (buildings of 1-4 residential units):
First Unit - $100.
Each additional unit - $50.
(b)
Commercial, less than 10,000 sf total building floor area (includes
buildings of five or more residential units and buildings with mixed
commercial/residential use):
First Unit - $250.
Each additional unit - $100.
(c)
Commercial, greater than 10,000 sf total building floor area:
$800 flat fee.
[1972 Code § 24-3.2; Ord. No. O-12-02 § 7]
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid at the time of application
for a permit. The amount paid for this fee shall be deducted from
the amount of the fee to be charged for the construction permit when
the permit is issued. Plan fees are not deductible.
There shall be an additional fee of 10% of the plan review fee
for any resubmitted plans or changes to plans that have already been
released.
[1972 Code § 24-3.3]
A true copy of the construction permit issued hereunder shall
be posted in a place plainly visible from the public right-of-way
and shall remain on the site of operations open to inspection during
the entire time of prosecution of the work.
[1972 Code § 24-3.4]
The Construction Official shall, with the advice of the Subcode
Officials, annually prepare and submit to the City Council, a report
recommending a fee schedule based on the operating expenses of the
Agency and any other expenses of the City fairly attributable to the
enforcement of the State Uniform Construction Code Act.
[Ord. No. O-06-31 § 1]
Demolition sites, excavation sites structures along the public
right-of-way, and all construction of new buildings shall provide
a barrier that safeguards the public and any adjacent property until
completion of work. The barrier shall be a six-foot high chain link
fence. The barrier, when approved, may employ existing on-site structures.
Fences shall be of sufficient strength to resist wind forces. Both
the property owner and his agent shall bear the responsibility of
maintaining the barrier until completion of work. The penalty for
failure to install or maintain a barrier shall be $500 per day.
[Ord. No. O-01-40]
Standards for determining that a building or structure, which
has been destroyed in part or in total by a fire or other act of nature,
shall constitute an inimical threat to the public welfare, and procedures
for ordering work, including the removal or demolition of such a building
or structure, and removal of debris, are hereby established pursuant
to the emergency powers of the City of Bayonne, and in accordance
with New Jersey Statutes and the New Jersey Administrative Code.
[Ord. No. O-01-40]
It shall be the primary responsibility of the Fire Department to abate the imminent fire hazard pursuant to the authority conveyed in the Uniform Fire Code, contained in Chapter 19 of the Revised General Ordinances. Once the Fire Official determines the imminent fire hazard has been abated, he shall notify the Construction Official.
[Ord. No. O1-01-40]
In the event a fire or other act of nature has left a building or structure in such a condition that there is actual and immediate danger of collapse, or failure of any part of the building or structure, which would endanger life, the Construction Official shall cause the necessary work to be done to render such building or structure temporarily safe, including removal or demolition, without instituting the legal procedure or action provided for in Sections 15-6 and 15-10 of this chapter. The Construction Official, together with the City Engineer, shall determine that a building or structure, or part thereof, is in such a condition that there is actual and immediate danger of collapse. It shall be the responsibility of the City Engineer to provide certification of the immediate danger, upon which the Construction Official shall issue an order for the necessary work to be done to render the building, structure or part thereof, safe, or to remove or demolish it, including the removal of debris. The Construction Official shall have no obligation to cause work to be done to the building, structure or part thereof, in order to make it safe, which is outside the scope of securing the site.
[Ord. No. O-01-40]
Upon receiving certification by the City Engineer that a building
or structure, or part thereof, is in actual and immediate danger of
collapse, the Construction Official shall make a reasonable effort,
given the circumstances and impending danger of collapse, to notify
the owner and provide with him the opportunity to undertake work,
removal or demolition, including removal of debris.
[Ord. No. O-01-40]
If the owner does not notify the Construction Official that
he has made arrangements for the work, including removal, demolition,
and debris removal, and fails to undertake and complete the work,
removal or demolition of the building or structure, including removal
of the debris, within a reasonable time period given the immediacy
of the condition as prescribed by the City Engineer, the City shall
award an emergency contract for the work, including removal or demolition
of the building or structure and removal of debris, pursuant to N.J.S.A.
40A:11-6, and in accordance with the following procedures.
a.
The Construction Official shall maintain an active list of qualified
contractors that express the desire to bid for work, removal or demolition
contracts including removal of debris, awarded pursuant to this section.
It shall be the sole responsibility of the contractor to express its
desire to bid. The contractor shall do so by providing the Construction
Official with updated information including the company name, address,
telephone or pager number where an individual with authority to act
on behalf of the company is accessible at all times, any other information
the Construction Official deems necessary to identify and contact
the contractor in the event the City undertakes work, removal or demolition
of the building or structure, including removal of debris, and to
determine if the contractor is qualified to perform such work.
b.
The Construction Official shall verbally notify the contractors that
appear on the list maintained in accordance with this section, of
a designated time and place for all interested bidders to convene
and submit specifications and bids for the contract.
c.
Upon receipt and review of the specifications and bids submitted
by the interested contractors, the Construction Official shall award
the work, removal, demolition and/or debris removal contract to the
lowest qualified bidder.
[Ord. No. O-01-40]
If it becomes necessary for the City to undertake work, including removal or demolition of any building or structure, or part thereof, including removal of debris, because it has been determined inimical to the public welfare in accordance with the provisions of this section, the City shall assess the cost of such work, removal or demolition including the removal of debris as a municipal lien against the premises. The City may enforce such assessment, with interest, against any fire insurance proceeds, as provided in Section 2-42 of the Revised General Ordinances, or as a debt of the owner of the premises and authorize institution of an action at law for the collection thereof, as provided in N.J.S.A. 40:48-1.1.
[Ord. No. O-01-40]
If the City Engineer determines that a building or structure, or part thereof, which has been damaged by fire or other act of nature, does not pose an inimical threat to the public welfare, as defined in this section, but nonetheless is unsafe or unfit for human habitation or occupancy, the building or structure shall be declared an unfit dwelling or nuisance, and be subject to the legal process set forth in Section 15-6 and 15-10 of this chapter.
[Ord. No. O-01-40]
Nothing in this section shall be construed as limiting the powers
of the municipality, or its officials, as provided in any other municipal
ordinance, or by New Jersey Statute, Administrative Rule or Regulation.
[1972 Code § 12-4.1]
As used in this section:
Shall mean any building, or structure, or part thereof, whether
used for human habitation or otherwise, and includes ancillary structures
and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any officer who is in charge of any Department
or branch of the government of the City, County or State relating
to health, fire, building regulations, or to other activities concerning
buildings in the City.
Shall mean the City Engineer.
[1972 Code § 12-4.2]
a.
Designation of Public Officer. The City Engineer is hereby designated
as the Public Officer authorized to enforce the provisions of this
section.
b.
Notice and Hearing. Whenever a petition is filed with the Public
Officer by a public authority or by at least five residents of the
City charging that any building is unfit for human habitation or occupancy
or use whenever it appears to the Public Officer (on his own motion)
that any building is unfit for human habitation or occupancy or use,
the Public Officer shall, if his preliminary investigation discloses
a basis for such charges, issue and cause to be served upon the owner
of and parties in interest in such building a complaint stating the
charges in that respect and containing a notice that a hearing will
be held before the Public Officer (or his designated agent) at a place
herein fixed not less than 10 days nor more than 30 days after the
serving of the complaint. The owner and parties in interest shall
be given the right to file an answer to the complaint and to appear
in person, or otherwise, and give testimony at the place and time
fixed in the complaint. The rules of evidence prevailing in the courts
shall not be controlling in hearings before the Public Officer.
c.
Findings and Orders. If, after such notice and hearing, the Public
Officer determines that the building under consideration is unfit
for human habitation or occupancy or use he shall state in writing
his findings of fact in support of such determination and shall issue
and cause to be served upon the owner thereof and parties in interest
an order:
1.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the building vacated and closed within the times set forth in
the order; and
2.
If the building is in such a condition as to make it dangerous to
the health and safety of persons on or near the premises, and the
owner fails to repair, alter or improve the building within the time
specified in the order, then the owner shall be required to remove
or demolish the building within a reasonable time as specified in
the order of removal.
d.
Failure of Owner to Comply with Order to Repair, Alter or Improve.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Public Officer may cause such building to be repaired, altered
or improved, or to be vacated and closed; that the Public Officer
may cause to be posted on the main entrance of any building so closed,
a placard with the following words: "This building is unfit for human
habitation or occupancy or use; the use or occupation of this building
is prohibited and unlawful."
e.
Failure of Owner to Comply with Order to Remove or Demolish. If the
owner fails to comply with an order to remove or demolish the building,
the Public Officer may cause such building to be removed or demolished
or may contract for the removal or demolition thereof after advertisement
for, and receipt of, bids therefor.
f.
Recovery of Expenses; Imposition of Lien; Proceeds from Sale of Materials
on Removal or Demolition; Deposit in Court the Amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this act determined in favor of the City, and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or the amount of the
balance thereof remaining after deduction of the sum, if any, realized
from the sale of materials derived from such building or from any
contract for removal or demolition thereof, shall be a municipal lien
against the real property upon which such cost was incurred. If the
building is removed or demolished by the Public Officer, he shall
sell the materials of such building. There shall be credited against
the cost of the removal or demolition thereof, the proceeds of any
sale of such materials or any sum derived from any contract for the
removal or demolition of the building. If there are no such credits
or if the sum total of such costs exceeds the total of such credits,
a detailed statement of the aforesaid costs and the amount so due
shall be filed with the City Tax Assessor or other custodian of the
records of tax liens and a copy thereof shall be forthwith forwarded
to the owner by registered mail. If the total of the credits exceed
such costs, the balance remaining shall be deposited in the Superior
Court by the Public Officer, shall be secured in such manner as may
be directed by such court, and shall be disbursed according to the
order or judgment of the court to the persons found to be entitled
thereto by final order or judgment of such court; provided, however,
that nothing in this section shall be construed to impair or limit
in any way the power of the City to define and declare nuisances and
to cause their removal or abatement, by summary proceedings or otherwise.
Any owner or party in interest may, within 60 days from the date of
the filing of the lien certificate, proceed in a summary manner in
the Superior Court to contest the reasonableness of the amount or
the accuracy of the costs set forth in the City lien certificate.
[1972 Code § 12-4.3]
The Public Officer is hereby authorized to exercise such powers
as may be necessary or convenient to carry out and effectuate the
purposes and provisions of this section including the following powers
in addition to others herein granted:
a.
To investigate the building conditions in the City in order to determine
which buildings therein are unfit for human habitation or occupancy
or use;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examinations; provided,
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the ordinances;
and
e.
To delegate any of his functions and powers under the ordinance to
such officers and agents as he may designate.
[1972 Code § 12-4.4]
Complaints or orders issued by a Public Officer pursuant to
the provisions of this section shall be served upon persons either
personally or by registered mail, but if the whereabouts of such persons
is unknown and the same cannot be ascertained by the Public Officer
in the exercise of reasonable diligence, and the Public Officer shall
make an affidavit to that effect, then the serving of such complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper printed and published
in the City, or, in the absence of such newspaper, in one printed
and published in the County and circulating in the City in which the
buildings are located. A copy of such complaint or order shall be
duly recorded or lodged for record with the County Recording Officer
of Hudson County.
[1972 Code § 12-4.5]
The Public Officer may determine that a building is unfit for
human habitation or occupancy or use if he finds that conditions exist
in such building which are dangerous or injurious to the health or
safety of the occupants of such building, the occupants of neighboring
buildings or other residents of such City; such conditions may include
the following, without limiting the generality of the foregoing: defects
therein increasing the hazards of fire, accident, or other calamities;
lack of adequate ventilation, light, or sanitary facilities; dilapidation;
disrepair, structural defects; uncleanliness.
The Public Officer is authorized to request and receive from
any public authority he deems appropriate, reports of inspection and
evaluations made by such public authorities regarding conditions in
the building or buildings which are the subject of any action taken
in accordance with this section.
[1972 Code § 12-4.6]
Nothing in this section shall be construed to abrogate or impair
the powers of any Department of the City to enforce any provisions
of the Charter or the ordinances or regulations of the City, nor to
prevent or punish violations thereof; and the powers conferred by
this section shall be in addition and supplemental to the powers conferred
by any other law.
[1972 Code § 12-5; Ord. No. O-07-01 § 2]
Except as provided in subsection 15-7.5, it shall be unlawful for any person to engage in the business or act in the capacity of a contractor within the City without first having registered as provided herein.
Except as provided in subsection 15-7.5, no permit shall be issued by the Construction Official for the erection, construction, reconstruction, structural alteration or removal of any commercial property, as defined herein, to anyone except a duly registered contractor or his authorized agent under the provisions of this section.
[1972 Code § 12-5.1; Ord. No. O-03-12 § 1; Ord. No. O-07-01 § 2; Ord. No. O-08-19 § 1; Ord. No. O-09-28 § 2]
As used in this section:
Shall mean a certificate of registration issued under subsection 15-7.3.
Shall mean a parcel of land upon which activity involving
the sale of goods or services is carried out for profit.
Shall mean the New Jersey State Uniform Construction Code.
Shall mean any person who owns and operates a commercial
business or who undertakes, offers to undertake or agrees to perform
any commercial improvement.
Shall mean the Head of the Division of Community Development
or his designee.
Shall mean all chattels personal which are furnished or used
in the modernization, rehabilitation, repair, alteration or improvement
of real property.
Shall include, but not be limited to, the repair, replacement,
remodeling, alteration, conversion, modernization, improvement, rehabilitation
of or addition to any land or building, or portion thereof, which
is used or designed to be used as a private residence or dwelling
place; or the construction, replacement, installation or improvement
of driveways, swimming pools, porches, garages, roofs, siding insulation,
solar energy systems, flooring, patios, fences, doors, windows or
waterproofing in connection with such land or building, or portion
thereof, which is used or designed to be used as a private residence
or dwelling place. "Home improvement" does not include:
The construction of a new home.
The sale of goods by a seller who neither arranges to perform
nor performs, directly or indirectly, any work or labor in connection
with the installation or application of the goods or materials.
The sale of goods or services furnished for commercial or business
use or for resale.
The sale of appliances, such as stoves, refrigerators, freezers,
room air conditioners and others which are designed for and are easily
removable from the premises without material alteration thereof.
Shall mean an agreement, whether contained in one or more
documents, between a contractor and an owner for the performance of
a home improvement.
Shall mean a person who owns a private residence, as defined
herein.
Shall mean a single family dwelling or a multifamily dwelling
consisting of not more than four units.
[1972 Code § 12-5.2; Ord. No. O-07-01 § 2; Ord. No. O-09-28 § 2]
Except as otherwise provided herein, the Construction Official
shall, within seven days of receipt of a verified application, certificate
of insurance, and fees as prescribed by this section, register an
applicant in accordance with the appropriate classification or classifications
and issue a certificate of registration.
a.
Classes of Registration. There shall be the following classes of
registration pursuant to this section.
1.
General contractor or builder. A contractor engaged in the business
of constructing buildings or structures from start to finish or the
alteration, addition to or repair of any building or structure. This
class of contractor shall be completely responsible for his subcontractors'
work.
2.
Roofing contractor. A contractor who is engaged in the business of
applying roofing and siding materials to existing or new buildings
or structures.
3.
Demolition contractor. A contractor who is engaged in the business
of demolishing buildings or structures in whole or in part.
4.
Moving contractor. A contractor who is engaged in the business of
moving building or structures.
5.
Swimming pool contractor. A contractor who is engaged in the business
of installing or repairing swimming pools or equipment and appurtenances
related thereto.
6.
Sign or billboard contractor. A contractor who is engaged in the
business of erecting, altering or maintaining signs or billboards.
7.
Siding contractor. A contractor who is engaged in the business of
applying siding material to existing or new buildings or structures.
8.
Mason contractor. A contractor who is engaged in the business of
arranging brick, stone or concrete in walls or structures of any kind.
9.
Miscellaneous contractor. A contractor who is engaged in work of
a special character as determined by the construction official.
b.
Application Requirements.
1.
Application for registration shall be made in writing on forms supplied
by the Division of Community Development and shall contain the following
information:
(a)
The applicant's name, business name and business address.
(b)
Whether the applicant is an individual, a partnership, a corporation
or any other entity.
(c)
If the applicant is an individual, the applicant's residence
address.
(d)
If the applicant is a partnership, the full names and residence
addresses of each partner.
(e)
If the applicant is a corporation, the name and address of the
registered agent and the address of the principal office in New Jersey.
(f)
The name and address of the person to whom all notices required
by this section shall be sent.
(g)
The number of years the applicant has been in business at its
current location or at any prior location, including the addresses
of such prior location(s), if any, within the last five years.
(h)
The class or classes for which the applicant is seeking registration.
2.
The applicant shall provide a certificate of general liability insurance
naming the City of Bayonne as the certificate holder, insuring the
applicant in the amount of at least $500,000, and describing the operations
for which the applicant is insured.
c.
Fee. The fee for registering as a commercial contractor shall be
$60 annually. At the time of initial registration or renewal thereof,
an applicant shall pay only one fee regardless of the number of classes
for which he is seeking registration.
[1972 Code § 12-5.3; Ord. No. O-09-28 § 2]
a.
Reasons for Refusal to Reregister or Revocation of License. An applicant
will not be allowed to register or to reregister in the City, and
a registration may be revoked, if the applicant or registrant or an
officer, partner, director or stockholder of the registrant or applicant
has at any time:
1.
Willfully misrepresented any material fact in the registration application.
2.
Willfully refused to correct violations of the State Uniform Construction
Code after notice as provided in the State Uniform Construction Code.
3.
Willfully violated, to any substantial degree, the Uniform Construction
Code or any other Statutes, ordinances or regulations relevant to
the construction, alteration or repair of any building, structure
or land.
b.
Denial of Registration. The Head of the Division of Community Development
shall notify the applicant, by personal service or certified mail,
the reason or reasons for the denial of registration and apprising
the applicant that he is entitled to a hearing.
c.
Revocation of Registration. If the Head of the Division of Community
Development, based upon his or her own knowledge or after investigation
based upon the verified written statement of any interested party,
believes that sufficient cause exists to revoke a registration, he
or she shall, personally or by certified mail, serve the registrant
with a notice of intent to revoke. The notice shall set forth the
grounds for the revocation together with a statement of facts in support
thereof and apprising the registrant that he is entitled to a hearing
prior to revocation.
d.
Hearings.
1.
The registrant may request a hearing to determine the validity of
the grounds for denial or revocation of registration. The request
shall be in writing and received by the Construction Official within
20 days of service of the notice of denial or intent to revoke. If
no request is made within this time or such additional time as agreed
to by the Head of the Division, the hearing may be deemed waived and
the determination of the director will be deemed final.
2.
If a hearing is requested, it shall be held within 30 days of the
request and upon five days' notice by certified mail to the applicant
or registrant.
3.
The hearing shall be held before the Head of the Division of Community
Development. The applicant or registrant shall have the right to appear
personally or by counsel, cross-examine witnesses and present evidence
in his behalf.
4.
Within five days of the hearing, the Head of the Division of Community
Development shall make a final determination and shall notify the
applicant or registrant in writing of his or her decision either personally
or by certified mail. Following the hearing, if the Head of the Division
of Community Development finds that the registration should be denied
or revoked, such determination shall be effective immediately.
e.
Appeals.
1.
Any person aggrieved by the action of the Construction Official or
the Head of the Division of Community Development shall have the right
to appeal to the Construction Board of Appeals of the City of Bayonne.
2.
Such appeal shall be taken in the time and manner provided for appeals
to Board as provided in the Uniform Construction Code.
f.
Reregistration After Revocation. Any person whose certificate has
been revoked hereunder may reregister if the grounds upon which such
certificate was revoked are removed or corrected, or are found to
no longer preclude registration and upon payment of the appropriate
fee.
[1972 Code § 12-5.4; Ord. No. O-03-12 § 2; Ord. No. O-07-01 § 2]
Nothing in this section shall require the registration of, or
prohibit issuance of a building permit to, the following:
a.
An electrician or plumber licensed pursuant to the laws of the State
of New Jersey.
[1972 Code § 12-5.5; New]
[Ord. No. O-10-01]
a.
It has been brought to the attention of the City of Bayonne Construction
Official, the City of Bayonne Fire Official and the Bayonne Health
Department Director that there are a number of unlawful residential
occupancies within the City of Bayonne and that said unlawful residential
occupancies continue to exist within the City of Bayonne.
b.
The City of Bayonne has afforded its citizens, property owners and
tenants ample opportunity to take the appropriate action to eliminate
or legalize said unlawful residential occupancies with little success.
c.
The Bayonne City Council finds that such unlawful residential occupancies
are a detriment to the citizens of the City of Bayonne and determines
cause the abatement of same in order to promote the general health,
welfare and safety of the citizens of Bayonne.
d.
Eliminating the number of unlawful residential occupancies in the
City of Bayonne requires enforcement and the imposition of stringent
penalties for offenders, especially repeat offenders.
[Ord. No. O-10-01]
a.
No person shall: (1) lease nor offer to lease; or (2) rent nor offer
to rent; or (3) collect rent nor lease payments; or (4) barter for
services in lieu of rent or lease payments; or (5) permit occupancy
of any "Illegal Dwelling Unit" as defined herein;
b.
No person shall: (1) lease nor offer to lease; or (2) rent nor offer
to rent; or (3) collect rent nor lease payments; or (4) barter for
services in lieu of rent or lease payments; or (5) permit occupancy
of any "cubicle" as defined herein.
[Ord. No. O-10-01]
As used in this section:
Shall mean one or more rooms occupied or intended for occupancy
with sleeping facilities, but without one or more of the requirements
of a "dwelling unit" as defined in herein.
Shall mean one or more rooms occupied or intended for occupancy
as separate living quarters for one family with access directly from
the outside of the building or through a common hall or passageway
and for which separate cooking, sleeping and sanitary facilities are
provided for the exclusive use of the occupants.
Shall be defined as one:
Shall mean the fee owner, whether a natural person, corporation,
limited liability company or other entity or any other natural person,
corporation, limited liability company with authority or apparent
authority to lease, or rent or authorize occupancy from the fee owner.
[Ord. No. O-10-01]
Any person who violates any provisions of this section shall
be penalized as follows:
a.
For the first violation — a fine of up to $750 per day for each violation for each dwelling unit and/or 10 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof;
b.
For a second violation — a fine of not less than $750 and not more than $1,500 per day for each violation for each dwelling unit and/or 20 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof;
c.
For a third and subsequent violation — a fine of not less than $1,500 per day for each violation for each dwelling unit and/or 30 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof.
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Each day a person violates a provision of this section shall
be considered a separate and distinct violation.
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[Ord. No. O-10-01]
Any person who violates any provisions of this section and a
tenant is displaced and must vacate the illegal occupancy as a result
of the illegal status of the dwelling unit or cubicle, said person
shall be required to make a mandatory contribution to the City's Relocation
Assistance Fund in the amount of at least one month's rent and not
to exceed the amount equivalent to six month's rent in the discretion
of the Municipal Court Judge for each violation for each dwelling
unit. In any event, the minimum amount of the owner-landlord's contribution
to the City's Relocation Assistance Fund shall be $500 for each violation
for each dwelling. This payment to the City's Relocation Assistance
Fund is in addition to any other fines, penalties or other amounts
that may apply pursuant to New Jersey Statutes relating to eviction
of tenant of illegal occupancies.
[Ord. No. O-10-01]
This section may be enforced by the City of Bayonne Building
Department Inspectors, City of Bayonne Bureau of Fire Prevention Inspectors,
City of Bayonne Housing Inspectors and City of Bayonne Health Inspectors
together with any other municipal officials authorized to enforce
City of Bayonne Ordinances.
[Ord. No. O-10-02]
The City of Bayonne finds that in pursuit of the health, safety
and welfare of the citizens of the City, tenants who are forced to
leave their homes due to an illegal occupancy must be entitled to
relocation assistance from their landlords.
The City of Bayonne currently does not have an ordinance requiring
property owners-landlords to pay for relocation assistance for tenants
who are forced to vacate their homes due to illegal occupancy.
[Ord. No. O-10-02]
a.
Any tenant who receives a notice of eviction pursuant to N.J.S.A.
2A:18-61.2 or who otherwise receives written notice from the City
of Bayonne Construction Official, Fire Official, Health Director or
City Engineer that the dwelling unit is an illegal occupancy and must
be vacated, and said notice results from zoning or code enforcement
activity for an illegal occupancy that the landlord must correct,
pursuant to N.J.S.A. 28-61.1(g), and as a result of being cited by
local or State housing inspectors or zoning officers or any by any
City Official having enforcement authority and it is unfeasible to
correct such illegal occupancy without removing the tenant, said tenant
shall be considered a "displaced person" and shall be entitled to
relocation assistance in an amount equal to six times the monthly
rent paid by the displaced person. The owner-landlord of this structure
shall be liable for the payment of relocation assistance pursuant
to this section.
b.
In the event that owner-landlord fails to make payment to the displaced person pursuant to this section, the City, upon a showing of adequate proofs to be provided by the tenant and in its sole and absolute discretion taking into consideration all relevant factors, may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction from the City's Relocation Assistance Fund. The amount paid by the City to the tenant from the City's Relocation Assistance Fund shall not exceed any amount that may be due from the landlord pursuant to subsection 15-9.2a of this section.
c.
All relocation assistance costs incurred by a municipality pursuant
to this section shall be repaid by the owner-landlord of the structure
to the municipality in the same manner as relocation costs are billed
pursuant to N.J.S.A. 20:4-4.1 and 4.2 and must be paid by the owner-landlord
within 10 days after the mailing of such written demand for reimbursement
of any funds expended by the City of Bayonne pursuant to this section.
If timely payment is not made by the owner-landlord, the City of Bayonne
shall be entitled to recover the reasonable cost of its attorney's
fees and costs incurred by the City of Bayonne to enforce this section.
d.
All repayments shall be deposited into the City's Relocation Assistance
Fund.
e.
The City may, after a hearing, impose upon the owner-landlord, for
a second or subsequent violation for an illegal occupancy, a fine
equal to the annual tuition cost of any resident of the illegally
occupied unit attending a public school, which fine shall be recovered
in a civil action by a summary proceeding in the name of the City,
pursuant to N.J.S.A. 2A:58-10 et seq.
f.
The Municipal Court and the Superior Court shall have jurisdiction
of proceedings for the enforcement of the penalties provided by this
section, pursuant to N.J.S.A. 2A:18-61.1(g).
[1]
Editor's Note: The power to adopt a Housing Code by reference
is contained in N.J.S.A. 40:49-5.1 et seq.
[1972 Code § 13-1]
It is hereby found and declared that there exist in the City
structures used for residential and nonresidential purposes which
are, or may become in the future, substandard with respect to structure,
equipment maintenance, or further that such conditions together with
inadequate light and air, insufficient protection against hazards,
lack of proper heating, unsanitary conditions, overcrowding, structural
deterioration, lack of maintenance and appearance of exterior of premises,
infestation, lack of essential plumbing, storage or refrigeration
equipment, lack of maintenance of upkeep of essential utilities and
facilities, constitute a menace to the health, safety, morals, welfare
and reasonable comfort of the citizens and inhabitants of the City.
It is further found and declared that by reason of lack of maintenance
and progressive deterioration, certain properties have the further
effect of creating blighting conditions and initiating slums and that
if the same are not curtailed and removed, the conditions will grow
and spread and will necessitate in time the expenditure of large amounts
of public funds to correct and eliminate the same and that by reason
of timely regulations and restrictions as herein contained, the growth
of slums and blight may be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
[1972 Code § 13-2.1]
A Code establishing standards for use as a guide in determining
whether dwellings in the City of Bayonne are safe, sanitary and fit
for human habitation and rental, is hereby established pursuant to
N.J.S.A. 40:49-5.1. The title of the Code shall be the Housing Code
of the City of Bayonne as adopted by ordinance on July 26, 1961 and
all amendments and supplements thereto.
[1972 Code § 13-2.2]
Ten copies of the Housing Code of the City of Bayonne have been
placed on file in the office of the City Clerk for the use, examination
and information of the public.
[1972 Code § 13-2.23]
Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of the Housing Code irrespective of when such building shall have been constructed, altered or repaired. The Code establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in subsection 15-14.1 of this chapter.
[1972 Code § 13-2.4]
The Housing Code is amended as follows:
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Section 5. Certificate of Necessity to Require Adjacent Owner
to Permit Access for Purpose of Repair; Bond to be Furnished:
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(A) Procedure to Secure Certificate of Necessity.
Any owner who, on his own initiative or pursuant to an order or directive
of any public authority desires to take preventive maintenance measures,
such as to paint, repair or install siding of any type, including
windows, or make any repairs or improvements of any nature, is unable
to accomplish same without having access to adjacent property may,
where such access has been denied him, apply to the Public Officer
for a certificate of necessity. The owner shall make application by
filing an affidavit certifying the need for access and the refusal
of the adjacent owner to permit access. Where the owner makes the
application within 10 days of denial of access by the adjacent owner,
a public authority may, upon showing of good faith, grant an extension
of time to comply with the order sufficient to permit the owner to
secure a certificate of necessity as provided herein. The Public Officer
shall then order the adjoining owner to appear before him or his designated
agent on a fixed day and at a fixed time and place to show cause why
an order should not be issued by him to the adjoining owner directing
him to permit the requested access for the purpose herein stated.
The order shall be served personally on such owner or by leaving a
copy thereof at his place of residence with a member of the family
over the age of 14 years, in which order the required appearance shall
be not less than 10 days from the date of such service. If service
of the order to show cause cannot be made as above directed, then
it may be effected by certified or registered mail addressed to the
place of residence of such owner, in which case the required appearance
shall be not less than 15 days from date of mailing. If the residence
of such owner cannot, after due diligence, be ascertained and an affidavit
to that effect shall be made by the head of the Code Enforcement Agency,
then the serving of such order to show cause upon such owner may be
made by publishing the same once in a newspaper published in the City,
in which case the order shall extend the appearance for a period of
not less than 35 nor more than 60 days from the date of publication
of the order. Proof of publication of such order, together with a
copy of the order, shall be filed in the office of the head of the
Code Enforcement Agency. A copy of any order served by publication
or certified or registered mail shall be posted in a conspicuous place
on the exterior of the premises affected by the order on or before
the date of publication. The order to show cause shall apprise such
owner of the reason for the requested appearance before the Public
Officer.
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Section 2.8(B) Interior.
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(1) Interior painting, plastering and papering sidewalls,
window frames, doors and other woodwork, and ceilings of every habitable
room, bathrooms, laundries, foyer, halls, corridors, closets and compartments
within a dwelling shall be kept sufficiently painted, plastered, papered
or otherwise maintained in a state of sound repair and sanitary condition.
PAINT USED ON INTERIOR SURFACES SHALL BE INTERIOR PAINT. INTERIOR
PAINT SHALL CONTAIN NOT MORE THAN 1% LEAD. THE USE OF ANY OTHER PAINT
IS HEREBY PROHIBITED.
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Interior walls, ceilings and other exposed surfaces on the interior
of units of dwelling spaces shall be kept smooth, clean, free of flaking,
loose or peeling paint, plaster or paper, and capable of being maintained
free of visible foreign matter, vermin and in a sanitary condition.
Where necessary to accomplish the foregoing or any part thereof, by
reason of the nature of the surface material, such interior walls
shall be painted, papered, plastered or otherwise provided with a
protective coating by the owner of said premises.
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Section 2-1.
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Exterior property areas and abutting sidewalks shall be free
from conditions which might create a health, accident or fire hazard.
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[1972 Code § 13-9.1]
Any structure having any of the following defects may be designated
by the head of the Enforcement Agency as unfit for human occupancy
and may be so placarded.
a.
The structure lacks illumination, ventilation, sanitation, heat or
other facilities adequate to protect the health and safety of the
occupants or the public.
b.
The structure is damaged, decayed, dilapidated, unsanitary, unsafe
or vermin-infested in such a manner as to create a serious hazard
to the health and safety of the occupants or the public.
c.
The structure because of the location, general conditions, state
of the premises, or number of occupants is so unsanitary, unsafe,
overcrowded or otherwise detrimental to health and safety that it
creates a serious hazard to the occupants or the public.
d.
The structure is unfit because of the failure of the owner or occupant
to comply with such notices or orders issued pursuant of this section.
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Whenever the head of the Enforcement Agency determines that
a structure is unfit, he shall include such findings within the notice
of violation and he shall also include a statement of his intent to
vacate and placard the premises if compliance with the provisions
of the notice of violation has not been secured.
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[1972 Code § 13-9.2]
b.
Any structure designated as unfit pursuant to subsection 15-11.1 and ordered vacated as provided in paragraph a above shall be vacated within such reasonable time as the head of the Enforcement Agency may specify in the order. No structure shall again be used and the placard removed until written approval is secured from the head of the Enforcement Agency.
c.
No person shall deface or remove the placard from any structure which
has been designated as unfit except as provided above.
[1972 Code § 13-9.3]
The owner, agent or operator of any structure which has been
designated as unfit and vacated shall make such structure safe and
secure in whatever manner the head of the Enforcement Agency shall
deem necessary. Any vacant building open at the door and windows,
if unguarded, shall be deemed dangerous to human life and a nuisance
within the meaning of this provision.
[1972 Code § 13-10]
The foundation walls of every structure used for human habitation
shall be maintained in good repair and be structurally sound. The
stairs, porches, and railings affixed to the exterior of every structure
used for human habitation shall be kept in good repair and structurally
sound. Railings shall be provided for stairs and balconies, for porches
and accessible roofs, and for light and air shafts.
Every structure used for human habitation shall be so maintained
that it will be weather and watertight. Exterior wood and metal surfaces
shall be adequately protected against deterioration through the periodic
application of paint or other protective coatings.
[1972 Code § 13-12.1]
Whenever a notice or order to remove a violation, or secure vacate or demolish a building has not been complied with and such failure to comply is deemed by the head of the Enforcement Agency to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or cause such other action to be taken as is necessary to abate the nuisance. Whenever the head of the Enforcement Agency determines that a nuisance exists, he shall record sufficient proof to support his determination and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to Section 15-18. Abatement authorized by this section shall not commence until at least 10 days after service of the notice.
[1972 § 13-12.2]
The expenses incurred pursuant to subsection 15-13.1 shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Enforcement Agency shall file among its records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by subsection 15-13.1. The head of the Enforcement Agency may institute a suit to recover such expenses against any person liable for such expenses or may cause the expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any bona fide mortgage on such property executed and recorded prior to the existence of a lien herein authorized.
[1972 Code § 13-13.1]
a.
In any case where a provision of this chapter is found to be in conflict
with a provision of any zoning, building, electrical, plumbing, fire
safety or health ordinances, or any regulation adopted pursuant thereto,
or any other ordinances, code or regulation of the City, the provision
which establishes the highest standard shall prevail.
b.
All Departments, officials and employees of the City who have the
duty or authority to issue permits or licenses in regard to the construction,
installation, repair, use or occupancy of equipment or facilities,
shall conform to the provisions of this chapter and no such permit
or license shall be issued if such would be in conflict with this
chapter, except as provided in paragraph a above.
[1972 Code § 13-13.2]
Nothing in this chapter shall be deemed to abolish or impair
existing remedies of the City or its officers or agencies relating
to the removal or demolition of any building which is deemed to be
dangerous, unsafe or unsanitary.
[1972 Code § 13-13.3]
No owner of any building, dwelling or premises upon whom any
notice or order pursuant to this chapter has been served shall sell,
transfer, grant, mortgage, lease or otherwise dispose of such property
to another until compliance of the provisions of the notice or order
has been secured; or until the owner shall furnish to the purchaser,
transferee, grantee, mortgagee or lessee, a true copy of the notice
or order and, at the same time, give adequate notification to the
head of the Enforcement Agency of his intent to sell, transfer, grant,
mortgage or lease and supply the name and address of the person to
whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser,
transferee, grantee, mortgagee or lessee who has been informed of
the existence of any notice or order issued pursuant to this code,
shall be bound thereby.
Where a structure containing dwelling units is found to be substandard
in accordance with this Code, and at the time of the violations there
are vacant dwelling units, the vacant units shall not be rented by
the owner until all violations have been abated.
[1972 Code § 13-13.4; Ord. No.
O-09-28 § 2]
No officer, agent or employee of the City shall render himself
personally liable for any damage that may occur to persons or property
as a result of any act required or permitted in the discharge of his
duties under this chapter. Any suit brought against any officer, agent
or employee of the City as a result of any act required or permitted
in the discharge of his duties under this chapter shall be defended
by the Corporation Counsel until the final determination of the proceedings.
[1972 Code § 13-13.5; Ord. No.
O-09-28 § 2]
The Corporation Counsel shall, upon complaint of the head of
the Enforcement Agency or upon his own motion, institute appropriate
action to restrain, prevent, enjoin, abate, correct or remove the
violation and to take such other legal action as is necessary to carry
out the terms and provisions of this chapter. The remedies provided
for shall be cumulative and not exclusive and shall be in addition
to any other remedies provided by law and all remedies may be pursued
concurrently or consecutively and the pursuit of any remedy shall
not be construed as an election or the waiver of the right to pursue
any and all of the others.
[1972 Code § 13-13.6]
In connection with the preparation of any notice or order issued
under this chapter or in connection with any decision upon a hearing
as herein provided, the head of the Enforcement Agency is authorized
to request the advice, assistance and cooperation of any other official
or employee of the City whose duties may pertain to the subject matter
of this chapter.
[1972 Code § 13-14]
The head of the Enforcement Agency is authorized to make and
adopt such written rules and regulations as may be necessary for the
proper enforcement and interpretation of this chapter and to secure
the intent thereof. Such rules and regulations shall not be in conflict
with the provisions of this chapter or any other ordinance. Such rules
and regulations shall have the same force and effect as the provisions
of this chapter and the penalty for violation shall be the same as
the penalty for violation of the provisions of this chapter. The rules
and regulations shall be submitted to the Municipal Council by the
head of the Enforcement Agency. Failure of the Municipal Council to
approve, reject or modify the rules and regulations within 30 days
after submission shall be deemed to constitute approval. The rules
and regulations as approved by the Municipal Council shall be on file
and available as a public record.
[Ord. No. O-00-57 § 13-4.1]
The Code Enforcement Agency for the Provisions of the Housing
Code shall be the City Engineer.
[Ord. No. O-00-57 § 13-4.2]
The Code Enforcement Agency or other authorized municipal personnel
shall make surveys in any area of the City to determine the general
condition of structures used for human habitation, the extent of deterioration,
lack of facilities and maintenance, unsafe and unsanitary conditions,
extent of overcrowding land use, and other relevant factors.
[1972 Code § 13-4.3]
The head of the inspection agencies shall be authorized to make
or cause to be made inspections to determine the condition of premises
in order to safeguard the health, safety, morals and welfare of the
public. The head of the Code Enforcement Agency, or his designated
representatives, shall be authorized to enter any premises at any
reasonable time during business hours, or at such other time as may
be necessary in an emergency, for the purpose of performing his duties
under this chapter.
[1972 Code § 13-4.4]
The Housing Inspection Bureau shall be authorized to provide
a special housing inspection service which shall be furnished upon
the written request of the applicant for the purpose of aiding in
determining the physical condition of dwellings in the City. The inspection
shall consist of visual examination only and shall not be used as
a basis for determining the value of such premises. The written report
of the inspection shall not be construed or determined as a guarantee
or warranty of the inspected dwelling.
The fee schedule shall be as follows:
a.
Fee shall be computed on a basis of $30 per structure for common
areas, plus $10 per dwelling unit for initial inspections or revisit.
Reinspection shall require the payment of an additional fee of $20
per structure, plus $5 per dwelling unit.
b.
The minimum fee shall be $20 for any inspection or visit.
c.
The above rates shall also prevail for verification of work accomplished
and certified as completed to such agencies as the Rent Leveling Board,
etc.
[1972 Code § 13-4.5]
The owner, tenant, operator, agent or occupant of every dwelling,
building or premises shall give authorized personnel access to the
premises for the purpose of inspections at any reasonable time during
business hours, or at such other times as may be necessary in an emergency.
Inspectors and authorized personnel of respective agencies shall
be supplied with official identification and, on request, shall exhibit
such identification when entering any premises or dwelling.
[1972 Code § 13-5]
The Enforcement Agency or its officers, agents, employees, may,
upon affidavit, apply to the Municipal Judge for a search warrant
setting forth the conditions and circumstances that provide reasonable
grounds for believing that a violation of this chapter exists on the
premises. If the Judge is satisfied as to the matters set forth in
the affidavit, he shall issue a search warrant permitting access for
an inspection of that part of the premises upon which the violation
may exist.
[1972 Code § 13-6; Ord. No. O-14-24]
Whenever the Enforcement Agency determines that there has been
a violation or that there are reasonable grounds to believe that there
has been a violation of any provision of this chapter or any rule
or regulation adopted pursuant thereto, he shall give notice of such
violation to the person responsible for such violation. The notice
shall be in writing, shall specify the alleged violation, shall provide
a reasonable time for compliance and shall be served on the owner,
agent, operator, occupant or tenant as the case may require. Such
notice shall be deemed to be properly served if a copy is served personally
or if a copy thereof is sent by registered mail, return receipt requested,
to the last known address of such person as listed on the tax records.
In the event that the records indicate mailing of bills to a person
other than the owner, mailing to such person shall be deemed notice
to the owner if no address is shown for the owner on the records or
if a copy is posted in a conspicuous place in or about the building
affected by the notice, and if a copy is mailed by registered mail
on the same day it is posted, to the owner, agent, operator, tenant
or occupant; or by such other methods authorized by the laws of the
State of New Jersey. The notice shall inform the person to whom it
is directed of his right to apply for a hearing before the Hudson
County Construction Board of Appeals pursuant to N.J.S.A. 52:27D-127.
Such notice may contain an outline of remedial action which, if taken,
will effect compliance with the provisions of this section and with
rules and regulations adopted pursuant thereto.
Any notice of violation as provided above shall automatically
become a final order if written request for a hearing is not filed
within five days after receipt of the notice. A copy of the order
shall be served as provided above.
[Ord. No. O-14-24]
Pursuant to N.J.S.A. 52:27D-127, the Hudson County Construction
Board of Appeals shall hear appeals from decisions by the enforcing
agency under this chapter.
[1972 Code § 13-7.1]
At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the head of the Enforcement Agency to make or cause to be made a reinspection of the premises and if compliance has not been established, to institute appropriate legal action as specified in subsection 15-14.5 of this chapter. Additional notices of violation shall not be required.
[1972 Code § 13-7.2]
The head of the Enforcement Agency may extend the compliance
time specified in any notice or order issued under the provisions
of this chapter where there is evidence of intent to comply within
the period specified, provided that reasonable conditions exist which
prevent immediate compliance.
[1972 Code § 13-7.3]
Whenever a notice or order has been issued for any infraction
of this chapter, the head of the Enforcement Agency may file a copy
of the notice or order in the Office of the City Clerk. The recording
shall constitute appropriate information of the notice or order to
any subsequent purchaser, transferee, grantee, mortgagee or lessee
of the property affected thereby.
[1972 Code § 13-8]
Whenever it is determined at any stage of the proceedings instituted under the provisions of this chapter that a violation exists which requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, the head of the Enforcement Agency may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. The order may include an order to vacate as provided in Section 15-11. Notwithstanding any other provision of this chapter, such an order shall be effective immediately on service and shall be complied with immediately or as otherwise provided.
Should such violation not be corrected in the time specified by the order issued pursuant to this section, the head of the Enforcement Agency may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Section 15-13 of this chapter.
