[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.
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
$50
Over 200 square feet to and including 400 square feet
$75
Over 400 square feet to and including 1,000 square feet
$100
Over 1,000 square feet
$150
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)
$667 per worker
Each additional worker over 25
$232 per worker
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.
[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:
1. 
Property address.
2. 
Name, address, and contact information of present owner.
3. 
Number of bedrooms.
4. 
Name of buyer or tenant.
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.