[Ord. 2/8/77, § 1]
a.
There is hereby established in the Borough of South Bound Brook a
State Uniform Construction Code enforcing agency to be known as the
South Bound Brook Uniform Construction Code Enforcing 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 subcodes as the
Commissioner of the Department of Community Affairs, State of New
Jersey, shall hereafter adopt as part of the State Uniform Construction
Code. The Construction Official shall be the chief administrator of
the enforcing agency.
b.
Each official position created in Subsection 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.
c.
The public shall have the right to do business with the enforcing
agency at one office location except for emergencies, and unforeseen
or unavoidable circumstances.
[Ord. 2/8/77, § 2a; Ord. 9/13/77, § 1; Ord. #97-2; Ord. No. 2000-04; Ord.
No. 2002-04; Ord. No. 2004-01; Ord. No. 2007-01; amended 3-13-2018 by Ord. No. 2018-002]
a.
The fee for construction permits shall be the sum of the subcode
fees listed hereof and shall paid before the permit is issued.
2.
Plumbing Fee Schedule.
(a)
Water closet: $20.
(b)
Urinal/bidet: $20.
(c)
Bath tub: $20.
(d)
Lavatory: $20.
(e)
Shower: $20.
(f)
Floor drain: $20.
(g)
Sink: $20.
(h)
Dishwater: $20.
(i)
Drinking fountain: $20.
(j)
Washing machine: $20.
(k)
Hose bibb: $20.
(l)
Stacks: $75.
(m)
Water heater: $20.
(n)
Fuel oil/piping: $20.
(o)
Gas piping: $20.
(p)
Steam Boiler: $75.
(q)
Hot water boiler: $75.
(r)
Sewer pump: $75.
(s)
Intercaptor/separator: $75.
(t)
Backflow Preventer: $75.
(u)
Grease trap: $75.
(v)
Sewer connection: $100.
(w)
Water service connect: $100.
(x)
Minimum fee: $75.
3.
5.
Permit Fee Schedule.
(a)
For Use Groups A-1, A-2, A-3, A-4, F-1, F-2, S-1, S-2:
(1)
New building: $0.0540 cubic foot.
(2)
Addition: $0.0540 cubic foot.
(4)
Roofing R3/R5: $150 Flat.
(5)
Siding R3/R5: $150 Flat.
(6)
Sign: $3/square foot.
(7)
Pool, in-ground: $500 Flat.
(8)
Asbestos abatement: $500 Flat.
(9)
Lead hazard: $500 Flat.
(10)
Demolition: $550 Flat.
(11)
R3, < 50,000 square feet, 0.30 foot: $250.
(12)
CO: $250 Flat.
(13)
CCO: $150 Flat.
(14)
CCL: $46 Flat.
(15)
Use group change: $100 Flat.
(16)
Plan review credit: 20%.
(17)
Minimum fee: $75.
(b)
For use groups A-5, B, E, H-1, H-2, H-3, H-4, H-5, I-1, I-2,
I-3, I-4, R-1, R-2, R-3, R-4, R-5, U:
(1)
New building: $0.0660/cubic foot.
(2)
Addition: $0.0660/cubic foot.
(4)
Roofing R3/R5: $75 Flat.
(5)
Siding R3/R5: $75 Flat.
(6)
Sign: $3 Square Feet.
(7)
Pool, Aboveground: $100 Flat.
(8)
Pool, in-ground: $175 Flat.
(9)
Asbestos Abatement: $250 Flat.
(10)
Demolition: $550 Flat.
(11)
R3, < 50,000 square feet, 0.30 foot: $250 Flat.
(12)
CO: $250 Flat.
(13)
CCL: $46 Flat.
(14)
Use group change: $250 Flat.
(15)
Plan review credit: 20%.
(16)
Minimum fee: $75.
6.
[Ord. 2/8/77, § 2b]
The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Borough Council 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.
[Ord. 2/8/77, § 2c;
Ord. #97-2]
a.
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 of $0.0016 per cubic foot
of volume of new construction and $0.80 per $1,000.00 cost of renovation
work, including all disciplines. The 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, 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 Inspections, 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,
the report shall be for the third and fourth quarters only.
[Ord. 8/7/46, § 1]
The existence and occupation of dwellings in the Borough of
South Bound Brook which are unfit for human habitation are inimical
to the welfare and dangerous to the health and safety of the residents
of the Borough, and that a public necessity exists for the repair,
closing or demolition of such dwellings.
[Ord. 8/7/46, § 2]
Whenever the proper officials of the Borough designated herein
find that there exists in the Borough a dwelling which is unfit for
human habitation due to dilapidation, defects, increasing hazards
of fire, accident, or other calamities, lack of ventilation, light
or sanitary facilities, or due to other conditions rendering such
dwelling unsafe or unsanitary, or dangerous or detrimental to the
health or safety or otherwise inimical to the welfare of the residents
of the Borough, the officials designated shall exercise the power
vested under this section and under the Law of the State of New Jersey,
to repair, close or demolish said dwelling in the manner set forth
in this section.
[Ord. 8/7/46, § 2]
As used in this section:
Shall mean any building, or structure, or part thereof, used
and occupied for human habitation or intended to be so used, and includes
any outhouses, and appurtenances belonging thereto usually enjoyed
therewith.
Shall mean the Mayor and Council of the Borough.
Shall mean the holder of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a dwelling and any who are in possession
thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the Borough relating to health,
fire, building regulations or to other activities concerning dwellings
in the Borough.
Shall mean the officer or officers who are authorized by
this section to exercise the powers prescribed by this section.
[Ord. 8/7/46, § 4]
The Mayor of the Borough is hereby designated and appointed
to exercise the powers set forth in this section. The Mayor and Borough
Council may, by resolution, designate any other person to act in the
place of the Mayor.
[Ord. 8/7/46, § 5]
Whenever a petition is filed with the Public Office by a Public
Authority, or by at least five residents of the Borough charging that
any dwelling is unfit for human habitation, or whenever it appears
to the Public Officer (on his own motion) that any dwelling is unfit
for human habitation the Public Officer shall, if such preliminary
investigation discloses a basis for such charges, issue and cause
to be served upon the owner of and parties in interest in such dwelling,
a complaint stating the charges in that respect and containing a notice
that a hearing will be held before the Public Officer at a place therein
fixed not less than 10 days, nor more than 30 days after the serving
of the complaint. The owner and parties in interest shall be given
the right to file an answer to the complaint and to appear in person,
or otherwise, and give testimony at the place and time fixed in the
complaint. The rules of evidence prevailing in courts of law or equity
shall not be controlling in hearings before the Public Officer.
[Ord. 8/7/46, § 6]
If, after such notice and hearing, the Public Officer determines
that the dwelling under consideration is unfit for human habitation,
he shall state in writing his findings of fact in support of such
determination and shall issue and cause to be served upon the owner
thereof and parties in interest an order as follows:
a.
If the repair, alteration or improvement of the dwelling can be made
at a reasonable cost in relation to the value of the dwelling, which
said reasonable cost is hereby fixed at not exceeding 50% of the assessed
value of the dwelling, the order of the Public Officer shall require
the owner to repair, alter or improve the dwelling within 90 days
to render the dwelling fit for human habitation, or, at the option
of the owner, to vacate and close the dwelling as a human habitation
within the 90 days; or
b.
If the repair, alteration or improvement of the dwelling cannot be
made at a reasonable cost in relation to the value of the dwelling
as hereinbefore specified, such order of such public officer shall
require the owner to remove or demolish such dwelling, or other structure
within 60 days of the date of such order.
[Ord. 8/7/46, § 7]
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
dwelling, the Public Officer may cause the dwelling to be repaired,
altered or improved, or to be vacated and closed subject to the approval
of the Borough Council, and the Public Officer may cause to be posted
on the main entrance of any dwelling so closed, a placard with the
following words: "This building is unfit for human habitation; the
use or occupancy of this building for human habitation is prohibited
and unlawful."
[Ord. 8/7/46, § 8]
If the owner fails to comply with an order to remove or demolish
the dwelling, the Public Officer may cause such dwelling to be removed
or demolished, subject to the approval of the Borough Council.
[Ord. 8/7/46, § 9]
The amount of the cost of repairs, alterations or improvements,
or vacating and closing, or removal or demolition of such dwelling
shall be a municipal lien against the real property upon which such
cost was incurred. If the dwelling is removed or demolished by the
Public Officer, he shall sell the materials of such dwelling and shall
credit the proceeds of such sale against the cost of the removal or
demolition and any balance remaining shall be deposited in the Court
of Chancery by the Public Officer, shall be secured in such manner
as may be directed by such court, and shall be reimbursed by such
court to the person found to be entitled thereto by final code or
decree of such court; provided, however, that nothing in this section
shall be construed to impair or limit in any way the power of the
Borough of South Bound Brook or the Board of Health to define and
declare nuisances and to cause their removal or abatement, by summary
proceedings or otherwise.
[Ord. 8/7/46, § 10]
The Public Officer may determine that a dwelling is unfit for
human habitation if he finds that conditions exist in such dwelling
which are dangerous or injurious to the health or safety of the occupants
of such dwelling, the occupants of neighboring dwellings or other
residents of the Borough; such conditions may include the following:(without
limiting the generality of the foregoing) defects therein increasing
the hazards of fire, accidents or other calamities; lack of adequate
ventilation, light or sanitary facilities; dilapidation; disrepair,
structural defects or uncleanliness.
[Ord. 8/7/46, § 11]
Complaints or orders issued by a Public Officer 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 by the Public Officer in the exercise
of reasonable diligence, and the Public Officer shall make an affidavit
to that effect, then the serving of the complaint or order upon such
persons may be made by publishing the same once a week for two successive
weeks in a newspaper printed and published in the Borough or, in the
absence of such newspaper, in one printed and published in the County
of Somerset and circulating in the Borough of South Bound Brook. 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 in Clerk's Office of the County
of Somerset.
[Ord. 8/7/46, § 12]
Any person affected by an order issued by the Public Officer
shall be entitled to the remittance and procedure prescribed by an
act entitled "An Act authorizing municipalities to adopt Ordinance
relating to the repair, closing and demolition of dwellings unfit
for human habitation; and providing for the remedies and procedure
in connection with action taken under such Ordinance," being known
as N.J.S.A. 40:48-2.3 et seq.
[Ord. 8/7/46, § 13]
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 dwelling conditions in the Borough of South Bound
Brook in order to determine which dwellings within the said Borough
of South Bound Brook are unfit for human habitation;
b.
To administer oaths and 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.
[Ord. 8/7/46, § 14]
The Mayor and Council of the Borough shall prepare an estimate
of the annual expenses or costs to provide the equipment, personnel
and supplies necessary for periodic examinations and investigations
of the dwellings in the Borough for the purpose of determining the
unfitness of such dwellings for human habitation and for the enforcement
and administration of this section. They may make such appropriations
from its revenues as deemed necessary for this purpose and may accept
and apply grants and donations to assist it in carrying out the provisions
of this section.
[Ord. #8-90, preamble]
Properties have been sold in the Borough of South Bound Brook
wherein the sellers have represented that the properties may be used
for certain uses, which representation may be in error.
Certain properties in the Borough have been illegally converted
from one family dwellings to two family dwellings and have been sold
as two family dwellings notwithstanding the fact that the property
was never legally converted to a two family dwelling and notwithstanding
the fact that the property is located in a zone which prohibits two
family dwellings.
Properties have also been sold in the Borough whereby the sellers
have represented that the property may be used for commercial and/or
industrial purposes, when such uses are not in fact permitted in the
zones in which the properties are located.
In order to protect persons who are buying property in the Borough
and in order to prevent the continued illegal use of properties within
the Borough, the Mayor and Council are of the opinion that an ordinance
should be adopted which would require the seller of property in the
Borough to obtain a certificate of legal use from the Borough's
Construction Official.
[Ord. #9-80, § 1]
Each time there is a transfer of ownership of property within
the Borough, a seller of such property shall obtain from the Construction
Official a Certificate of Legal Use certifying that the property may
be continued to be used as it is currently being used and certifying
that the use of the property is a permitted use in the zone or by
virtue of the fact that the use is a nonconforming use in the zone
which was established prior to the adoption of an ordinance which
prohibited the use in the zone, or by virtue of the fact that the
use is permitted by the prior receipt of a variance.
[Ord. #9-80, §§ 1, 2]
The fee for a Certificate of Legal Use shall be $20 in the event
only one inspection of the premises is required of the Construction
Official, but in the event the Construction Official is required to
make more than one inspection of the premises before issuing a Certificate
of Legal Use, there shall be an additional charge of $5 for each inspection
of the premises made by the Construction Official after the initial
inspection.
[Ord. #9-80, § 3]
Before a Certificate of Legal Use shall be issued, the Construction
Official shall make an inspection of the premises to determine whether
the certificate may or may not be issued.
[Ord. #9-80, § 4]
Applications for a Certificate of Legal Use shall be submitted
to the Construction Official and once the application has been received
by the Construction Official, the certificate indicating whether the
permitted use may or may not be continued shall be issued within six
business days of the receipt of the application.
[Ord. #9-80, § 5]
In the event a seller of property in the Borough fails to obtain
a Certificate of Legal Use, the seller shall be subject to a fine
of not less than $500 nor more than $1,000. In addition to the foregoing,
the Borough of South Bound Brook may institute and maintain a civil
action:
[Ord. No. 3-96]
No person shall cause or allow the connection of any sump pump
or French drain to the sewerage system. The Code Enforcement Official
is hereby empowered to inspect said connections and issue a summons
if this condition is not abated within 90 days.
[Ord. No. 2000-10]
a.
No person, firm, partnership or corporation shall sell, rent, lease,
suffer or allow any person or persons, firms, partnerships or corporations
to live in or inhabit as a tenant or lessee any house, apartment or
other structure, including a mobile home and modular unit, less said
person, firm, partnership or corporation shall first obtain from the
Borough of South Bound Brook an occupancy permit or continued certificate
of occupancy in accordance with this section.
b.
No person, group of persons, associations, partnerships or corporations,
or any combination thereof, who own, manage, conduct or operate a
dwelling unit shall sell, rent, lease, sublet or permit the same to
be occupied or rented. Nor shall any person, group of persons, associations,
partnerships or corporations, or any combination thereof, purchasing
or acquiring in any manner occupancy or dwelling units permit same
to be occupied without first securing from the Construction Official
as head of the Code Enforcement Agency, or his designated representative
of the Borough of South Bound Brook, a certificate of occupancy or
a continued certificate of occupancy for said dwelling unit.
[Ord. No. 2000-10]
No certificate of occupancy or continued certificate of occupancy
shall be issued for a dwelling unit unless the condition of the same
complies with all of the statutes of the State of New Jersey, the
rules and regulations issued thereunder, the ordinances of the Borough
of South Bound Brook now in existence or hereinafter enacted pertaining
to building, plumbing, electrical, zoning, health, safety, fire and
minimum housing standards, including but not limited to BOCA Basic/National
Building Code, BOCA Basic/National Mechanical Code, BOCA Basic/National
Fire Prevention Code, BOCA Basic/National Energy Conservation Code,
CABO One and Two Family Dwelling Code, Barrier Free Code, regulations
providing for accessibility to and usability by the physically handicapped,
the Code of the Building Officials and Code Administrators International,
Inc., the National Electrical. Code and the. National Standard Plumbing
Code, and any other codes, rules and regulations established by the
State of New Jersey and the Borough of South Bound Brook.
[Ord. No. 2000-10]
In the event that there is a conflict in the provisions of the
codes of the Borough of South Bound Brook and the codes, rules and
regulations of the State of New Jersey, the higher standards for the
promotion and protection of the health, safety and welfare of the
inhabitants of the Borough shall prevail.
[Ord. No. 2000-10]
The Construction Official, as Code Enforcement Officer, his
assistants and deputies of the Borough of South Bound Brook shall
be the persons who have the duty to enforce this section.
[Ord. No. 2000-10]
The Construction Official, as Code Enforcement Officer, his
deputies and assistants shall have such powers as may be necessary
to carry out the intent and purpose of this section, including but
not limited to the following enumerated powers:
a.
To investigate the dwelling conditions of the Borough of South Bound
Brook, in order to determine which house, apartments or structures,
including mobile homes and modular units, are unfit for human habitation.
b.
To enter into the lands and premises at reasonable times for the
purpose of making housing inspections incidental to his duties.
c.
To delegate any of his functions and powers as the Code Enforcement
Officer to persons designated by the Borough Council of the Borough
of South Bound Brook who are licensed to administer the Uniform Construction
Code.
d.
Upon written application of a property owner, the Code Enforcement
Officer, his assistants or deputies shall make an inspection of said
house, apartment or other structure for which there has been an application
for an occupancy permit or continued certificate of occupancy, within
five working days from the receipt of such applications and the payment
of the proper fee.
e.
The Construction Official, as Code Enforcement Officer, his assistants
or deputies shall make a report promptly after such inspection and
advise the applicant of any violations of the codes, statutes and
ordinances governing said premises in the Borough of South Bound Brook.
[Ord. No. 2000-10]
Violations of the foregoing statutes, codes ordinances, rules
and regulations, or noncompliance therewith, shall be grounds for
denial of an occupancy permit or a continued certificate of occupancy.
[Ord. No. 2000-10]
The provisions of this section shall not apply to hotels or
motels which are generally occupied by tenants or guests for less
than 30 successive days or those units regulated by the Department
of Community Affairs of the State of New Jersey.
[Ord. No. 2000-10]
Any individual, person, group of persons, associations, partnerships
or corporations, or any combination thereof, violating any of the
terms of this section shall, upon conviction thereof, be subject to
a fine not less than $500 nor more than $1,000 or imprisonment for
a term not in excess of 90 days, or both.
In addition to the foregoing, the Borough of South Bound Brook
may institute and maintain a civil action:
[Ord. No. 2000-10]
The Construction Code Official shall collect a fee of $50 from
each applicant requesting an occupancy permit.[1]
[Ord. No. 2000-10]
Where there is more than one apartment or dwelling unit in a
given building or dwelling unit, a separate registration and occupancy
permit must be obtained for each said apartment or dwelling unit.
[Ord. No. 2000-10]
Appeal from any refusal to grant an occupancy permit shall be
to the Borough Council at its next regularly scheduled meeting and
the Borough Council shall uphold or reverse such refusal by a majority
vote, with the Mayor voting in case of a tie.
[Ord. No. 2000-11 § 1]
Unless the context clearly indicates a different meaning, the
following words or phrases when used in this section shall have the
following meaning:
Shall mean the individual or individuals designated by the
owner as the person(s) authorized by the owner to perform any duty
imposed upon the owner by this section. The term does not necessarily
mean a licensed real estate broker or salesman of the State of New
Jersey as those terms are defined by N.J.S.A. 45:15-3; however, such
term may include a licensed real estate broker or salesman of the
State of New Jersey if such person designated by the owner as his
agent is so licensed.
Shall mean two or more buildings, each containing two or
more apartments which are located within close proximity of each other
and are owned by the same owner.
Shall mean any apartment, cottage, bungalow, any room or
rooms in a rooming/boarding house or other dwelling unit consisting
of one or more rooms occupying all of part of a floor or floors in
a building, whether designed with or without housekeeping facilities
for dwelling purposes and notwithstanding whether the apartment be
designed for residence, for office, or the operation of any industry
or business, or for any other type of independent use.
Shall mean the license issued by the Borough Clerk or designee
attesting that the rental unit has been properly registered in accordance
with this section.
Shall mean the person to whom the license is issued pursuant
to this section. The term licensee includes within its definition
the term agent where applicable.
Shall mean any person or group of persons, firm, corporation,
or officer thereof, partnership association, or trust, who owns, operates,
exercises control over or is in charge of a rental facility.
Shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity, or any combination thereof.
Shall mean every building, group of buildings or a portion
thereof which is kept, used, maintained, advertised or held out to
be a place where living accommodations are supplied, whether furnished
or unfurnished, for pay or other consideration, to one or more individuals
and is meant to include apartments and apartment complexes.
Shall mean a dwelling unit which is available for lease or
rental purposes and is meant to include individual apartments located
within apartment complexes.
[Ord. No. 2000-11 § 2]
All rental units shall hereafter be registered with the Borough
Clerk or designee of the Borough of South Bound Brook or such other
person as designated by the Borough Council on forms which shall be
provided for that purpose and which shall be obtained from the Borough
Clerk or designee. Such registration shall occur on an annual basis
as provided herein.
[Ord. No. 2000-11 § 3]
Each rental unit shall be registered with each change in occupancy.
The license term shall commence on. October 1st and shall be valid
until September 31st of the following calendar year, at which time
it shall expire and .a new registration shall be required. The initial
registration shall occur within 45 days following the adoption of
this section. Any lease which has been executed prior to the adoption
of this section shall not be effected but the rental unit must nevertheless
be registered, inspected and licensed in accordance with this section.
No rental unit shall hereafter be rented unless the rental unit is
registered and licensed in accordance with this section.
[Ord. No. 2000-11 § 4]
Without in any way intending to infringe upon the requirements
of N.J.S.A. 46:8-28, all rental units shall be registered and licensed
as provided herein. Every owner shall file with the Borough Clerk
or designee of the Borough of South Bound Brook or such other person
as designated by the Borough Council a registration form for each
unit contained within a building or structure which shall include
the following information:
a.
The name and address of the record owner or owners of the premises
and the record owner or owners of the rental business if not the same
persons. In the case of a partnership the names and address of all
general partners shall be provided together with the telephone numbers
for each of such individuals indicating where such individual may
be reached both during the day and evening hours. If the record owner
is a corporation, the name and address of the registered agent and
corporate officers of said corporation together with the telephone
numbers for each of such individuals indicating where such individual
may be reached both during the day and evening hours.
b.
If the address of any record owner is not located in South Bound
Brook or in Somerset County, the name and address of a person who
resides in Somerset County and who is authorized to accept notices
from a tenant and to issue receipts therefor and to accept service
of process on behalf of the record owner;
c.
The name and address of the agent of the premises, if any;
d.
The name and address, including the dwelling unit number of the superintendent,
janitor, custodian or other individual employed by the owner or agent
to provide regular maintenance service, if any;
e.
The name, address and telephone number of an individual representative
of the owner or agent who may be reached or contacted at any time
in the event of an emergency affecting the premises or any unit of
dwelling space therein, including such emergencies as the future of
any essential service or system, and who has the, authority to make
emergency decisions concerning the building and any repair thereto
or expenditure in connection therewith;
f.
The name and address of every holder of a recorded mortgage on the
premises;
g.
If fuel oil is used to heat the building and the landlord furnishes
the heat in the building, the name and address of the fuel oil dealer
servicing the building and the grade of fuel oil used;
h.
As to each rental unit, a specification of the exact number of sleeping
rooms contained in the rental unit. In order to satisfy the requirement
of this provision, an owner shall submit a floor plan which shall
become part of the application and which shall be attached to the
registration form when filed by the Borough Clerk of designee;
i.
Such other information as may be prescribed by the Borough.
[Ord. No. 2000-11 § 5]
The Borough Clerk or designee shall index and file the registration
forms. In doing so, the Borough Clerk or designee shall follow the
mandates of N.J.S.A. 46:8-28.1 as amended and supplemented so that
the filing of the registration form will simultaneously satisfy the
registration requirements of N.J.S.A. 46:8-28 to the extent that it
applies to the property being registered and will also satisfy the
registration requirements of this section.
[Ord. No. 2000-11 § 6]
Every person required to file a registration form pursuant to
this section, shall file an amended registration form within 20 days
after any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment except where
the ownership of the premises is changed.
[Ord. No. 2000-11 § 7]
a.
Each rental unit shall be inspected at least once every 12 month
period.
b.
Such inspections shall be performed by such person, persons or agency
duly authorized and appointed by the Borough of South Bound Brook
and inspections made by persons or an agency other than the duly authorized
and appointed person, persons or agency of the Borough of South Bound
Brook shall not be used as a valid substitute.
c.
Such inspection shall be for the purpose of determining Zoning Ordinance
compliance, and to the extent applicable, to determine if the property
complies with the Property Maintenance Code, Uniform Construction
Code, BOCA Maintenance Code, Housing Code, and/or Building Code, and/or
Uniform Fire Safety Act.
d.
Unsatisfactory Inspection. In the event that the inspection(s) of a rental unit does not result in a satisfactory inspection, such property shall not thereafter be registered, nor shall a license issue, and the owner of the property, or his agent, shall not lease or rent such property; nor shall any tenant occupy the property until the necessary corrections have been made so as to bring the property and rental unit into compliance with the applicable Code and the property is thereafter subsequently inspected, registered, and licensed. In the event that the property is occupied when such conditions are discovered, all such corrections shall be made within 60 days, and if not made within that time period, the owner shall be deemed in violation of this section and every day that the violation continues shall constitute a separate and distinct violation, subject to the penalty provisions of Subsection 20-7.18.
[Ord. No. 2000-11 § 8]
a.
The inspection officers are hereby authorized to make inspections
to determine the condition of rental facilities, rental units and
rooming/boarding houses in order that they may promote the purposes
of this section to safeguard the health, safety, welfare of the occupants
of rental facilities, rental units and rooming/boarding houses and
of the general public. For the purposes of making such inspections,
the inspecting officers are hereby authorized to enter, examine and
survey rental facilities, rental units and rooming/boarding houses
at all reasonable times. The owner or occupant of every rental facility,
rental unit and rooming/boarding house shall give the inspecting officer
free access to the rental facility, rental unit and rooming/boarding
house at all reasonable times for the purpose of such inspections,
examinations and surveys.
b.
Every occupant shall give the owner of the rental facility, rental
unit and rooming/boarding house access to any part of such rental
facility, rental unit and rooming/boarding house 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 any lawful order issued pursuant thereto.
c.
Complaints. Within 10 days of receipt of a complaint alleging a reported
violation of this section, an inspecting officer shall conduct an
inspection as hereinbefore provided.
[Ord. No. 2000-11 § 9]
No person shall hereafter occupy any rental unit, nor shall
the owner permit occupancy of any rental unit within the Borough of
South Bound Brook which is not registered and licensed in accordance
with this section.
[Ord. No. 2000-11 § 10]
Upon the filing of a completed registration form, and payment
of the prescribed fee, and a satisfactory inspection the owner shall
be entitled to the issuance of a license commencing on the date of
issuance and expiring on the same date of the next calendar year.
A registration form shall be required for each rental unit, and license
shall issue to the owner for each rental unit, even if more than one
rental unit is contained in the property.
[Ord. No. 2000-11 § 11]
At the time of the filing of the registration form, and prior
to the issuance of a license, the owner or agent of the owner must
pay a fee in accordance with the following:
a.
An Annual Registration fee of $30 per year, (per unit);
b.
A Reinspection fee of Fifteen dollars;
c.
If the owner of the property is a Senior Citizen who resides in a
unit of the property and rents out the remaining unit and would otherwise
qualify under the State of New Jersey property tax deduction under
New Jersey statute 54:4-8.41, there shall be no fee;
d.
If any fee is not paid within 30 days of its due date, a late fee
surcharge of $30 will be assessed.
[Ord. No. 2000-11 § 12]
Every owner shall provide each occupant or tenant occupying
a rental unit with a copy of the registration form required by this
section. This particular provision shall not apply to any hotel, motel,
or guest house registered with the State of New Jersey pursuant to
the Hotel and Multiple Dwelling Act as defined in N.J.S.A. 55:13A-3.
This provision may be complied with by posting a copy of the registration
certificate in a conspicuous place within the rental unit(s).
[Ord. No. 2000-11 § 13]
a.
The maximum number of occupants shall be posted in each rental unit. It shall be unlawful for any person, including the owner, agent, tenant or registered tenant to allow a greater number of persons than the posted maximum number of occupants to sleep in or occupy overnight the rental unit for a period exceeding 29 days. Any person violating this provision shall be subject to the penalty provisions of Subsection 20-7.18.
b.
Only those occupants whose names are on file with the Borough as required in this section may reside in the licensed premises. It shall be unlawful for any other person to reside in said premises and any owner, agent, tenant, or registered tenant allowing a non-registered party to reside in said premises shall be in violation of this section and shall be subject to the penalty provisions of Subsection 20-7.18.
[Ord. No. 2000-11 § 14]
No rental unit may be registered and no license shall issue
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and any other Municipal assessments are paid
on a current basis.
[Ord. No. 2000-11 § 15]
All dwelling units shall be maintained in accordance with the
Uniform Construction Code and the BOCA National Property Maintenance
Code.
[Ord. No. 2000-11 § 16]
a.
Occupants. Only those occupants whose names are on file with the
Borough Clerk as provided in the ordinance may reside in the licensed
premises. It shall be unlawful for any other person to reside in said
premises, and this provision may be enforced against the landlord,
tenant, or other person residing in said premises.
b.
Nuisance Prohibited. No rental facility shall be conducted in a manner
which shall result in any unreasonable disturbance or disruption to
the surrounding properties and property owners or of the public in
general, such that it shall constitute a nuisance as defined in the
ordinances of the Borough of South Bound Brook.
c.
Compliance with Other Laws. The maintenance of all rental facilities
and the conduct engaged in upon the premises by occupants and their
guests shall at all times be in full compliance with all applicable
ordinances and regulations of the Borough of South Bound Brook and
with all applicable State and Federal laws.
[Ord. No. 2000-11 § 17]
a.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the license issued
hereunder upon the happening of one or more of the following:
1.
Conviction of a violation of this section in the Municipal Court
or any other Court of competent jurisdiction.
3.
Continuously renting the unit or units to a tenant or tenants who
are convicted of a violation of the Noise Ordinance of the Borough.
4.
Continuously permitting the rental unit to be occupied by more than
the maximum number of occupants as defined, in this section.
5.
Maintaining the rental unit or units or the property in which the
rental unit is a part in a dangerous condition likely to result in
injury to person or property.
b.
Procedure; Written Complaint; Notice; Hearing.
1.
A complaint seeking the revocation or suspension of a license may
be filed by any one or more of the following: Chief of Police, Construction
Code Official, Housing Inspector, the Zoning Enforcement Officer or
any other persons or office authorized to file such complaint. Such
complaint shall be in writing and filed with the Borough Clerk or
designee. The complaint shall be specific and shall be sufficient
to apprise the licensee of the charges so as to permit the licensee
to present a defense. The individual(s) filing the complaint may do
so on the basis of information and belief and need not rely on personal
information.
2.
Upon filing of such written complaint the Borough Clerk or designee
shall immediately inform the Borough Council and a date for a hearing
shall be scheduled which shall not be sooner than 10 nor more than
30 days thereafter. The Borough Clerk or designee shall forward a
copy of the complaint and a notice as to the date of the hearing to
the licensee and the agent, if any, at the address indicated on the
registration form. Service upon the agent shall be sufficient.
3.
The hearing required by this section shall be held before the Borough
Council unless, in its discretion, the Borough Council determines
that the matter should be heard by a Hearing Officer who shall appointed
by the Borough Council. If the matter is referred to a Hearing Officer,
such officer shall transmit his findings of fact and conclusions of
law to the Borough Council within 30 days of the conclusion of the
hearing. Borough Council shall then review the matter and may accept,
reject, or modify the recommendations of the Hearing Officer based
on the record before such hearing officer. In the event that the matter
is not referred to a Hearing Officer and is heard by Borough Council,
then the Borough Council shall render a decision within 30 days of
the conclusion of the hearing. Following the hearing, a decision shall
be rendered, dismissing the complaint, revoking or suspending the
license, or determining that the license shall not be renewed or reissued
for one or more subsequent license years.
4.
A stenographic transcript shall be made of the hearing. All witnesses
shall be sworn prior to testifying. The strict rules of evidence shall
not apply and the evidential rules and burden of proof shall be that
which generally controls administrative hearings.
5.
The Borough Attorney or his designee shall appear and prosecute on
behalf of the complainant in all hearings conducted pursuant to this
section.
c.
Defenses.
1.
It shall be a defense to any proceeding for the revocation, suspension
or other disciplinary action involving a rental license by demonstrating
that the owner has taken appropriate action and has made .a good faith
effort to abate the conditions or circumstances giving rise to the
revocation proceeding including but not limited to the institution
of legal action against the tenant(s), occupant(s) or guests for recovery
of the premises; eviction of the tenant(s) or otherwise.
[Ord. No. 2000-11 § 18]
Any person who violates any provision of this section shall,
upon conviction in the Municipal Court of the Borough of South Bound
Brook or such other court having jurisdiction, be liable to a fine
not exceeding $1,000.00 or imprisonment for a term not exceeding 30
days, or both. Each day that a violation occurs shall be deemed a
separate and distinct violation subject to the penalty provisions
of this section.
[Ord. No. 2009-06]
This section requires the retrofitting of existing storm drain
inlets which are in direct contact with repaving, repairing, reconstruction,
or resurfacing or alterations of facilities on private property, to
prevent the discharge of solids and floatables (such as plastic bottles,
cans, food wrappers and other litter) to the municipal separate storm
sewer system(s) operated by the Borough of South Bound Brook so as
to protect public health, safety and welfare, and prescribes penalties
for the failure to comply.
[Ord. No. 2009-06]
As used in this section:
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by Borough of South Bound Brook or other public body,
and is designed and used for collecting and conveying storm water.
MS4s do not include combined sewer systems, which are sewer
systems that are designed to carry sanitary sewage at all times and
to collect and transport storm water from streets and other sources.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
Shall mean an opening in a storm drain used to collect storm
water runoff and includes, but is not limited to, a grate inlet, curb-opening
inlet, slotted inlet, and combination inlet.
Shall mean the ocean and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2009-06]
No person in control of private property (except a residential
lot with one single family house) shall authorize the repaving, repairing
(excluding the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
[Ord. No. 2009-06]
Storm drain inlets identified in Subsection 20-9.3 shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For purposes of this subsection, solid and floatable materials means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see Subsection c.
a.
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
storm water from that surface into a storm drain or surface water
body under that grate:
1.
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.
A different grate, if each individual clear space in that grate has
an area of no more than seven (7.0) square inches, or is no greater
than 0.5 inch across the smallest dimension.
Examples of grates subject to this standard include grates in
grate inlets, the grate portion (non-curb-opening portion) of combination
inlets, grates on storm sewer manholes, ditch grates, trench grates,
and grates of spacer bars in slotted drains. Examples of ground surfaces
include surfaces of roads (including bridges), driveways, parking
areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and storm water basin floors.
b.
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven (7.0) square inches, or be no greater than two (2.0) inches
across the smallest dimension.
c.
This standard does not apply:
1.
Where the municipal engineer agrees that this standard would cause
inadequate hydraulic performance that could not practicably be overcome
by using additional or larger storm drain inlets that meet these standards;
2.
Where flows are conveyed through any device (e.g., end of pipe netting
facility, manufactured treatment device, or a catch basin hood) that
is designed, at a minimum, to prevent delivery of all solid and floatable
materials that could not pass through one of the following:
3.
Where flows are conveyed through a trash rack that has parallel bars
with one-inch (1") spacing between the bars; or
4.
Where the New Jersey Department of Environmental Protection determines,
pursuant to the New Jersey Register of Historic Places Rules at N.J.A.C.
7:4-7.2(c), that action to meet this standard is an undertaking that
constitutes an encroachment or will damage or destroy the New Jersey
Register listed historic property.
[Ord. No. 2009-06]
This section shall be enforced by the Borough of South Bound
Brook Code Enforcement Department.
[Ord. No. 2009-06]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $500.00 for
each storm drain inlet that is not retrofitted to meet the design
standard.
