[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
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$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
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$300
|
For a residential garage and sheds
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$150
|
For all other use group R structures
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$500
|
For all structures other than use group R or U:
|
(1) Up to 10,000 square feet
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$600
|
(2) From 10,001 square feet to 20,000 square feet
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$800
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(3) Over 20,000 square feet
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$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
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$150
|
3-10 Unit dwelling
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$200
|
11-20 Unit dwelling
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$250
|
21-40 Unit dwelling
|
$300
|
41-100 Unit dwelling
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$350
|
Over 100 Unit dwelling
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$400 + 20 per unit
|
Educational
|
---|
0-5,000 square feet
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$150
|
5,001-10,000 square feet
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$200
|
10,001-20,000 square feet
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$300
|
20,001 or more square feet
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$400
|
Business, Factory, Mercantile, and Storage Buildings
|
---|
0-5,000 square feet
|
$150
|
5,001-10,000 square feet
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$200
|
10,001-20,000 square feet
|
$250
|
20,001 or more square feet
|
$350
|
Assembly
|
---|
A-1
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$300
|
A-2
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$300
|
A-3
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$350
|
A-4
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$350
|
A-5
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$400
|
Institutional
|
---|
I-1
|
$100
|
I-2
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$200
|
I-3
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$200
|
I-4
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$200
|
High Hazard
|
---|
H-1
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$500
|
H-2
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$350
|
H-3
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$300
|
H-4
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$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.
(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.
(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.
(q)
The fee for a permit for installation of:
(1)
Oil burner shall be (burner only): $50.
(2)
Back flow preventer: $90.
(6)
Yearly review of backflow devices (must be certified) testable
ones: $90.
(7)
Condensate lines - 2 unit @ 12 x 2 =: $24.
(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.
[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]
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 § 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 § 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 § 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 § 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 § 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]
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.
[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; amended 12-10-2019 by Ord. No.
3559]
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 is rented after becoming vacant,
it shall immediately be subject to all of the other terms and provisions
of this section including, but not limited to, maximum amounts of
increases of rent thereafter unless and until it shall again become
vacant as provided in this section.
[Amended 12-10-2019 by Ord. No. 3559]
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 § 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]
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 § 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 § 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]
As used in this section, the following terms shall have the
following meaning, unless a different meaning is clearly stated in
the context:
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.
[Added 8-18-2020 by Ord. No. 3587]
a. It shall be unlawful for any person to install, or have installed,
or maintain on the exterior of any building any security grills, gates,
or doors of any type, including, but not limited to, rolling, solid
swinging, sliding or accordion garage-type doors, whether solid or
not solid. Interior security gates shall be permitted on businesses
only if they are open and have window transparency as well as being
equipped with a Knox-Box® in accordance
with Fire Department regulations.
b. Any building that has a security grille or door installed on its
exterior shall not be required to remove same, however, same shall
be maintained in working order and the building owner shall ensure
that said security grille or door shall never be left partially open
or partially closed.
c. In the event construction is being done on any building that has
a security grille or door such that the security grille or door is
removed, no security grille or door shall be reinstalled.
d. Any person violating any section of this section shall, upon conviction
thereof, pay a fine not less than $100, nor more than $1,000.