[1990 Code § 10-1.1]
a.
There is hereby established in the City a State Uniform Construction
Code Enforcing Agency, to be known as the "Lambertville Construction
Code Agency," consisting of a Construction Official, Building Subcode
Official, Plumbing Subcode Official, Electrical Subcode Official,
Fire Protection Subcode Official, and such other subcode officials
for such additional codes as the Commissioner of the Department of
Community Affairs, State of New Jersey, shall hereafter adopt as part
of the State Uniform Construction Code. The Construction Official
shall be the chief administrator of the enforcing agency.
b.
The organization of the Lambertville Construction Code Agency, the
responsibilities and duties of the various officials and subcode officials
within the agency and the responsibility of such agency and the officials
thereof and various other municipal subdivisions, boards or agencies
of the City, shall be as may be defined and described by the Mayor
and Council.
c.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.,
217, as amended, and N.J.A.C. 5:23, provided that, in lieu of any
particular subcode official, an on-site inspection agency may be retained
by contract pursuant to N.J.A.C. 5:23. More than one such official
position may be held by the same person, provided that such person
is qualified pursuant to P.L. 1975, c. 217 and N.J.A.C. 5:23, to hold
each such position.
d.
The public shall have the right to do business with the enforcing
agency at one office location, except for emergencies and unforseen
or unavoidable circumstances.
[1990 Code § 10-1.2]
Persons aggrieved by a decision of the enforcing agency may
appeal such decision to the Construction Board of Appeals established
by the Board of Chosen Freeholders of Hunterdon County.
[1990 Code § 10-1.3; Ord. No. 2004-06; Ord. No. 2004-15; Ord. No. 2005-17; Ord.
No. 2007-14; Ord. No. 2008-02; Ord. No. 2009-02; Ord. No. 2009-17; Ord.
No. 14-2011; Ord. No. 09-2013; Ord. No. 07-2016; Ord. No. 27-2017]
a.
Fees. The fee for a construction permit in Lambertville or any interlocal arrangement shall be the sum of the subcode fees listed in Subsection a1(a) through a6(d) hereof and shall be paid prior to the issuance of a permit. Twenty percent of the construction permit fee shall be considered as the plan review fee, which will be paid at the enforcing agency's office at the time the permit application is submitted and is nonrefundable. The plan review fee for prototype plans shall be 5% of the amount to be charged for a construction permit.
[Amended 6-20-2019 by Ord. No. 13-2019]
1.
Building Subcode Fees.
(a)
Fees for new construction shall be based upon the volume of
the structure. This fee shall be in the amount of $0.080 per cubic
foot, except that agricultural structures on farms shall be in the
amount of $0.025.
[Amended 5-20-2021 by Ord. No. 13-2021]
(b)
Fees for renovations, alterations, repairs, commercial roofing,
commercial siding, and for foundations and on-site work for premanufactured
construction or relocated structures, the fee shall be based upon
the estimated cost of work. The City reserves the right to require
a copy of actual contracts or current market price evaluation based
on common estimating practices; or an architect or engineer's cost
estimate; or actual third-party estimates. The cost shall include
all labor and material (including bartered, donated, free, etc., labor
and/or materials). This fee shall be as follows:
[Amended 5-20-2021 by Ord. No. 13-2021]
(c)
The fee for temporary structures shall be based on the volume
of the structure. The building subcode fee shall be $0.035 per cubic
foot. Electric, plumbing and fire subcode fees shall be based on the
normal fee schedule. All structures for which volume cannot be computed
shall be $95.
[Amended 5-20-2021 by Ord. No. 13-2021]
(d)
Fees for additions shall be computed on the same basis as for
new construction (volume) for the added portion.
(f)
The fee for construction or installation of a single-family
residential in-ground swimming pool shall be $265. The fee for construction
or installation of all other use group in-ground swimming pools shall
be $375. The fee for aboveground pools shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(g)
The fee for construction or installation of retaining walls
shall be as follows:
[Amended 5-20-2021 by Ord. No. 13-2021]
(1)
The fee for a retaining wall with a surface area of 550 square
feet or less that is associated with a single Class 3 residential
structure shall be $160.
(2)
The fee for a retaining wall with a surface area of more than
550 square feet that is associated with a single Class 3 residential
structure shall be $310.
(h)
In Use Groups R-3, R-4 or R-5 single-family detached dwellings
the fee for the construction and/or renovation of a deck up to 150
square feet shall be $158; 151 square feet to 250 square feet shall
be $252; and over 250 square feet shall be $368. All other use groups
shall be based on the cost of the work.
[Amended 5-20-2021 by Ord. No. 13-2021]
(i)
The installation of sheds over 200 square feet shall be a minimum
of $185.
[Amended 5-20-2021 by Ord. No. 13-2021]
(j)
The fee for a residential roof or siding replacement shall be
$116 and for commercial roof or siding replacement shall be based
on the cost of work.
[Amended 5-20-2021 by Ord. No. 13-2021]
(k)
The fee for a demolition and/or removal permit of a building
or structure shall be $160 for Class 3 residential and $289 for all
other use groups, provided that the fee shall be $80 for structures
under 400 square feet in area.
[Amended 5-20-2021 by Ord. No. 13-2021]
(m)
The fee to construct or erect a sign shall be $3.50 per square
foot surface area of the sign, computed on one side only for double-faced
signs. The minimum fee shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(n)
The minimum fee for the building technical section shall be
$80.
[Amended 5-20-2021 by Ord. No. 13-2021]
2.
Plumbing Subcode Fees.
(b)
The fee for domestic hot water heater replacement shall be $95.
(c)
The fee for special devices shall be $115 for the following:
grease traps, oil separators, water-cooled air-conditioning units,
air-conditioning compressors, refrigeration units, hot water boilers,
fuel oil piping, new gas service and underground gas lines, interceptors,
water and sewer connections, active solar systems, sewer pumps.
[Amended 5-20-2021 by Ord. No. 13-2021]
(d)
For equipment listed in N.J.A.C. 5:23-2.23(1) such as backflow
preventers, high pressure boilers, refrigeration systems, etc., the
fee shall be $95 for the first device and $25 for additional similar
devices in the same building.
(e)
The minimum fee for the plumbing technical section shall be
$80.
[Amended 5-20-2021 by Ord. No. 13-2021]
3.
Electrical Subcode Fees.
(a)
For from one to 25 devices, receptacles or fixtures, the fee
shall be in the amount of $80; for each additional device, receptacle
or fixture in addition to this, the fee shall be in the amount of
$2 per device, receptacle or fixture. For the purpose of computing
this fee, devices, receptacles or fixtures shall include but are not
limited to the following: lighting outlets or fixtures, switches,
fluorescent fixtures, receptacles, light standards less than eight
feet in height, communication points, alarm devices, and other panels
or devices rated less than 20 amps, smoke and heat detectors, or similar
fixtures, and motors or devices of less than or equal to one horsepower
or one kilowatt.
[Amended 5-20-2021 by Ord. No. 13-2021]
(b)
For each motor or electrical device greater than one horsepower
and less than or equal to 10 horsepower; and for photovoltaic system
arrays, greater than one kilowatt and less than or equal to 10 kilowatts,
the fee shall be $50.
[Amended 5-20-2021 by Ord. No. 13-2021]
(c)
For each motor or electrical device greater than 10 horsepower
and less than or equal to 25 horsepower; for photovoltaic system arrays,
greater than 10 kilowatts and less than or equal to 25 kilowatts or
kva; the fee shall be $75.
[Amended 5-20-2021 by Ord. No. 13-2021]
(d)
For each motor or electrical device greater than 26 horsepower
and less than or equal to 50 horsepower; and for photovoltaic system
arrays, greater than 26 kilowatts and less than or equal to 50 kilowatts
or kva, the fee shall be $130.
[Amended 5-20-2021 by Ord. No. 13-2021]
(e)
For each motor or electrical device greater than 51 horsepower
and less than or equal to 100 horsepower; and for photovoltaic system
arrays, transformers and generators greater than 51 kilowatts and
less than or equal to 100 kilowatts or kva, the fee shall be $210.
[Amended 5-20-2021 by Ord. No. 13-2021]
(f)
For each motor or electrical device greater than 100 horsepower;
and for photovoltaic system arrays, transformers and generators greater
than 100 kilowatts or kva, the fee shall be $840.
[Amended 5-20-2021 by Ord. No. 13-2021]
(g)
Equipment, devices rated by kilowatt or kva include but are
not limited to the following: electric ranges/receptacles, ovens,
surface units, electric hot water heaters, electric dryers/receptacles,
dishwashers, central AC units, baseboard heaters, transformers, generators,
steam shower units or any other devices consuming or generating electrical
current. Equipment or devices rated by horsepower include but are
not limited to the following: garbage disposals, motors, etc. Space
heaters or air handlers may be rated by HP, kW or kva.
(h)
For each service, panel or motor control and for inverters,
panels and disconnects for photovoltaic systems, rated up to 100 amps
the fee shall be $100.
[Amended 5-20-2021 by Ord. No. 13-2021]
(i)
For each service, panel or motor control and for inverters,
panels and disconnects for photovoltaic systems, rated 101 amps up
to 200 amps the fee shall be $185.
[Amended 5-20-2021 by Ord. No. 13-2021]
(j)
For each service, panel or motor control and for inverters,
panels and disconnects for photovoltaic systems, rated 201 amps up
to 400 amps the fee shall be $380.
[Amended 5-20-2021 by Ord. No. 13-2021]
(k)
For each service, panel or motor control and for inverters,
panels and disconnects for photovoltaic systems, rated over 400 amps
the fee shall be $840.
[Amended 5-20-2021 by Ord. No. 13-2021]
(l)
For all the following: signs; fire, security, burglar control
stations; communication control units; smoke, heat, fire, burglar
alarm systems in one- and two-family dwellings; utility load management
devices; lighting standards over eight feet, the fee shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(m)
For in-ground pools the fee shall be $235.
[Amended 5-20-2021 by Ord. No. 13-2021]
(n)
For spas, hot tubs, or fountains the fee shall be $160.
[Amended 5-20-2021 by Ord. No. 13-2021]
(o)
For storable or portable pools the fee shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(p)
For a swimming pool bonding certificate of compliance the fee
shall be $95.
(r)
The minimum fee for the electrical technical section shall be
$80.
[Amended 5-20-2021 by Ord. No. 13-2021]
4.
Fire Subcode Fee.
(a)
The fee for sprinkler systems shall be $135 for up to 12 heads.
[Amended 5-20-2021 by Ord. No. 13-2021]
(b)
For 13 to and including 40 heads the fee shall be $210.
[Amended 5-20-2021 by Ord. No. 13-2021]
(c)
For 41 to and including 100 heads the fee shall be $370.
[Amended 5-20-2021 by Ord. No. 13-2021]
(d)
For all heads over 100 the fee shall be $3 per head.
[Amended 5-20-2021 by Ord. No. 13-2021]
(e)
The fee for each standpipe shall be $340.
[Amended 5-20-2021 by Ord. No. 13-2021]
(f)
The fee for each independent pre-engineered suppression system
shall be $235.
[Amended 5-20-2021 by Ord. No. 13-2021]
(g)
The fee for each gas- or oil-fired appliance shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(h)
The fee for each kitchen exhaust system shall be $235.
[Amended 5-20-2021 by Ord. No. 13-2021]
(i)
The fee for spray booths exhaust system shall be $340.
[Amended 5-20-2021 by Ord. No. 13-2021]
(j)
The fee for a wood/coal burning stove, fireplace inserts, pre-fab
or masonry fireplace shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(k)
The fee for dry pipe, pre-action or sprinkler alarm valves and
for smoke, heat detectors and manual fire alarms shall be $135 for
up to 12 alarms, except that, for hard-wired and interconnected alarms
for one- and two-family residential, the fee shall be $95 for up to
12 alarms.
[Amended 5-20-2021 by Ord. No. 13-2021]
(l)
Each device over 12 shall be $9 each.
[Amended 5-20-2021 by Ord. No. 13-2021]
(m)
The fee for R3, R4 and R5 fire alarm systems shall be $95.
(n)
The fee for fire pumps shall be $445 each.
[Amended 5-20-2021 by Ord. No. 13-2021]
(o)
The fee for incinerators shall be $445 each.
[Amended 5-20-2021 by Ord. No. 13-2021]
(p)
The fee for crematoriums shall be $445 each.
[Amended 5-20-2021 by Ord. No. 13-2021]
(q)
The fee for unit heaters shall be $80 each.
[Amended 5-20-2021 by Ord. No. 13-2021]
(r)
The fee for chimney relining shall be $80.
[Amended 5-20-2021 by Ord. No. 13-2021]
(s)
The fee for the installation of any underground fuel storage
tank up to 550 gallons shall be $160. The fee for the aboveground
fuel storage tanks up to 550 gallons shall be $80. For tanks 551 to
1,000 gallons, the fee shall be $210. For tanks over 1,001 gallons,
the fee shall be $420.
[Amended 5-20-2021 by Ord. No. 13-2021]
(u)
The fee for a fire sprinkler water storage tank shall be $290.
[Amended 5-20-2021 by Ord. No. 13-2021]
(v)
The minimum fee for the fire technical section for one- or two-family
residential shall be $80 and for all other use groups shall be $135.
[Amended 5-20-2021 by Ord. No. 13-2021]
5.
Certificates and Other Special Fees. The fees for certificates shall
be as follows:
(a)
Certificate of occupancy, residential (single-family): $185,
except the fee for a certificate of occupancy for pools, decks and
small additions (under 400 square feet) is $50.
[Amended 5-20-2021 by Ord. No. 13-2021]
(b)
Certificate of occupancy, other than single-family: $370.
[Amended 5-20-2021 by Ord. No. 13-2021]
(c)
Certificate of occupancy for changes in use group: $370.
[Amended 5-20-2021 by Ord. No. 13-2021]
(d)
Certificate of approval: no fee.
(e)
Continued certificate of occupancy: $370 per unit or tenant
space.
[Amended 5-20-2021 by Ord. No. 13-2021]
(f)
Temporary certificate of occupancy, renewal fee shall be as
specified at N.J.A.C. 5:23-4.18(f)3.
[Amended 5-20-2021 by Ord. No. 13-2021]
(g)
Certificate of compliance: no fee.
(h)
The fee for asbestos or lead abatement projects shall be as
follows:
(1)
The administrative fee for each construction permit issued for
an asbestos hazard abatement project shall be as specified at N.J.A.C.
5:23-8.9.
(2)
The administrative fee for each certificate of occupancy issued
following the successful completion of an asbestos hazard abatement
project shall be as specified at N.J.A.C. 5:23-8.9.
(3)
The fee for a permit for lead hazard abatement projects shall
be $200.
[Amended 5-20-2021 by Ord. No. 13-2021]
(4)
The fee for a lead abatement clearance certificate shall be
$40.
[Amended 5-20-2021 by Ord. No. 13-2021]
(i)
The fee for a variation request application shall be $130 for
Class 3 residential; $315 for Class 3 other than residential and Class
2; and $900 for Class 1 buildings. The fee for resubmission of an
application for a variation shall be 1/2 of the original fee if required
by the Construction Official.
[Amended 5-20-2021 by Ord. No. 13-2021]
(j)
The fee for an application for the construction board of appeals
shall be as specified by the Hunterdon County Construction Board of
Appeals application.
(k)
A fee of $120 per hour may be charged for review of any amendment
or change to a plan that has already been released, or any other additional
work required by ordinance or interlocal agreement.
[Amended 5-20-2021 by Ord. No. 13-2021]
(l)
The fee for a zoning permit is $50.
(m)
The fee for a Flood Hazard Area Development permit shall be
$185 plus any applicable City engineering review costs, if required
by the City Engineer.
[Amended 5-20-2021 by Ord. No. 13-2021]
(n)
The fee to reinstate a lapsed permit shall be 50% of the initial
permit fee provided such application is made within one year from
the date the initial permit lapsed. Thereafter, the fee to reinstate
a lapsed permit shall be based on the current fee schedule.
(o)
The fee for an annual permit shall be charged annually, and
shall be a flat fee based on the number of maintenance workers (excluding
managers, engineers and clerks) who are primarily engaged in work
governed by a subcode (building/fire, electrical and plumbing). Fees
shall be as follows:
[Amended 5-20-2021 by Ord. No. 13-2021]
(p)
Prior to the issuance of the annual permit a training registration
fee of as specified in N.J.A.C. 5:23-4.20(c)5ii(2) per subcode shall
be submitted by the applicant to the Department of Community Affairs,
Bureau of Code Services, Education Unit, along with a copy of the
construction permit (Form F-170). Checks shall be made payable to
"Treasurer, State of New Jersey." The Department shall register these
individuals and notify them of the courses being offered.
[Amended 5-20-2021 by Ord. No. 13-2021]
6.
Exempt Fees.
(a)
No fees shall be charged for construction of any permitted building
or structure owned by the City of Lambertville or any of its respective
agencies.
(b)
Newly constructed and rehabilitated residential units that are
to be legally restricted to occupancy by households of low income
may qualify for reduced fees or be exempt from construction permit
fees as authorized by City Council on an individual basis, except
for the state training fee.
(c)
Pursuant to N.J.S.A. 52:27D-126e and 40:55D-8, no person shall
be charged a construction permit surcharge fee or enforcing agency
fee for any construction, reconstruction, alteration or improvement
designed and undertaken solely to promote accessibility by disabled
persons to an existing public or private structure for any of the
facilities contained therein. A disabled person, or a parent or sibling
of a disabled person, shall not be required to pay any municipal fee
or charge in order to secure a construction permit for any construction,
reconstruction, alteration or improvement which promotes accessibility
to his or her own living unit. For purposes of this subsection, the
term "disabled person" means a person who has the total and permanent
inability to engage in any substantial gainful activity by reason
of any medically determinable physical or mental impairment, including
blindness, and shall include, but not be limited to, any resident
of this state who is disabled pursuant to Federal Social Security
Act (42 U.S.C. § 416), or the Federal Railroad Retirement
Act of 1974 (45 U.S.C. § 231, et seq.), or is rated as having
a 60% disability or higher pursuant to any federal law administered
by the United States Veterans Act. For purposes of this subsection,
the term "blindness" means central visual acuity of 20/200 or less
in the better eye with the use of a correcting lens. An eye which
is accompanied by a limitation in the field of vision such that the
widest diameter of the visual field subtends an angle no greater than
20° shall be considered as having a central visual acuity of 20/200
or less.
(d)
Outside Agency Fees. Notwithstanding any other fee hereinafter
set forth, when the City has retained a private on-site inspection
or plan review agency to carry out subcode official responsibility,
no fee charged shall exceed the amount paid by the City to that private
agency plus 30%.
8.
Construction
Records Clearance (CRC).
[Amended 5-20-2021 by Ord. No. 13-2021]
(a)
When required. A construction records clearance (CRC) shall
be required prior to the sale or change of tenant of any residential
or commercial structure. In that event, there shall be no change in
occupancy of a building or structure, in whole or part, prior to the
issuance of a CRC.
(b)
Responsibility. No owner shall permit the sale of a residential
or commercial premises covered under this section unless the requisite
CRC has been issued. No purchaser or new tenant shall occupy any premises
covered under this section until the requisite CRC has been issued.
Owners and occupants shall be jointly and separately responsible for
failure to obtain the requisite CRC required hereunder. The owner
or his authorized agent shall submit a written application and payment
of fees at least two months prior to the change of ownership and/or
occupancy on the form provided by the Township.
(c)
Preoccupancy records search. Prior to the issuance of any such
certificate for any transaction, the enforcing agency shall conduct
a records search to ensure that there are no open construction permits
on subject premises. Should there be open permits on subject premises,
all necessary inspections, payment of fees due, and prior approvals
shall be obtained and appropriate Uniform Construction Code certificates
shall be issued prior to issuance of the CRC. The Construction Official
may, at his discretion, exempt any active and ongoing permits or projects
from the CRC.
(d)
Fees. The applicant shall submit with the application the fee
for the CRC to cover the administrative cost in accordance with the
following schedule based on the number of days prior to closing or
occupancy change:
(e)
Validity. The CRC will only be valid for a period of 90 days
and shall only apply to any permits issued prior to the CRC application
and shall not apply to any permit applications submitted after the
CRC application.
(f)
Violations and penalties.
(1)
Any person, firm or corporation violating any provisions of
this section shall, upon conviction, be punishable by a fine not exceeding
$2,000, imprisonment for a period not exceeding 90 days and/or a period
of community service not exceeding 90 days.
(2)
The issuance of a CRC shall not preclude the imposition of penalties
upon subsequent discovery of violations.
(3)
Certificates are valid for all permits issued up to the date
of the CRC certificate issuance and must be renewed for each sale
or occupancy change.
b.
The Construction Official shall, with the advice of the subcode officials,
prepare and submit to the City, biannually, a report recommending
a fee schedule, based on the operating expenses of the agency and
any other expenses of the municipality fairly attributable to the
enforcement of the State Uniform Construction Code Act.
c.
In order to provide for the training, certification and technical
support programs required by the Uniform Construction Code Act and
the regulations, the enforcing agency shall collect, in addition to
the fees specified above, a surcharge fee as specified in N.J.A.C.
5:23-4.19. Said surcharge fee shall be remitted to the Bureau of Housing
Inspection, Department of Community Affairs, on a quarterly basis
for the fiscal quarters ending September 30, December 31, March 31,
and June 30, and not later than one month next succeeding the end
of the quarter for which it is due. In the fiscal year in which the
regulations first become effective, the fee shall be collected and
remitted for the third and fourth quarters only. The enforcing agency
shall report annually at the end of each fiscal year to the Bureau
of Housing Inspection, and not later than July 31, the total amount
of the surcharge fee collected in the fiscal year. In the fiscal year
in which the regulations first become effective, said report shall
be for the third and fourth quarters only.
[1990 Code § 10-1.4]
The establishment of fire limits pursuant to N.J.A.C. 5:23 is
reserved and shall be further established by amendment to this section
on such date as may hereafter be established.
[1990 Code § 10-1.5]
a.
Any person or corporation, including an officer, director or employee
of a corporation, who:
1.
Violates any of the provisions of this section or rules promulgated
hereunder;
2.
Constructs a structure or building in violation of a condition of
a building permit;
3.
Fails to comply with any order issued by an enforcing agency or the
Department;
4.
Makes a false or misleading written statement or omits any required
information or statement in any application or request for approval
to an enforcing agency or the Department, shall be subject to a penalty
of not more than $2,000 per offense.
[Amended 5-20-2021 by Ord. No. 13-2021]
b.
Anyone who knowingly refuses entry or access to an inspector lawfully
authorized to inspect any premises, building or structure pursuant
to this chapter or who unreasonably interferes with such an inspection
shall be subject to a fine of not more than $250.
c.
With respect to paragraph a.3 above, a person shall be guilty of
a separate offense for each day that he fails to comply with a stop-construction
order validly issued by an enforcing agency or the Department. With
respect to paragraphs a.1. and a.4 above, a person shall be guilty
of a separate offense for each violation of any provision of this
chapter or rule promulgated hereunder and for each false or misleading
written statement or omission of required information or statement
made in any application or request for approval to an enforcing agency
or the Department. With respect to paragraph a.2 above, a person shall
be guilty of a separate offense for each violation of the conditions
of a construction permit.
d.
The penalties pursuant to this subsection may be collected in a summary
proceeding pursuant to the Penalty Enforcement Law (N.J.S.A. 2A:58-10
et seq.). Jurisdiction to enforce such penalties is hereby conferred
upon judges of the Municipal Court in addition to the courts specified
by N.J.S.A. 2A:58-11. Suit may be brought by a municipality or the
State of New Jersey. Payment of a money judgment pursuant hereto shall
be remitted in the case of a suit brought by a municipality to the
Chief Financial Officer and in the case of a suit brought by the State
of New Jersey, to the State Treasurer.
[New; amended 5-20-2021 by Ord. No. 13-2021]
The Mayor and Council shall have the authority to waive construction
permit fees for residents and businesses when impacted by a natural
disaster such as a flood or pandemic.
[1990 Code § 10-2.1; New]
Pursuant to the provisions of Chapter 21, P.L. 1946 (N.J.S.A.
40:49-5.1) the "New Jersey State Housing Code" under N.J.A.C. 5:28.1
et seq. is hereby accepted, adopted and established as a standard
to be used as a guide in determining the fitness of a building for
human habitation or occupancy or use.
[1990 Code § 10-2.2]
Whenever there is found to exist within the limits of the City
of Lambertville, any 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,
light or sanitation facilities or due to other conditions rendering
such building or buildings, or part thereof, unsafe or unsanitary,
or dangerous or detrimental to the health or safety or otherwise inimical
to the welfare of the residents of the City, the City of Lambertville,
in the exercise of its police power, as conferred upon it under the
provision of N.J.S.A. 40:48-2.3 et seq. shall take such action as
necessary to repair, close or demolish, or cause or require the repairing,
closing or demolition of such building or buildings or part thereof
in accordance with the procedures set forth herein.
[1990 Code § 10-2.3]
As used in this section:
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.
Shall mean the Mayor and City Council of the City of Lambertville.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a building and any who are in actual
possession thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the City,
County or State relating to health, fire, building regulations, or
to other activities concerning buildings in the City.
Shall mean the officer, officers, board or body authorized
by ordinance adopted hereunder to exercise the powers prescribed by
such ordinances and by this act.
[1990 Code § 10-2.4]
The Construction Official shall be the public officer designated
to exercise the powers prescribed by this section.
[1990 Code § 10-2.5]
a.
Whenever a petition is filed with the Construction Official by a
public authority or by at least five residents of the City charging
that any building is unfit for human habitation or occupancy or use
or whenever it appears to the Construction Official, on his own motion,
that any building is unfit for human habitation or occupancy or use,
the Construction Official 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 Construction Official (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; 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 Construction Official.
b.
If, after such notice and hearing, the Construction Official determines
that the building under consideration is unfit for human habitation
or occupancy or use, he shall state in writing his finding of fact
in support of such determination and shall issue and cause to be served
upon the owner thereof and parties in interest an order:
1.
Requiring the repair, alteration or improvement of the building to
be made by the owner, within a reasonable time, which time shall be
set forth in the order or at the option of the owner to vacate or
have the building vacated and closed within the 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.
c.
If the owner fails to comply with an order to repair, alter or improve
or, at the option of the owner, to vacate and close the building,
the Construction Official may cause such building to be repaired,
altered or improved, or to be vacated and closed. The Construction
Official 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."
d.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement for, and receipt of, bids therefor.
e.
The amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search
fees and advertising charges, incurred in the course of any proceeding
taken under this section determined in favor of the municipality,
and
2.
Such cost of such repairs, alterations or improvements, or vacating
and closing, or removal or demolition, if any, or
3.
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 Construction
Official, he shall sell the materials of such building. There shall
be credited against the cost of the removal or demolition thereof,
including the clearance and, if necessary, leveling of the site, 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 exceed such costs, the balance remaining shall be deposited
in the Superior Court by the Construction Official, 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. 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.
[1990 Code § 10-2.6]
If an actual and immediate danger to life is posed by the threatened
collapse of any fire damaged or other structurally unsafe building,
the Construction Official may, after taking such measures as may be
necessary to make such building temporarily safe, seek a judgment
in summary proceedings for the demolition thereof.
[1990 Code § 10-2.7]
Nothing contained herein shall be construed to impair or limit
in any way the City's power to define and declare nuisances and to
cause their removal or abatement, by summary proceeding or otherwise,
nor is anything in this section intended to limit the authority of
the Construction Official under the State Uniform Construction Code
Act, P.L. c.217 (C.52:27D-119 et. seq.) or any other rules or regulations
adopted thereunder.
[1990 Code § 10-2.8]
The Construction Official 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 City; such conditions may include
the following (without limiting the generality of the foregoing):
defects therein increasing the hazards of fire, accident, or other
calamities; lack of adequate ventilation, light, or sanitary facilities;
dilapidation; disrepair; structural defects; uncleanliness.
[1990 Code § 10-2.9]
Complaints or orders issued by the Construction Official pursuant
to this section shall be served upon persons either personally or
by registered mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained in the exercise of reasonable diligence,
the Construction Official shall make an affidavit to that effect,
then the serving of such complaint or order upon such persons may
be made by publishing the same once in a newspaper printed and published
in the municipality, or, in the absence of such newspaper, in one
printed and published in the County and circulating in the municipality
in which the buildings are located. A copy of such complaint or order
shall be posted in a conspicuous place on 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 Recording Officer of
the County in which the building is located.
[1990 Code § 10-2.10]
Any person aggrieved by an order issued by the Construction
Official under this section may, within 30 days after the posting
of service of such order, bring an action for injunctive relief to
restrain the Construction Official from carrying out the provisions
of the order and for any other appropriate relief. The court may proceed
on the action in a summary manner or otherwise. The remedy herein
provided shall be exclusive, and no person affected by an order of
the Construction Official shall be entitled to recover any damages
for action taken pursuant thereto, or because of noncompliance by
any person with any order of the Construction Official.
[1990 Code § 10-2.11]
The Construction Official shall have the following additional
powers to enable him to carry out and effectuate the purposes and
provisions of this section:
a.
To investigate the building conditions in the City in order to determine
which buildings therein are unfit for human habitation or occupancy
or use;
b.
To administer oaths, affirmations, examine witnesses and receive
evidence;
c.
To enter upon premises for the purpose of making examinations; provided
that such entries shall be made in such manner as to cause the least
possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees
as he deems necessary to carry out the purposes of the section; and
e.
To delegate any of his functions and powers under the section to
such officer and agents as he may designate.
[1990 Code § 10-2.12]
The Mayor and Council shall as soon as possible 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 City 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 revenues as may be necessary for this purpose
and may accept and apply grants and donations to assist in carrying
out the provision of this section.
[1990 Code § 10-2.13]
Nothing in this section shall preclude the City from enforcing
any other section or regulations; nor from punishing violations thereof.
The powers conferred by this section shall be in addition and supplemental
to the power conferred by any other section.
[1990 Code § 10-3.1]
The Mayor and Council ordains that this section shall be known
as "The Lambertville Open Housing Regulations."
[1990 Code § 10-3.2]
As used in this section:
Shall mean housing accommodations held or offered for sale
or rent by a real estate broker, salesman or agency, or by any other
person pursuant to authorization of the owner, by the owner himself,
or by legal representative, but shall not include any personal residence
offered for rent by the owner or lessee thereof or by a broker, salesman,
agent or employee.
Shall mean and include:
Any building or structure or portion thereto which is used or
occupied or is intended, arranged or designed to be used or occupied
as the home, residence or sleeping place of one or more individuals,
groups or families whether or not living independently of each other;
and
Any vacant land offered for sale or lease for commercial housing.
Shall mean and include one or more individuals, partnerships,
associations, organizations, corporations, legal representative, trustees
in bankruptcy or receivers.
It also includes, but is not limited to, any owner, lessor,
assigner, builder, manager, broker, agent, employer, lending institution
and all political subdivisions, authorities, boards, and commissioners.
Shall mean a building or structure containing living quarters
occupied or intended to be occupied by no more than two individuals,
two groups or families living independently of each other and used
by the owner or lessee thereof as a bona fide residence.
[1990 Code § 10-3.3]
It shall be unlawful discriminatory practice for any persons
to:
a.
Refuse to sell, lease, finance or otherwise to deny or withhold commercial
housing from any person because of race, color, religious creed, ancestry,
sex or national origin of any prospective owner, occupant or user
of such commercial housing to any person due to use of a guide dog
because of the blindness of the user.
b.
Refuse to lend money, whether or not secured by mortgage or otherwise
for the acquisition, construction, rehabilitation, repair or maintenance
of commercial housing from any person because of the race, color,
religious creed, ancestry, sex or national origin of any present or
prospective owner, occupant or user of such commercial housing.
c.
Discriminate against any person in the terms or conditions of selling
or leasing of any commercial housing or in furnishing facilities,
services or privileges in connection with the ownership, occupancy
or use of any commercial housing because of race, color, religious
creed, ancestry, sex or national origin or any present or prospective
owner, occupant or user of such commercial housing, or to discriminate
against any person in terms of leasing any commercial housing or in
furnishing facilities, services or privileges in connection with the
occupancy or use of any commercial housing due to use of guide dog
because of the blindness of the user.
d.
Discriminate against any person in the terms or conditions of any
loan of money, whether or not secured by mortgage or otherwise for
the acquisition, construction, rehabilitation, or repair or maintenance
of commercial housing because of the race, color, religious creed,
ancestry, sex or national origin of any present or prospective owner,
occupant or user of such commercial housing.
e.
Print, publish or circulate any statement or advertisement relating
to the sale, lease or acquisition of any commercial housing or the
loan of money, whether or not secured by mortgage, or otherwise for
the acquisition, construction, rehabilitation, repair or maintenance
specification, or discrimination based upon race, color, religious
creed, ancestry, sex or national origin, or to print, publish or circulate
any statement or advertisement relating to the lease of any commercial
dwelling which indicates any preference, limitation, specification
or discrimination based upon use of a guide dog because of the blindness
of the user.
[1990 Code § 10-4.1]
The Mayor and Council hereby declare the intent to regulate,
in a manner consistent with the interests and to insure the protection
and safety of the citizens of the City, the location, use, placement
and construction of temporary construction platforms.
[1990 Code § 10-4.2]
No person shall encumber or obstruct any street, highway, public
lane, alley, sidewalk or other public place in the City by placing
therein or thereon any scaffolding or other temporary construction
platforms used in the construction, repair or maintenance of buildings
except in compliance with the provisions of this section.
[1990 Code § 10-4.3; Ord. No. 2010-13]
As used in this chapter:
Shall mean the Construction Code Official of the City of
Lambertville.
Shall mean a temporary platform, manlift, ladder and planks,
pump jacks, frame or similar means used chiefly to support workmen
and materials in the construction, maintenance and/or repairs of buildings.
[1990 Code § 10-4.4; Ord. No. 2010-13]
a.
The placement of a scaffold upon a sidewalk, street, highway or any
other public place within the limits of the City, by any person other
than agents or employees of the City is hereby prohibited unless a
permit for the placement of the scaffold is obtained from the Construction
Official, pursuant to this section, and evidence of such permit is
displayed conspicuously on the building for which the scaffold is
being used by means specified by the Construction Official.
b.
This section shall not be construed to prohibit the placement of
a scaffold on private property except for scaffolding in close proximity
to a sidewalk, street, or other public place such that it may pose
a hazard to the safety of the public as determined by the Construction
Official.
[1990 Code § 10-4.5; Ord. No. 2010-13]
An application for a permit pursuant to subsection 10-4.4 shall be made on forms approved and made available by the Construction Official. Such application shall include, but not be limited to, the following information:
a.
The name and address of the applicant.
b.
A description or diagram of the location where the applicant proposes
to place the scaffold. A signed sealed engineers drawing may be required
as determined by the Construction Official.
c.
A description of the scaffold which the applicant proposes to place
on the sidewalk, street or any other public place in the City, which
includes the name of its manufacturer and its capacity.
d.
The circumstances necessitating the use of the scaffold.
e.
The length of time the applicant plans to place the scaffold on the
site, such time not to exceed 30 days.
[1990 Code § 10-4.6; Ord. No. 2007-27; Ord. No. 2010-13]
a.
A minimum fee of $50 is required before any permit is issued pursuant
to this section. The Construction Office shall approve the subsequent
renewals and an additional minimum fee of $25 shall be due and payable
upon issuance of all renewals.
b.
The minimum fee shall be charged for all scaffolding 15 feet or less
in height and 30 feet or less in length. An additional $10 per foot
for each additional foot of height and/or length shall be charged
for the application and $5 per foot for each renewal with a maximum
fee of $600 for any single scaffold for any one month.
[1990 Code § 10-4.7]
Each application for a permit authorized under this section
shall be accompanied by a policy or certificate of insurance, including
the applicant and the City as named insured and evidencing general
liability coverage to protect the public from bodily injury or property
damage sustained as a result of the use of the scaffold. Such policy
or certificate shall contain limits of at least $500,000 for bodily
injury and $100,000 for property damage and shall provide at least
30 days' notice of cancellation to be afforded to the Construction
Official.
[1990 Code § 10-4.8; Ord. No. 2010-13]
a.
No permit shall be granted by the Construction Official for a term
longer than required for the project. This time frame shall be determined
by the Construction Official upon the initial issuance of the permit.
Initial fees and renewal fees to be as stated in this chapter up to
the term required for the project. Permit fees for renewals after
the initial term will be increased by 50% and the maximum fee of $600
shall no longer apply.
b.
Upon the expiration of the permit or any renewals thereof, the applicant
shall remove, or cause to be removed, the scaffold from the sidewalk,
street or any other public place.
[1990 Code § 10-4.9]
a.
Any permit granted pursuant to the provisions of this section may
be revoked by the Construction Official if:
b.
A decision by the Construction Official to revoke any permit issued
pursuant to the provisions of this section shall be submitted in writing
to the permit holder by registered or certified mail. Such decision
shall state clearly the grounds for the revocation.
c.
The permit holder may appeal the revocation to the Mayor and Council.
An appeal must be filed by the permit holder with the City Clerk within
seven days after the notice of revocation was mailed to him. Such
appeal must state in writing the grounds for the appeal. The Mayor
and Council shall then set a time and place for the hearing and notify
the permit holder in writing at least five days in advance of the
hearing by mailing a notice to his last known address. The decision
and order of the Mayor and City Council shall be final and conclusive.
[1990 Code § 10-4.10]
Any person violating the terms of this section shall, upon conviction in Municipal Court, be liable to the penalty in Chapter 1, Section 1-5. A person shall be guilty of a separate offense for each day he fails to comply with an order of the Construction Official validly issued requiring the scaffold to be removed.
[1990 Code § 10-5.1]
The purpose of this section is to require clear display of authorized
and assigned house or building numbers on every dwelling house, store
or other principal buildings fronting on any street in the City of
Lambertville in order to assist the general public and emergency services,
public and private, in identifying the property in case of emergency
or otherwise.
[1990 Code § 10-5.2]
All dwelling houses, stores or other principal buildings erected or to be erected within the City shall display house numbers assigned by the Tax Assessor as provided herein and in conformity with the specifications set forth in subsection 10-5.4.
[1990 Code § 10-5.3]
The owner of every dwelling house, store or other principal
building which now fronts or which may hereafter front upon any public
or private street within the City shall, at his own expense, cause
the authorized and assigned number of such house or building to be
permanently and conspicuously placed in accordance with the specifications
set forth herein.
[1990 Code § 10-5.4]
a.
House or building numbers shall be:
1.
In Arabic numerals.
2.
A minimum height of three inches.
3.
Mounted in a secure fashion to the front wall or porch of the building
or other fixed appurtenance in the front of the building so as to
be clearly visible from the street.
4.
Sufficiently legible as to contrasting background, arrangement, spacing
and uniformity so as to be clearly visible from the street.
5.
At least 30 inches above ground level and so placed that trees, shrubs
and other obstructions do not block the line of sight of the numbers
from the street upon which the building fronts.
b.
Visibility of numbers on building which is set back. If the dwelling
house, store or principal building has such a setback location that
the provisions cannot be complied with, then the owner shall provide
a post, rod or other type of fixture of a substantial nature, including
a mailbox, with the number affixed thereon and so located on the premises
that the number shall be conspicuous and visible from the street upon
which the building fronts.
[1990 Code § 10-5.5]
House numbers shall be assigned by the Tax Assessor. Every owner
of a building constructed or to be constructed in the City shall apply
to the Tax Assessor for an authorized number in accordance with this
section and the applicable provisions of the Subdivision Ordinance
of the City of Lambertville.
[1990 Code § 10-5.6]
The number of houses and buildings on the various streets in
the City shall be in conformance with the Tax Map of the City of Lambertville
and with the current Tax Records which are on file in the Office of
the City Clerk and will remain on file in that office for the use
and examination of the public. The Tax Map and Tax Records are annexed
hereto and made a part hereof without inclusion thereof herein.
[Ord. No. 90-11; 1990 Code
§ 10-5.7; New]
Upon the failure of an owner to ascertain and affix upon any
building to which this section applies the assigned and authorized
number within 30 days of the issuance of a certificate of occupancy
or notification by the City Clerk to affix the building number, the
City Clerk may enforce the provisions herein.
[1990 Code § 10-5.8]
[1990 Code § 10-6.1]
The purpose of this section is to regulate and control the installation,
operation and maintenance of private alarm systems within the City
in order to insure that the quality of alarm responses rendered to
the public will be maintained at a high level, to eliminate potential
harm resulting in responses to false alarms, and to alleviate conditions
otherwise leading to unnecessary drain on the manpower, time, space,
facilities and finances of the City of Lambertville and its Police
and Volunteer Fire Department.
[1990 Code § 10-6.2]
The purpose of this section is to provide standards and regulations
for various types of intrusion, burglary, fire and other emergency
alarm equipment which produce a visual or audible signal or function
by direct line, radio, telephone or by any other means requiring a
response by the Police Department, volunteer Fire Department or other
municipal agencies.
The provisions of this section shall apply to alarm businesses
and to any person who operates, maintains or owns any alarm device,
dial alarm or local alarm designed to produce a visual or audible
signal of an emergency and designed to summon or alert, directly or
through others, the Police Department, Fire Department or other municipal
agencies in response to any type of alarm signal.
[1990 Code § 10-6.3]
The following definitions shall apply in the interpretation
and enforcement of this section unless otherwise specifically stated:
Shall mean any business, operated by a person, partnership,
corporation or other individual or entity which engages in the activity
of altering, installing, leasing, maintaining, repairing, replacing,
selling, servicing or responding to a fire or burglar alarm system(s)
or which causes any of these activities to take place. Excluded from
this definition, however, are retail establishments which sell alarm
systems over the counter and do not service same.
Shall mean any type of alarm-activating equipment which provides
warning of burglary, intrusion, fire, flood or like peril.
Shall mean equipment or a device, or an assembly of equipment
and devices to signal the presence of an emergency or hazard requiring
urgent attention and to which the Police Department, Fire Department
or other municipal agency may be expected to respond.
Shall mean any person, firm, partnership, association, corporation,
company or organization or entity of any kind in control of any building,
structure or facility wherein an alarm device or system is maintained,
and including; but not limited to, owners, tenants, subtenants or
otherwise.
Shall mean the individual designated by the Police Director
or the Fire Official who performs a function required or permitted
by this section under the supervision of the Police Director or the
Fire Official.
Shall mean any type of alarm system using telephone lines,
transmitting an alarm directly through the communications switchboard,
answering service or alarm company console, providing warning of intrusion,
fire or other peril.
Shall mean any alarm or signal of an alarm actuated by inadvertence,
negligence, intentional or unintentional act of a person, domestic
animal and/or household pet other than an intruder; and including
alarms caused by mechanical failure, malfunction or improper installation
of the alarm system and related equipment. It shall further include
improper adjustment (sensitivity) to suppress false indications due
to short flashes of light, wind, noises, rattling or vibrations of
doors or other forces.
Shall mean and include the following:
Shall mean the individual appointed by the Mayor with the consent of Council pursuant to Chapter 11 of the Lambertville City Code or his designated representative.
Shall mean the authorized fire companies providing fire protection
and suppression to the City of Lambertville under the direction of
the Fire Chief and the Board of Fire Commissioners.
Shall mean a device having an audible alarm indicating smoke
and/or fire within a structure and not connected to an alarm system
or to any external sounding device outside of the structure.
Shall mean the person who holds the license to install, operate
and maintain the alarm/alarm console pursuant to the provisions of
this section.
Shall mean any alarm system, which, when activated, produces
a signal not connected to an alarm console or the communications switchboard,
including, but not limited to business burglar alarms actuating bell
or other sound generating devices and/or light emitting devices providing
warning of intrusion or other peril. The term "local alarm" shall
not include an alarm system solely connected to a registered motor
vehicle, nor shall the term include equipment designed to signal solely
within a building or series of buildings and which does not emit signals,
visible or audible, to persons outside such building or buildings,
i.e. "independent smoke detector."
Shall mean any person who owns an alarm device who has obtained
a permit according to the provisions of this section. All permits
shall be issued and fees paid therefor on a one time basis.
Shall mean any natural person or individual, or any firm,
partnership, association, limited partnership, sole proprietorship,
corporation or any other business entity.
Shall mean notice by certified mail, return receipt requested.
[1990 Code § 10-6.4; New]
a.
No person shall install, operate or maintain any alarm system unless
the alarm system has been registered with the Lambertville Police
Department. The Police Department shall provide a copy of all approved
registration forms to the Lambertville Fire Official, Fire Chief and
the Construction Official.
b.
An alarm system shall be deemed registered at such times as a registration
form supplied by the Police Department is completed as to all information
requested therein. Among the information to be provided on the registration
form is the following:
1.
The name, address and telephone number of the owner and tenant or
occupier of the property if other than the owner, upon which the alarm
system is installed.
2.
The name, address and telephone number of the installer of the system.
3.
The type of system.
4.
A list of names, addresses and telephone number of the person(s)
to be contacted in the event of an alarm or in an emergency situation
determined by the Police or Fire Department.
5.
The names, address and twenty-four-hour telephone numbers of the
persons or company maintaining the alarm system.
c.
No further renewal registration shall be required unless and until
there has occurred any material change in the information previously
submitted with respect to any alarm system in which event it shall
be the duty of the owner and user of the alarm system within 10 days
of such material change, to file a supplemental or revised registration
containing accurate, current information.
d.
A one-time fee in the amount of $25 shall accompany each registration.
Change or reregistration for new owners or users, there shall be a
fee of $10. Upon payment of the fee and filing of the registration,
two decals will be issued. The decals will be placed in plain view,
near the front/main entrance and rear/secondary entrance of the premises.
e.
All pre-existing alarm systems shall comply with the requirements
of this section within 60 days of the date of the final adoption of
this section.
f.
Excluded from this provision are "independent smoke detectors" that
do not emit an audible or visible signal outside of the structure.
g.
No person shall install any alarm system without first filing an
application with the Construction Official or the appropriate subcode
officials, in writing and obtaining the required permit, therefor,
pursuant to N.J.A.C. 5:23-2.14.
h.
Any pre-existing alarm system that was installed without the required
inspection and approval of a construction permit pursuant to the Uniform
Construction Code shall obtain said permits and inspection approvals.
[1990 Code § 10-6.5]
a.
Each "alarm system" as defined herein and installed after the effective
date of this section shall utilize discrete circuitry for multi-purpose
alarm systems to insure appropriate emergency response.
b.
Any alarm system which requires for its operation electricity supplied
by a public utility may be equipped with a battery rendering it operable
in the event of a power outage if so desired by the property owner.
Such a battery back-up shall be required for any alarm system which
will trigger itself automatically in the event of a power outage.
c.
Every alarm system must be provided with a device which will shut
off the alarm after 10 minutes of activation.
d.
Every burglar alarm system shall be equipped with a time delay of
at least 15 seconds which may include an audible signal of the same
length of time, said time delay to be designated to prevent accidental
activation of the system. The 15 second audible signal, if utilized,
shall be audible only within then structure and not externally.
e.
No alarm system may be connected directly or indirectly to the Police
or Fire Department.
f.
No person shall install, cause to be installed or permit to be installed,
any alarm device by whatever name known, which automatically selects
a telephone line dedicated to the Police or Fire Department for the
purpose of playing a recorded message to report any emergency. All
alarm systems shall be programmed to dial Hunterdon County Communications
at 908-782-0911.
1.
All central station and proprietary alarm systems, including automatic
systems shall have the responsibility to identify and communicate
the nature of the alarm; burglar alarms to Police Department and fire
alarms to the Fire Department.
g.
All dial alarms shall be capable of being disconnected to allow a
call to the Police Department or Hunterdon County Communications in
the event of a false alarm.
h.
No Police, Fire or other public department or official shall be responsible
in any way for the resetting or maintenance of any alarm system.
i.
No alarm business or person owning, using or possessing an alarm
system shall cause or permit the giving of repeated false alarms,
for test purposes or otherwise, whether intentional, accidental or
otherwise. Owners and operators of such alarms shall be governed by
the false alarm procedures and penalties set forth in this section.
j.
If any person has any dial alarm connected at the time of the effective date of this section, it shall be reprogrammed within 30 days of said effective day to comply with this ordinance. (Refer to subsection 10-6.5k below.)
k.
The contents of a dial alarm message shall be clear and intelligible
and in the format approved by the Police Director or Fire Official.
No such message shall be transmitted more than two times as a result
of a single stimulus of the mechanism. Messages shall not exceed 15
seconds and the time gap between each shall not exceed 10 seconds.
l.
The sensory mechanism of dial alarms shall be adjusted so as to suppress
false indications and not be actuated by impulses due to short flashes
of light, wind, noises, rattling or vibration of doors or the forces
unrelated to general alarms.
m.
Permits for local alarm systems shall not be issued with respect
to buildings which are not owner-occupied, prior to receipt by the
Police Director of satisfactory proof that the occupant(s) of the
building have been notified of the existence of such alarm system,
or of the intent to install a local alarm system and the provisions
of this section.
n.
By installing an alarm system and registering same with the City
of Lambertville Police Department, each permittee agrees to indemnify
and hold harmless the City of Lambertville and the Volunteer Fire
Companies and Fire Department of the City of Lambertville and mutual
aid departments, their agents, servants and employees from and against
any and all claims, suits, damages, costs, losses and expenses and
to release the City of Lambertville, the Volunteer Fire Companies,
the Fire Department and the Board of Fire Commissioners and mutual
aid departments, their agents, servants and employees from any and
all liability or damages in any way resulting from or arising out
of or connected with the installation, operation or maintenance of
the alarm system or any act or omission connected therewith.
o.
Any alarm business and/or property owner having knowledge of the
sale or change of tenants in a property shall be responsible for notifying
the Police Department when one of its customers possessing an alarm
system sells the property or changes tenants. The alarm business shall
notify the Police Department of the name of the new owner or tenant
and whether or not the new owner or tenant is continuing with an alarm
device or system within the property.
[1990 Code § 10-6.6]
All information submitted in compliance with this section shall
be held in the strictest confidence and shall be deemed a record exempt
from public disclosure pursuant to State Statute. Any violation of
confidentiality shall be deemed a violation of this section.
[1990 Code § 10-6.7; Ord. No. 2005-05 § 1]
a.
Any person who fails to register an alarm system as required by the
provision of this section is subject to a minimum of $50 and maximum
of $500 fine to each and every violation.
b.
Any owner, user or alarm business who installs such a system that
is not in compliance with this section is subject to a fine of $50
and may be required to remove such alarm systems.
c.
In the case of each false burglary alarm which summons the Police
Department to respond, the Police Director shall cause an investigation
to be made and shall keep a record of such false burglary alarms on
file.
d.
In the case of each false fire alarm which summons the Fire Department
to respond, the Fire Official shall cause an investigation to be made
and shall keep a record of such false fire alarm on file.
e.
In the event of a false burglary alarm, excluding acts of God, the
permittee shall, within three days to complete a written report setting
forth the causes of the false burglary alarm, the corrective action
taken and a statement as to whether the burglary alarm system has
been inspected and/or serviced by an alarm service company and such
other information as the Police Director may reasonably require.
f.
In the event of a false fire alarm, excluding acts of God, the permittee
shall be responsible within three days to complete a written report
setting forth the cause or causes of the false fire alarm and such
other information as the Fire Official may reasonably require. Furthermore,
within 10 business days the fire alarm company must submit to the
Fire Official the corrective action taken and a statement as to whether
the fire alarm system has been inspected and/or serviced by an alarm
service company.
g.
If a report is not filed or insufficient action is taken to resolve
the problem, in cases of false burglary alarm report the Police Director
may file action in Municipal Court for violation of this section.
In cases of false fire alarm report the Fire Official may file action
in Municipal Court for violation of this section.
h.
Owners and/or users of alarm systems shall be subject to the following
minimum fine schedule for false alarms within a twelve-month period.
|
Number of False Burglary Alarms Within a Twelve-Month Period
|
Minimum Fine/Penalty
|
|---|---|
|
1-2
|
Provide written report as per subsection 10-6.7
|
|
3
|
$50
|
|
4
|
$100
|
|
5
|
$200
|
|
6
|
$400
|
|
More than 6
|
$500 per occurrence
|
|
Number of False Fire Alarms Within a Twelve-Month Period
|
Minimum Fine/Penalty
|
|---|---|
|
1
|
Provide written report as per subsection 10-6.7
|
|
2
|
$250
|
|
More than 3
|
$500 per occurrence
|
|
The calculation of the number of false alarms, for both burglary
and fire shall be without regard to whether the false alarms involved
intrusion alarms or fire alarms.
|
[1990 Code § 10-6.8; New]
Unless otherwise provided by law, any person who intentionally
causes the giving of false alarm shall be in violation of this section
and subject to a penalty of not less than $250 and not more than $2,000
and/or imprisonment for any term not to exceed 90 days, and/or by
a period of community service not to exceed 90 days for each such
offense[1].
[1]
Editor's Note: See also N.J.S.A. 2C:33-3 and 2C:33-3.2.
[1990 Code § 10-6.9]
a.
Testing Alarms. Any person testing an alarm system covered by the
provisions of this section shall notify the Police Department and
Hunterdon County Communications immediately prior to and immediately
after the testing is completed. Failure to do so shall constitute
a violation of this section and subject such person to the penalties
set forth herein.
b.
The Police Director, Fire Chief and Fire Official shall cooperate
in all respects in connection with the administration of this section
and the forms, permits, decals, records and other documents used by
the Police Director.
c.
Rules and Regulations. The Police Director may, from time to time,
promulgate rules and regulations in furtherance of the administration
of this section which shall be enforced through the Police Department.
Said rules and regulations shall become effective upon approval by
resolution adopted by the Mayor and City Council.
[1990 Code § 10-6.10; Ord. No.
2005-05 § 2]
The Police Director is hereby designated as officer in charge
of the enforcement of this section, excluding false fire alarms. The
Fire Official is hereby designated as officer in charge of the false
fire alarms. The Mayor and Council may designate such assistant enforcement
officers for purposes of the enforcement of this section as are needed
for such purposes. The enforcement officer shall have the authority
to use the services of the Police Department or any public authority
to enforce this section.
[1]
Editor's Note: Ordinance No. 2010-23 Superseded Ordinance
Nos. 2006-06 and 2007-07.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
As used in this section, the following terms shall have the
meanings indicated:
A person over the age of 18 years not previously occupying
a dwelling unit.
Any building or structure, or part thereof, used for human
habitation, use, or occupancy and includes any accessory buildings
and appurtenances belonging thereto or usually enjoyed therewith.
In accordance with Senate No. 1368, business owners and rental
unit owners to maintain certain liability insurance policies. The
owner of a multifamily home of four or fewer units, one of which is
owner occupied, shall annually register the certificate insurance
demonstrating compliance with Section 1 of S1368.
A building or structure or part thereof containing one or
more dwelling units which are to be leased or rented to a person other
than the owner or provided to any occupant as compensation for services
rendered to the landlord or any third party. A dwelling shall not
include a state-licensed group home operated by a nonprofit corporation
or public entity.
Any room or group of rooms or any part thereof located within
a building containing habitable space and forming a single housekeeping
unit with facilities which are used or designed to be used for living,
sleeping, cooking, and eating for a single family or the functional
equivalent thereof. The provisions of N.J.S.A. 40:49-5.1 and N.J.A.C.
5:28-1.11 are hereby adopted as the standard governing supplied utilities,
facilities and other physical things and conditions to make buildings
and dwellings, both residential and nonresidential, safe, sanitary
and fit for human habitation, occupancy or use.
For all dwellings in the City of Lambertville the following
standards are adopted by reference.
The space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or
utility space in similar areas are not considered habitable space.
The owner or owners of the freehold of the premises or lessor
estate therein, a mortgagee or vendee in possession, assignee of rents,
receiver, executor, trustee, lessee or other person, or their duly
authorized agents, firm or corporation in control of a building, dwelling,
apartment house or habitable space of premises.
Any person, including minors, who reside or intends to reside
in a dwelling unit.
The person authorized by this section to issue permits and
conduct inspections and shall include the Construction Official, the
Police Director or his designee and the Zoning Officer of the City
of Lambertville.
Any person, including minors, who reside in a dwelling unit
on a continuous basis for more than 30 days.
A dwelling unit where the previous tenants have vacated, or where more adult tenants than permitted by the annual landlord registration in accordance with Chapter 11 of the City Code, seek to occupy the dwelling unit.
The person authorized by this section to issue notice of
violations or summons to enforce compliance with this section and
to investigate and/or inspect complaints and possible unsafe conditions
and includes the, Zoning Official, Fire Official, Construction Official,
and any police officer of the City of Lambertville.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
Within 90 days of the effective date of this section, adopted October 18, 2010, every landlord in the City of Lambertville shall make application for, and file with the office of the Municipal Clerk an annual landlord registration in accordance with Chapter 11 of the City Code, for every building containing one or more dwelling units occupied by one or more tenants. Thereafter the annual landlord registration in accordance with Chapter 11 of the City Code, shall be renewed annually each March 1. All annual landlord registration, in accordance with Chapter 11 of the City Code, received after April 1 of each year shall be considered late and are subject to applicable late fees.
[Ord. No. 2010-23; Ord. No. 04-2014; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
a.
Application, Information Required. An application form for an annual
landlord registration shall be available from the office of the Municipal
Clerk and shall not be deemed complete unless the applicant provides
the following for each building containing one or more dwelling units
rented to one or more tenants owned by the landlord in the City:
1.
Name, address and phone number of the landlord.
2.
Address of building ("building") and dwelling unit number or other
identifying information for the dwelling unit.
3.
Number of dwelling units in the building.
4.
For each dwelling unit in the building:
(a)
Identify the unit number or other identifying information.
(b)
Set forth the gross floor area in square feet of each room occupied
for sleeping purposes.
(c)
Set forth the total gross floor area in square feet of habitable
rooms.
(d)
Total number of tenants permitted in the dwelling unit.
(e)
Total number of occupants who are to reside in the dwelling
unit.
(f)
The date tenancy commenced or will commence.
5.
Proof of current payment of property taxes, assessments against property,
sewer charges, or other municipal charges, or assessments pursuant
to N.J.S.A. 40:52-1.2.
6.
Payment of registration fees.
7.
A certification from the landlord that the dwelling unit to be rented
complies with this section.
8.
A certification from the landlord that he/she will not authorize
more than the maximum permitted tenants to occupy the dwelling unit.
9.
In the event of a change in landlord of the dwelling unit, a new annual landlord registration in accordance with Chapter 11 of the City Code, shall be filed with the City Clerk.
10.
Proof of approval to operate as a multidwelling such as Board of
Adjustment approval or proof of operation prior to the adoption of
the 1971 Zoning Ordinances.
11.
In the event of a change in tenants, a new annual landlord registration in accordance with Chapter 11 of the City Code, must be completed within 10 days of the occurrence.
12.
SDCMFX inspection which requires smoke detector and carbon monoxide
fire extinguisher certification.
13.
Submission of a current lead hazard evaluation by a DCA-certified
lead hazard evaluation contractor of the landlord's choosing.
Certification shall be in compliance with the current Lead Hazard
Law P.L. 2021, c.182, and shall state there is no lead hazard in the
premise at the time of the evaluation. A lead-safe certificate shall
be issued by the City upon receipt of clean certification from the
lead hazard evaluation contractor. The fee for the certificate shall
be $100 and shall be valid for a maximum of two years. All residential
rental units shall obtain a lead-safe certificate from the City on
or before July 1, 2024, in compliance with State Law.
(a)
This requirement applies to all single-family, two-family, and
multifamily rental properties that were built before 1978. Multifamily
units that are inspected through the state are exempt from the local
requirement. Residences that have been certified lead-free, not just
lead-safe, are also exempt.
(b)
Continuing inspections shall be completed and results submitted
to the City prior to any change in tenant or every three years, whichever
is sooner unless there is a current valid lead-safe certificate for
the property.
b.
Renewals with no changes; affidavit. Landlords who have experienced
no changes to the application filed the previous year, may certify
the information (items a.1 through 12) is correct and has not changed
by completing an affidavit of the full application.[1]
[1]
Editor's Note: The landlord registration application
and the affidavit of no change for landlord registration can be found
at the City offices.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
No landlord shall permit a tenant to occupy, let or sublet to
a tenant, nor shall any person or persons lease or occupy any vacant
dwelling unit, without receiving a landlord registration certificate
which certifies that the dwelling unit complies with the provisions
of the most current revision of the Zoning Ordinance, this section
and any other applicable laws and regulations.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
a.
Every landlord shall have the obligation to monitor any increase in the number of tenants in each dwelling unit and prevent any increase in tenants that exceeds the number of tenants permitted in the landlord registration certificate. In addition, the landlord shall have the obligation to alert the Rental Housing Officer within 10 days of increase in the number of tenants in a dwelling unit above that permitted in the approved annual landlord registration in accordance with Chapter 11 of the City Code.
b.
Every tenant shall have the obligation to notify the landlord of
any increase in the number of tenants within 10 days of the arrival
of a new tenant.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
The maximum number of persons which may inhabit a dwelling unit shall be computed as follows and certified in the annual landlord registration in accordance with Chapter 11 of the City Code:
a.
Every room occupied for sleeping purposes by one occupant shall contain
at least 70 square feet of floor area, and every room occupied for
sleeping purposes by more than one person shall contain at least 50
square feet of floor area for each occupant thereof.
b.
Dwelling units shall not be occupied by more occupants than permitted
by the minimum occupancy area requirements.
[Ord. No. 2010-23; amended 12-15-2022 by Ord. No.
35-2022]
a.
Light and Ventilation. Every room containing habitable space must
have at least one window capable of being opened or other opening
directly upon a street, yard, court or other open space. The total
area of such opening shall be not less than 12% of the floor area
of such room and in no case less than 12 square feet.
b.
Bathroom and Kitchen. Each dwelling unit shall contain a full bathroom
(including a water closet, lavatory and either a bathtub or shower)
and a kitchen meaning an area for the preparation of food (including
a stove and sink).
c.
Maximum Deck, Balcony or Porch Space. The maximum allowable number
of people on any deck, balcony or porch shall be one person per nine
square feet in accordance with the maximum standing room space allowed
as per the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1.1
et seq.
d.
Structures that preexisted the adoption of the 1971 Zoning Ordinance
may continue to be used as a dwelling unit notwithstanding they do
not meet the requirements of this section, provided their continued
use is permitted by and the Uniform Fire Safety Code, N.J.S.A. 52:27D-192
et seq., and New Jersey Uniform Fire Safety Code, N.J.A.C. 5:70-1.1
et seq. (jointly referred to as "Uniform Fire Safety Code"). The landlord
shall submit a written request with the application for the rental
certificate of occupancy for such continued use along with a written
explanation as to how compliance with the Uniform Fire Safety Code
creates practical difficulties.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
a.
It shall be unlawful and in violation of this section for a landlord, owner or a tenant of a dwelling unit to allow a greater number of people than the permitted maximum number of tenants listed in the annual landlord registration in accordance with Chapter 11 of the City Code, to rent or occupy any dwelling unit.
b.
It shall also be unlawful and in violation of this section for a
tenant, landlord or an owner to allow a number of people greater than
the maximum number of people permitted to occupy the deck, balcony
or porch of said dwelling unit to occupy the deck, balcony or porch
of said dwelling unit.
c.
The following officials are authorized to issue summons for violations
of this section to any owner, landlord or tenant found to be in violation
of this section: Zoning Official, Fire Official, Construction Official,
and any police officer of the City of Lambertville.
d.
Inspections. The Fire Official and the Construction Official may make inspections to determine the condition of dwellings containing a dwelling unit to be rented to a tenant prior to the issuance of an approved annual landlord registration in accordance with Chapter 11 of the City Code. For the purpose of making inspections, they are authorized to enter and examine any dwelling, dwelling unit, rooming unit or premises at such reasonable hours as the circumstances of the case permit with the permission of an occupant, tenant, owner or landlord. In the event entry is denied, then, upon advice of the Municipal Attorney, recourse to a court of competent jurisdiction shall be pursued.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
It shall be unlawful and in violation of this section for a
landlord or owner of a dwelling unit or tenant of a dwelling unit
or apartment:
a.
To permit or allow people to reside in a dwelling unit in a number
in excess of the number of people for which sleeping accommodations
are provided in accordance with this section.
b.
To lease or rent a dwelling unit where the number of tenants exceeds the total number of sleeping accommodations as set forth in Subsection 10-7.6.
c.
To knowingly permit a number of people, greater than the maximum
number of occupants or tenants permitted, to occupy a dwelling unit.
e.
To violate any other provisions of the New Jersey State Housing Code,
N.J.A.C. 5:28-1.1 et seq., and/or the Uniform Fire Safety Code.
f.
To enter into a lease agreement without at least one tenant being
an adult, and requiring all adult tenants to sign the lease.
g.
To violate any subsection of this section.
h.
Filing a false certification.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
It shall be the legal duty of each holder of an annual landlord registration in accordance with Chapter 11 of the City Code, to immediately report any breaches of the peace or violations of this section which he may know or believes to have occurred on the leasehold premises, which report shall be made to the Fire Official, Construction Official or the Police Department of the City of Lambertville by the most expedient means.
[Ord. No. 2010-23; amended 12-15-2022 by Ord. No.
35-2022]
Any person who is found to have submitted false information,
documentation or identification in connection with an application
for a landlord's registration statement shall pay a minimum fine
of $250, plus court costs for the first offense, second offense a
minimum of $1,225 and third offense or more $2,000 for each document
containing false information, documentation or identification. Any
person who submits a false certification or documentation shall be
subject to criminal prosecution, in addition to the penalties contained
herein. In addition to the foregoing, a certificate of occupancy that
is issued on the basis of information or documentation that is knowingly
false or fraudulent when made, shall be subject to revocation pursuant
to and in accordance with the provisions herein.
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
[Ord. No. 2010-23; amended 12-19-2019 by Ord. No. 28-2019; 12-15-2022 by Ord. No. 35-2022]
Any tenant renting premises in the City of Lambertville who occupies the premises prior to obtaining an approved annual landlord registration, in accordance with Chapter 11 of the City Code, shall be subject to immediate removal from the premises. Any costs associated with the removal and subsequent relocation of tenants that are incurred by the City of Lambertville shall be the responsibility of the landlord and/or tenant.
[Amended 12-15-2022 by Ord. No. 35-2022]
[Ord. No. 2010-23; amended 12-15-2022 by Ord. No.
35-2022]
a.
In addition to the penalties as set forth in Subsection 10-7.11, any owner, agent, landlord, tenant and any person or corporation who shall violate any provision of this section or fail to comply therewith or with any of the requirements thereof, shall be liable for one or more of the following: imprisonment in the county jail for any term not exceeding 90 days; by a period of community service not exceeding 90 days; a fine not less than $100 nor more than $2,000. Each and every day such violation continues shall be deemed a separate and distinct violation. Each violation of this chapter shall be a separate and distinct violation. The imposition of a fine in amount greater than $1,250 upon an owner for violation of this section shall provide for thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded the opportunity for a hearing in the Municipal Court for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 (up to a maximum of $2,000 may be imposed if the Court has not determined otherwise, or, upon reinspection of the property it is determined that the abatement has not been substantially completed. (N.J.S.A. 40:49-5)
b.
Refusal of Entry. Anyone who knowingly refuses entry or access to
any lawfully authorized Zoning Officer and/or Fire Official of the
City of Lambertville for the purpose of inspection pursuant to this
section or who unreasonably interferes with such inspection shall
be subject to a fine of not more than $250 for each offense.
If any paragraph, subsection, sentence, clause, phrase or portion
of this section is for any reason held invalid or unconstitutional
by any court or administrative agency of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining paragraphs
or sections hereof.
[Ord. No. 22-2015]
Disclosure of a property's potential flood hazard to prospective
buyers must be made by the owner, his/her representative or real estate
agent. Notification to the prospective buyer or tenant includes a
clear statement in writing informing him/her if the building or structure
is all or in part mapped within the Special Flood Hazard Area (1%
annual chance flood) on the effective FEMA Flood Insurance Rate Map
and if the prospective buyer would have a potential obligation to
purchase flood insurance (structure and/or contents) to satisfy a
Federally backed mortgage. The words "Flood insurance is required
for a Federally backed mortgage" must be used on the disclosure if
the building or structure is all or in part of the Special Flood Hazard
Area. The disclosure must be a separate document from the seller's
disclosure and is distinct from whether the seller experienced a flood
while in ownership of the building or structure; for potential renters,
the disclosure shall note if the landlord has experienced flooding
during his/her ownership. The notice should state that additional
information is available from the City of Lambertville's Construction
Office.
