[Amended 9-29-2020 by Ord. No. 2020-1485]
Whenever the enforcing agency shall deny an
application for a construction permit, fail to act upon an application
for a construction permit, fail to act upon an application for a certificate
of occupancy, refuse to grant a variation pursuant to the New Jersey
Uniform Construction Code Act or make any other decision pursuant
or related to the Act or the regulations,[1] including the assessment of any monetary penalties, an
owner or his authorized agent may appeal to the Construction Board
of Appeals as established in the County of Bergen.
[1]
Editor's Note: "The regulations" refers to
the regulations established by the Commissioner of the Department
of Community Affairs.
The application for appeal shall be taken within
30 business days of the receipt of written notice of the denial or
other decision of the enforcing agency. Where no notice of denial
has been forthcoming, an appeal may be taken within 20 business days
after the expiration of 20 business days from the time of filing of
a completed application for a construction permit.
The application for appeal shall be in writing,
filed with the Board, briefly setting forth the appellant's position.
Such application shall state the name and address of the appellant,
the address of the building or site in question and the permit number
and shall reference the specific sections of the regulations in question
and the extent and nature of the appellant's reliance on them. The
appellant may append to his written application any data or information
that he may deem appropriate to his cause.
The enforcing agency shall make available to
the Board the full record of the application below, which record shall
include a detailed explanation of the reasons for the denial of the
appellant's request.
The application shall be accompanied by a fee
in the sum of $50. An application shall not be considered complete
unless accompanied by the appeal fee. In the case of an appeal based
on the failure of the enforcing agency to act within any time frame
specified, the fee shall be waived.
The time for appeal may be extended prior to
a meeting upon application to the Secretary of the Board or may be
extended at any regular or special meeting of the Board by the affirmative
vote of a majority of the Board present.
