[1982 Code § 81-1; Ord. #635]
The Borough of Tinton Falls hereby establishes a Uniform Construction
Code Agency to enforce the provisions of the Uniform Construction
Code as adopted by the State of New Jersey pursuant to N.J.S.A. 52:27D-11
et seq., as amended. The Agency shall be staffed by employees holding
the prerequisite qualifications and/or through contract with outside
inspection agencies. Unless specified otherwise by administrative
directive, the office location for the transaction of business shall
be the Tinton Falls Borough Hall, 556 Tinton Avenue, Tinton Falls,
New Jersey 07724.
[1982 Code § 81-2; Ord. #635; Ord. #89-701; Ord.
#91-746, § 1; Ord. #96-926; Ord. #97-957; Ord. #00-1043,
§ 2; Ord. #05-1157, § 1; Ord. #07-1229; Ord. #10-1293;
Ord. #10-1302; Ord. #12-1341; Ord. No. 14-1371; Ord. #14-1381; amended 12-17-2019 by Ord. No. 2019-1457]
a. Plan review fee shall be 20% of the amount to be charged for a new
construction permit and shall be paid at the time of application.
Plan review fees are not refundable. For projects which do not require
plan review for all subcodes, the fee shall be an appropriate percentage
(but not less than 5%) of the subcode fee which is applicable.
b. The basic construction fee shall be the sum of the parts computed
on the basis of the volume or the cost of construction, and the number
of plumbing fixtures and devices, and the number of electrical fixtures
and devices and the number of sprinklers, standpipes and heat and
smoke detectors at the unit rates provided herein plus any special
fees.
c. The building subcode fee shall be:
1. New Construction and Additions - based on the volume of the structure.
Volume shall be computed in accordance with N.J.A.C. 5:23-2.28.
(a)
For buildings and structures in Use Groups B, H, I-1, I-2, I-3,
M, E, R-1, R-2, R-3, R-4, R-5, and U the fee shall be $0.035 per cubic
foot of volume.
(b)
For buildings and structures in Use Group A-1, A-2, A-3, A-4,
A-5, F-1, F-2, S-1, S-2 the fee shall be $0.030 per cubic foot of
volume.
(c)
For commercial farm buildings the fee shall be $0.0008 per cubic
foot of volume; maximum fee may not exceed $1,145.
2. Reconstruction, alterations, renovations and repair or site construction
associated with pre-engineered systems of commercial farm buildings,
premanufactured construction and external utility connection for premanufactured
construction shall be based upon estimated cost of work.
(a)
The fee for Use Groups R-3, R-4 and R-5 shall be $34 per $1,000
for the first $50,000 of estimated cost; from over $50,000 to and
including $100,000, the additional fee shall be $30 per $1,000 of
estimated cost above $50,000; above $100,000, the additional fee shall
be $28 per $1,000 of estimated cost above $100,000.
(b)
The fee for Use Group A-1, A-2, A-3, A-4, A-5, B, E, F-1, F-2,
H, I-1, I-2, M, R-1, R-2, S-1 and S-2 shall be $34 per $1,000.
(c)
The fee for Use Group U shall be $34 per $1,000.
For the purpose of determining estimated cost, the applicant
shall submit to the Construction Official such data as may be available,
produced by the architect of engineer of record, or by a recognized
estimating firm or by the contractor. A bona fide contractor's
bid, if available, shall be submitted. The Construction Official shall
make the final decision regarding estimated cost.
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3. Combination fee for renovations or additions shall be computed as the sum of the fees computed separately in accordance with Subsection
c1 and
2.
4. Fees for retaining walls shall be as follows:
(a)
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with a Class 3 residential structure
shall be $210.
(b)
The fee for a retaining wall with a surface area of 550 square
feet or less that is associated with a Class 3 residential structure
shall be $106.
(c)
The fee for a newly constructed retaining wall of any size at
other than a Class 3 residential structure shall be based on the cost
of the construction.
5. Roofing or siding shall be a flat fee of $50 for Use Groups R-3, R-4 and R-5 and $75 for both if applied for on the same application. The fee for all other use groups shall be in accordance with Subsection
c2(b) and
(c).
6. The minimum fee for residential uses shall be $50.
7. The minimum fee for nonresidential uses shall be $100.
d. Plumbing fees shall be:
1. The fee shall be in the amount of $15 per fixture connected to the
plumbing system for all fixtures and appliances except as otherwise
indicated.
2. The fee shall be in the amount of $15 per appliance connected to
the gas piping except as listed below.
3. The fee shall be $60 per special device for the following: grease
traps, oil separators, water cooled air-conditioning units, refrigeration
units, utility service connections, backflow preventers equipped with
test ports (double check valve assembly, reduced pressure zone and
pressure vacuum breaker backflow preventers), steam boilers, hot water
boilers (excluding those for domestic water heating), generators,
active solar systems, sewer pumps, interceptors and fuel oil piping.
There shall be no inspection fee charged for gas service entrances.
4. The fee for cross connections and backflow preventers that are subject
to testing requiring reinspection annually shall be $45 for each device
when they are tested.
5. The fee shall be $40 for each domestic water heater installed.
6. The fee shall be $60 for each swimming pool and spa twin drain.
7. The fee shall be $60 for each furnace.
8. The minimum fee for residential uses shall be $50.
9. The minimum fee for nonresidential uses shall be $100.
e. The fire protection fees shall be:
1. For 5 or fewer smoke detectors or devices the fee shall be $35.
2. For each additional 15 (or part thereof) the fee shall be $20.
3. For 5 or fewer alarm devices (heat, pulls, water flow, etc.) the
fee shall be $35. For each additional 15 (or part thereof) the fee
shall be $20.
4. For supervisory devices (i.e., tampers, low/high air or signaling
devices (i.e., horns/strobes, bells) the fee shall be $3 each.
5. The fee for sprinkler heads (wet and dry) shall be:
For 10 heads or fewer the fee shall be $75; for 11 to and including
100 heads the fee shall be $150; for 101 heads to and including 200
heads the fee shall be $250; for 201 heads to and including 400 heads
the fee shall be $600; for 401 to and including 600 heads the fee
shall be $1,000; for 601 heads and up, the fee shall be $1,500.
6. The fee for each standpipe shall be $250.
7. The fee for each kitchen exhaust system shall be $100.
8. The fee for independent pre-engineered systems (CO2, Halon, foam,
wet or dry chemical, etc.) shall be $100.
9. The fee for gas and oil fired appliances which are not connected
to the plumbing system shall be $45.
10. The fee for installation of tanks up to 550 gallons in water capacity
shall be $50. The fee for installation of tanks over 550 gallons in
water capacity shall be $150.
11. The fee for each incinerator shall be $260.
12. The fee for each crematorium shall be $260.
13. The fee for each alarm panel shall be $50.
14. The fee for each fire pump shall be $250.
15. The fee for each pre-action valve shall be $50.
16. The fee for each dry pipe/alarm valve shall be $50.
17. The fee for each smoke control system shall be $250.
18. The minimum fire fee for residential shall be $50.
19. The minimum fire fee for nonresidential shall be $100.
f. Electrical fees shall be:
1. Receptacles and Fixtures. For the purpose of computing this fee,
receptacles or fixtures shall include lighting outlets, wall switches,
fluorescent fixtures, convenience receptacles or similar fixtures,
sensors, dimmers, alarm devices, smoke and heat detectors, communication
outlets, light standard eight feet or less in height including luminaries,
emergency lights, electric signs, exit lights or similar fixtures
and devices rated 20 amps or less including motors or equipment rated
less than 1 hp or 1 kW.
For the first 15 receptacles or fixtures, the fee shall be in
the amount of $50. For each additional 25 (or part thereof) receptacles
or fixtures, the fee shall be in the amount of $25.
2. Motors, Generators, Transformers (over 1 hp/kW):
For the purpose of computing this fee, all motors except those
in plug in appliances shall be counted including control equipment,
generators, transformers and all heating, cooking and other devices
consuming or generating electrical current.
The permit fee for motors and electrical devices over one horsepower
and less than or equal to 10 horsepower shall be $25; greater than
10 horsepower and equal to or less than 50 horsepower shall be $35;
greater than 50 horsepower and less than or equal to 100 horsepower
shall be $75; greater than 100 horsepower shall be $325.
(a)
The permit fee for each transformer, inverter and generator
over one kilowatt and less than or equal to 50 kilowatts shall be
$50; greater than 50 kilowatts and less than or equal to 112.5 kilowatts
shall be $75; greater than 112.5 kilowatts and less than or equal
to 500 kilowatts shall be $525; greater than 500 kilowatts shall be
$925.
3. The fee for electrical service of 200 amps or less shall be $60;
for service over 200 amps but not greater than 400 amps the fee shall
be $75; for service over 400 amps but not greater than 600 amps the
fee shall be $125; for service over 600 amps but not greater than
800 amps the fee shall be $175, for service over 800 amps but not
greater than 1,000 amps the fee shall be $225; for service over 1,000
amps but not greater than 1,200 amps the fee shall be $300; for service
over 1,200 amps the fee shall be $400.
4. Annual Electrical Pool Certification. The fee for annual electrical
inspection of each swimming pool, spa or hot tub shall be $50.
5. For photovoltaic systems, the fee shall be based on the designated
kilowatt rating of the solar photovoltaic system as follows:
(a)
Up to and equal to 50 kilowatts, the fee shall be $100.
(b)
Greater than 50 kilowatts and less than or equal to 100 kilowatts,
the fee shall be $125.
(c)
Greater than 100 kilowatts and less than or equal to 500 kilowatts,
the fee shall be $600.
(d)
Greater than 500 kilowatts, the fee shall be $225 per 100 kilowatts
(or fractional part thereof).
6. The minimum fee for residential uses shall be $50.
7. The minimum fee for nonresidential uses shall be $100.
g. Special Fees.
1. Decks: The fee to construct a deck shall be based on square footage
as follows:
Up to and including 200 square feet
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$50
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Over 200 square feet to and including 400 square feet
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$75
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Over 400 square feet to and including 1,000 square feet
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$100
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Over 1,000 square feet
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$150
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2. Swimming Pools:
(a)
The fee for installation of an aboveground pool, more than 18
inches in depth or more than 750 gallons in capacity for Use Group
R3, R4 and R5 shall be $100.
(b)
The fee for installation of a private in-ground pool more than
18 inches in depth or more than 750 gallons in capacity for Use Groups
R3, R4 and R5 shall be $200.
(c)
The fee for installation of a public pool (in-ground or aboveground)
shall be $300.
3. Wood/Coal Burning Stoves and Chimneys:
(a)
The fee for installation of wood/coal burning stove, fireplaces,
heatolators, like devices and/or chimney shall be $45.
4. Accessory and Storage Structures:
(a)
The permit fee for construction or installation of a pool cabana
or similar accessory structure up to 100 square feet shall be $50.
(b)
The permit fee for construction or installation of accessory
storage shed, pool cabana or similar accessory structures over 100
square feet and less than 200 square feet shall be $100.
5. Demolition and Removal:
(a)
The permit fee for demolition or removal for a structure of
less than 5,000 square feet in area and less than 30 feet in height
and structures on farms included under N.J.A.C. 5:23-3.2(d) shall
be $100.
(b)
The permit fee for demolition of farm out-buildings and minor
accessory structures (Use Group U) shall be $50.
(c)
The permit fee for demolition of all other buildings, structures
or use groups shall be $150.
(d)
Removal of buildings and structures from one lot to another
lot or to new location on the same lot, the fee shall be $20 for the
first $1,000 of estimated cost plus $15 for each additional $1,000
of cost or part thereof. Estimated cost shall be the sum of the following:
the estimated cost of moving, plus the cost of the new foundations
and all work necessary to place the building or structure in its completed
condition in the new location.
(e)
The permit fee for demolition of tanks shall be $40 per tank.
6. Satellite Dishes and Radio Transceiver Equipment:
(a)
The fee to install a satellite dish, radio, television or other
transceiver equipment to be installed for residential use shall be
$35.
(b)
The fee to install a satellite dish, radio, television or other
transceiver equipment to be installed for nonresidential or commercial
use shall be $100.
7. Fence:
(a)
The fee to erect a fence in Use Groups R2, R3, R4, R5 and U,
which acts as a barrier for a private pool or is in excess of six
feet in height, shall be $25.
(b)
The fee to erect a fence (not to exceed eight feet in height)
for all other use groups and which acts as a barrier for a public
pool shall be $100.
8. The permit fee for asbestos hazard abatement shall be $100 for each
construction permit issued. A certificate of occupancy must be issued
following the successful completion of an asbestos hazard abatement
project. The certificate fee shall be $50.
9. The permit fee for lead hazard abatement shall be $70 for each construction
permit issued. A certificate of clearance must be issued following
the successful completion of a lead hazard abatement project. The
certificate fee shall be $50.
10. The permit fee for tents in excess of 900 square feet or more than
30 feet in any dimension, shall be $75.
11. The fee to construct a sign shall be in the amount of $1 per square
feet surface area of the sign, computed on one side only for double-faced
signs.
12. The permit fee for a temporary structure, used in the course of construction
of other activities whose life is limited to not more than one year
shall be $75.
h. Certificate of Occupancy.
1. The fee for a certificate of occupancy for residential additions
and interior alterations shall be $50.
2. The fee for a certificate of occupancy for residential new construction
(homes, townhouses, condo, apartments, etc.) shall be $75.
3. The fee for the first issuance and the renewal of a temporary certificate
of occupancy shall be $50.
(a)
Exception: There shall be no fee for the first issuance of the
temporary certificate of occupancy provided the certificate of occupancy
fee is paid at that time.
4. The fee for a certificate of occupancy for a commercial tenant fit-up
shall be $100.
5. The fee for a certificate of occupancy for commercial new construction
shall be $100.
6. The fee for a certificate of occupancy granted pursuant to a change
in use group shall be $100.
7. The fee for a certificate of continued occupancy issued under N.J.A.C.
5:23-2.23(c) shall be $120.
i. The fee for an application for variation in accordance with N.J.A.C.
5:23-2.10 shall be $450 for Class 1 structures and $75 for Class 2
and Class 3 structures. The fee for resubmission of an application
for a variation shall be $229 for Class 1 structures and $45 for Class
2 and Class 3 structures.
j. Annual Permits. Fees for annual construction permits shall be as
follows:
1 - 25 workers (including foremen)
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$667 per worker
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Each additional worker over 25
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$232 per worker
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Note: Prior to issuance of the annual permit, a training
registration fee of $140 per subcode and a list of not more than three
individuals to be trained per subcode must be submitted by the applicant
to the Department of Community Affairs, Bureau of Code Services, Training
Section along with a copy of construction permit (Form F170). Check
shall be made payable to "Treasurer of State of NJ."
k. New Jersey State Training Fees.
1. For new construction and additions the fee shall be in accordance
with N.J.A.C. 5:23-2.28.
2. Minimum DCA fee is $1.
No fee shall be collected for pre-engineered systems of commercial
farm buildings.
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[1982 Code § 81-3; Ord. #635; Ord. #89-701 § 1]
Increases in fees or additional fees not contemplated hereinabove
may be modified, changed or otherwise imposed by directive issued
pursuant to the Charter and the Administrative Code.
[Executive Order 2004-6-2]
The following escrow fees are hereby set for G.I.S. services:
a. $13 per construction permit (F170), $3 of which will be placed in
a separate escrow account to be utilized for a computerized document
management system.
b. $13 per individual subcode technical section, $3 of which will be
placed in a separate escrow account to be utilized for a computerized
document management system.
c. $23 per application for certificate (UCC), $3 of which will be placed
in a separate escrow account to be utilized for a computerized document
management system.
[1982 Code § 109-1; Ord. #166; Ord. #348]
The Construction Official and the Code Enforcement Officer of
the Borough of Tinton Falls are hereby designated as the officers
to exercise the powers prescribed by this section, and they shall
serve in such capacities without any additional salary.
[1982 Code § 109-2; Ord. #166]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code as approved by the Departments of Health and Conservation
and Economic Development and filed in the Secretary of State's
office is hereby accepted, adopted and established as a standard to
be used as a guide in determining whether dwellings in this Borough
are safe, sanitary and fit for human habitation and rental. Three
copies of the New Jersey State Housing Code have been placed on file
in the office of the Borough Clerk and are available to all persons
desiring to use and examine the same.
[1982 Code § 109-3; Ord. #166; Ord. #348]
The Construction Official and the Code Enforcement Officer are
hereby authorized and directed to make inspections to determine the
condition of dwellings, dwelling units, rooming units and premises
located within the Borough in order that they may perform the duty
of safeguarding the health and safety of the occupants of dwellings
and of the general public. For the purpose of making such inspections,
the Construction Official and the Code Enforcement Officer are hereby
authorized to enter, examine and survey at all reasonable times all
dwellings, dwelling units, rooming units and premises. The owner or
occupant of every dwelling, dwelling unit and rooming unit or the
person in charge thereof shall give the Construction Official and
the Code Enforcement Officer free access to such dwelling, dwelling
unit or rooming unit and its premises at all reasonable times for
the purpose of such inspection, examination and survey. Every occupant
of a dwelling or dwelling unit shall give the owner thereof or his
agent or employee access to any part of such dwelling or dwelling
unit or its premises at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this section or with any lawful rule or regulation
adopted or any lawful order issued pursuant to the provisions of this
section.
[1982 Code § 109-4; Ord. #166; Ord. #348]
a. Whenever the Construction Official or the Code Enforcement Officer
determines that there are reasonable grounds to believe that there
has been a violation of any provision of this section or of any rule
or regulation adopted pursuant thereto, he shall give notice of such
alleged violation to the person or persons responsible therefor as
hereinafter provided.
b. Such notice shall be put in writing, include a statement of the reasons
why it is being issued, allow a reasonable time for the performance
of any act it requires and be served upon the owner or his agent or
upon the occupant, as the case may require; provided that such notice
shall be deemed to be properly served upon such owner or agent or
upon such occupant if a copy thereof is served upon him personally,
or if a copy thereof is sent by registered mail to his last known
address, or if a copy thereof is posted in a conspicuous place in
or about the dwelling affected by the notice, or if he is served with
such notice by any other method authorized or required under the laws
of this State. 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.
c. Any person affected by any notice which has been issued in connection
with the enforcement of any provision of this section or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Construction Official or the Code
Enforcement Officer; provided such person shall file in the office
of such official a written petition requesting such hearing and setting
forth a brief statement of the grounds therefor within 10 days after
the day the notice was served. Upon receipt of such petition the Construction
Official or Code Enforcement Officer shall set a time and place for
such hearing and shall give the petitioner written notice thereof.
At such hearing the petitioner shall be given an opportunity to be
heard and to show why such notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition was filed; provided that upon application of
the petitioner the official before whom the hearing is pending may
postpone the date of the hearing for a reasonable time beyond such
ten-day period if in his judgment the petitioner has submitted a good
and sufficient reason for such postponement. After such hearing the
Construction Official or the Code Enforcement Officer shall sustain,
modify or withdraw the notice, depending upon his findings as to whether
the provisions of this section and of the rules and regulations adopted
pursuant thereto have been complied with. If the official hearing
the petition sustains or modifies such notice, it shall be deemed
to be an order. Any notice served pursuant to this section shall automatically
become an order if a written petition for a hearing is not filed in
the office of the Construction Official or Code Enforcement Officer
within 10 days after such notice is served. The proceedings at such
hearing, including the findings and decision of the hearing officer,
shall be summarized, reduced to writing and entered as a matter of
public record in the office of the Construction Official. Such record
shall also include a copy of every notice or order issued in connection
with the matter. Any person aggrieved by the decision of the Construction
Official or the Code Enforcement Officer may seek relief therefrom
in any court of competent jurisdiction as provided by the laws of
the State. Whenever the Construction Official or the Code Enforcement
Officer finds that an emergency exists which requires immediate action
to protect the public health or safety, he may, without notice or
hearing, issue an order reciting the existence of such an emergency
and requiring that such action be taken as he deems necessary to meet
the emergency. Notwithstanding the other provisions of this section,
such order shall be effective immediately. Any person to whom such
order is directed shall comply therewith immediately, but upon petition
to the Construction Official or the Code Enforcement Officer, shall
be afforded a hearing as soon as possible. After such hearing, depending
upon his findings as to whether the provisions of this section and
of the rules and regulations adopted pursuant thereto have been complied
with, the official hearing the petition shall continue such order
in effect, or modify it or revoke it.
[1982 Code § 109-5; Ord. #166]
The Construction Official is hereby authorized and empowered
to make and adopt such written rules and regulations as he may deem
necessary for the proper enforcement of the provisions of this section;
provided, however, that such rules and regulations shall not be in
conflict with the provisions of this section nor in anywise alter,
amend or supersede any of the provisions thereof. The Construction
Official shall file a certified copy of all rules and regulations
which he may adopt in his office and in the office of the Borough
Clerk.
[1982 Code § 109-6; Ord. #166; Ord. #93-827, § 1]
No person shall occupy as owner-occupant or rent to another
for occupancy any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
No person, firm, corporation or other entity shall suffer or
allow any person, firm, corporation or other entity to occupy, live
in or inhabit any dwelling or other structure located within the Borough
of Tinton Falls without first obtaining a certificate of occupancy
or certificate of continued occupancy, as the case may be, from the
Construction Official/Code Enforcement Officer of the Borough of Tinton
Falls. This provision shall apply to changes in occupancy occasioned
by transfers of title, leases or licenses to such dwellings or other
structures.
[1982 Code § 109-7; Ord. #166; New]
Any person who shall violate any of the provisions of this section shall, upon conviction be liable to the penalty stated in Chapter
1, Section
1-5. Each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[1982 Code § 77-1; Ord. #118]
It is hereby found and declared that the existence or occupation
of any building or buildings or parts thereof in the Borough which
are so old, dilapidated or have become so out of repair as to be dangerous,
unsafe, unsanitary or otherwise unfit for human habitation or occupancy
or use are inimical to the welfare and dangerous and injurious to
the health and safety of the people of the Borough, and that a public
necessity exists for the repair, closing or demolition of such building
or buildings or part thereof. It is hereby found that there exists
in the Borough building or buildings which are unfit for human habitation
or occupancy or use due to dilapidation, defects increasing the hazards
of fire, accidents or other calamities, lack of ventilation, lack
of sanitary facilities, or due to other conditions rendering such
building or buildings or part thereof unsafe or insanitary or dangerous
or detrimental to the safety or otherwise inimical to the welfare
of the residents of the Borough and as to which the Borough has the
power, pursuant to N.J.S.A. 40:48-2.3 et seq., to exercise its police
powers to repair, close or demolish, or cause or require the repairing,
closing or demolition of, such building or buildings or part thereof
in the manner herein provided.
[1982 Code § 77-2; Ord. #118]
As used in this section:
BUILDING
Shall mean any building or structure or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually enjoyed therewith.
DWELLING UNIT
Shall mean a building or portion thereof providing living
facilities for one or more persons.
OWNER
Shall mean the holder or holders of the title in fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
PUBLIC AUTHORITY
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough
relating to health, fire, building regulations or to other activities
concerning buildings in the Borough of Tinton Falls.
PUBLIC OFFICER
Shall mean the officer who is authorized by this section
to exercise the powers prescribed for him.
[1982 Code § 77-3; Ord. #118; Ord. #348]
The public officer shall be the Code Enforcement Officer of
the Borough of Tinton Falls and he shall exercise the powers prescribed
by this section.
[1982 Code § 77-4; Ord. #118]
In the event the Mayor shall hereafter deem it necessary or
advisable to compensate the public officer for the duties to be exercised
by him as herein provided, the Mayor may, in such event hereafter
fix such compensation by executive order.
[1982 Code § 77-5; Ord. #118]
Whenever a petition is filed with the public officer by a public
authority or by at least five residents of the Borough of Tinton Falls
charging that any building is unfit for human habitation or occupancy
or use, or 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
therein fixed, not less than seven days nor more than 30 days after
the serving of the complaint, and that 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 and that the rules of evidence prevailing
in the courts shall not be controlling in hearings before the public
officer.
[1982 Code § 77-6; Ord. #118]
a. If the public officer shall determine after such notice and hearing
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 and parties in interest an order as follows:
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 time 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.
b. Within 10 days after service of the order provided for in paragraph
a, the owner of the building involved may appeal to the Borough Council
which, after a review of all the evidence presented at the hearing,
shall affirm, modify or revoke the order issued by the public officer.
[1982 Code § 77-7; Ord. #118]
If no appeal is taken, or an appeal is taken and the order of
the public officer is affirmed thereon, and 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; provided that the public officer shall not incur any expense
to repair, alter or improve any building without the approval, by
resolution, of the Borough Council. 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."
[1982 Code § 77-8; Ord. #118]
If no appeal is taken, or an appeal is taken and the order of
the public officer is affirmed thereon and 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, subject to the
approval, by resolution, of the Borough Council, or may contract for
the removal or demolition thereof, subject to the approval of such
contract by the Borough Council, after advertisement for and receipts
of bids therefor.
[1982 Code § 77-9; Ord. #118]
The amount of 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 section determined
in favor of the Borough, and such cost of such repairs, alterations
or improvements, or vacating and closing or removal and 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 Municipal 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 exceeds 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 subsection shall
be construed to impair or limit in any way the power of the municipality
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 30 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 municipal lien certificate.
[1982 Code § 77-10; Ord. #118]
a. 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 the Borough of Tinton Falls. 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.
b. Without in any way limiting the standards and conditions set forth
in paragraph a above and without in any way requiring that any one
or all of the conditions hereinafter set forth be found in order to
declare a building unfit for human habitation, occupancy or use, the
following are additional standards to guide the public officer or
his agent in determining the unfitness of buildings for human habitation
or occupancy or use:
1. Those whose interior walls or other vertical structural members list,
lean or buckle to such an extent that a plumb line passing through
the center of gravity falls outside of the middle third of its base.
2. Those which, exclusive of the foundation, show 33% or more of damage,
disrepair or deterioration of the supporting member or members, or
50% of damage, disrepair or deterioration of the nonsupporting enclosing
or outside walls or covering.
3. Those which have improperly distributed loads upon the floors or
roofs or in which the same are overloaded or which have insufficient
strength to be reasonably safe for the purpose used.
4. Those structures and every part thereof which are not maintained
in good repair by the owner or agent and fit for human habitation;
also where the roof is not maintained so as not to leak and where
all rainwater is not properly drained and conveyed therefrom so as
not to cause dampness in the wall or ceilings on the interior or exterior.
5. Those structures which are not maintained in proper repair so as
to give adequate protection from the elements and those structures
where the windows and doors do not fit properly and where all exterior
wood surfaces are not protected from the elements and decay by painting
or other protective covering.
6. Those which have been damaged by fire, wind or other causes so as
to have become dangerous to life, safety or the general health and
welfare of the occupants or the people of the Borough.
7. Where public water facilities are available, the following shall
also apply: those which lack a supply of potable running water; those
which do not have at least one flush toilet for each dwelling unit,
or, if present, is unfit for use; those which do not have a bathtub
or shower in each dwelling unit, or, if present, is unfit for use.
8. Those which have improper connections between plumbing fixtures and
the sanitary sewage disposal system.
9. Those which, if wired for electricity, contain an inadequate, unsafe
or hazardous electrical system.
10. Those which contain unsafe or hazardous heating or cooking facilities.
11. Those having living room, bedroom or a kitchen without windows, or
with windows opening on an airshaft, or toilet or bathroom without
adequate ventilation.
12. Those having inadequate facilities for egress in case of fire or
panic or those having insufficient stairways, fire escapes or other
means of communication.
13. Those which have parts thereof which are so attached that they may
fall and injure members of the public or property.
14. Those which have become so dilapidated, decayed, unsafe or insanitary
that they are unfit for human habitation, or, by reason of structural
deficiencies or of continuous dampness or exposure brought about by
neglect or dilapidation, are likely to cause sickness or disease or
may reasonably be presumed to result in injury to the health, safety
or general welfare of those living therein.
15. Those buildings existing in violation of any provision of the ordinances
of the Borough of Tinton Falls or of the Board of Health of the Borough
of Tinton Falls relating to buildings or health.
[1982 Code § 77-11; Ord. #118]
Complaints or orders issued by the public officer pursuant to
this section shall be served upon persons either personally or by
registered mail, but if the whereabouts of such persons are 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 service of such complaint or order upon such
persons may be made by publishing the same once in a newspaper printed
and published in the County of Monmouth and circulating in the Borough
of Tinton Falls. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order. A copy of such complaint or order shall be duly recorded or
lodged for record with the County Clerk of the County of Monmouth.
[1982 Code § 77-12; Ord. #118]
Any person aggrieved by an order issued by the public officer
pursuant to this section may, within 30 days after the posting and
service of such order, avail himself of such remedies as are set forth
in N.J.S.A. 40:48-2.8.
[1982 Code § 77-13; Ord. #118]
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 Borough 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.
[1982 Code § 77-14; Ord. #118]
The public officer shall delegate and fix the duties of such
officers, agents and employees as he deems necessary to assist him
in carrying out the purposes of this section, subject to confirmation
by the Mayor and may delegate any of his functions and powers under
this section to such officers, agents and employees as he may designate.
[1982 Code § 77-15; Ord. #118]
The Mayor shall also, as soon as possible after the adoption
of this section, prepare an estimate of the annual expenses or costs
to provide the equipment, personnel and supplies necessary for periodic
examinations and investigations of the buildings in the Borough for
the purpose of determining the fitness of such buildings for human
habitation or occupancy or use and for the enforcement and administration
of this section and may make such appropriations from its revenues
as it may deem necessary for this purpose and may accept and apply
grants or donations to assist it in carrying out the provisions of
this section.
[1982 Code § 77-16, Ord. #118; New]
Any person who shall violate subsections
11-3.7 or
11-3.8 or who shall violate an order of the public officer, duly made and promulgated pursuant to this section, or who shall interfere with the public officer or any other person authorized to exercise the powers of the public officer, shall, upon conviction, be liable to the penalty stated in Chapter
1, Section
1-5. Such action in and penalties imposed by the Municipal Court may be in addition to any other action or proceedings provided in this section. Each day that a violation is permitted to exist shall constitute a separate offense.
[1982 Code § 77-17; Ord. #118]
Nothing in this section shall be construed to abrogate or impair
the powers of any department of the Borough of Tinton Falls to enforce
any provisions of its Charter or its ordinances or regulations or
to prevent or punish violations thereof.
[Added 7-16-2019 by Ord.
No. 2019-1450]
The Code Enforcement Official/Inspectors of the Borough of Tinton
Falls is hereby designated as the officer to exercise the powers prescribed
by this section.
a. A certificate of continued occupancy ("CCO") shall be required for
any change in occupancy, change in ownership, or change in title of
any existing residential dwelling.
b. The owner or agent of the residential dwelling is responsible for
submitting the required online application and fees in accordance
with this section.
c. Property taxes shall be current prior to submitting any application
for CCO.
d. The following information and documentation shall be submitted with
the application for CCO:
2. Name, address, and contact information of present owner.
5. Names and ages of all occupants.
6. Heat certification for heating system by licensed HVAC technician
or licensed plumber, issued no longer than six months prior to application.
7. Woodburning stove/fireplace chimney certification (if applicable),
issued by a Chimney Safety Institute of America certified chimney
sweep; certification must state that the chimney/vent is free and
clear of obstruction and is substantially clean of residue and is
appropriately lined and sized.
8. Gas fireplace certification (if applicable), by licensed HVAC technician
or licensed plumber.
9. Well water certification (if applicable); must be tested by a state-certified
lab.
10. Septic system certification (if applicable), by a licensed septic
company.
11. Elevator certification (if applicable).
12. Any other information that may be deemed necessary by the Code Enforcement
Official.
e. Applications shall be processed within 15 business days; after application
is deemed complete, inspections may be scheduled.
f. The property owner shall afford the Code Enforcement Official or
Code Inspector the opportunity to inspect the structure and premises
and shall consent to inspection.
g. No dwelling shall be sold or transferred unless it meets the requirements
of the 2018 International Property Maintenance Code, New Jersey State
Housing Code, New Jersey Uniform Fire Code, and all references to
other Uniform Building Codes and local ordinances. Inspections of
residential resale properties shall be limited to the property complying
with the zoning regulations and exterior of property complying with
the Property Maintenance Code.
h. A certificate of continued occupancy is issued by the Borough upon
a determination that an existing residential dwelling continues to
remain fit for human habitation in accordance with the provisions
of the 2018 International Property Maintenance Code, Ordinances of
the Borough of Tinton Falls, and any other national laws, codes, rules
and regulations.
i. The Code Enforcement Official shall issue a residential CCO, provided
that there are no violations of law or orders of the Construction
Official, in consultation with the Zoning Officer, and it is established
after site inspection and investigation of available municipal records
that the alleged use of the building or structure has been made and
that no violations or outstanding Zoning or Building Department permits
have been determined to exist.
j. There shall be no transfer of title if unabated zoning violations
exist on the property.
k. A residential certificate of continued occupancy shall be effective
for a period of 90 days. If a dwelling fails to sell, transfer or
grant with right of occupancy within this period, the owner shall
submit a new application and the required fees.
l. Any application that has not received a certificate of continued
occupancy within 120 days of the initial inspection shall be closed,
and a new application and fee shall be submitted.
a. A certificate of continued occupancy ("CCO") shall be required for
any change of tenancy, change of ownership, change in occupancy, or
change in title of any nonresidential building or part thereof.
b. The owner or agent on the nonresidential building or tenant for part
thereof is responsible for submitting the required application and
fees in accordance with this section.
c. No owner, agent or broker shall sell, transfer or grant with right
of occupancy, any nonresidential building or part thereof unless a
certificate of continued occupancy is first obtained from the Code
Enforcement Official by use of the appropriate application fees provided
herein. The property owner shall afford the Code Enforcement Official
or Code Inspector the opportunity to inspect the structure and premises
and shall consent to inspection.
d. A commercial use zoning permit shall be submitted with any application
for a nonresidential CCO.
e. Any outstanding penalties and property taxes shall be paid prior
to submitting an application for a nonresidential CCO.
f. The Code Enforcement Official shall issue a nonresidential CCO, provided
that there are no violations of law or orders of the Construction
Official, in consultation with the Zoning Officer, and it is established
after site inspection and investigation of available municipal records
that the alleged use of the building or structure has lawfully existed.
The certificate of continued occupancy shall evidence only that a
general inspection of the visible parts of the building or structure
has been made and that no violations or outstanding zoning or Building
Department permits have been determined to exist.
g. After all documentation has been submitted, and all inspections have
passed, a certificate of continued occupancy shall be issued within
10 business days.
h. There shall be no transfer of title if unabated zoning violations
exist on the property.
i. Any application that has not received a certificate of continued
occupancy within 120 days of the initial inspection shall be closed,
and a new application and fee shall be submitted.
The Borough of Tinton Falls shall charge nonrefundable application
fees for a certificate of continued occupancy as follows:
a. Detached single-family dwelling: $150 per dwelling.
b. Attached multifamily dwelling (i.e., condominiums, townhouses, apartments):
$75 per dwelling.
c. Nonresidential buildings or part thereof: $50 per 1,000 square feet
or part thereof.
d. Zoning permit for commercial use: $100.
e. There shall be no charge for the first reinspection of any unit which
fails inspection. There shall be a reinspection fee of $50 per reinspection
thereafter. All fees shall be paid prior to inspection.
f. Applications not submitted online shall have an additional fee of
$15.
g. Applications that require processing in 10 days or less shall have
an additional processing fee of $150; this is dependent on availability.
h. If determined by the Code Official, the need for consultation of
an outside professional or agency shall be at the expense of the applicant.
a. Any dwelling found to be unfit for human habitation, after inspection
by the Code Enforcement Officer or Inspector, will not be issued any
certifications from the Borough. The buyer of said dwelling may, however,
with the approval from the Code Enforcement Official, submit a letter
of intent from their attorney stating the following:
1. The buyer acknowledges that the property is unfit or unsafe for human
habitation.
2. There will be no occupancy of the dwelling until a certificate of
continued occupancy can be issued by the Borough.
3. Any and all repairs required on the dwelling shall begin within 30
days of the closing date of the property.
b. Noncompliance with the above shall result in a court summons.
Buying, selling, renting, or change of occupancy without a current
certificate of continued occupancy shall be punishable by law with
fines not to exceed $1,250. This shall be in addition to any court-applied
fees and/or fines.