[1982 Code § 8-1.1]
a.
There is hereby established in the Borough a State Uniform Construction
Code Enforcing Agency to be known as the Construction Code Enforcement
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 paragraph a hereof shall be filled
by a person qualified for such position pursuant to N.J.S.A. 52:27D-119
et seq. as amended and N.J.A.C. 5:23; provided that, in lieu of any
particular subcode official, an onsite 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 N.J.S.A. 52:27D-119 et seq. 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.
[1982 Code § 8-1.2; Ord. 7-22-92]
a.
Construction Permit. The fee for a construction permit shall be the
sum of the subcode fees listed in paragraphs 1 through 3 below, and
shall be paid before the permit is issued.
1.
The building subcode fee shall be:
(a)
For new construction of residential, small business, commercial
and industrial, up to 1,000,000 cubic feet would cost $0.013 per cubic
foot. Over 1,000,000 cubic feet would be $0.009 per cubic foot, provided
that the minimum fee shall be $20.
(b)
For renovations, alterations, repairs, reroofing and residing
of residential, $10 per $1,000 of the estimated cost of the work,
provided that the minimum fee shall be $20, aluminum siding and reroofing,
$10 for $1 to $1,000 and $5 for each $1,000 thereafter. There is a
minimum fee of $20.
(c)
For renovations on commercial, industrial and business, the
cost per $1,000 of valuation shall be $15 per $1,000.
(d)
For additions, up to 1,000,000 cubic feet would cost $0.016
per cubic foot; over 1,000,000 cubic feet would be $0.013 per cubic
foot, provided that the minimum fee shall be $20.
(e)
For combinations of renovations and additions, the sum of the
fees computed separately as renovations and additions.
(f)
For the construction of a swimming pool, the following fees
apply: For a private pool with a value of from $1 to $300, the fee
shall be $15; for pools with a value of from $301 to $1,000, the fee
shall be $20; for pools costing $1,001 to $2,000, the fee shall be
$25; and a fee of $6 for each additional $1,000 of value; the fee
for public pools shall be $500.
(g)
Wood, coal stoves:
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Fee review
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$25
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Final inspection (requires manufacturer's booklet and test report)
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$15
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Chimney, with above
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No fee
|
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New chimney replacement
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$20
|
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Fireplace and chimney; each
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$40
|
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Final inspection
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$15
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2.
Plumbing Subcode Fees: For the purpose of computing fees, fixtures
or stacks shall include, but not be limited to, lavatories, kitchen
sinks, slop sinks, sinks, urinals, water closets, bathtubs, shower
stalls, laundry tubs, floor drains, clothes washers, water heaters
or similar devices. The plumbing subcode fees shall be:
(a)
For the filing of an application for new installation or the
replacement of an existing fixture or fixtures and subsequent inspection
thereof, a minimum of $20 shall be charged for the first fixture,
trap or stack. The fees for all other fixtures, stacks, or special
devices shall be $5 per fixture, stack, or special device and added
to the first $20.
(b)
The fee shall be $20 per special device for grease traps, oil
separators, water cooled air conditioning units, dental units, and
sewer ejectors.
(c)
Permit to install or replace an electric or gas fired water
heater is $20. If included as a fixture, it shall be $5.
(d)
For each installation of a water conditioning unit, $25.
(e)
For each installation of a water or sewer service line, $25.
(f)
Lawn sprinkler systems which contain 25 lawn sprinkler heads
or less, $25. Systems larger than 25 sprinkler heads shall be $1 per
head.
(g)
Subsoil drains to be installed in accordance with N.S.P.C. 13:1.5:
the fee shall be $25 for all buildings of use group R-3 and $50 for
all other use groups.
(h)
For all interceptors (including sand, grease, oil and flammable liquid interceptors) to be installed in accordance with N.S.P.C. (Chapter 6) the fee shall be $50 per system.
(i)
The fee for the inspection of the disconnection, pumping, filling
(or removal) of an individual sewage disposal system (Re: N.S.P.C.
16.1.7) shall be $25.
(j)
Storm drainage system:
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Roof drains and area drains
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$25 each
|
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Piping
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$25 each
|
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Filing
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$10 each
|
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Maximum permit cost not to exceed
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$260
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(k)
Gas piping:
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Residential piping and test
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$10
|
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Commercial piping and test
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$25
|
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Permit issued separately:
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Filing
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$10
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3.
Fees for fire protection are as follows:
(a)
Gas heating (includes all gas-burning equipment such as furnaces,
dryers, ovens, space heaters, etc., except domestic hot water heaters).
Commercial or public buildings and all apartment, installations
or conversion:
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First unit
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$30
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Each additional unit
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$10
|
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Residence building installation or conversions:
| |
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First unit
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$20
|
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Each additional unit
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$15
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(b)
Oil (Oil burning or oil storage equipment)
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Capacity of Tank (gallons)
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Fee
|
|---|---|
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0 to 999
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$50
|
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1,000 to 2,999
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$75
|
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3,000 to 4,999
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$100
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5,000 and over
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$150
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For the removing of above, one-half the stated fee.
|
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Fees for oil burning equipment shall be the same as listed for
gas fired equipment.
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(c)
Gasoline or chemical storage tanks.
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In ground:
| |
|---|---|
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0 to 5,000 gals.
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$250
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Over 5,000 gals.
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$450
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Above ground:
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0 to 5,000 gals.
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$250
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Over 5,000 gals
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$450
|
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For removal of any of the above tanks, one-half of the set fee.
|
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Fees for oil burning equipment shall be the same as listed for
gas fired equipment.
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(d)
Sprinkler system.
(1)
No. of sprinkler heads Fee
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1 to 25
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$50
|
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26 to 150
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$150
|
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151 to 300
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$250
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Over 300
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$250 plus $25 per head
|
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For hydraulically designed systems, multiply the above fees
by two. Standpipes using the same supply as the automatic sprinklers
are included in the fee.
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(2)
Fire detection system:
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Commercial or multifamily Fire or smoke
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$50 per 1,000 square feet
|
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Residential, new installation Fire or smoke
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$10 per device
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(3)
Carbon dioxide suppression system:
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1 to 175 lbs. of agent
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$80
|
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Over 175 lbs. of agent
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$80 plus $0.50 per lb. in excess of 175 lbs.
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(4)
Halon 1301 suppression system:
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Up to 35 lbs. of agent
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$80
|
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Over 35 lbs.
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$80 plus $2.20 per lb. in excess of 35 lbs.
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(5)
Dry chemical suppression system:
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Up to 30 lbs. of agent
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$80
|
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Over 30 lbs.
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$80 plus $0.60 per lb. in excess of 30 lbs.
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(6)
Foam suppression system: $80 per 50 gallons of foam concentrate.
(7)
Fire-kitchen exhaust systems:
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Residential
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$10 each
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Commercial
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$40 each
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(e)
Standpipe systems: $100.
4.
The electrical subcode fee shall be a minimum of $5 or 20% to be
paid to the Borough of Victory Gardens plus those fees which are established
by approved third party inspection agency as approved by the Department
of Community Affairs.
5.
The fee for plan review shall be 20% of the amount to be charged
for the construction permit and shall be paid before the plans are
reviewed. The amount paid for this fee shall be credited toward the
amount of fee to be charged for the construction permit.
6.
Demolition. The fee for demolition of a building or structure shall
be $50 provided that the fee shall be $25 for a condemned building
or structure.
7.
Removal. The fee for a permit for the removal of a building or structure
from one lot to another or to a new location on the same lot shall
be $5 per $1,000 of the sum of the estimated costs for moving, for
new foundations and for replacement in a completed condition in the
new location, provided that the minimum fee shall be $50.
8.
Signs. The fee for a permit to construct a sign shall be:
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Roof, projecting or pole sign or billboard
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$150
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Flat signs and any other type
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$30
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Construction signs
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$30 per sign per year
|
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Commercial billboards (yearly inspection, maintenance, and structural
soundness)
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$100
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9.
Certificate of Occupancy Fees.
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Residence:
| |
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Minimum fee
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$25
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Commercial:
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Minimum fee
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$100
|
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Change of use
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$25
|
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Multiple Certificate of Occupancy
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$50 plus $25 per each additional
|
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Continued occupancy (in addition to above)
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$25 per each subcode inspection approval
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10.
Elevator fees. The fees for elevators or similar devices are set
forth by the Department of Community Affairs under Subchapter 5:23-12
of the New Jersey Administrative Code, which is adopted herein by
reference, and in addition to the fees specified therein, the Borough
of Victory Gardens shall add a surcharge of 15%.
11.
Reinstatement after revocation of a construction permit: $200.
12.
Temporary structures.
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Construction trailers and equipment trailers
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$50
|
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House trailer for temporary residence for use during disaster/or
structure fire (to be removed before Certificate of Occupancy is issued)
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$25
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13.
Reinstatement after lapse of a construction permit: $25.
b.
Biannual Report. The Construction Official shall, with the advice
of the subcode officials, prepare and submit to the Borough 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.
Surcharge Fee.
1.
In order to provide for the training, certification, and technical
support programs required by the State 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. The surcharge shall be remitted
to the Bureau of Housing Inspection, Department of Community Affairs,
on a quarterly basis for the fiscal quarter 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 regulations first become effective, the fee shall be collected
and remitted for the third and fourth quarters only.
2.
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 fees collected in the fiscal
year. In the fiscal year in which regulations first become effective,
the report shall be for the third and fourth quarters only.
d.
Solar Heating and Cooling Systems. Notwithstanding anything herein
to the contrary, whenever the Construction Official determines, pursuant
to N.J.A.C. 5:23-6.2, the eligibility of proposed solar heating and
cooling systems pursuant to the standards promulgated in N.J.A.C.
14A:14-1 et seq., any permit and inspection fees are set forth herein
except a $10 flat fee for general services may be waived by the Construction
Official in accordance with the aforementioned regulations.
e.
Radon Hazards; Fees.
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New house construction
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Building
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$10
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Plumbing
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$10
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Alteration to existing structure
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Building
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$15
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Plumbing
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$15
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Inspection and permit is required for all residential and education
uses.
|
|
This paragraph is regulated per subchapter 10 of the State Uniform
Construction Code Act.
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f.
Variance Application (from the Construction Code requirements)
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Residential
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$75
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Commercial, industrial, etc.
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$250
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[1982 Code § 8-1.2a, 12f; Ord.
5-13-92]
Request by applicant for inspection for resale of a:
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One-Family Dwelling
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$150
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Two-Family Dwelling
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$250
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Commercial Building
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$250
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Industrial Building
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$250
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Apartment House
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$550
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[1982 Code § 8-1.5]
Certificates of Compliance (occupancy or use) shall be issued
when due notice in writing for final inspection has been given. The
Construction Official shall provide such inspections and upon a satisfactory
inspection the following fees shall apply:
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Up to $100
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No fee
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$101 to $1,000
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$4
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$1,001 to $2,000
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$8
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$2,001 to $3,000
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$12
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$3,001 to $4,000
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$16
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$4,001 to $5,000
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$20
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$5,001 to $6,000
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$24
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$6,001 to $7,000
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$28
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$7,001 to $8,000
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$32
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$8,001 to $9,000
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$36
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$9,001 to $10,000
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$40
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Above 10,000 to the base $40 fee, add 4.00 for each 1,000 or
fraction thereof.
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[1982 Code § 8-1.3]
The following fire limits are established pursuant to N.J.A.C.
5:23:
The Construction Official shall prepare and submit to the Mayor
and Council biannually, a report reevaluating the delineation of the
fire limits. This report shall indicate the recommendations of the
Construction Official, the Building Subcode Official, and the Fire
Subcode Official regarding those areas which should be designated
as within fire limits, with the reasons therefor.
[1982 Code § 8-2.1]
The Borough Council finds that there exists in the Borough dwellings
which are unfit for human habitation due to dilapidation, defects
increasing the hazard of fire, accidents or other calamities or due
to other conditions rendering such dwellings unsafe or unsanitary
or detrimental to the health or safety or otherwise inimical to the
welfare of the residents of the Borough.
[1982 Code § 8-2.2]
a.
It is hereby found and declared that the existence and occupation
of dwellings in the Borough which are unfit for human habitation are
inimical to the welfare and dangerous and injurious to the health
and safety of the residents of the Borough and that a public necessity
exists for the repair, refurbishment, closing or demolition of such
dwellings.
b.
Dwellings, dwelling units and multiple dwellings within the Borough
are hereafter defined, and are regulated and made subject to the provisions
of this section.
[1982 Code § 8-2.3]
As used in this section:
Shall mean the department, board or agency of the Borough
which is authorized by this section to administer the provisions hereof.
It shall include the Executive Officer of the Board of Health, the
Construction Official and Fire Subcode Official.
Shall mean a portion of a dwelling located partly or wholly
underground, but having less than half its clear floor to ceiling
height below the average grade of the adjoining ground.
Shall mean a portion of a building located partly or wholly
underground, and having half or more than half of its clear floor
to ceiling height below the average grade of the adjoining ground.
Shall mean any building which is wholly or partially used
or intended to be used for living or sleeping by human occupants.
Shall mean any room or group of rooms located within a dwelling
and forming a single habitable unit with facilities which are used
or intended to be used for living, sleeping, cooking and eating.
Shall mean the legally designated officer of the Board of
Health or his authorized representative.
Shall mean the control and elimination of insects, rodents
or other pests by eliminating their harborage places; by removal of
material that may serve as their food, by poisoning, spraying, fumigating,
trapping or any legal pest elimination method.
Shall mean the animal and vegetable waste resulting from
handling, preparation, cooking or consumption of food.
Shall mean a room or enclosed floor space used or intended
to be used for living, sleeping, cooking or eating purposes, excluding
bathrooms, laundries, pantries, corridors, closets or storage space.
Shall mean any dwelling containing two or more dwelling units.
Shall mean any person over one year of age, living, sleeping,
cooking or eating in, or having actual possession of, a dwelling unit.
Shall mean any person who has charge, care or control of
a building or part thereof, in which dwelling units are let.
Shall mean the temperature of 15° F. above the lowest
recorded temperature for the previous ten-year period.
Shall mean any person who alone or jointly or severally with
others:
Shall have legal title to any dwelling or dwelling units, with
or without accompanying actual possession thereof, or
Shall have charge, care or control of any dwelling or dwelling
unit, as owner or agent of the owner, or an executor, administrator,
trustee or guardian of the owner. Any such person thus representing
the actual owner shall be bound to comply with the provisions of this
section and of all regulations adopted pursuant thereto, to the same
extent as if he were the owner.
Shall mean and include all of the following supplied facilities
and equipment: water pipes, waste pipes, garbage disposal units, water
closets, sinks, installed dishwashers, lavatories, bathtubs, showers,
installed clothes washing machines, catch basins, drains, vents and
other similar supplied fixtures, together with all connections to
water or sewer lines.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Borough
relating to health, fire, police, building inspection or to other
activities concerning dwellings in the Borough.
Shall mean combustible and noncombustible waste material
except garbage; and the term shall include the residue from burning
of wood, coal, coke and other combustible material such as paper,
rags, cartons, boxes, rubber, leather, trees, yard trimmings, leaves,
tin cans, glass and other mineral matter.
[1982 Code § 8-2.4]
The various members and/or inspectors of the Administrative
Authority insofar as its duties relate, are hereby authorized and
directed to make inspections to determine the condition of dwellings,
dwelling units and premises within the Borough in order that they
may perform their duties of safeguarding the health and safety of
the general public. For the purpose of making such inspections, they
are hereby authorized to enter, examine and survey at any reasonable
time, all dwellings, dwelling units and premises. The owner or occupant
of any dwelling, dwelling unit or the person in charge shall give
them free access for the purpose of such inspections at all reasonable
times. Every occupant of a dwelling shall give the owner thereof,
or his agent or employee, access to any part of such dwelling or dwelling
unit or its premises, at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance
with the provisions of this section or with any lawful rule or regulation
adopted pursuant to the provisions of this section.
[1982 Code § 8-2.5]
a.
Enforcement Authority Designated. The various members of the Administrative
Authority are hereby designated and appointed to enforce the provisions
of this section, which shall be limited to the duties of their respective
office.
b.
Criteria for Determination. Any member of the Administrative Authority,
based on inspection made, 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 its occupants
or other residents of the Borough; such conditions may include without
limiting anything contained in this section, any and all defects therein
increasing the hazards of fire, accident or other calamities, lack
of adequate ventilation, light or sanitary facilities, dilapidation,
disrepair, structural defects or uncleanliness as herein provided.
c.
Petition; Complaint; Service of Notice. Whenever a petition is filed
with the Health Officer by a Borough Inspector or by a Public Authority
of the Borough charging that any dwelling is unfit for human habitation,
the Executive Officer shall (if preliminary investigation discloses
a basis for such charges), cause to be served upon such owner and
parties in interest of such dwelling a complaint stating the charges
and containing a notice that a hearing will be held before the Governing
Body at a time and place therein fixed, not less than seven or more
than 15 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 appear in person or otherwise and give testimony
at the time and place fixed in the complaint; and that the rules of
evidence prevailing in courts of law or equity shall not be controlling
in hearings before the Governing Body.
d.
Issuance of Order. If after such notice and hearing the Governing
Body determines that such dwelling is unfit for human habitation,
it shall state in writing its 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:
1.
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
is hereby fixed at not more than 30% of assessed valuation) requiring
the owner (to the extent and time specified in the order) to repair,
alter or improve the dwelling to render it fit for human habitation,
or, at the option of the owner, to vacate and close the dwelling from
human habitation, or
2.
If the repair, alteration or improvement cannot be made at a reasonable
cost (which is hereby affixed at not more than 30% of the assessed
valuation) requiring the owner (within the specified time of the order)
to remove or demolish such dwelling, or
3.
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
Executive Officer may cause such building to be repaired, altered,
improved, or to be vacated and closed. The Executive Officer may cause
to be posted on the main entrance of such dwelling a placard with
the following words: "This building is unfit for human habitation;
the use of this building for such purposes is unlawful and prohibited."
4.
If the owner fails to comply with an order to remove or demolish
a dwelling, the Executive Officer may cause such dwelling to be removed
or demolished. In addition thereto, any person who shall fail to comply
with any order under this section or any person who shall use or occupy
such building for human habitation after issuance of such orders shall
be guilty of violation of this section.
5.
The amount of such cost of repairs, alterations or improvements or
vacating or closing or removing or demolition of such building shall
be a municipal lien against the property upon which such cost was
incurred. If the dwelling is removed or demolished by the Executive
Officer, he shall sell the materials of such dwelling and shall credit
the proceeds of such sale against the cost of removal or demolition
and any balance remaining shall be deposited in the Superior Court
and shall be secured as may be directed by such Court and shall be
disbursed by such Court to the persons found to be entitled thereto
by final order of such Court, provided that nothing in this section
shall be construed to impair or limit in any way the power of the
municipality to define and declare nuisances and to cause their removal
or abatement.
e.
Service of Orders. Complaints or orders issued by the Governing Body
pursuant to this section shall be served either personally or by registered
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the Executive Officer, the serving of such
complaint or order upon such persons may be made by publishing the
same once each week for two successive weeks in a newspaper distributed
throughout the Borough. One copy of such complaint shall be duly lodged
for record with the County Recording Officer and one copy of such
complaint shall be posted upon the premises of such dwelling in a
conspicuous place.
No person shall occupy as owner or occupant, or let to another
for occupancy or permit the occupancy of any dwelling, dwelling unit
or building for the purpose of living, sleeping, cooking or eating
therein which does not comply with the following requirements:
a.
Every dwelling unit shall contain a kitchen sink in good working
condition and properly connected to a potable water and sewer, and
sanitary in such a manner so as not to create a public nuisance or
health hazard.
b.
Every dwelling unit shall contain a room which affords privacy to
a person within that room and which is equipped with a flush water
closet, a lavatory basin and a bathtub or shower in good working condition
and properly connected to a water sewer and sanitary in such a manner
so as not to create a public nuisance or health hazard.
c.
Every kitchen sink, basin and bathtub or shower required under paragraphs
a and b of this subsection or otherwise installed shall be properly
connected with both hot and cold water lines in such a manner so as
not to create a public health hazard or nuisance.
d.
Every dwelling unit shall be supplied with adequate garbage and rubbish
storage equipment of a type and in a location approved by the Board
of Health.
e.
Every dwelling shall have supplied water heating facilities which
are properly installed, are maintained in safe and good working condition,
are properly connected with the hot water lines under paragraph c
of this subsection and are capable of heating water to be drawn at
every sink, basin, tub or shower. A temperature of not less than 120°
F. is hereby determined to be required to provide for adequate amounts
of water.
f.
Where there is electric service available from power lines which
are no more than 200 feet from a dwelling, every habitable room of
such dwelling shall contain at least separate floor or wall-type electrical
convenience outlets or one such outlet and one supplied ceiling electric
light fixture; and every bathroom, laundry room, furnace room and
public hall shall contain at least one ceiling or wall-type electric
light fixture. Every such outlet and fixture shall be maintained in
safe working condition and shall be installed in accordance with the
New Jersey Fire Safety Code.
g.
Every dwelling shall have heating facilities which are properly installed
and maintained in safe working condition and are capable of safely
and adequately heating all habitable rooms and water closet compartments
in every dwelling unit located therein to a temperature of 70°
F. with an outside temperature of zero and wind velocity of not less
than 20 miles per hour.
[1982 Code § 8-2.7]
No person shall occupy as owner or an occupant or let to another
for occupancy any dwelling, dwelling unit or building for the purpose
of living therein which does not comply with the following requirements:
a.
Every foundation, floor, wall, ceiling and roof shall be reasonably
weather tight and rodent proof; shall be capable of affording privacy
and shall be kept in good repair.
b.
Every inside and outside stair, porch and appurtenance thereto shall
be so constructed as to be safe to use and capable of supporting the
load that normal use may cause to be placed thereon and shall be kept
in sound condition so as not to create a nuisance or hazard.
c.
Every plumbing fixture and water and waste pipe shall be installed
and maintained in good sanitary working condition, free from leaks,
defects and obstructions so as not to create a nuisance or hazard.
d.
Every supplied facility or piece of equipment or utility which is
required by this section shall be constructed or installed to function
safely and properly and shall be maintained in satisfactory working
condition.
e.
No owner, operator or occupant shall cause any service, facility,
equipment or utility which is required under this section to be removed
from or shut off from or discontinued for any occupied dwelling let
or occupied by him, except for such temporary interruption as may
be necessary while actual repairs or alterations are in process or
during temporary emergencies.
f.
No owner shall occupy or let to any other occupant any vacant dwelling
unless such dwelling and premises are clean, sanitary, free of rubbish,
garbage or other refuse and fit for human habitation.
[1982 Code § 8-2.8]
No person shall occupy or let to another for occupancy any dwelling,
dwelling unit or building for the purpose of living therein which
does not comply with the following requirements:
a.
Every dwelling unit shall contain at least 150 square feet of floor
space for the first occupant thereof and at least 100 additional square
feet of floor space for every additional occupant thereof, the floor
space to be calculated on the basis of total habitable room area.
b.
In every dwelling unit of two or more rooms, every room occupied
for sleeping purposes by one occupant shall contain at least 70 square
feet of floor space and every room occupied for sleeping purposes
by more than one occupant shall contain at least 50 square feet of
additional floor space for each additional occupant thereof.
c.
No basement or cellar shall be used as a habitable room or dwelling
unit unless:
[1982 Code § 8-2.9]
a.
Every owner of a dwelling containing two or more dwelling units shall
be responsible for maintaining in a clean, neat and sanitary condition
the shared or public areas of the dwelling and premises thereof.
b.
Every occupant of a dwelling or dwelling unit shall dispose of his
rubbish and garbage in a clean and sanitary manner as provided under
this section and laws of the Board of Health.
c.
Every occupant of a dwelling containing a single dwelling unit shall
be responsible for the extermination of any insects, rodents or other
pests therein or on the premises thereof and every occupant of a dwelling
containing more than one dwelling unit shall be responsible for such
extermination whenever his dwelling unit is the only one so infested.
Notwithstanding the foregoing provisions of this paragraph, whenever
infestation is caused by failure of the owner to maintain a dwelling
in a rodent-proof or reasonably insect proof condition, extermination
shall be the responsibility of the owner. Whenever infestation exists
in two or more of the dwelling units in a dwelling or in shared parts
of any dwelling or premises thereof, extermination shall be the responsibility
of the owner.
d.
Every occupant of a dwelling unit shall keep all plumbing fixtures
therein in a clean and sanitary condition and shall be responsible
for the exercise of reasonable care in the proper use and operation
thereof.
[1982 Code § 8-2.10]
The provisions of this section shall apply to all dwellings classified under the Zoning Chapter 23 and shall also apply to any dwellings classified as seasonal, temporary or for let. Should any conflict exist between this section and any other ordinance heretofore established in the Borough, the provisions of this section shall prevail.
[1982 Code § 8-2.11]
[Ord. 5-25-88 § 1]
As used in this section:
Shall mean any building or structure or part thereof, used
for human habitation, use or occupancy and includes any accessory
buildings and appurtenances belonging to or usually enjoyed with it.
Shall mean the Board of Health of Victory Gardens or their
designee. The Director is hereby authorized to enforce the terms of
this section.
Shall mean a building or structure or part thereof containing
one or more dwelling units or lodging units.
Shall mean any room or group of rooms, or any part thereof,
located within a building and forming a single habitable unit with
facilities which are used or designed to be used for living, sleeping,
cooking and eating.
Shall mean a state of being safe, sanitary and fit for human
habitation, occupancy and use.
Shall mean any building, or that part of any building containing
one or more lodging units, each of which is rented by one or more
persons not related to the owner.
Shall mean a rented room or group of rooms containing no
cooking facilities used for living purposes by a separate family or
group of persons living together or by a person living alone, within
the building. Lodging unit shall not include a motel room.
Shall mean any person or persons in actual possession of
and living in the building or dwelling unit.
Shall mean any person properly authorized to exercise powers
of or for an owner of property for purposes of its purchase, sale,
use, occupancy and maintenance.
Shall be given the same meaning as defined in N.J.S.A. 1:1-2.
[Ord. 5-25-88 § 2]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the New Jersey
State Housing Code, as approved by the Departments of Health and Conservation
and Economic Development, and filed in the Secretary of State's Office,
save and except that portion which is hereinafter modified and amended,
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. A copy of the "New Jersey State Housing Code"
is annexed to this section and three copies of the same have been
placed on file in the Office of the Borough Clerk and are available
to all persons desiring to use and examine the same.
[Ord. 5-25-88 § 2]
Section 9.1 of the said Code is amended by adding thereto at
the end thereof the following:
"There shall be a second such safe and unobstructed means of
egress for all dwelling units located in basements or above the first
story level of any building."
[Ord. 5-25-88 § 3]
It shall henceforth be unlawful for any owner to rent, lease
or in any way deliver up for occupancy to any occupant or prospective
occupant any dwelling unit or lodging unit until a Certificate of
Habitability to the effect that the dwelling unit or lodging unit
conforms to the standards of habitability established by this section
shall have been issued by the Director or his Designee. Within 15
days after a request for a Certificate of Habitability shall have
been filed with the Director, the Director or his Designee shall,
at a reasonable time, inspect the dwelling unit or lodging unit for
which the request is made and, if the unit is found to be in a habitable
condition, as defined by this section, shall issue a Certificate of
Habitability therefor to the owner who made the request. In the event
that violations are found to exist, the Director shall notify the
owner and require correction thereof prior to the issuance of a Certificate
of Habitability.
If an inspection is not made by the Director and neither a Certificate
of Habitability, nor a notice of violation issued to the owner within
15 days of the application for the Certificate of Habitability, the
owner may permit the dwelling unit or lodging unit to be occupied,
but subject to the right of the Director to inspect the dwelling unit
or lodging unit and, if a violation is found, to require the owner
to correct the violation within 30 days of receipt of the notice.
In the event access is denied or not made available to the Director,
then he may elect to deny the application, in which event a new application
and/or inspection fee, at the election of the Director, may be required.
[Ord. 5-25-88 § 4]
A Certificate of Habitability shall remain in effect for as
long as the occupant of the dwelling unit or lodging unit for which
the Certificate has been issued remains unchanged; provided, that
notwithstanding the foregoing, nothing in this section shall prevent
any duly authorized official or employee of the Borough of Victory
Gardens or State of New Jersey from inspecting any premises and from
exercising his power to correct violations of any housing, zoning
or building codes or any other applicable laws or ordinances found
to exist on such premises and to prosecute any persons for such violations.
[Ord. 5-25-88 § 5]
The Director may determine that a building, dwelling unit or
lodging unit is unsatisfactory for human habitation, occupancy or
use, if he finds that conditions exist in or about such building,
dwelling unit or lodging unit which are dangerous or injurious to
the health or safety of the occupants of such building, dwelling unit
or lodging unit, the occupants of neighboring buildings or other residents
of the Borough; such conditions may include, without limiting the
generality of the foregoing, defects increasing the hazards of fire,
accidents or other calamities, lack of adequate ventilation, light
or sanitary facilities, dilapidation, disrepair, structural defects
and uncleanliness.
[Ord. 5-25-88 § 6]
At the time of the inspection of a dwelling unit or lodging
unit, the Director shall post in a conspicuous place in the dwelling
unit or lodging unit a notice stating the number of persons who shall
be permitted to occupy the unit pursuant to this section.
[Ord. 5-25-88 § 7]
The fee for the issuance of a Certificate of Habitability shall
be $20 per dwelling or lodging unit, payable to the Borough of Victory
Gardens.
[Ord. 5-25-88 § 7]
Upon inspection of any building, premises, dwelling unit or
lodging unit, the Director, in his discretion, may cause to be issued
a temporary Certificate of Habitability conditioned upon the owner
removing any conditions which violate the New Jersey Housing Code
within a reasonable period of time not to exceed 30 days from the
issuance of the Certificate.
The fee for a temporary Certificate of Habitability shall be
$20 per dwelling unit or lodging unit payable to the Borough of Victory
Gardens. Upon removal of the violations by an owner who has received
a temporary Certificate of Habitability, the Director shall issue
a permanent Certificate of Habitability at no additional fee.
[Ord. 5-25-88 § 8]
[Ord. 4/8/08 § 2]
Unless the context clearly indicates a different meaning, the
following words or phrases, when used in this section, shall have
the following meanings:
Shall mean the individuals designated by the owner as the
person(s) authorized by the owner to perform any duty imposed upon
the owner by this section. If the owner provides no such designation,
the owner shall be considered the agent or managing agent. In any
event, the owner shall be responsible for any acts or omission by
the designated agent. 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 the 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 any apartment, cottage, bungalow or other dwelling
unit consisting of one or more rooms occupying all or part of a floor
or floors in a building of one of more floors or stories, but not
the entire building, whether designed with or without housekeeping
facilities for dwelling purposes and notwithstanding whether the apartment
is designed for residence, office or the operation of any industry
or business or any other type of independent use.
Shall mean 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.
Shall mean any room or rooms or suite or apartment thereof,
whether furnished or unfurnished, which is occupied or intended, arranged,
designed to be occupied for sleeping dwelling purposes by one or more
persons, including but not limited to the owner thereof or any of
this servants, agents or employees, and shall include all privileges,
services, furnishings, furniture, equipment, facilities and improvements
connected with the use or occupancy thereof.
Shall mean a room or enclosed floor space within a dwelling
unit used or designed to be used for living, sleeping, cooking or
eating purposes, excluding bathrooms, water closet compartments, laundries,
pantries, foyers or communicating corridors, closets and storage space.
Shall mean the license issued by the Building Code Officer,
or his or her designee, attesting that the rental unit has been properly
registered in accordance with this chapter.
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 a room or group of rooms containing no cooking
facilities, used for living purposes by a separate family or group
of persons living together or by a person living alone within a building.
See "Agent."
Shall mean the person who owns, purports to own or exercises
control over any building.
Shall mean a person to whom a permit is issued hereunder.
Shall mean an individual, firm, corporation, partnership,
association, trust or other legal entity.
Shall mean the person or persons to whom a rental unit is
leased or rented by the licensee.
Any "apartment," "dwelling," "building," "dwelling unit,"
"habitable room" or "lodging unit" as defined by this section, regardless
of the consideration of occupancy, including but not limited to money
paid, services rendered, or accommodation incident to employment.
Shall mean the number of individuals who may be properly
accommodated in the beds and other sleeping facilities located with
any rental unit.
[Ord. 4/8/08 § 3]
All rental units shall hereafter be registered with the Code
Enforcement Officer or designee on forms which shall be provided for
that purpose and which shall be obtained from the Code Enforcement
Officer or Borough Clerk. Such registration shall occur on an annual
basis as provided herein.
[Ord. 4/8/08 § 4]
Each rental unit shall be registered and licensed annually.
The license terms shall commence August 1 of each year and such registration
shall be valid until July 31 of the next year at which time it shall
expire and a new registration shall occur. No rental unit shall hereafter
be rented unless the rental unit is registered and licensed in accordance
with this chapter.
Said license shall only be issued upon inspection of the property
and finding that:
a.
The visible parts of the property, buildings and structures that
are to be covered by the license have been inspected by the Code Enforcement
Officer or designee and that no visible violations of the building
or property maintenance codes exist, and
b.
The rental use proposed by the owner is a valid conforming use in
the zone as determined by the Code Enforcement Officer or designee.
c.
A separate license shall be required for each and every individual
dwelling unit existing on a property.
d.
The license shall state:
1.
The permitted use and/or tenancy;
3.
Compliance with fire protection system;
4.
Compliance with carbon monoxide detection systems; and
5.
The names of the owner, lessor, lessee and/or tenant.
Any use of the property in question or occupancy limitation
violations taking place on the property not specifically authorized
by the license shall be deemed a violation of this section and shall
be subject to an immediate summons.
[Ord. 4/8/08 § 5]
a.
Each rental unit shall be inspected at least:
1.
Upon the initial registration of a rental unit;
2.
Upon a charge of occupancy;
3.
When deemed necessary by the Municipal Code Enforcement Office; and
4.
As otherwise necessitated by safety considerations, alleged violations
and as otherwise required by this section.
The initial inspection shall occur prior to occupancy in which
a license is sought pursuant to this section.
b.
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 New Jersey State Housing Code and/or Municipal Building
Code and/or Uniform Fire Safety Code and/or the Property Maintenance
Code.
c.
In the event that the inspection of a rental unit does not result
in a satisfactory determination, such property shall not thereafter
be registered nor shall a license be issued, and the owner of the
property or his agent shall not lease or rent such property nor shall
any tenant occupy the property until necessary corrections have been
made so as to bring the property and rental unit into compliance with
the applicable codes and the property is thereafter subsequently registered
and licensed. In that event that the property is occupied when such
conditions are discovered, all such corrections shall be made within
30 days unless safety considerations, as determined by the Code Enforcement
Officer or designee require immediate correction. 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
offense.
d.
No property shall be licensed unless the owner thereof procures,
at the time of registration, a current, valid certificate of inspection
indicating that the property has been inspected by the officials of
the Borough of Victory Gardens having jurisdiction and that the property
does not contain any Code violations.
[Ord. 4/8/08 § 6]
No person shall hereafter occupy any rental unit nor shall the
owner permit occupancy of any rental unit within the Borough of Victory
Gardens which is not registered and licensed in accordance with this
section.
[Ord. 4/8/08 § 7]
Upon the filing of a completed registered form, the existence
of a satisfactory and current certificate of inspection, and payment
of the prescribed fee, the owner shall be entitled to the issuance
of a license for the rental term commencing August 1 of the respective
year in which said application was filed. A separate registration
form shall be required for each rental and a license shall be issued
to the owner for each individual unit, notwithstanding the existence
of multi-rental units on the same property. Each renewal for licensure
shall be made and filed prior to the expiration of the rental license
which occurs annually on July 31.
[Ord. 4/8/08 § 8]
a.
At the time of filing the rental registration form and prior to the
issuance of the license, the owner or agent of the owner must pay
a fee in the amount of $50 per rental unit.
b.
The above fee includes the cost of the initial inspection. Additional
inspections, whether due to a change of tenants, noncompliance or
inability to gain access for a scheduled reinspection, will require
the payment of a fee of $50 per reinspection visit. The cost for all
inspections related to the issuance of a license shall be paid in
full no less than 24 hours prior to the scheduled reinspection.
c.
If any fee is not paid within 30 days of its due date, a late fee
charge of $25 will be assessed and an additional $25 for each ten-day
period or any part of 10 days.
[Ord. 4/8/08 § 9]
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 Code Enforcement
Officer or designee a registration form for each rental unit contained
within a building or structure which shall include the following information:
a.
The name, address and telephone number of the owner or owners of
premises and the record owner or owners of the rental business, if
the not the same persons, shall be provided. In the case of a partnership,
the names and addresses of all general partners shall be provided,
together with the telephone numbers of each individual partner, indicating
where such individual may be reached both during the day and evening
hours, which telephone numbers shall include cell phone numbers. If
the record owner is a corporation, the name and address of the registered
agent and corporate officers of said corporations hall be provided,
together with the telephone number for each such individual indicating
where such individual may be reached both during the day and evening
hours, which shall include providing the cell phone numbers of each
such individual. All registration addresses shall be physical addresses;
post office boxes along are insufficient.
b.
If the address of the owner of record is not located in the County
of Morris, the name, address and telephone number of a person who
resides in the County of Morris who is authorized to accept notices
from a tenant and to issue receipts therefore and to accept service
of process on behalf of the owner of record.
c.
The name, address and telephone number of the managing agent of the
premises, if any.
d.
The name, address and telephone number of the superintendent, janitor,
custodian or other individual employed by the owner of record or managing
agent to provide regular maintenance service, if any.
e.
The name, address and telephone number of an individual representative
of the owner of record or managing agent who may be reached or contacted
any time in the event of an emergency affecting the premises or any
unit of dwelling space therein, including such emergencies as the
failure 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 the 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 and the exact number of sleeping
accommodations contained in each of the sleeping rooms, identifying
each sleeping room specifically by number and location within the
apartment or dwelling and by the square footage thereof. In order
to satisfy the requirements of this provision, an owner shall submit
a floor plan which shall become a part of the application and which
shall be attached to the registration form when filed by the Building
Code Official or designee.
i.
Name, address and telephone number of any and all rental agencies
with the authority to lease or otherwise remit reoccupancy of the
subject premises.
j.
Name, age, and address, including the dwelling unit number of each
occupant or tenant occupying the rental unit.
k.
Whether or not the landlord has conducted a tenant screening for
each new tenant and authorized adult household member.
l.
Such other information as may be prescribed by the Borough on the
appropriate form or otherwise by ordinance or resolution.
[Ord. 4/8/08 § 10]
The Code Enforcement Officer or designee shall index and file
the registration form and make it reasonably available for public
inspection. In doing so, the Code Enforcement Officer or designee
shall follow the mandates of N.J.S.A. 46:8-28.01, 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. The Code Enforcement
Officer or designee shall maintain a master index of all such registration
forms and any person may obtain from the Code Enforcement Officer
or designee a list of all rental units properly registered and licensed
upon payment of a fee of $25.
[Ord. 4/8/08 § 11]
Every person required to file a registration form pursuant to
this section shall file an amended registration form within 20 days
of any change in the information required to be included thereon.
No fee shall be required for the filing of an amendment with the exception
of a change in ownership of the premises.
[Ord. 4/8/08 § 13]
Each licensee granted a license pursuant to this section shall
be permitted to lease or rent the rental unit which has been registered
and for which a license has been granted hereunder to a specific number
of registered tenants, which number shall not exceed the number which
has been computed in accordance with the following:
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.
Rental units shall be occupied by more occupants than permitted by
the minimum occupancy area requirements set forth below:
1.
Minimum Occupancy Area Requirements.
(a)
1-2 Occupants — Living room — no requirements; dining
room — no requirements; kitchen — 50 square feet.
(b)
3-5 Occupants — Living room — 120 square feet; dining
room — 80 square feet; kitchen — 50 square feet.
(c)
Six or more Occupants — Living room — 150 square
feet; dining room — 100 square feet; kitchen — 60 square
feet.
(d)
Bedrooms shall comply with paragraph a.
c.
Combined living room and dining room spaces shall comply with the
requirements of paragraph b if the total is equal to that required
for separate rooms and if the space is so located that functions as
a combination living room/dining room.
d.
Kitchens, non-habitable spaces and interior public areas shall not
be used for sleeping purposes.
e.
All spaces to be used for food preparation shall contain suitable
space and equipment to store, prepare and serve foods in a sanitary
manner. There shall be adequate facilities and services for the sanitary
disposal of food wastes and refuse, including facilities for temporary
storage.
[Ord. 4/8/08 § 14]
No rental unit may be registered and no license shall be issued
for any property containing a rental unit unless all municipal taxes,
water and sewer charges and other municipal assessments are current.
[Ord. 4/8/08 § 15]
It shall be unlawful for any person over the age of 18 to assist,
aid, abet, allow, permit, suffer or encourage a student to register
or enroll in Victory Gardens School District where the student is
eligible to attend. It shall be unlawful for any person over the age
of 18 to knowingly permit his or her name, address, or other residence
designating documentation to be utilized in the registration or enrollment
of any nonresident student in the Victory Gardens School District.
In addition to the penalties set forth in this section, any person
violating or failing to comply with the provisions of this subsection
shall, upon conviction thereof, be sentenced to make restitution to
the Borough of Victory Gardens Board of Education. In determining
the amount of such restitution, the Court shall include the amounts
incurred by the Victory Gardens Board of Education, including but
not limited to tuition costs, investigation expenses and attorneys
fees.
[Ord. 4/8/08 § 16]
a.
The Code Enforcement Officer, or designee 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 general public. For the purposes of making such inspections,
the Code Enforcement Officer or designee is 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
Code Enforcement Officer or designee free access to the rental facility,
rental unit, and rooming/boarding house at all reasonable time 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.
Within 10 days of the receipt of the complaint alleging a reported
violation of this section, a Code Enforcement Officer or designee
shall conduct an inspection as hereinbefore provided.
[Ord. 4/8/08 § 17]
a.
Only those occupants whose names are on file with the Borough of
Victory Gardens as provided in the section 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.
No rental facility shall be conducted in a manner which shall result
in any unreasonable disturbance or disruption to the surrounding properties
and property owner or the public in general, such that it shall constitute
a nuisance as defined in the ordinances of the Borough of Victory
Gardens.
c.
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 Victory Gardens, State and Federal Laws.
d.
Any landlord, tenant, or other person violating the provisions of
this subsection shall be subject to the penalty provisions of this
section.
[Ord. 4/8/08 § 18]
a.
Grounds. In addition to any other penalty prescribed herein, an owner
may be subject to the revocation or suspension of the rental license
issued hereunder upon the occurrence of one or more of the following:
1.
Conviction of a violation of this section in the Municipal Court
or other court of competent jurisdiction.
2.
Determination of a violation of this section at a hearing held pursuant
to paragraph b herein.
3.
Renting the unit or units to a tenant or tenants who are convicted
of a violation of the noise and/or other disorderly person ordinances
of the Borough of Victory Gardens.
4.
Permitting the rental unit to be occupied by more than the maximum
number of occupants as defined herein.
5.
A complaint seeking the revocation or suspension of a license may
be filed by one or more of the following: the Mayor, Borough Clerk/Administration,
Construction Code Official, a New Jersey State Police Officer or Zoning
Enforcement Officer. Such complaint shall be in writing and filed
with the Code Enforcement Officer or designee. The complaint shall
be specific and shall be sufficient to appraise the licensee of the
charges so as to allow the licensee the opportunity to present a defense.
The individuals filing the complaint may do so on the basis of information
and belief and need not rely on personal information.
6.
Upon the filing of such written complaint, the Code Enforcement Officer
or designee shall immediately inform the Mayor and Council and a date
for a hearing shall be scheduled which shall not be sooner than 10
days nor more than 30 days thereafter. The Code Enforcement Officer
or designee shall forward a copy of the complaint and a notice as
to the date of the hearing to the licensee and the managing agent,
if any, at the address indicated on the rental registration form.
All such correspondence shall be sent by certified mail, return receipt
requested. Service upon the managing agent shall be sufficient.
7.
The hearing required by this section shall be held before the Mayor
and Council unless, in its discretion, the Mayor and Council determine
that the matter should be heard by a hearing officer who shall be
appointed by the Mayor and Council. If the matter is referred to a
hearing officer, such officer shall transmit his finding of fact and
conclusions of law to the Mayor and Council within 10 days of the
conclusion of the hearing. The Board shall not be bound by the findings
of a hearing officer. In the event that the matter is not referred
to a hearing officer and is heard by the Mayor and Council, that convened
body shall render a decision within 10 days of the conclusion of the
hearing. Following the hearing, a decision shall be rendered dismissing
the complaint, revoking or suspending the rental license, or determining
that the license shall not be renewed or reissued for one or more
subsequent rental license terms.
8.
A recording 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.
9.
The Borough Attorney or a special prosecutor appointed by the Mayor
and Council shall appear and prosecute on behalf of the complainant
in all hearings conducted pursuant to this section.
10.
Defenses. It shall be a defense to any proceeding for the revocation,
suspension, or other disciplinary action involving the rental license
by a demonstration that the owner has abated the conditions or circumstances
giving the revocation proceeding including, but not limited to, the
premises, eviction of the tenant(s) or otherwise, occupant(s) or guest(s)
for the recovery of the owner has refused to submit proof of an adequate
tenant screening in accordance with this section.
[Ord. 4/8/08 § 19]
In addition to the penalties set forth in N.J.S.A. 46:8-35,
any person who violates any subsection of this section shall, upon
conviction in the Municipal Court of the Borough of Victory Gardens
or such other court having jurisdiction, be liable for a minimum fine
of $250 (or higher if permitted by court order) and a maximum fine
not to exceed $2,000 or imprisonment or community service not exceeding
90 days, or any combination thereof. Each day that the violation occurs
shall be considered a separate and distinct violation subject to the
penalty provisions of this section. Any person who is convicted of
violating this section within one year of the date of the previous
violation of this section and who was fined for same shall be sentenced
by the court to an additional fine as a repeat offender and calculated
separately from the fine imposed for the violation of this section.
[Ord. 4/8/08 § 20]
Any of the violations referred to in this section may be enforced,
as applicable, by the New Jersey State Police, the Code Enforcement
Officer or such other persons designated by the Borough Clerk Administrator,
or having such authority by law.
