Township of Belleville, NJ
Essex County
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Table of Contents
Table of Contents
[Ord. #1977; Ord. #2012; Ord. #2167; Ord. #2167I; Ord. #2182; Ord. #2465; Ord. #2551; Ord. #2588; Ord. #2608; Ord. #2611; Ord. #2808; Ord. #2899]
[Ord. #1977; Ord. #2167 § 1]
a. 
There is hereby established in the Township of Belleville, New Jersey, a State Uniform Construction Code enforcing agency to be known as the Belleville Construction Code Act Enforcing Agency, consisting of:
1. 
Chief administrator known as the "construction official" who shall be the building inspector.
2. 
A building sub code official shall be the building inspector.
3. 
A plumbing subcode official which shall be the plumbing inspector.
4. 
A fire protection subcode official which shall be the fire inspector.
5. 
An electrical subcode official, except that in accordance with Resolution J-255 adopted by the Township on October 12, 1976, authorizing the enforcement of the State Uniform Construction Code Act, for the year 1977 the Township's inspecting underwriters shall continue the electrical inspections and review. At the end of this period a determination shall be made with respect to the review and inspection of said electrical code, and such other subcode officials for such additional subcodes as the commissioners 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. It is the purpose and intent of this section that no additional job or position will be created. It is also the policy of the Belleville Township Council that no additional expenses will be incurred except for actual disbursements and secretarial expenses which are referred to hereinafter.
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 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 P.L. 1975, C. 217 and N.J.A.C. 5:2 3 to hold each such position.
c. 
The public shall have the right to do business with the enforcing agency at one office location which shall be 383 Washington Avenue with respect to the appeal board and at the following locations with respect to other departments:
Building Department - 383 Washington Avenue
Fire Department - Main Fire House
Health Department - 383 Washington Avenue
All records, correspondence and other data pertaining to appeals shall be assembled by personnel designated by the Mayor and shall be brought to Township hall at such times as they may be needed for appeal board hearings.
d. 
The Mayor of the Township of Belleville shall be the appointing authority with respect to any and all appointments made hereunder. This shall include construction board of appeals members, secretaries and administrative personnel and any other individuals appointed to administer the construction code provisions within the Township of Belleville.
The Mayor shall have the right to appoint a secretary to the construction board of appeals at such salary as shall be set in any subsequent salary ordinances to be acted upon.
[Ord. #1977]
a. 
There is hereby established a construction board of appeals to hear appeals from decisions by the enforcing agency. Such board shall consist of five members. At least one board member shall be a registered architect or licensed professional engineer of building construction experience, and at least one board member shall be as qualified as a plumbing subcode official, and one qualified as an electrical subcode official. No more than two board members shall be selected from the same business or profession. Each board member shall have had at least three years experience in construction, design or supervision as a licensed engineer or registered architect; or, in the alternative, five years experience in construction, design or supervision as an architect or engineer with a bachelors degree in architecture or engineering, respectively, from an accredited institution of higher education: or, as a further alternative, 10 years experience in construction trade or as a construction contractor, subcontractor or inspector.
b. 
The Mayor shall appoint the board members and any alternate members. For the members first appointed, the Mayor shall designate the appointees' terms so that one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, and two for a term of four years. At the expiration of such terms and thereafter, appointments shall be made for terms of four years. Vacancies shall be filled for the unexpired term. The Mayor shall appoint such number of alternates as may be appropriate, for terms not to exceed four years, or may in the alternative, appoint alternates on a case by case basis.
No regular or alternate board member may be a member of the enforcing agency, the decisions of which are subject to the review of the board.
c. 
Appointees to the construction board of appeals shall not be compensated for their services but shall be reimbursed for actual out-of-pocket expenses.
[Ord. #1977; Ord. #2012, §§ 1, 2; Ord. #2167, § II; Ord. #2182, §§ 1 — 10; Ord. #2465; Ord. #2551; Ord. #2588; Ord. #2608; Ord. #2611; Ord. #2808; Ord. #2899; Ord. No. 3235; Ord. No. 3454]
a. 
The fee for a construction permit shall be the sum of the subcode fees listed in 1 through 8 hereof and shall be paid before the permit is issued.
1. 
Building Subcode Fees shall be:
(a) 
For new construction $0.038 cubic foot of building or structure volume, provided that the minimum fee shall be $85.
(b) 
For renovations, alterations and repairs, $28 per $1,000 of estimate cost of the work provided that the minimum fee shall be $85.
(c) 
Retaining walls — a retaining wall with a surface area
Greater than 550 square feet Class 3 residential structure shall have a flat fee
$200
Surface area of 550 square feet or less with Class 3 residential structure
$125
Newly constructed retaining wall of any size at other than a Class 3 residential structure shall be based on the cost of the construction.
(d) 
For additions, $0.038 per cubic feet of building or structure volume for the added portion, provided that the minimum fee shall be $85.
(e) 
Pools - In-ground - fee shall be: $200.
Above-ground - Fee shall be: $100.
(f) 
Antenna and dish antenna - fee shall be: $40 per antenna.
(g) 
The fee for plan review shall be 25% 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 the fee to charge for the construction permit.
(h) 
The fee for a permit for demolition of a building or structure shall be:
For an industrial building
$600
For a residential one- and two-family home
$300
For a residential garage and sheds
$150
For all other use group R structures
$500
For all structures other than use group R or U:
(1) Up to 10,000 square feet
$600
(2) From 10,001 square feet to 20,000 square feet
$800
(3) Over 20,000 square feet
$2,000.
(4) Partial demolition
$100
(i) 
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 $25 per $1,000 of the sum of the estimated costs for moving, for new foundation computed fees shall be based on $20 per thousand. The minimum fee shall be $85.
(j) 
The fee for a permit to construct a sign shall be $1 per square foot of the surface area of the sign, provided that the minimum fee shall be $85. In the case of double-faced sign, the area of the surface of only one side of the sign shall be used for purpose of the fee computation.
(1) 
The fee for pylon sign shall be $5 per square foot
(2) 
The fee for ground signs or wall signs shall be $3 per square foot — minimum two of $100.
(k) 
Awning - canopy - fee shall be: $100.
(l) 
Residential driveways: $75.
(m) 
Inspection fees for Certificate of Occupancy for new construction alteration/renovation shall be as follows:
1-2 Unit dwelling
$150
3-10 Unit dwelling
$200
11-20 Unit dwelling
$250
21-40 Unit dwelling
$300
41-100 Unit dwelling
$350
Over 100 Unit dwelling
$400 + 20 per unit
Educational:
0-5,000 square feet
$150
5,001-10,000 square feet
$200
10,001-20,000 square feet
$300
20,001 or more square feet
$400
Business, Factory, Mercantile, and Storage Buildings:
0-5,000 square feet
$150
5,001-10,000 square feet
$200
10,001-20,000 square feet
$250
20,001 or more square feet
$350
Assembly:
A-1
$300
A-2
$300
A-3
$350
A-4
$350
A-5
$400
Institutional:
I-1
$100
I-2
$200
I-3
$200
I-4
$200
High Hazard:
H-1
$500
H-2
$350
H-3
$300
H-4
$200
(n) 
The fee for an application for a variation in accordance with N.J.A.C. 5:23-2.10 shall be: $549.
(o) 
Certificate of Occupancy change of use: $100.
(p) 
The fee for a Temporary Certificate of Occupancy shall be: $30.
(1) 
The fee for the first issuance and the renewal of a Temporary Certificate of Occupancy shall not exceed: $30.
(2) 
Exception: There shall be no fee for the first issuance of the Temporary Certificate of Occupancy provided the Certificate of Occupancy fee is paid at that time.
(q) 
Zoning Permit: $50.
(r) 
The fee for all commercial, industrial and general business for a Certificate of Occupancy shall be: (change of ownership): $150.
(s) 
It will be the responsibility of all commercial, industrial and general business property owners to notify prospective tenants to obtain a Certificate of Occupancy for their proposed uses prior to opening. A fine of no less than $100 for each occupancy.
(t) 
The fee for a permit for installation of an elevator shall be: $200.
(u) 
The fee for a temporary structure (tents, etc.) shall be: $75.
(v) 
The fee for the installation of storage or utility shed accessory to R-3 and R-4 structures shall be: $85.
(w) 
Amendment a change of plan that already has been released: $50 p/h; Minimum of: $50.
2. 
Plumbing Subcode Fees:
The plumbing subcode fee shall be $15 per plumbing fixtures, device and plumbing stack to be installed, provided that the minimum fee shall be $50.
(a) 
Sewer line, curb to building:
(1) 
Single and two-family dwelling: $75.
(2) 
Commercial, industrial and apartments: $100.
(b) 
Water service line curb to building:
(1) 
Single and two-family dwelling: $75.
(2) 
Commercial, industrial and apartments: $120.
(c) 
Hot water heaters: $50.
(d) 
Tankless heaters: $50.
(e) 
For inspection of cross connection: $50.
(f) 
For fire line or sprinkler system: $150.
(g) 
For inspection of all gas appliances: $30.
(h) 
For water or sewer repair: $75.
(i) 
Generators-oil or gas system: $75.
(j) 
Refrigeration system: $30.
(k) 
Air condition systems:
(1) 
Commercial: $85.
(2) 
Residential: $90.
(l) 
Solar systems: $90.
(m) 
Incinerators - gas: $75.
(n) 
Crematories - gas: $75.
(o) 
Forced air furnace: $90.
(p) 
Grease traps: $90.
(q) 
The fee for a permit for installation of:
(1) 
Oil burner shall be (burner only): $50.
(2) 
Back flow preventer: $90.
(3) 
Steam boilers: $90.
(4) 
Hot water boilers: $90.
(5) 
Commercial boilers: $90.
(6) 
Yearly review of backflow devices (must be certified) testable ones: $90.
(7) 
Condensate lines - 2 unit @ 12 x 2 =: $24.
(8) 
Oil lines: $15.
(9) 
HVAC residential: $125.
(10) 
HVAC Commercial: $150.
(11) 
Sump/Sewer pumps: $90.
(12) 
Oil separators: $90.
(13) 
Refrigerator Units: $90.
(14) 
Utility Service Connection: $90.
3. 
Electrical Subcode Fees.
(a) 
Minimum fee per application: $50.
(b) 
Wiring, outlets and fixtures. All switches, lighting fixtures and receptacles shall be counted as outlets:
1 to 6 outlets: $50.
7 to 50 outlets or fractions thereof add: $50.
for each additional 25 outlets or fraction thereof: $10
(c) 
Appliance or motor wiring dwelling only:
Heating, cooling, cooking equipment, pumps, dryer, water heaters, less than
10 kW outlet for single unit: $50.
For each additional unit: $7
For each unit over 10 kW: $75
(d) 
Service entrance, panels - feeders:
(1) 
For each service entrance or service panel less than or equal to 200 amp: $65.
(2) 
For each service entrance or panel greater than 200 amp and less than 1,000 amp: $100
(3) 
For each service entrance, service panel or sub panel greater than 1,000 amp: $457.
(4) 
For each service with over three meters: add $7.
(e) 
Motors, motor controls, transformers, heating, AC units, generators, or other electrical devices and switches:
(1) 
For each motor, transformer or other device less than 1 HP or kW: $7.
(2) 
For each motor or electrical device greater than 1 HP or and less than or equal to 10 HP or kW: $10.
(3) 
For each motor or electrical device greater than 10 HP or kW: $65.
(4) 
For each motor or electrical service greater than 50 HP or kW and less than or equal to 100 HP or 112.5 kW: $120.
(5) 
For each motor or electrical device greater than 100 HP or 112.5 kW: $92.
Over 112.5 kW: $500
(f) 
Storable swimming pools: Above ground swimming pools with a maximum diameter of 18 feet and maximum height of 42 inches with a double insulated filter pump and cord with grounding cap and no light, a ground fault interrupter receptacle shall be required.
The fee shall be: $75
All other above ground pools exceeding the above dimensions shall be wired the same as an in-ground pool and the fee shall be the same as an inground pool.
(g) 
In-ground pools and spas: The fee for pool bonding, pool wiring with one filter motor, one receptacle and one light, motor, or other equipment the fee shall apply to indoor or outdoor pool or spa: $100.
(h) 
Hydromassage tubes (Jacuzzi or others) the fee for each unit: $30.
(i) 
Fire alarms and smoke detectors:
For installing from one to 10 units and control panel: $100.
For each additional device (for each additional unit): $10
(j) 
Residential smoke alarms, 1-5 units
1 to 12 detectors: $100
Additional units, each: $10
(k) 
Signs.
(1) 
Incandescent or fluorescent apply outlet fees divided by 4
(2) 
Neon signs zero to 10 amps: $30
(3) 
Over 10 amps add $5 for each additional amp Minimum fee shall be: $30.
(l) 
Telephone, data processing or intercoms:
Minimum fee shall be $30 apply for special fee
(m) 
Reinspection or reinspection of current:
Charge in relation to supervision - Not less than: $30.
For any equipment not previously approved, the schedule covering classification shall apply.
Primary transformers, vaults, enclosures, sub-stations and transformers:
Not over 200 Kva
$50
200 to 500 Kva
$75
500 to 1,000 Kva
$100
Over 1,000 Kva
$325
(n) 
Temporary and decorative displays. Temporary installations and decorative displays for not over 60 days, apply 50% of fee schedule for permanent work.
No charge less than: $50
(o) 
Special service and/or conditions not provided for in this schedule, apply for fee for weekends or holidays and after regular hours inspections.
4. 
Fire Subcode Fees:
Fire protections and other hazardous equipment, sprinklers, standpipes, pre- engineered suppression systems, gas and oil fired appliances not connected to the plumbing systems, kitchen exhaust systems.
(a) 
The fee shall be:
For 20 or fewer heads
$150
For 21 to including 100 heads the fee shall be
$200
For 101 to and including 200 heads the fee shall be
$300
For 201 to and including 400 heads the fee shall be
$650
For 401 to and including 1,000 the fee shall be
$900
For over 1,000 heads the fee shall be
$1,000
(b) 
The fee for each standpipe shall be: $350.
(c) 
The fee for each independent pre-engineered suppression system shall be: $150.
(d) 
CO Suppression, Halon Suppression Foam Suppression, Dry Chemical, Wet Chemical, Kitchen hood exhaust
The fee for each kitchen exhaust system: $100
(e) 
The fee for each gas or oil fired appliance that is not connected to the plumbing system shall be: $100.
(f) 
The fee for each incinerator shall be: $500.
(g) 
The fee for each crematorium shall be: $500.
(h) 
Installations and removal of oil, gasoline and propane storage tanks and pumps the fee shall be per tank: $100.
Additional $25 for additional tank
(i) 
For single and multiple station smoke or heat detectors and fire alarm systems in any one or two family dwellings, there shall be a flat fee of $100 per dwelling unit.
The fee for 1-12 detectors shall be: $100.
For each 25 detectors in addition to this shall be: $25.
(j) 
Tanks:
Oil-gas and propane tanks - Installation and removal shall be:
Tank fill: $100
Installation-per tank: $125
Removal: $120
5. 
Additional Inspections.
(a) 
For reported corrections of defects found in original installations (after second inspection and notice of corrections) charge minimum inspection fee of $30 for each additional inspection.
(b) 
The fee for permit for lead hazard Abatement shall be: $150.
(c) 
The fee for Lead Abatement Certificate shall be: $28.
(d) 
The fee for Asbestos Hazard Abatement.
Permit fee: $75
Certificate of Clearance: $25
(e) 
The fee for Radon Mitigation Work shall be: $100.
(f) 
Fee for Variation: $300.
[Ord. #1977]
Fire limits boundaries will be established pursuant to N.J.A.C. 5:23 after July 1, 1977.
[Ord. #1977]
The construction official shall prepare and submit to the Township of Belleville biannually, a report re-evaluating 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.
[Ord. #1831]
[1]
Editor's Note: Refer also to section 12-13 of this chapter for additional regulations pertaining to Unsafe Buildings.
[Ord. #1831 § 1]
a. 
All dwellings in the Township which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of adequate ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings unsafe or unsanitary, or dangerous or detrimental to the health or safety or otherwise inimical to the welfare of the Township residents shall be repaired, closed or demolished. "Dwelling," 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 buildings or appurtenances belonging thereto or usually enjoyed therewith.
b. 
All commercial and industrial buildings, together with any structures or appurtenances belonging thereto located in the Township, which are dangerous to life or health or which might tend to extend a conflagration, shall be repaired, closed or demolished.
[Ord. #1831 § 2]
The public officer of the Township who is hereby designated to exercise the powers prescribed herein shall be the building inspector.
[Ord. #1831 § 4]
Whenever a petition is filed with the building inspector by a public authority or by at least five Township residents, charging that any dwelling is unfit for human habitation or any commercial or industrial building or structure is dangerous to life or health, or that such building or structure might tend to extend a conflagration, the building inspector shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building inspector 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; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the building inspector.
[Ord. #1831 § 5]
If, after a notice and hearing the building inspector determines that the dwelling or other structure under consideration is unfit for human habitation, in the case of a dwelling, or is or may become dangerous to life or health or might tend to extend a conflagration, in the case of an industrial or commercial structure, 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:
a. 
If the repair, alteration, or improvement of the dwelling or other structure can be made at a cost which does not exceed 50% of the value of the building, the order shall require the owner within 90 days to repair, alter, or improve the building to the extent specified in the order.
b. 
If the repair, alteration, or improvement of the dwelling or other structure can only be made at a cost which exceeds 50% of the value of the building, the order shall require the owner within 90 days to remove or demolish the building.
c. 
If the owner has not removed or demolished the building within the aforesaid period of 90 days, the building inspector may file a complaint in the municipal court, charging the owner with failure to comply with this section.
d. 
In the event that the judge of the municipal court finds that the owner has violated this section, he may impose a penalty for such violation. This shall be a continuing violation and the building inspector is empowered to file additional complaints thereunder.
[Ord. #1831 § 6]
The building inspector 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 Township residents. Similarly, the building inspector may determine that a commercial or industrial building is unfit for use if he finds that conditions exist in such a building that are dangerous to life or health or might tend to extend a conflagration. Such conditions may include the following without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation, disrepair, structural defects, uncleanliness.
[Ord. #1831 § 7]
If the owner fails to comply with an order to repair, remove, or demolish a dwelling, or a commercial or industrial building, the building inspector may cause such structure to be repaired, removed or demolished.
[Ord. #1831 § 8]
The amount of the costs of such repairs, alterations, or improvements, or of vacating and closing or removal or demolition, shall be a Township lien against the real property upon which such cost was incurred. If the dwelling or commercial or industrial building is removed or demolished by the building inspector, he shall sell the materials of such building 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 Chancery Court by the building inspector, shall be secured in such manner 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 or decree of such court; provided, that nothing in this subsection shall be construed to impair or limit in any way the power of the Township to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise.
[Ord. #1831 § 9]
Complaints or orders issued by the building inspector shall be served upon persons either personally or by registered or certified mail, but if the whereabouts of such persons is unknown and the same cannot be ascertained by the building inspector in the exercise of reasonable diligence, and the building inspector makes an affidavit to that effect, then 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 printed and published in the Township, and a copy of such complaint or order shall be posted in a conspicuous place on the premises affected by the complaint or order. A copy of such complaint or order shall be duly recorded or lodged for record with the Register of Deeds for Essex County.
[Ord. #1831 § 10]
The building inspector is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of R.S. 40:48-2.3 to 40:48-2.12, in addition to the power herein granted, including the following powers:
a. 
To investigate the conditions of dwellings and commercial and industrial structures in the Township, in order to determine which dwellings therein are unfit for human habitation and which commercial and industrial structures are or may become dangerous to life or health, or which might tend to extend a conflagration;
b. 
To administer oaths, affirmations, examine witnesses, and receive evidence;
c. 
To enter upon premises for the purpose of making examinations, provided that same be made in such manner as to cause the least possible inconvenience to the persons in possession.
[Ord. #1831 § 11]
Any person affected by an order of the building inspector may petition the Chancery Court for relief in accordance with R.S. 40:48-2.8. The remedies herein provided shall be exclusive remedies and no persons affected by an order of the building inspector shall be entitled to recover any damages for action taken pursuant to any order of the building inspector, or because of noncompliance by such person with any order of the building inspector.
[Ord. #576]
[Ord. #576 § 1; Ord. No. 3357]
The numbers of all buildings and lots within the Township shall correspond with the street numbers on the tax maps of the Township filed in the office of the tax assessor, and all property owners shall number their buildings in conformity with the street numbers as designated on the tax maps.
[Ord. #576 § 2; Ord. No. 3357]
No owner of any building erected in the Township shall fail to number his building in conformity with the street numbers designated on the Township tax maps.
[Ord. No. 3357]
Any person who violates or fails or refuses to comply with this section shall be liable to a penalty of $25.
[Ord. 12/23/35; Ord. #1347]
[Ord. 12/23/35 §§ 1, 2, 3]
As used in this section:
a. 
OIL BURNERS - Shall mean any device designed and arranged for the purpose of burning or preparing to burn fuel oil as specified in subsection 12-4.2, and having a tank with a total capacity of more than 10 gallons connected thereto.
b. 
FUEL OIL - Shall mean any liquid used as a fuel and having a flash point not less than 100° F. The Pensky-Martens closed cup tester shall be authoritative. The test shall be made in accordance with the methods of test adopted by the American Society of Testing Materials.
c. 
OIL BURNING EQUIPMENT - Shall consist of oil burners and all equipment connected thereto including internal and external supply or storage tanks, piping, wiring and all accessories.
[Ord. #1347 S 1; Ord. 12/23/35 § 4]
a. 
It is unlawful for any person to install any oil burner unless there is issued a certificate of approval, application for which shall be filed with the building inspector. Inspection of the oil burners is to be made under the supervision of the director of public safety or an officer to be designated by him in his department. No certificates of approval are to be issued by the inspector of buildings without the approval of the installation being obtained from the director of public safety or his designated inspection official. All applications shall state whether burner is new or used.
b. 
No oil burner shall be installed unless it has been listed as standard by Underwriter's Laboratories. Oil burners suspended from the ceiling are prohibited.
c. 
The fee to be paid for the permit set forth herein shall be for the sum of $5, and shall include two inspections of the installation, one of which shall be made prior to the covering of the underground work, and one after the burner is ready for operation. Inspection shall not be made unless the permit for installation is in evidence.
d. 
If it is desired to replace the burner or storage tank in a previously approved installation, a permit for such installation shall be obtained from the building inspector and a fee of $2.50 shall be paid, which shall cover the cost of all necessary inspections and approval of the new installation. When a tank is replaced it shall be removed from the premises before final approval of the new tank can be given.
e. 
Whenever it is necessary to place the storage tank for any fuel oil burner on the street or sidewalk abutting on premises where such installation is sought, it shall also be necessary to secure a permit from the department of public works before the street or sidewalk can be opened for such installation. Every owner or agent desiring the street opening for such purpose shall guarantee the proper replacement of the pavement or sidewalk in accordance with the rules and regulations of the department of public works, and shall pay for every such permit the sum of $2.
f. 
All inspection certificates shall show the manufacturer's name and the serial number of the burner thereon.
g. 
A certificate of inspection by the Middle Department Association of Fire Underwriters for all electrical wiring and equipment shall be in evidence before final approval of the installation can be given.
[Ord. #1347 S 2; Ord. 12/23/35 § 5]
a. 
Tanks shall be constructed of galvanized steel, open hearth steel or wrought iron of a minimum gauge (U.S. Standard) or thickness depending on the capacity as given in the table below.
1 to 285 gallons
14 gauge
286 to 560 gallons
12 gauge
561 to 1,100 gallons
10 gauge
1,101 to 4,000 gallons
3/16 inch
4,001 to 12,000 gallons
1/4 inch
b. 
For tanks of 1,100 gallons and more, a tolerance of 10% in capacity may be allowed.
c. 
All joints shall be riveted and caulked, brazed, welded or made tight by some equally satisfactory process. Tanks shall be tight and sufficiently strong to bear without injury the most severe strains to which they may be subjected in practice. Shells of tanks shall be properly reinforced where connections are made. All connections shall be made through the top of the tank above the liquid level.
d. 
Underground tanks shall be thoroughly coated on the outside with asphaltum or other suitable rust-resisting material.
[Ord. #1347 § 3; Ord. 12/23/35 § 6]
a. 
Outside Tanks.
1. 
Tanks shall be buried with tops not less than two feet below surface of the ground and below the level of any piping to which the tanks may be connected, except that in lieu of the two foot cover, tank may be buried under 12 inches of earth and a cover of reinforced concrete at least five inches in thickness, which shall extend at least one foot beyond the outline of tank in all directions; concrete slab to be set on firm, well tamped earth foundation. Tanks shall be securely anchored or weighted in place to prevent floating where conditions warrant.
2. 
Where a tank can not be entirely buried it shall be covered with earth to a depth of at least two feet and sloped on all sides, slopes to be not less than three to one. Such cases shall also be subject to such other requirements as may be deemed necessary by the building inspector.
b. 
Inside Underground Tanks. When buried underneath a building, the tanks shall be buried with the top of tanks not less than one foot below the level of the floor. The floor immediately above the tanks shall be of reinforced concrete at least five inches in thickness or some other type of construction of equivalent strength and fire resistance, extending at least one foot beyond the outline of tanks in both directions, and provided with ample means of support independent of any tank. All provisions applying to outdoor underground tanks shall apply to inside underground tanks as provided above.
c. 
Inside Storage Tanks. Inside storage tanks are prohibited.
[Ord. #1347 § 4]
All storage tanks shall have an open or automatically operated vent pipe of ample size to prevent abnormal pressures in case of fire when filling. In no case shall this be less than 1 1/4 inch galvanized iron pipe. The lower end of the vent pipe shall extend through the top of the tank for a distance of not more than one inch. The vent pipe shall extend from the tank to a point outside the building one foot above the level of the highest reservoir from which the tank may be filled, and not less than three feet above the ground and not less than two feet measured vertically or horizontally from any window or other building opening. Outer end of the vent pipe, unless automatically operated, shall be provided with a weatherproof hood.
[Ord. 12/23/35 § 8]
Filling terminal shall be equipped with a cap of a design which would prevent tampering and shall be set at least six inches above ground level to prevent water infiltration, unless installed in a counter sunk fill box. The filling pipe shall in all cases terminate outside of the building and shall be as remote as possible from doorways or other building openings.
[Ord. #12/23/35 § 9]
No glass gauges, or any gauges the break of which will permit oil to escape from the tank shall be used. Test wells shall not be located within buildings and shall be closed tight with a metal cover or cap when not in use.
[Ord. 12/23/35 § 10]
A scavenging line, installed in connection with tank located within a building may be used and shall terminate outside the building. It shall be capped oil tight when not in use.
[Ord. #12/23/35 § 11]
All pumps whether manually or automatically operated shall be of an approved type and rigidly fastened in place.
[Ord. #1347 § 5; Ord. 12/23/35 § 12]
a. 
Brass pipe with substantial fittings, brass or copper tubing with approved fittings, shall be used and shall be carefully protected against any mechanical injury in a manner satisfactory to the authorities having jurisdiction. In all piping systems proper allowance shall be made for expansion and contraction, jarring and vibration.
b. 
Brass or copper tubing shall have a wall thickness of not less than 0.049 inch for small sizes and correspondingly heavier where necessary.
c. 
All piping shall be separated from electric wiring, not enclosed, as provided in the National Electrical Code, or any code locally in force.
d. 
Supply pipes shall be not less than 3/8 inch diameter, iron pipe size, and when oil is pumped to burner, return pipes shall be at least the same size.
e. 
Opening for pipes through masonry walls below the ground level shall be made oil and water tight, and securely packed with flexible material.
f. 
All connections shall be made perfectly tight with well fitted joints. Union shall be used as burners to facilitate removal. All unions shall be of approved type, having conically faced ground joints.
g. 
Piping shall be run as directly as possible and in case of pumping systems, so laid that if practicable the pipes are pitched back toward the storage tanks without traps.
[Ord. #1347 § 6; Ord. 12/23/35 § 13]
a. 
Readily accessible valves shall be provided near each burner and also close to the auxiliary tank in the pipe line to burners. Valves shall be fusible and of a type approved by the Underwriters' Laboratories. The use of packing affected by oil or heat is prohibited.
b. 
Means for the remote control of the flow of oil through the burner should be provided for in case of emergency and a sign indicating its purpose should be located at the control device.
(Note): A switch in the motor supply circuit may service this purpose for an electrically driven equipment. The switch shall be placed at the entrance to the boiler room, or as directed by the building inspector.
[Ord. 12/23/35 § 14]
a. 
All oil burners shall be equipped with an automatic device to shut off the burner in the event of undue pressure in a steam boiler or overheating within a hot water boiler or warm air furnace.
b. 
Electrical wiring used in connection with oil burning equipment shall be installed in accordance with the National Electric Code.
c. 
No oil burner shall be installed in any boiler or heater until such boiler or heater has been inspected by the oil burner installer and found safe for such installation.
d. 
All boiler or furnace room shall be provided with adequate ventilation to assure continuous and complete combustion.
e. 
It shall be the duty of the building inspector to interpret these rules in a manner that is consistent with safety and good practice, as determined by Underwriter's Laboratories.
f. 
A printed copy of the rules and instruction of the manufacturer shall be conspicuously posted near the oil burner, and the permit for the storage of oil fuels shall be likewise displayed.
[Ord. #1347 § 6; Ord. 12/23/35 § 14]
Dampers which may entirely close the chimney uptake are prohibited. No damper area shall be greater than 80% of the internal cross section the uptake. Draft-o-stat shall be installed.
[Ord. #1347 § 7; Ord. 12/23/35 § 16]
a. 
No combustible material shall be stored within 10 feet of a furnace door.
b. 
Any woodwork, wooden lath and plaster partition or other combustible material within four feet of the sides or back or eight feet from the front of the furnace shall be covered with approved plaster board or other approved incombustible material. Above the furnace there shall be constructed a ceiling consisting of plaster board or three-fourths inch Portland Cement plaster on metal lath; the ceiling shall extend four feet beyond the sides and back and eight feet from the front. The ceiling shall also cover space above smoke pipes, so that ceiling above smoke pipes shall be of such construction two feet on each side of the smoke pipe. All of the provisions herein shall be fully complied with before any oil burner is operated.
[Ord. 6/24/47; Ord. #1127; Ord. #1361]
[Ord. 6/24/47 § 1]
No building or premises shall be used, and no building shall be erected which is arranged, intended or designed to be used as a motor vehicle service station unless permission is obtained from the Township Council pursuant to the procedure herein outlined.
[Ord. 6/24/47 § 2]
Any person desiring to use any premises or to construct and erect any building arranged, intended or designed to be used as a motor vehicle service station, or gasoline or oil filling station shall make application in writing to the Township Council setting forth in the application the character of the building intended to be constructed on the premises to be used, a plot plan showing the location of the building on the premises to be used, the street entrances and the dimensions of the same, the width of the street upon which the building fronts and the location and kind of structure of all buildings within 200 feet of the property intended to be used.
[Ord. 6/24/47 § 3]
After filing of an application the Township Council shall fix a time and place not exceeding 60 days from the date of filing the application at which time and place the Township Council shall hold a public hearing on the application and the applicant shall receive due notice thereof. The applicant shall, at least five days prior to the time appointed for the hearing, give personal notice of the hearing to all property owners within 200 feet of the property upon which the building is intended to be located. Such notice shall be given either by handing a copy thereof to the property owners or leaving a copy thereof at their usual place of abode, if the owners are the occupants of the property affected by the application or are Township residents. Whenever the owners are nonresidents, such notice may be given by sending written notice by registered mail to the last known address of the property owner as shown by the most recent Township tax lists. Where the owner is a partnership, service upon any partner shall be sufficient and where the owners are corporations, service upon any officer shall be sufficient. The applicant shall, by affidavit, present satisfactory proof to the Township Council at the time of the hearing that the notices have been duly served as aforesaid.
[Ord. 6/24/47 § 4]
Recognizing the necessity for motor vehicle service stations and gasoline or oil filling stations and at the same time that they may be inimical to the public safety and general welfare if located without due consideration of the conditions and surroundings, the Township Council, after duly considering the location and physical characteristics of the building intended to be used or erected and the traffic, fire and other hazards, conditions and surroundings incident to the operation of the proposed motor vehicle service station, or gasoline or oil filling station and the public health, public safety, public convenience and the general welfare of the community, shall grant a permit, if in the board's judgment, such building and use shall not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.
[Ord. #1127 § 1; Ord. #1361 § 1]
No building permit to erect a motor vehicle service station shall be granted unless the land upon which the proposed motor vehicle service station is to be constructed shall have a street frontage of at least 80 feet and a minimum depth of at least 100 feet. If the land upon which the proposed motor vehicle service station is to be constructed is located on a corner lot at a street intersection, it shall have minimum dimensions of 5,000 square feet and the frontage of the lot on any street shall be not less than 60 feet.
[Ord. 6/24/47 § 6]
The purpose of this section is to set forth a complete and comprehensive scheme of orderly procedure for obtaining building permits for motor vehicle service stations from the Township Council, and any prior ordinance inconsistent with the terms hereof, including the Township zoning ordinance, is subordinate hereto.
[Ord. #1460]
[Ord. #1460 § 1]
The owner or tenant of any business in a business zone may, in connection with any land in close proximity to or adjacent to such business, by purchase or lease provide for parking facilities for the customers of the business by constructing and erecting parking facilities in existing business zone.
[Ord. #1460 § 2]
No parking facilities shall be used unless permission is obtained from the Township Council pursuant to the procedure herein outlined.
[Ord. #1460 § 3]
Any person desiring to use premises to provide for parking facilities as set forth above shall submit a blueprint of the proposed parking area to the Township Council; the aforesaid blueprint shall be submitted at least two weeks prior to the issuance of permission.
[Ord. #1460 § 4]
The parking area shall have a surface course of one inch type A bituminous concrete on three inch modified penetration concrete, or shall be surfaced with material which is equal in durability. Retaining walls shall be erected on the parking lot sufficient to protect adjacent properties. There shall be erected curbing with a minimum height of 18 inches on interior boundary lines of the parking lots.
[Ord. #723; Ord. #1077]
[Ord. #723 § 1]
Whenever a person has excavated for a cellar on any premises in the Township, and no building or structure has been commenced thereon within 90 days after such excavation, constituting thereby, after confirmatory examination by the director in charge of building department, a public hazard or nuisance, it is the duty of the director in charge of building department to notify the owner of the premises, and also the person that did such excavating, or has charge thereof, if they can be ascertained, to proceed forthwith with the construction of the building, so that the excavation may be covered, or in the alternative to fill in the excavation with fresh earth, ashes or cinders, and to eliminate the hazard and nuisance of such excavation.
[Ord. #723 § 2]
Service of such notice shall be in person, if such person is a Township resident, and if not by mailing by registered mail to the last known address. In the event the address cannot be ascertained, service may be made by posting on the premises, and in two other public places in the Township, and by publishing a copy of the notice at least once in a newspaper published and circulating in the Township.
[Ord. #723 § 3]
Such notice shall substantially direct the person to whom it is addressed to complete the construction of the building, or cover the excavation, or fill in the same with fresh earth, ashes or cinders, and remove the hazard and nuisance created by such excavation, and shall direct that the excavation be so covered or filled within 30 days from the time of the service of such notice, and that upon failure so to do, the director in charge of building department, or his designee, may enter the premises and employ such labor and furnish such materials as may be necessary properly to fill the excavation, the cost thereof to be charged as a lien against the premises.
[Ord. #723 § 4]
After service of such notice, if the work of covering or filling in the excavation, in the manner and within the time provided in the notice, is not done by the person having charge of such construction or of such excavation, then the director in charge of building department, or his designee, may proceed to fill in the excavation with fresh earth, ashes or cinders, to an extent sufficient to eliminate the hazard, danger or nuisance created by the excavation. The director in charge of building department, or his designee, shall keep a true and accurate account of the cost of the labor and materials.
[Ord. #1077 § 1]
Before making any major excavation on any plot of ground in the Township and a major excavation shall be defined as one which is more than two feet below street level and has a surface dimension of more than 16 square feet, a permit for the excavation shall be obtained from the building department. The application for such permit, in the event the excavation is for a purpose other than a cellar, shall show the dimensions of proposed excavation and shall set forth the purposes for which the excavation is being made. No owner or builder, or any person shall make such an excavation without obtaining a permit.
[Ord. #1864]
[Ord. #1864 § 1]
Every officer, board, department, commission or commissions of the Township, charged with the duty of preparing specifications, or awarding or entering into contracts for the design, erection or construction of buildings, or other structures, including additions to existing structures, for the Township, shall incorporate or cause to be incorporated in such buildings, or other structures, fallout protection for at least its normal anticipated population which shall meet or exceed the minimum space and fallout protection criteria recommended by the Office of Civil Defense, United States Department of Defense, unless exempted from such shelter requirement.
[Ord. #1864 § 2]
The Mayor of the Township may exempt buildings or structures from this requirement where he finds that such incorporation of fallout shelter will create an additional net cost in the construction of such structure in excess of 2% of the estimated cost thereof without shelter so incorporated, or that other factors as he may determine make unnecessary or impracticable the incorporation of the fallout shelter in such structure.
[Ord. #1864 § 3]
It is the policy of the Township that fallout shelter be incorporated in all public buildings of the Township to the fullest extent practicable, in order to provide protection against radiation for the greatest number of people in the event of nuclear emergency.
[Ord. #1580; Ord. #2015]
[Ord. #1580 § 1]
PRIVATE SWIMMING POOL
Shall mean an artificially constructed outdoor structure or area intended for bathing or swimming purposes, having any depth below the grade or level of the ground or area surrounding the same, established or maintained upon private property by any individual for his own or his family's use or guests of his household.
[Ord. #1580 § 2]
All private swimming pools now existing or hereafter constructed or installed shall be enclosed by a permanent fence of durable material which shall be no less than 4 1/2 feet in height, and any opening or mesh in any such fence shall not be greater than four inches in area. Such fence shall be so constructed as to prevent any person from gaining access to the pool beneath or through the same and shall have a gate of the same height as the fence constructed of the same material, with facilities for locking such gate when the pool is not in use or is unguarded or unattended.
[Ord. #2015 §§ 1, 2]
The Code entitled "Swimming Pool Code of New Jersey - 1970" was approved by the State Department of Health and shall be adopted in full by reference.
Any person, firm or corporation found guilty of violating any provision of the Swimming Pool Code shall be subject to a fine of not less than $50 nor more than $500.
[Ord. #1038 §§ 1, 2]
Setback lines are established on Belleville Avenue, in the Township, between Union Avenue and Washington Avenue, in accordance with a map entitled, "Proposed building line on Belleville Avenue, Belleville, Scale 1" - 20' dated January 31, 1944 signed by William A. Stickel, County Engineer" which map is made part of this section. No buildings or structure, or part thereof, or appurtenant thereto, shall be erected, altered or placed within the foregoing setback lines. Neither shall any use be permitted on the lands included within the setback line inconsistent with the public use thereof.
[Ord. #1923]
[Ord. #1923]
It is necessary that certificates be furnished upon request for various properties in the Township as to their location in flood areas as set forth on the Federal Insurance Administration Flood Hazard Boundary Maps.
[Ord. #1923 § 1]
The engineering department in the department of public works shall furnish upon request a certificate identifying properties as to their locations in regards to flood areas as set forth on the Federal Insurance Administration Flood Hazard Boundary Maps.
[Ord. #1923 §§ 2, 3]
The official appointed by the director of the department of public works to issue these certificates shall receive and deposit with the tax collector prior to the issuance of the certificates, a fee in accordance with said schedule for official searches for municipal liens as set forth in N.J.S.A. 54:5-14, as amended. The fees for certificates as listed in this ordinance shall be in addition to any other fees for official searches for municipal liens.
[1]
Editor's Note: Prior source history includes Ord. Nos. 1948; 1971; 2023; 2164; 2175; 2491; 5/27/80; 2609; 2619; 2683; 2937; 3125; 3235; 3267.
[Ord. No. 3328; Ord. No. 3471]
The Governing Body of the Township of Belleville in April of 1974, April 27, 1976, October 24, 1978, April 10, 2007, May 22, 2012 and October 23, 2012 found and affirmed that a housing crisis existed and that the demand for increases in rent were exorbitant, speculative and unfair, and the Governing Body of the Township found and declared that under the police powers granted to the Mayor and the Governing Body of the Township under N.J.S.A. 40:48-2, in order to protect and promulgate the health and welfare of the citizens of the Township, a rent leveling board was declared to be necessary within the Township, and the Governing Body thereafter adopted an ordinance referred to in the title hereof for the purpose of regulating rents.
[Ord. No. 3328]
The Governing Body of the township now finds and declares that the condition with respect to multiple dwelling housing space in the Township, continues to exist in the Township and that legislative action in the exercise of the municipal police power continues to be essential to protect the health, safety and welfare of the citizens of the Township.
[Ord. No. 3328; Ord. No. 3471]
As used in this section: All newly constructed dwelling units shall be exempt from this Chapter for 36 months commencing at time of first occupancy of each unit, and thereafter such unit(s) shall be subject to the provisions of this Chapter.
All "substantially rehabilitated" dwelling units shall be exempt from this chapter for 12 months commencing the date of occupancy after rehabilitation. Qualification for this exemption only applies in instances wherein there are four or more rental units on the same property and where the bona fide cost of improvements to same are at least 75% of the assessed property value on said property.
a. 
HOUSING SPACE - Shall mean and include that portion of a dwelling rented, offered or available for rent for residential living purposes to one individual or family unit together with all privileges, services, furnishings, furniture, equipment, facilities and improvements connected with the use and occupancy of such portion of the property.
b. 
MULTIPLE DWELLING - Shall mean and include any building or structure containing housing space, rented, offered or available for rent. Exempt from this section are one, two, and three-family dwellings, and four-family dwellings where one unit is owner occupied, or occupied by a member of the owner's immediate family (parent, spouse, child).
c. 
AVAILABLE FOR RENT - Shall mean fit for habitation as defined by the statutes, codes and ordinances in full force and effect in the State of New Jersey, County of Essex and Township of Belleville and occupied and offered for rent.
d. 
NOTICE - Shall mean written notice to tenant or landlord which is mailed to the tenant's residence or to the landlord's address, as set forth in the registration form by ordinary mail and with adequate proof of service stating that notice to the tenant or landlord was mailed.
e. 
LANDLORD - Shall mean an owner, lessor, sub-lessor or any other person entitled to receive rent for the use and occupancy of any housing space or an agent, or occupant of any housing space or an agent or successor of any of the foregoing.
f. 
TENANT - Shall mean a tenant, sub-tenant, lessee, sub-lessee or any other person entitled under the terms of a housing agreement to the use or occupancy of any housing space.
g. 
RENT - Shall mean the consideration, including any bonus, benefits or gratuity demanded or received for or in connection with the use or occupancy of housing space or the transfer of a lease of housing space, including but not limited to monies demanded or paid for tax surcharge, parking, pets, the use of furniture, air conditioners, swimming pools or other recreational facility, improvements or amenities connected with the use of the housing space whether mandatory or voluntary.
h. 
PERIODIC TENANT - Shall mean any month-to-month tenant or any tenant at will, or sufferance, or any tenant having a lease for a term of less than one year.
i. 
MAJOR CAPITAL IMPROVEMENT - Shall mean an improvement, which permanently adds to the value or useful life of the property and resulted in an expenditure in excess of $5,000 for any such completed improvement.
[Ord. No. 3328]
Establishment of rents between a landlord and a tenant to whom this section is applicable, shall hereafter be determined by the provisions of this section. At the expiration of a lease or at the termination of the lease of a periodic tenant, or at the annual anniversary of a lease for a term of more than one year (if the lease so provides), no landlord may request or receive a percentage increase in rent which is greater than 4%.
Periodic tenants will be included under this section and shall be entitled to the same protection as tenants under lease except that a landlord seeking an increase with respect to periodic tenants shall give said tenants 30 days' notice with respect to any proposed increase in rent.
[Ord. No. 3328; Ord. No. 3471]
Any rental increase at the time other than the expiration of a lease or termination of a periodic lease shall be void and must be returned to the tenant or tenants. For purposes of determining whether a rental increase is in excess of that authorized by the provisions of this section, the rent leveling board shall determine and establish the rent for the housing space as of January 1, 2010 which shall be considered the base rent.
In the event the rent leveling board shall determine that a tenant is entitled to a rental rebate resulting from an overcharge in rental for housing space, such rebate shall be made only for the two-year period preceding the date on which the tenant's complaint was filed or the landlord's hardship petition was filed. The board may also cause a complaint to be issued in the Belleville Municipal Court for violation of this section where a landlord has charged rent for a period in excess of two years which rent is in excess of that which is or was permitted by this section.
In the event a tenant shall file a complaint charging a landlord with rental overcharge more than 60 days after such tenant has vacated a unit of housing space located in a multiple dwelling, then such tenant shall not be entitled to any rebate as provided in this section.
[Ord. No. 3328]
A vacancy in housing space shall not relieve the landlord from the controls of this section as to such housing space.
[Ord. No. 3328]
Where a landlord, because of unusual circumstances, is agreeable to forego the maximum allowable rent, he shall apply to the Rent Leveling Board setting forth the reason therefor in order to protect the base rent so that the higher rent is not waived as the base of a future rent.
[Ord. No. 3328]
Where a tenant requests a personalized service for furnishing furniture, equipment, facilities, alterations or improvements in the subject housing space, which is unique, and the tenant has negotiated at arms length with the landlord a mutually satisfactory agreement with the landlord as to a price and terms of payment, such agreement shall not be deemed as part of rent and shall require prior approval of the rent leveling board.
[Ord. No. 3328]
The rental for housing space shall not be increased more than 5% in any consecutive 12 month period irrespective of the number of different tenants occupying said housing space during said 12 months.
[Ord. No. 3328]
Any landlord seeking an increase in rent shall give notice to the tenant by certified mail, return receipt and, contemporaneous first class mail of the calculations involved in computing the increase, and shall in the case of a tenant under lease, notify said tenant 90 days prior to the expiration of the lease of the proposed increase.
[Ord. No. 3328]
There is hereby created a Rent Leveling Board within the Township of Belleville, which shall consist of seven members and three alternate members. All members and alternate members must maintain their principal residence in the Township of Belleville.
The Rent Leveling Board shall reorganize once per year during the month of July.
The members and alternate members of the Board shall be appointed by the Governing Body of the Township and shall serve without compensation. The regular membership of the Board shall consist of two landlords, two tenants and three single-family homeowners. The alternate members shall consist of a landlord, a tenant, and a single-family homeowner. The term of office shall be for two years and shall continue until an appointment is made to fill any unexpired terms. The members and alternate members serving on the Rent Leveling Board at the time this ordinance is enacted shall continue in that capacity until the expiration of their present terms. In the event that a member cannot attend a meeting, and an alternate is called to serve at a meeting, the Board shall first contact the alternate with the same living status as the absent Board member whenever possible. In the event a member of the Rent Leveling Board misses five meetings within one year, such absences shall constitute good cause for removal and that member may be removed by the Municipal Council by Resolution.
The Rent Leveling Board is hereby granted, and shall have and exercise, in addition to other powers herein granted, all powers necessary and appropriate to carry out and execute the purposes of this section, including but not limited to the following;
a. 
To issue and promulgate such rules and regulations as it deems necessary to implement the purpose of this section, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in the exercise of its discretion, providing that such rules and regulations are filed with the Township Clerk.
b. 
To supply information and assistance to landlords and tenants to help them comply with the provisions of this section.
c. 
To hold hearings and adjudicate applications from landlords for additional rent as determined by subsection 12-12.13 of this section.
d. 
To hold public hearings and adjudicate applications from tenants for reduced rentals.
e. 
To enforce the provisions of this section and to initiate proceedings in the Municipal Court for willful violations thereof.
f. 
To issue subpoenas to compel the attendance of witnesses and the production of books and records in connection with hearings held pursuant to the provisions of this section.
g. 
Four Board members shall constitute a quorum. A majority of the quorum shall be required for a decision of the Board, including decision on all motions, orders and rulings of the Board. The Rent Leveling Board shall be given reasonable opportunities to be heard by both landlord and tenant before making any determination.
h. 
A representative or representatives to be selected by the Board may be authorized to investigate complaints within the jurisdiction of the Rent Leveling Board and confirm the information listed on applications for rental increases pursuant to the terms of subsection 12-12.13 of this section.
i. 
The Board may schedule a pre-hearing conference with one member of the Rent Leveling Board and the Rent Leveling Board attorney with the applicant and applicants for the purpose of reviewing the application and determining the ability of the applicant to proceed on the scheduled hearing date.
j. 
The landlord shall comply with N.J.A.C. 5:28-1 et seq.
[Ord. No. 3328; Ord. No. 3471]
All owners of property within the Township, whose rents are subject to this section, shall register the property with the Township Clerk. The registration form shall include the following:
a. 
The address of each dwelling unit.
b. 
The name, usual address and telephone number of the owner of the property.
c. 
The name, usual address and telephone number of the owner or person who is authorized to act for and on behalf of the owner for the purpose of receiving service of process and for the purpose of receiving and receipting all notices and demands.
d. 
The rent of each unit on January 1, 2010 dictating what utilities, services, etc. were included therein.
e. 
The rent as of the date of registration indicating what utilities, services, etc. were included therein.
f. 
The housing services provided for each unit or the occupants or tenants thereof, indicating which of these services are included in the rental figure.
g. 
No earlier than August 1st of each year and not later than October 1st of each year, every owner or managing agent of multiple dwellings shall file an annual statement on a form approved by the Rent Leveling board setting forth the rent for each unit of housing space as of the date of the statement and shall further set forth any amendments or corrections to the registration statement already on file for such multiple dwelling as otherwise required in this section. The annual statement herein required shall set forth the date and amount of any proposed or anticipated rental increase in the succeeding eighteen-month period. The annual statement shall include a certified statement setting forth all services included in the rent charged and further statement of any surcharges imposed and the service provided for such surcharge. A copy of the annual statement filed with the Township Clerk shall be provided to each tenant. The annual statement shall be accompanied by a $10 per unit filing fee.
The registration forms shall be provided by the Clerk to the Board. A copy of these regulations shall be kept at the office of the Township Clerk and shall be open for public inspection and copying.
[Ord. No. 3328]
In the event a landlord cannot realize a just and reasonable return on his property after taking into account income and expenses, the Board may grant the landlord a hardship rent increase for good cause shown. Prior to any such appeal to the Rent Leveling Board, a landlord must serve notice on all affected tenants at least 10 days prior to the hearing date and the landlord must post in the lobby of each building or if no lobby is present, in a conspicuous place in and about the premises, a notice of said appeal, setting forth the basis for said appeal. Said notice must be posted for at least 10 days prior to the publishing date of the appeal. The affected tenants shall have the right to challenge the basis of the facts for the hardship increase on the hearing date thereof. A just and reasonable return shall take into consideration, among other factors, the value of the property, the reasonable expenses of operation, the income, and the rate of return. The rate of return should be generally commensurate with returns on investments in other enterprises having comparable risks.
In computing rental increase or rental rebate as provided under this section, the amount so computed shall be rounded off to the nearest dollar.
A landlord shall be limited to allowance of one hardship rent increase within any twelve-month period.
The Board may review any hardship rent increase in excess of 15% after 12 months from date of the granting of such increase.
Fair market value shall mean assessed value, as that value is set forth on the official tax records of the Township of Belleville. In the event a petition or complaint has been filed with the County Board of Taxation or a court of appropriate jurisdiction challenging the assessed value for such property, fair market value shall mean the value alleged by the landlord in his petition or complaint filed with the County Board of Taxation or a court of appropriate jurisdiction or the value alleged by the landlord in any expert's report or pleading which he shall file with the County Board of Taxation or a court of appropriate jurisdiction. All such pleadings, reports, petitions and other documents deemed necessary by the Rent Leveling board to establish the petitioner's alleged fair market value must be filed by the landlord with his petition for a hardship rental increase pursuant to this section. In the event a judgment is rendered by the County Board of Taxation or a court of appropriate jurisdiction during the twelve-month period within which a hardship increase has been granted based upon the fair market value as alleged by the landlord in his pleadings or petition before the County Board of Taxation or court of appropriate jurisdiction, and in the event such judgment is final in all regards and has not been nor can be appealed by the landlord, and the judgment rendered varies from the value relied upon by the Rent Leveling Board for purposes of determining the hardship rent petition filed by the landlord, the landlord may petition the Rent Leveling Board to recalculate his hardship petition based upon the value established by such final judgment of the County Board of Taxation or a court of appropriate jurisdiction.
In the event a petition or complaint has been filed with the County Board of Taxation or a court of appropriate jurisdiction challenging the assessed value of such property at a time following the allowance of a hardship rent increase by the Rent Leveling Board wherein assessed value has been relied upon to determine the landlord's allowable return pursuant to the formula set forth in this section, the landlord shall be brought before the Rent Leveling Board for the purpose of re-calculating the hardship petition as if the petition or complaint challenging the assessed value for such property had been filed at the time of the granting of the hardship increase. The Board may order a rebate for all rents collected by the landlord in excess of the recalculated hardship increase.
Any recalculations of a hardship petition which shall be made following a final judgment by the County Board of Taxation or a court of appropriate jurisdiction shall be prospective in application and not retroactive.
a. 
Any increase granted pursuant to this section shall be built into base rent for purposes of calculating future rent increases.
b. 
In any hardship request, the Board shall determine the reasonableness of the landlord's data, figures and calculations and may, in its discretion, make adjustments that it deems necessary.
c. 
The Board may refuse to grant a hardship increase if the property is not in substantial compliance with State and local building codes. The term "substantial compliance" means 90% qualitatively free of code violations and free of all conditions that threaten health, safety and welfare, such as lack of heat, hot water or electrical hazards.
d. 
Upon application to the Rent Leveling Board for a hardship increase, the landlord or his agent, must present to the Rent Leveling Board documentation or other proof that there are no pending violations against the property from the Department of Community Affairs, Bureau of Housing of the State of New Jersey and the construction code enforcement official, health and fire departments of the Township of Belleville. No applications will be granted, or in the discretion of the Rent Leveling Board be heard until said violations, if any, have been corrected.
e. 
Within 90 days of the receipt of a completed application, the Board shall render a decision on the same.
[Ord. No. 3328]
A landlord may seek additional rent for major capital improvements or service. The landlord must serve notice on each tenant of the total cost of the complete capital improvement as claimed by the landlord for the purposes, the average cost of the improvement, the total number of square feet of the dwelling or apartment complex, including garden apartments, the total square feet occupied by the tenant and the capital improvement surcharge the landlord is seeking from each tenant. The landlord seeking a capital improvement surcharge shall appeal for said surcharge to the Rent Leveling Board, which shall determine if said improvement is a major capital improvement, and if so, shall permit such increase to take place. In any event, no increase authorized by this section shall exceed 15% of the tenant's rent.
[Ord. No. 3328]
For purposes of determination of depreciable life of any capital improvement either for the purposes of this section and subsection 12-12.13, the Rent Leveling Board may use the then current and applicable I.R.S. Depreciation Schedule for such capital improvement.
[Ord. No. 3328]
Where title to a multiple dwelling has been conveyed to a landlord by a predecessor landlord who has violated the provisions of this or any previous rent leveling ordinance, the present landlord may not be held liable for excessive rent charged by the predecessor landlord except for the following:
a. 
The sale of the subject property is not an arms length transaction; or
b. 
If the sale is between an individual and a corporation or vice versa where the individual is also an officer or director of the corporation buying or selling the property; or
c. 
The contract of sale between the present landlord and predecessor landlord specifically provides that the purchaser may hold the seller liable for any violations of the local rent leveling ordinance.
In the event that a predecessor landlord has violated the terms of this section and the present landlord cannot be held liable for such violation as provided herein, the Rent Leveling Board shall have continuous jurisdiction over the predecessor landlord for violations committed by him
[Ord. No. 3328; Ord. No. 3344]
a. 
Upon the voluntary vacation of any apartment or housing unit for which rent increases are controlled by this section, the landlord shall have the right to fix the new rent for such vacated apartment or housing unit at a rental price mutually agreeable to the landlord and the tenant.
b. 
In order for the landlord to qualify for vacancy decontrol rent increase, the landlord shall first be required to file an application for vacancy decontrol, along with a statement signed by the vacating tenant, certifying that the landlord has not in any way, harassed, intimidated, or coerced the tenant into vacating the housing unit and that the vacation of such unit was a voluntary act on the part of the tenant. For the purposes of this section, a vacation caused by or necessitated by substandard, unsafe or unsanitary conditions of the rental premises shall not be deemed a voluntary vacation.
1. 
Such non-coercion certification shall not be required in order for the landlord to qualify for a vacancy decontrol increase if:
(a) 
The increase does not exceed the total of all permissible increases authorized by any other provisions of this section.
(b) 
The tenant has moved from the unit without notice to this landlord.
(c) 
The unit has been vacated pursuant to a judicially mandated eviction unless the court ordered eviction shall have been brought about by charges in the terms of the lease.
(d) 
The tenant has refused to sign such certification and upon appeal by the landlord for his agent, the Rent Leveling Board has found that such refusal was unwarranted, and that there was in fact no coercion of any kind exerted by the landlord, his agent or representative upon the vacating tenant.
2. 
The landlord's application for vacancy decontrol filed with the office of rent leveling, along with the required fee, of $100 per unit shall certify:
(a) 
The address and apartment number of vacated unit.
(b) 
The name of the vacating tenant.
(c) 
The date the apartment became vacant.
(d) 
The number of rooms in the vacated unit.
(e) 
The amount of rent the vacating tenants were paying.
(f) 
The maximum rent permissible under the provisions of this section.
(g) 
The amount of rent requested under the terms of vacancy decontrol.
(h) 
Certification that the vacation of the apartment was the voluntary act of the vacating tenant and that such vacation was not the result of harassment or pressure by the landlord or his agents.
(i) 
That no existing tenant within a dwelling unit determined to remain in the vacated housing unit.
3. 
The decontrol provisions of this subsection shall only apply to dwelling units that are physically vacated subsequent to the effective date of this subsection.
4. 
Upon application for approval of a vacancy decontrol increase, the landlord shall request that an inspection be done by a Code Enforcement Officer for certification that the housing unit is in substantial compliance with the provisions of Chapter 21, Property Maintenance Code of the Township of Belleville, and include the required Certificate of Continued Occupancy inspection fee along with the application for decontrol.
5. 
No apartment or housing unit may be rented at a decontrolled rent unless and until an approved vacancy decontrol certificate has been received by the applicant from the office of rent leveling after they have received a copy of the certificate of occupancy certifying that the housing unit is in substantial compliance with the provisions of Chapter 21, Property Maintenance Code of the Township of Belleville.
6. 
Once a unit subject to rent control becomes vacant in accordance with this subsection, that unit shall no longer be subject to the provisions of the Rent Control Ordinance.
7. 
The landlord shall supply and deliver to each new tenant information, in writing, which shall state:
(a) 
That the unit has been inspected and approved for habitability and has received a certificate of occupancy from the Township of Belleville Code Enforcement Officer, as well as a vacancy decontrol certificate from the office of the Rent Leveling Board.
8. 
No landlord may demand, receive, or accept any rent increase unless and until the provisions of this Section have been complied with.
[Ord. No. 3328]
During the term of this Section the landlord shall maintain the same standard of services, maintenance, furniture, furnishings or equipment and facilities provided by the landlord to a tenant prior to the adoption of this Section as the landlord was providing or was required to do by law or lease at the time a lease or tenancy was entered into. Any service or facilities or any privileges or rights, which the tenant has been provided in the past may not be taken away, reduced or circumscribed in any way and that where a right has been provided in the past without a fee, no landlord may request or receive a fee for the continued provision of said service, facilities, right or privilege.
An individual tenant or a class of tenants who are not receiving substantially the same standards of service, maintenance, furniture, furnishings, equipment, facilities, rights or privileges may have the Rent Leveling Board determine the reasonable rental value of the housing units or dwellings in view of the deficiency. The tenant or class of tenants shall pay the reasonable rental value as full payment for rent until the landlord proves that the deficiency has been corrected.
A tenant who petitions the Board for an adjustment of rent or files a complaint with the Board alleging landlord's violation of any of the terms of this Section must serve notice of the petition or complaint upon the landlord within 10 days of the filing of such petition or complaint.
[Ord. No. 3328]
Any application or petition made to the Rent Leveling Board by a landlord or tenant must be filed with the secretary of the board at least 30 days prior to the next regularly scheduled meeting date in order to be heard at that meeting.
[Ord. No. 3328]
Upon proper notice by tenant upon landlord that tenant is petitioning or otherwise moving before the Board against the landlord for a reduction in rent for violation of the terms of this section, the landlord shall appear at the scheduled hearing date with all pertinent information and records which the Board will need to determine this matter. Failure of the landlord to appear upon proper notice and without just cause as determined by the Board may result in the tenant's petition being heard and decided outside the presence of the landlord.
[Ord. No. 3328]
No landlord shall, after the effective date of the original ordinance, adopted April 9, 1974, charge any rents in excess of what he was receiving from the effective date of the original ordinance except for increases authorized by this or any prior or subsequent ordinance.
[Ord. No. 3328]
The owner of the housing space or dwelling being rented for the first time shall not be restricted in the initial rent he charges. Any subsequent rental increase, however, shall be subject to the provisions of this section.
[Ord. No. 3328]
A landlord or a tenant aggrieved by any action, regulation or determination of the Board may appeal in a court of appropriate jurisdiction within 45 days after the entry of a decision.
[Ord. No. 3328]
A violation of any provision of this Section including but not limited to the filing with the Rent Leveling Board or Township Clerk of any misstatement of fact or the failure to appear, upon notice, at a Rent Leveling Board hearing, shall be punishable by a fine of not more than $750 or by imprisonment for a period not more than 90 days, or by both such fine and imprisonment as to each leasehold. Each Rent Leveling Hearing in which the noticed party fails to appear shall be prosecuted in the Municipal Court of the Township upon a complaint and summons signed by either party, his agent or attorney, or by the chairman of the Rent Leveling Board or its agent.
[Ord. No. 3328]
Clerical mistakes in judgments, orders or other parts of record and errors therein arising from oversight and omission may at any time be corrected by the Board on its own initiative or on the motion of any party, and on such notice and terms as the Board directs notwithstanding the pendancy of any appeal.
[Ord. No. 3328]
All applications for a hardship increase pursuant to the terms of subsection 12-12.13, and for a major capital improvement increase pursuant to the terms of subsection 12-12.14, shall be accompanied by a filing fee of $100 per application plus $5 per unit in the subject multiple dwelling. These fees are cumulative to those set forth in Section 12-12.17.
[Ord. No. 3328]
In the event an appeal is taken from a determination of the Rent Leveling Board and a request to provide a verbatim transcript is made of the Rent Leveling Board Clerk, a reasonable fee shall be paid for the service of preparing a transcript of the hearing.
[Ord. No. 3328; Ord. No. 3344]
The landlord shall supply and deliver to each new tenant in writing:
a. 
The rent paid by all tenants who occupied the apartment during the prior twelve-month period.
b. 
That the landlord has complied with the provisions of subsection 12-12.12 (registration statement).
c. 
That the unit has been inspected and approved for habitability and has received a Certificate of Occupancy from the Township of Belleville Code Enforcement Officer.
d. 
A landlord at his or her expense shall provide a copy of the Rent Leveling Ordinance to every tenant upon the tenant's initial occupancy of housing space in a multiple dwelling.
e. 
A copy of the statements provided to the tenants by the landlord as required above, signed by the new tenant must be forwarded by the landlord to the Office of Rent Leveling.
[Ord. No. 3328]
This section, being necessary for the welfare of the Township of Belleville and its inhabitants, shall be liberally construed to effectuate the purpose thereof.
[Ord. No. 3328]
If any section, subsection, paragraph, sentence or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance.
[Ord. No. 3328]
All ordinances or parts of ordinances which are inconsistent with provisions of this Ordinance shall be and are hereby to the extent of such inconsistency repealed.
[Ord. No. 3328; Ord. No. 3471]
This Section is to take effect immediately upon final passage and publication as required by law.
[Ord. No. 3328; Ord. No. 3471]
Section 12-12A et seq. is not affected in any way by this Ordinance. Said Section 12-12A et seq. remains in full force and effect.
[Ord. No. 3328; Ord. No. 3471]
The Township Clerk is hereby directed to give notice at least 10 days prior to hearing on the adoption of this Ordinance to the Essex County Planning Board and to all persons entitled thereto pursuant to N.J.S.A. 40:55D-15 and N.J.S.A. 40:55D-63 (if required). Upon adoption of this Ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the ordinance as finally adopted with the Essex County Planning Board as required by N.J.S.A. 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by N.J.S.A. 40:49-2.1.
[Ord. #2209; Ord. #2211]
[Ord. #2209 § I]
Whereas, the Township Council of the Township of Belleville finds from its research that the forced eviction and relocation of elderly persons from their established homes and communities harm the mental and physical health of these senior citizens, and that these disruptions in the lives of older persons affect adversely the social, economic and cultural characteristics of the Township of Belleville, these conditions are particularly serious in light of the rising costs of home ownership, and are of increasing concern where rental housing is converted into condominium or cooperatives, which senior citizens on fixed incomes cannot afford the associated costs, the Township Council declares that it is in the public interest of the Township to avoid forced eviction and relocation of senior citizen tenants under the aforesaid circumstances, concerning the conversion of rental housing into condominiums or cooperatives; and the Township Council further declares that it is in the public interest of the Township to avoid forced evictions and the displacement of the handicapped whenever possible because of their limited mobility and the limited number of housing units which are suitable for their needs.
The Township Council declares that in the service of this public interest it is appropriate that qualified senior citizen tenants and disabled tenants be accorded a period of protected tenancy, during which they shall be entitled to the fair enjoyment of the dwelling unit within the converted residential structure to continue for such time, as provided by law; and the Township Council have heretofore authorized the Township Rent Leveling Board to act as its administrative agency for the purpose of administering and carrying out the purpose of the Senior Citizen and Disabled Protected Tenancy Act, N.J.S.A. 2S:18-61.22 et seq.
The Township Council of the Township of Belleville find that it is appropriate to have an additional administrative agency to act as an appeal agency for any person aggrieved by the decision of the Rent Leveling Board.
[Ord. #2209 § II]
a. 
SENIOR CITIZEN TENANT - Shall mean a person who is at least 62 years of age on the date of the conversion recording for the building or structure in which is located the dwelling unit of which he is a tenant, or the surviving spouse of such a person if the person should die after the owner files the conversion recording; provided that the building or structure has been the principal residence of the senior citizen tenant or the spouse for two years immediately preceding the conversion recording or the death, as the case may be;
b. 
DISABLED TENANT - Shall mean a person who is, on the date of the conversion recording for the building or structure in which is located the dwelling unit of which he is a tenant, totally and permanently unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment, including blindness; providing that the building or structure has been the principal residence of the disabled tenant for the two years immediately preceding the conversion recording. For purposes of this subsection, "blindness" shall mean central visual acuity of 20/200 or less in the better eye with the use of correcting lens. An eye which is accompanied by a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20° shall be considered as having a central visual acuity of 20/200 or less;
c. 
TENANT'S ANNUAL HOUSEHOLD INCOME - Shall mean the total income from all sources during the last full calendar year for all members of the household who reside in the dwelling unit at the time the tenant applies for protected tenant status, whether or not such income is subject to taxation by any taxing authority;
d. 
APPLICATION FOR REGISTRATION OF CONVERSION - Shall mean an application for registration filed with the Department of Community Affairs in accordance with "The Planned Real Estate Development Full Disclosure Act", P.L. 1977, c. 419 (C. 45:22A-21 et seq.);
e. 
REGISTRATION OF CONVERSION - Shall mean an approval of an application for registration by the department of community affairs in accordance with "The Planned Real Estate Development Full Disclosure Act", P.L. 1977, c. 419 (C. 45:22A-21 et seq.);
f. 
CONVERT - Shall mean to convert one or more buildings or structures or a mobile home park containing in the aggregate not less than five dwelling units or mobile home etcs. or pads from residential rental use to condominium, cooperative, planned residential development or separable fee simple ownership of the dwelling units, or of the mobile home sites or pads;
g. 
CONVERSION RECORDING - Shall mean the recording with the appropriate County officer of a master deed for condominium or a deed to a cooperative corporation for a cooperative or the first deed of sale to a purchaser of an individual unit for a planned residential development or separable fee simple ownership of the dwelling units;
h. 
PROTECTED TENANCY PERIOD - Except as otherwise provided by subsection 12-12A.6 herein, shall mean the 40 years following conversion recording for the building or structure in which is located the dwelling unit of the senior citizen tenant or disabled tenant.
i. 
THE ACT - Shall mean, the "Senior Citizens and Disabled Protected Tenancy Act. "P.L. 1974, c. 49 and P.L. 1975, c. 311, and amending and supplementing legislation chapter 226 or 1981.
[Ord. #2209 § III]
The owner of any building or structure, who seeks to convert any premises, shall, prior to his filing of the application for registration of conversion with the department of community affairs, notify the Rent Leveling Board of his intention to so file.
[Adopted 8-6-1985 Ord. #2209 § IV; Ord. #2211 § 1)]
The owner of the building or structure seeking the conversion shall supply the Rent Leveling Board with a list of every tenant residing on the premises, with stamped envelopes addressed to each tenant and with sufficient copies of the notice to tenants and application form for protected tenancy status. Within 10 days thereafter, the Rent Leveling Board shall notify each tenant in writing of the owner's intention and of the applicability of the act. Said notice shall require the tenant to submit the application for protected tenancy status within 60 days after the mailing date by the Rent Leveling Board. The initial determination may be made administratively by individual members of the Rent Leveling Board assigned by the chairman of that board to do so.
No later than 30 days thereafter, the Rent Leveling Board shall make a determination of eligibility of each application received. Notice of eligibility shall be sent to each senior citizen tenant or disabled tenant who:
a. 
Applied therefor on or before the date of registration of conversion by the department of community affairs; and
b. 
Qualifies as an eligible senior citizen or disabled tenant pursuant to the act; and
c. 
Has an annual household income that does not exceed an amount equal to three times the County per capita personal income, as last reported by the Department of Labor and Industry on the basis of the U.S. Department of Commerce's Bureau of Economic Analysis data; and
d. 
Has occupied the premises as his/her principal residence for the past two years.
The Rent Leveling Board shall likewise send a notice of denial with reasons to any tenant who is determined to be ineligible, after reviewing the aforegoing factors and provisions which shall be used as a criterion for eligibility. The owner shall be notified of those tenants who are determined to be eligible and ineligible.
The owner of a building or structure seeking the conversion shall pay to the Township of Belleville, along with the other required documents, the sum of $35 per unit to be converted.
[Ord. #2209 § V]
Protected tenancy status shall not be applicable to any eligible tenant until such time as the owner has filed his conversion recording. The protected tenancy status shall automatically apply as soon as a tenant receives notice of eligibility and the landlord files his conversion recording.
[Ord. #2209 § VI]
The Rent Leveling Board shall terminate the protected tenancy status immediately upon finding that:
a. 
The dwelling unit is no longer the principal residence of the senior citizen tenant or disabled tenant; or
b. 
The tenant's annual household income, or the average of the tenant's annual household income for the current year, computed on an annual basis, and the tenant's annual household income for the two preceding years, whichever is less, exceeds the amount equal to three times the County per capita personal income as last reported by the Department of Labor and Industry on the basis of the U.S. Department of Commerce's Bureau of Economic analysis data.
Upon the termination of the protected tenancy status by the Rent Leveling Board, the senior citizen tenant or disabled tenant may be removed from the dwelling unit pursuant to P.L. 1974, C. 49 (C. 2A: 18-61.1 et seq.), except that all notice and other times set forth herein shall be calculated and extend from the date of the expiration or termination of the protected tenancy period, or the date of the expiration of the last lease entered into with the senior citizen tenant or disabled tenant during the protected tenancy period, whichever shall be later.
In the event that a senior citizen tenant or disabled tenant purchases the dwelling unit he occupies, the protected tenancy status shall terminate immediately upon purchase.
[Ord. #2209 § VII]
a. 
Any aggrieved party shall have the right to appeal the determination of the secretary to the protected tenancy appeal board. All rules and regulations pertaining to hearings and procedures before the Rent Leveling Board shall apply to such appeals.
b. 
Appeals shall be taken by filing a written request for a hearing with the Rent Leveling Board and simultaneously with the chairman of the protected tenancy appeal board, within 10 days after written notice of appeal is received and filed with the chairman of the protected tenancy appeal board. A decision shall be rendered by the protected tenancy appeal board in accordance with law.
c. 
A filing fee of $25 shall be paid by such aggrieved party filing the appeal in advance. Administrative costs may be assessed by the protected tenancy appeal board, including legal fees, on a case by case basis.
[Ord. #2209 § VIII]
There is hereby created a Protected Tenancy Appeal Board. The Board shall consist of three members and one alternate. The members and alternate shall be appointed by the Governing Body and their terms of office shall be for a period of three years each, or until otherwise terminated by said Governing Body. Said members and alternate shall serve without compensation. Said members and alternate may be a member of the Rent Leveling Board.
The Board is hereby granted, and shall exercise, in addition to other powers herein granted, all powers necessary and appropriate to carry out and execute the purposes of this section, and including, but not limited to, the following:
a. 
To issue and promulgate such rules and regulations as it deems necessary to implement the purpose of this section, which rules and regulations shall have the force of law until revised, repealed or amended from time to time by the Board in its exercise of its discretion providing that such rules and regulations are filed with the Township Clerk.
b. 
To hold hearings and adjudicate applications as provided for in the section.
c. 
To compel the attendance of witnesses and the production of books and records in connection with hearings held pursuant to the provisions of this section.
d. 
Two board members shall constitute a quorum. A majority vote shall be required for a decision of a three member board, and a unanimous vote is required of a two member board, including decisions on all motions, orders and rulings of the board.
[Ord. #2209 § IX]
If any section, subsection, paragraph, sentence or any other part of this ordinance is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remaining provisions of this ordinance, but shall be confined in its effect to the section, subsection, paragraph, sentence or other part of this ordinance directly involved in the controversy in which such judgment shall have been rendered.
[Ord. #2209]
This section being necessary for the welfare of the Township of Belleville and its inhabitants shall be liberally construed to effectuate the purpose thereof. All other ordinances and parts of ordinances in conflict or inconsistent with this ordinance are hereby repealed, but only to the extent of such conflict or inconsistency.
[Ord. #2209 § XI]
Any party aggrieved by any action, regulation or determination of the protected tenancy appeal board may appeal to a court of appropriate jurisdiction in accordance with the law.
[Ord. #2209 § XII]
This section shall take effect after final adoption and publication in accordance with law and approval of the commissioners of the Township of Belleville.
[Ord. #2095]
[1]
Editor's Note: Refer to section 12-2 of this chapter for additional regulations pertaining to Unfit Dwellings.
[Ord. #2095 § 1]
The Township Council of the Township of Belleville has passed a resolution recognizing the existence of buildings within the Township of Belleville which are so old, dilapidated or out of repair as to be dangerous, unsafe, sage, unsanitary or otherwise unfit for human habitation, occupancy, or use.
[Ord. #2095 § 2]
The Housing Code Enforcement Official of the Township of Belleville shall be designated to exercise the powers described by this section.
[Ord. #2095 § 3]
Whenever a petition is filed with the housing code enforcement official by a public authority as that term is defined in N.J.S.A. 40:48-2.4c or by at least five residents of the Township of Belleville charging that any building is unfit for human habitation or occupancy or use, or whenever it appears to the housing code enforcement official (on his own motion) that any building is unfit for human habitation or occupancy or use, the building code enforcement official shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the building code enforcement official (or his designated agent), at a place therein fixed not less than seven days nor more than 30 days after the serving of said complaint; that the owners and parties in interest shall be given a right to file an answer to the complaint and to appear in person or otherwise, and give testimony at the place and time fixed in the complaint; and that the rules of evidence prevailing in the court shall not be controlling in hearings before the public officer.
[Ord. #2095 § 4]
If, after such notice and hearing, the building code enforcement official determines that the building under consideration is unfit for human habitation or occupancy or use he shall state in writing his findings of fact in support of such determination and shall issue and caused to be served upon the owner thereof and parties in interest an order;
a. 
Requiring the repair, alteration or improvement of said building to be made by the owner, within a reasonable time, which shall be set forth in the order or at the option of the owner to vacate or have the said building vacated and closed within the time set forth in the order; and
b. 
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the said building within the time specified in the order, then the owner shall be required to remove or demolish said building within a reasonable time as specified in said order of removal.
[Ord. #2095 § 5]
If the owner fails to comply with an order to repair, alter or improve or at the option of the owner to vacate and close the building, the building code enforcement official may cause such building to be repaired, altered or improved, or to be vacated and closed. The building code enforcement official may cause to be posted on the main entrance of any building so closed a placard with the following words:
"THIS BUILDING IS UNFIT FOR HUMAN HABITATION OR OCCUPANCY OR USE: THE USE OR OCCUPATION OF THIS BUILDING IS PROHIBITED AND UNLAWFUL."
[Ord. #2095 § 6]
If the owner fails to comply with an order to remove or demolish the building, the building code enforcement officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefore.
[Ord. #2095 § 7]
a. 
The cost of the filing of legal papers, expert witnesses fees, search fees and advertising charges, incurred in the course of any proceeding taken under this section determined in favor of the municipality; and
b. 
Such cost of such repairs, alterations or improvements of vacating and closing or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred.
c. 
If the building is removed or demolished by the public officer, he shall sell the materials of such building.
d. 
There shall be credited against the cost of the removal or demolition thereof, including the clearance and if necessary leveling of the site, the proceeds of any sale of such materials or any sum derived from any contracts for the removal or demolition of the building. If there are no such credits or if the sum total of such cost exceed the total of such credits, a detailed statement of the aforesaid cost in the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy therefore shall be forthwith forwarded to the owner by registered mail. If the total credits exceed such cost, the balance remaining shall be deposited in the Superior Court by the building code enforcement official, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of the court.
e. 
Any owner or party in interest may within 30 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the cost set forth in the municipal lien certificate.
[Ord. #2095 § 8]
If an actual and immediate danger to life is posed by the threatened collapse of any fire damaged or other structurally unsafe building, the building code enforcement official may, after taking such measures as may be necessary to make such building temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
[Ord. #2147]
[Ord. #2147 § 1]
Every hotel or multiple dwelling shall be equipped with smoke detectors or smoke alarms or both as provided herein.
Pursuant to the provisions of Chapter 419, P.L. 1979 (N.J.S.A. 55:13A-7.1 et seq.), the "smoke detector regulations" promulgated on November 12, 1980 as approved by the Department of Community Affairs, Division of Housing and filed in the Secretary of State's Office is hereby accepted, adopted and established as the standard to be used in the location, specification, maintenance and periodic testing of the smoke detectors and smoke alarms, as otherwise amended and codified at N.J.A.C. 5:10-2.2 and N.J.A.C. 5; 10-19.11(c) through (h).
[Ord. #2147 § 2]
a. 
In accordance with the Smoke Detector Regulations as set forth in N.J.A.C. 5:10-2.2 concerning the definition of "multiple station unit," "smoke detector," "smoke detector of non-self contained type," and "tag,", is hereby adopted by the Township of Belleville, as set forth in Schedule "A" included as an attachment to this chapter.
b. 
The term UNIT OF DWELLING SPACE OR THE TERM DWELLING UNIT shall mean any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his servants, agents or employees, and shall include all privileges, service furnishings, furniture, equipment, facilities and improvements connected with the use or occupancy thereof.
c. 
The term HOTEL shall mean any building, including but not limited to any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains 10 or more units of dwelling space or has sleeping facilities for 25 or more persons and is kept, used, maintained, advertised as, or held out to be, a place where sleeping or dwelling accommodations are available to transient or permanent guests.
d. 
The term MULTIPLE DWELLING shall mean any building or structure of one or more stories and any land appurtenant thereto, and any portion thereof in which three or more units of dwelling space are occupied, or are intended to be occupied by three or more persons who live independently of each other, provided, that this definition shall not be construed to include any building or structure defined as a hotel on this act, or, registered as a hotel with the commissioner of community affairs, or occupied or intended to be occupied exclusively as such; nor shall this definition be constructed under the Lanham Act (National Defense Housing) PL 849, 76th Congress, 54 Stat. 1125, 42 USC 1521 et seq., as amended, on or before June 1, 1941.
e. 
The term OWNER shall mean a person who owns, purports to own, or exercises control of any hotel or multiple dwelling or manages or is the managing agent of any hotel or multiple dwelling.
f. 
The term PERSON shall mean any individual, corporation, association, or other entity, as defined in R.S. 1:1-2.
[Ord. #2147 § 3]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, types of smoke detectors as set forth in N.J.A.C. 5:10-19.11(c)(1), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A" included as an attachment to this chapter.
[Ord. #2147 § 4]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, power source and owner's duties as set forth in N.J.A.C. 5:10-19.11(c)(2), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A" included as an attachment to this chapter.
[Ord. #2147 § 5]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, duties of occupants in multiple dwellings as set forth in N.J.A.C. 5:10-19.11(c)(3), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A" included as an attachment to this chapter.
[Ord. #2147 § 6]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, location in dwelling units as set forth in N.J.A.C. 5:10-19.11(c)(4), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A included as an attachment to this chapter.
[Ord. #2147 § 7]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, common area requirements as set forth in N.J.A.C. 5:10-19.11(c)(5), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A" included as an attachment to this chapter.
[Ord. #2147 § 8]
Pursuant to the Smoke Detector Regulations as promulgated by the department of community affairs, November 12, 1980, requirements as set forth in 5: 10-19.11(c)(7), is hereby adopted by the Governing Body of the Township of Belleville as set forth in Schedule "A" included as an attachment to this chapter.
[Ord. #2147 § 9]
In the event that the owners or managing agents of all hotels or multiple dwellings desire to install heat detectors in those locations where frequent and nuisance alarms would likely occur, approval must first be obtained from the department of community affairs, bureau of housing inspection or its successor or designee therein, and upon said approval the owners and/or managing agents shall submit a copy of said approval to the local department of building inspections, code enforcement and fire department.
[Ord. #2147 § 10]
The owner, architect, engineer or managing agent shall submit plans and specifications as required to the fire prevention subcode official, and the department of building inspections and code enforcement for its approval before any work is commenced for the installation thereof of an approved system of multiple station units powered by alternating current (AC) in common areas in all buildings that do not comply with the minimum life safety requirements of the New Jersey Uniform Construction Code, in public corridors, interior stairways and basements or ceilings as those requirements are more particularly set forth in rules and regulations of the department of community affairs its amendments and supplements therein. (N.J.A.C. 5:10-19.11(c)(5)(i) et seq.)
Permits for the installation of electric circuits, and systems powered by alternating current (AC) shall be obtained from the building department.
[Ord. #2147 § 11]
Whenever in the enforcement of this ordinance or the regulation of smoke detectors and smoke alarms is promulgated by the department of community affairs, division of housing, the responsibility of more than one enforcement official may be involved, it shall be their duty to coordinate their inspections and administrative orders as fully as practicable so that the owners, managing agents, occupants and residents of the dwelling shall not be subjected to visits by numerous inspectors nor multiple or conflicting orders.
Whenever an inspector or an employee from any agency or department observes an apparent or actual violation of some provision of this ordinance which is not within jurisdiction of the inspector or employee's authority to enforce, that individual shall report the findings to the fire prevention subcode official or to the department of building inspections and code enforcement.
[Ord. #2147 § 12]
Compliance with the requirements of this ordinance shall be not later than three months after final passage and adoption as provided by law. Such additional time as may be allowed by the fire prevention subcode official, or in his absence the department of building inspections and code enforcement, may be allowed upon application in writing made prior to the expiration of the original time for compliance herein, provided that good cause is shown for said extension, and further provided that the owner or managing agent shall have installed in each dwelling unit an approved, single station smoke detector located in close proximity to each sleeping area.
Any approval or extension beyond the initial three month compliance period shall not be extended beyond an additional three months.
[Ord. #2147 § 13]
Any person, firm or corporation who shall violate any of the provisions of this section shall upon conviction, be liable to the penalty stated in Chapter 3, section 3-24.
[Ord. #2572]
[Ord. #2572 § 1]
Each dwelling unit in a single-family or two-family residence, shall be subject to the terms of this section.
Every dwelling unit, as defined in N.J.S.A. 56:13A-3 shall be provided with a minimum of one approved smoke detector on each story or level (including basement).
Smoke detectors shall not be required in an unoccupied attic. In order to achieve compliance with this act, smoke detectors are required to be approved by the Underwriter's Laboratories or Factory Mutual Research Corp.
Alarm signals from the smoke detectors shall be clearly audible in all rooms on the level on which the smoke detector is installed when all intervening doors are closed.
Smoke detectors shall be powered by either battery or electricity. The Installation of the smoke detectors shall be governed by the applicable sections of the National Fire Protection Association (NFPA) Standards No. 72E or 74.
[Ord. #2572 § 1]
Owners, sellers, transferrers or lessors of all dwelling units subject to this chapter shall be responsible for the correct installation and maintenance of smoke detectors.
The owner of a rental unit shall, at the time of installation of smoke detector and thereafter at the commencement of each tenancy, provide to the tenant at least one copy of written instructions concerning the operation, maintenance, testing of the smoke detector, and the replacement of batteries in the battery operated unit.
Each dwelling unit sold, rented, leased or transferred shall have a minimum of one smoke detector on each level. A floor area separated by three or more risers from another floor area shall be considered a separate level. Where a basement exists, a smoke detector shall be installed on the basement ceiling.
[Ord. #2572 § 1]
Upon the sale of a one or two-family residence or the rental, lease or transfer of any dwelling unit the seller, landlord or transferor is required to obtain from the Township of Belleville a smoke detector compliance certificate certifying that the property is in compliance with the provisions of this section.
[Ord. #2572 § 1]
The fee for the smoke detector compliance certificate shall be $25. Applications for smoke detector compliance certificates shall be submitted to the Township of Belleville with the application fee prepaid. Within 10 business days on the receipt of said application, the designated official of the Township of Belleville shall inspect the premises to determine whether the same complies with the terms of this section.
[Ord. #2572 § 1]
The penalty for the violation of any provision of this section shall be a fine not exceeding $500 or imprisonment in the County jail for not more than 90 days or both. Noncompliance as to each dwelling unit, room, suite or area in the same structure shall constitute a separate violation.
[Ord. #2672; Ord. #2979]
[Ord. #2672]
As used in this section, the following terms shall have the following meaning, unless a different meaning is clearly stated in the context:
CONSTRUCTION OFFICIAL
Shall mean the construction code official as provided in Chapter 2, subsection 2-8.4b.
DWELLING UNIT
Shall mean a building or portion thereof used for living purposes to one individual or family unit, together with all privileges, services, furnishing, equipment, facilities and improvements connected with the use and occupancy of such portion of the building.
PERSON
Shall include individuals, corporations, companies, associations, firms, partnerships, including any real estate broker, real estate agent, or any representative or employee of any of the foregoing.
[Ord. #2672; Ord. #2979]
No person shall sell, rent or lease any dwelling unit, unless such person shall first obtain from the construction code official a certificate of continued occupancy.
[Ord. #2672]
A certificate of continued occupancy shall be applied for through the construction code enforcement department of the Township of Belleville. The certificate of continued occupancy shall indicate that as a result of a general inspection of visible parts of the structure, no violations have been determined to have occurred and no unsafe conditions have been found, and that the existing use of the structure heretofore lawfully existed. In the event there be found any violations, no occupancy shall be permitted until all items designated for correction by the construction code enforcement department are made, corrected and inspected.
[Ord. #2672; Ord. #2979]
Fees payable through the construction code enforcement department of the Township of Belleville for residential certificate of continued occupancy shall be as follows:
One dwelling unit
$100
Two-family dwelling unit
$150
Three-family dwelling unit
$200
Each additional dwelling unit
$50
Upon the renting or leasing of any dwelling unit, with the exception of owner-occupied building of a one-, two-, and three-family dwelling.
Rental dwelling unit
$35
Reinspection fee
$15
[Ord. #2672; Ord. #2979]
Any person or persons, partnership, firm or corporation, including any real estate broker or real estate agent, any representative or employee of any of the foregoing, who in any manner knowingly fails to fully comply with the terms and covenants of the within section and who is part of any transaction resulting in the violations of any of the terms and provisions of the within section shall be deemed to have violated the terms and provisions of the within section and is subject to the penalties provided in this section for violation of same, unless and until a certificate of continued occupancy shall have been issued.
All violations of this section by any person or persons, partnership, firm or corporation or any agents or representatives as provided herein, whether the person is the owner of the premises, the agent of any party as aforesaid or the tenant, occupancy or occupants shall be deemed separate and distinct violations for each and every day that said violation may continue, and all parties violating this section shall be deemed jointly and severally liable for any and all such violations. Upon the conviction, violators shall be subject to a fine not to exceed a maximum of $1,000 for each offense or imprisonment not exceeding 90 days or both, in the discretion of the court imposing sentence pursuant to N.J.S.A. 40:49-5. Each day that a violation occurs or is committed shall constitute a separate offense. The imposition of the penalties herein prescribed shall not preclude the Township of Belleville from instituting an appropriate action or proceeding to prevent an unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.
[Ord. No. 3285]
Any dwelling in the Township of Belleville having three or more units, must have placed on the outermost front entrance of the building a clearly marked name, unit number and floor of the most current occupant, on their doorbell, for each unit. Each dwelling with three or more units have 90 days from the adoption of this section (adopted by Ord. No. 3285, June 14, 2011) to comply or a fine up to $500 will take effect for each unit.
The provision of this section apply to the building owner, or in the case of a condominium owner to the unit owner.