Borough of Milltown, NJ
Middlesex County
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Table of Contents
Table of Contents
[1984 Code § 56-1]
There is hereby established in the Borough of Milltown a State Uniform Construction Code enforcing agency to be known as the "Milltown Uniform Construction Code Enforcing Agency," consisting of a Construction Official, Building Subcode Official and such assistants as the Mayor and Borough Council may, by resolution, deem necessary, and such other Subcode Officials for such additional subcodes as the Commissioner of the Department of Community Affairs, State of New Jersey shall hereafter adopt as part of the State Uniform Construction Code. The Construction Official shall be the chief administrator of the Enforcing Agency.
[1984 Code § 56-1]
Each official position created in subsection 15-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., the amendments thereof and supplements thereto, and N.J.A.C. 5:23, provided that, in lieu of any particular subcode official, an on-site inspection agency may be retained by contract pursuant to N.J.A.C. 5:23. More than one such official position may be held by the same person, provided that such person is qualified pursuant to N.J.S.A. 52:27D-119 and N.J.A.C. 5:23 to hold each such position.
[1984 Code § 56-2]
The public shall have the right to do business with the Enforcing Agency at one office location, except for emergencies and unforeseen or unavoidable circumstances. The office is to be located in the Municipal Building, 39 Washington Avenue, Milltown, New Jersey.
[Ord. No. 08-1283]
Appeals shall be heard by the Middlesex County Board of Appeals.
[Ord. No. 1015; Ord. No. 10-1304]
a. 
Certificate of Occupancy. The fee for a Certificate of Occupancy shall be in the amount of 10% of the new construction permit that would be charged by the Construction Code Department pursuant to these regulations. The minimum fee charged by the Department pursuant to these regulation. The minimum fee shall be $111 except for one or two-family (Use Group R-3 of the Building Subcode) structures of less than 5,000 square feet in area and less than 30 feet in height, and structures on farms, including commercial farm buildings subject to N.J.A.C. 5:23-3.2(d), for which the minimum fee shall be $60.
b. 
Occupancy Permit. The fee for an Occupancy Permit for all other conditions such as change in tenant or the change of use shall be $10 per 100 square feet or fraction thereof the overall area. The square footage of the overall area as interpreted for fee purposes shall be computed as the product of the greatest width dimension and the greatest length dimension (maximum width times maximum length) of each floor. If there is a basement, mezzanine or similar floor, it shall be counted as one floor in addition to the other floors.
c. 
Change of Occupancy Inspection; Nonresidential Buildings.[1] The Fire Official or Fire Inspector shall conduct an inspection prior to the issuance of a Certificate of Occupancy permit each time there is a change in tenant in a nonresidential building. The fee for this change of occupancy inspection shall be $0.08 per square foot of gross floor area, subject to a maximum charge of $15,000. The square footage of the overall area as interpreted for fee purpose shall be computed as the product of the greatest width dimension and the greatest length dimension (maximum width times maximum length) of each floor. If there is a basement, mezzanine or similar floor, it shall be counted as one floor in addition to the other floors.
[1]
Editor's Note: Prior ordinance history includes Ordinance Nos. 838, 873 and 939.
d. 
Certificate of Approval shall be $50.
e. 
The fee for a variation of the requirements of any subcode shall be:
Class I - Building - $748.
Class II - Building - $151.
Class III - Building - $151.
f. 
Minimum permit fee shall be $65.
g. 
Fee for a Certificate of Occupancy granted pursuant to a change of use group shall be $161.
[Ord. No. 1015; Ord. No. 10-1304]
a. 
Computation of Fee. The fee to be charged for the annual construction permit shall be charged annually. This fee shall be a flat fee based upon the number of maintenance workers who are employed by the facility, and who are primarily engaged in work that is governed by a subcode. Managers, engineers and clerical employees shall not be considered maintenance workers for the purpose of establishing the annual construction permit fee. Annual permits may be issued for Building/Fire protection, Electrical and Plumbing.
b. 
Fees for Annual Permits. Fees for annual permits shall be as follows:
1. 
One to 25 workers (including foremen): $618/worker; each additional worker over 25: $215/worker. Prior to the issuance of the annual permit, a training registration fee of $230 per subcode shall be submitted by the applicant to the Department of Community Affairs, (Construction Code Element) Bureau of Technical Assistance, Training Section along with a copy of the construction permit (form F-170A). Checks shall be made payable to "Treasurer, State of New Jersey."
c. 
The fee for any special inspection on off-duty hours shall be $125.
[Ord. No. 1015; Ord. No. 05-1199 § 1; Ord. No. 10-1304; Ord. No. 10-1314]
The fee for a Construction Permit shall be the sum of the subcode fees listed and shall be paid before the permit is issued.
a. 
Building Subcode Fee Schedule.
1. 
Fees for new construction shall be based upon the volume of the structure. Volume shall be computed in accordance with N.J.A.C. 5:23-2.28. The new construction fee shall be in the amount of $0.034 per cubic foot of volume for buildings and classified and defined in Article 3 and 4 of the Building Subcode; except that the fee shall be $0.019 per cubic foot of volume for use groups A-1, A-2, A-3, A-4, F-1, F-02, S-1 and S-2 and the fee shall be $0.010 per cubic foot for structures on farms, including commercial buildings under N.J.A.C. 5-23-3.2 (d) with the maximum fee for such structures on farms not to exceed $1,443.
2. 
Fees for renovations, alterations and repairs shall be based upon the estimated cost of the work. The fee shall be in the amounts of $30 per $1,000. From $50,001 to and including $100,000, the additional fee shall be in the amount of $23 per $1,000 of the estimated cost above $50,000. Above $100,000, the additional fee shall be in the amount of $19 per $1,000 of the estimated cost.
3. 
Minimum permit fee shall be $65.
4. 
For additions to existing buildings or structures, the permit fee shall be computed on the same basis as new construction for the added portion.
5. 
For combinations of renovations and additions the sum of the fees shall be separate as renovations and additions.
6. 
The fee for a permit for a new sign or the alteration of an existing sign shall be $2.50 per square foot of the surface area of the sign provided that the minimum fee shall be $65. In case of a double faced sign, the area of the sign shall be used for the purpose of fee computation.
7. 
The fee for temporary type structures shall be:
(a) 
Swimming pools: $189.
(b) 
Tents: $100.
(c) 
Deck: $100.
(d) 
Above ground pools: $126.
(e) 
Air supported structures: $125.
(f) 
Temporary mobile homes: $125.
(g) 
Retaining walls: $189.
(h) 
Fences: $50.
b. 
New Jersey State Training Fee. This fee shall be in the amount of $0.00334 per cubic foot volume of new construction. Volume shall be computed in accordance with N.J.A.C. 5:23-2.20. The fee for all other construction shall be $1.70 per $1,000 of value of construction. All plan reviews shall be 25% of the Building Permit. Building element and manufactured home add-on unit insignia of certification fees.
Building element insignia if certification fee: An in-plant inspection agency requesting the Department to issue component insignia(s) of certification or building elements shall pay a fee of $65 for each insignia plus final inspection fees and foundation fees.
Asbestos permit fees shall be $50 plus $10 for Certificate of Approval.
c. 
Building.
Alterations, fences: $30 per $1,000
Additions/new homes: 0.034/per cubic feet
Certificate of Occupancy Min.: $65
Certificate of Continued Occupancy: $25
d. 
Demolition Permit.
Single-family residential structure: $150
All nonresidential buildings shall be: $200
e. 
Plumbing Mechanical Fee Schedule.
1. 
Each plumbing fixture: $13.
2. 
Each vent stack: $13.
3. 
Special Fixtures:
(a) 
Sewerage ejector: $82.
(b) 
Commercial dishwasher: $82.
(c) 
Domestic dishwasher: $13.
(d) 
Oil or sand interceptor: $82.
(e) 
Each tie-in to process equipment: $43.
(f) 
Water heater: $35.
(g) 
Sprinkler system: $43.
(h) 
Back flow device: $82.
(i) 
Water meter: $28.
(j) 
Floor drains: $13.
(k) 
Minimum fee (misc.): $65.
4. 
Sewer Lateral.
Tie-in and inspection: $550.
Inspections:
(a) 
Four inches or five inches line: $125.
(b) 
Six inches line: $225.
(c) 
Eight inches line: $325.
5. 
Water Lateral.
Tie-in and inspection: $1,500.
(a) 
Retap fee: $100.
(b) 
Water lateral inspection fee: $50.
(c) 
Outside water meters: $100.
6. 
Gas or Oil Piping.
(a) 
3/8 inches - one inch piping: $45.
(b) 
1.25 inches - two inches piping: $65.
(c) 
2.5 inches - four inches piping: $90.
(d) 
Over six inches piping: $150.
7. 
Storm Draining Systems.
(a) 
Roof drains and area drains to six drains: $30.
(b) 
Over six drains: $65.
8. 
Water test: $30
Smoke Test: $30
Radon: $30
Certificate of Approval: $30
9. 
Periodic Inspections.
(a) 
Cross connections and backfill preventers that are subject to testing - Annual fee: $189.
10. 
Aboveground tanks (5,000 gal.): $30.
Same fee schedule for underground tanks.
11. 
Underground tanks.
(a) 
Up to 5,000 gal: $30.
(b) 
Up to 10,000 gal: $45.
(c) 
Up to 20,000 gal: $110.
(d) 
Over 20,000 gal: $165.
12. 
Heating Appliance (each):
(a) 
Up to 150,000 BTU/Hr: $35.
(b) 
Up to 300,000 BTU/Hr: $45.
(c) 
Up to 500,000 BTU/Hr: $65.
(d) 
Up to 1,000,000 BTU/Hr: $110.
(e) 
Over 1,000,000 BTU/Hr: $165.
13. 
Air-Conditioning Equipment (each):
(a) 
Up to three tons: $35.
(b) 
Up to six tons: $45.
(c) 
Up to 12 tons: $65.
(d) 
Up to 25 tons: $110.
(e) 
Over 25 tons: $165.
f. 
Fire Protection Subcode Fee Schedule.[1]
1. 
Sprinkler Heads/Smoke Detectors/Heat Detectors Manual Protector Devices:
(a) 
1-20 devices: $82.
(b) 
21-100 devices: $151.
(c) 
101-200 devices: $289.
(d) 
201-400 devices: $748.
(e) 
401-1,000 devices: $1,036.
(f) 
Over 1,000 devices: $1,323.
The number of heads and detector/manual devices shall be counted separately and a fee for each group collected.
2. 
Pro-Engineered Systems:
(a) 
COB: $116.
(b) 
Halos: $116.
(c) 
Dry chef: $116.
(d) 
Wet chef: $116.
3. 
Kitchen exhaust systems: $58.
4. 
Standpipes: $289.
5. 
Gas and oil fired appliances: $58.
6. 
Incinerator/crematorium: $260.
7. 
Torch/arc cutting: $25.
[1]
Editor's Note: For fees established by the Uniform Fire Safety Code see Chapter 17, subsection 17-1.7. For Change of Occupancy Inspection, see subsection 17-1.8.
g. 
Electric Subcode Fees.
1. 
Devices, receptacles, switches, lighting fixtures:
(a) 
1-50 devices: $45.
(b) 
Each additional 25: $15.
2. 
Electric dryer: $13.
3. 
Electric range and ovens to 15 kW: $13.
(Ranges and ovens above 5 kW apply motor schedule)
4. 
Electric hot water heater to 5 kW: $13.
(Hot water heaters above 5 kW apply motor schedule)
5. 
Switching devices, electrical control, fire alarm panels, panels and similar devices: $20.
6. 
Pools in-ground and equipment: $69.
7. 
Pools aboveground and equipment: $69.
8. 
Hot tubs and hydro massage tubs: $69.
9. 
Electric sign: $25.
10. 
Fire protection, signaling devices, smoke detector, similar devices (apply fixture schedule).
11. 
Service equipment, sub-panels and feeders:
Not over 100 amps: $58.
Not over 200 amps: $58.
200 amps to 1,000 amps: $116.
Over 1,000 amps: $576.
12. 
Transformer/vaults, outdoor substitution: Motors and generators: for each motor, transformer or electrical device less that 1 hp or kVA or kW: $13.
For each motor, transformer or electrical device greater that 1 hp or kW or kVA to 10 hp or kVA or electrical devices less that 1 hp or kVA: $16.
13. 
Residential heating H.V.A.C.: $35.
14. 
Electric heating, electric furnace, commercial air condition welders and similar and electrical equipment (apply motor schedule)
15. 
Electric discharge, lighting, pool lighting, high bay or low bay fixtures, (each fixture): $13.
16. 
Re-introduction of electric service and equipment previously approved, (apply service schedule).
17. 
Minimum electrical fee: $58.
18. 
Certificate Acceptance: $25.
19. 
Milltown fee: $10.
20. 
Reinspection or Reintroduction of Current:
For equipment previously approved: $20.
Reinspection: $25.
21. 
Meter Pans:
125 amp
$30
150 amp
$35
200 amp
$37
2 gang
$48
3 gang
$55
4 gang
$70
3 phase
$72
[Ord. No. 04-1179 § II; Ord. No. 08-1269 § II]
a. 
Zoning permit fees shall be as follows:
1. 
Minor residential alterations which do not result in any bulk violation and which do not alter the footprint of the existing principal building; permitted residential accessory uses (such as, but not limited to porches, decks, pools, fences, sheds, garages, carports, etc.): $35.
2. 
Residential alterations, which change, enlarge or alter the existing building footprint: $125.
3. 
Construction of a new single-family residential dwelling: $175.
4. 
Construction of each new structure in a new residential multifamily development: $250.
5. 
Minor alterations to multifamily and or nonresidential structures which do not result in any bulk violations and which do not alter the footprint of the buildings; permitted multifamily and or nonresidential accessory uses (such as but not limited to fences, sheds, etc.): $100.
6. 
Alterations to multifamily and or nonresidential structures, which change, enlarge or alter the existing building footprint: $125.
7. 
Construction of each new nonresidential structure: $175.
b. 
Any modification of construction permits caused by changes to construction plans or construction field changes that necessitate reevaluation of the project by the Zoning Official shall require a zoning permit resubmission fee equal to 50% of the initial zoning permit fee.
c. 
Exceptions.
1. 
The following applicants shall submit 50% of the required zoning permit fees. Any organization qualifying for subsection (C,2,B) of this section must hold a tax exempt status under the Federal Internal Revenue Code of 1954 (26 U.S.C., Section 501 c or d:
(a) 
Public organizations and or agencies;
(b) 
Charitable and or philanthropic organizations;
(c) 
Fraternal and or religious nonprofit organizations.
d. 
Sign permit as set forth in Section 34-33.23 of the Code of the Borough of Milltown:
Up to 10 square feet
$75
11-50 square feet
$100
Over 50 square feet
$175
e. 
Zoning use permit, based on gross floor area
0-500 square feet
$50
501-1500 square feet
$75
1501-3000 square feet
$100
3001-5000 square feet
$150
5001-10,000 square feet
$300
Over 10,000 square feet
$600
[1984 Code § 99-1]
The Construction Official of the Borough of Milltown is hereby designated as the officer to exercise the powers prescribed by this section and he shall serve in such capacity without any additional salary.
[1984 Code § 99-2; Ord. No. 05-1220 § 1]
Pursuant to the provisions of N.J.S.A. 40:49-5.1, the Regulations for Maintenance of Hotels and Multiple Dwellings as defined in N.J.A.C. 5:10-1 et al, is hereby accepted, adopted and established as a standard to be used as a guide in determining whether dwellings in this municipality are safe, sanitary and fit for human habitation and rental. Three copies of the Regulations for Maintenance of Hotels and Multiple Dwellings have been placed on file in the office of the Borough Clerk and are available to persons desiring to use and examine the same.
[1984 Code § 99-3]
The Construction Official is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, rooming units and premises located within the Borough in order to perform the duty of safeguarding the health and safety of the occupants of dwellings and of the general public. For the purpose of making such inspections, the Construction Official is hereby authorized to enter, examine and survey, at all reasonable times, all dwellings, dwelling units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit and rooming unit or the person in charge thereof shall give the Construction Official free access to such dwelling, dwelling unit or rooming unit and its premises at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of a dwelling or dwelling unit shall give the owner thereof or his agent or employee access to any part of such dwelling or dwelling unit or its premises at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[1984 Code § 99-4]
a. 
Whenever the Construction Official determines that there are reasonable grounds to believe that there has been a violation of any provisions of this section or of any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons responsible therefor as hereinafter provided.
b. 
Such notice shall be put in writing; include a statement of the reasons why it is being issued; allow a reasonable time for the performance of any act it requires; and be served upon the owner or his agent or the occupant as the case may require, provided that such notice shall be deemed to be properly served upon such owner or agent or upon such occupant if a copy thereof is served upon him personally, if a copy thereof is sent by registered mail to his last known address, if a copy thereof is posted in a conspicuous place in or about the dwelling affected by the notice or if he is served with such notice by any other method authorized or required under the laws of this State. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
[1984 Code § 99-5]
a. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this section, or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Building Committee, provided that such person shall file in the office of the Borough Clerk a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within 10 days after the day the notice was served.
b. 
Upon receipt of such petition, the Building Committee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the petition was filed, provided that upon application of the petitioner, the Building Committee may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
c. 
After such hearing, the Building Committee shall sustain, modify or withdraw the notice, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with. If the Budding Committee sustains or modifies such notice, it shall be deemed to be an order.
d. 
Any notice served pursuant to this section shall automatically become an order if a written petition for a hearing is not filed in the office of the Borough Clerk within 10 days after such notice is served. The proceedings at such hearing, including the findings and decision of the Building Committee, shall be summarized, reduced to writing and entered as a matter of public record in the office of the Borough Clerk. Such record shall also include a copy of every notice or order issued in connection with the matter.
e. 
Any person aggrieved by the decision of the Building Committee may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the State.
[1984 Code § 99-6]
Whenever the Construction Official finds that an emergency exists which requires immediate action to protect the public health or safety he may, without notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this section, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Building Committee shall be afforded a hearing as soon as possible. After such hearing, depending upon its findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the Building Committee shall continue such order in effect, modify it or revoke it.
[1984 Code § 99-7]
The Building Committee is hereby authorized and empowered to make and adopt such written rules and regulations as it may deem necessary for the proper enforcement of the provisions of this section; provided, however, that such rules and regulations shall not be in conflict with the provisions of this section nor in anyway alter, amend or supersede any of the provisions thereof. The Building Committee shall file a certified copy of all rules and regulations which it may adopt in the office of the Municipal Clerk.
[1984 Code § 99-8]
No person shall occupy as owner-occupant or rent to another for occupancy any dwelling or dwelling unit for the purpose of living therein, which does not conform to the provisions of the New Jersey State Housing Code established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation.
[1984 Code § 99-9; Ord. No. 08-1283]
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 1, Section 1-5. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
The Borough of Milltown Officials will enforce the State Statutes and codes regulating boarding and lodging houses.
[1984 Code § 84-1]
The local Health Officer or any member of the Borough of Milltown Police Department shall, whenever necessary to protect the health and safety of residential tenants, act as an agent for a landlord in engaging a fuel oil dealer to deliver fuel oil at a reasonable price per gallon and to refire the burner to restore the proper heating of any residential property rented by the landlord; provided, however, that at least 12 hours have elapsed if the outside air temperature in between 33° F. and 55° F., inclusive, or at least four hours have elapsed if the outside air temperature is 32° F. or less since the tenant has lodged a compliant with any municipal officer or agency, prior to which complaint, a bona fide attempt has been made by the tenant or his representative to notify the landlord of the lack of heat, and the landlord has failed to take appropriate action. "Lack of heat" means maintaining less heat than required by N.J.S.A. 26:3-31.
[1984 Code § 84-2]
Any fuel oil dealer who delivers fuel oil or refires the burner in accordance with this section may bill the landlord directly, or the Borough of Milltown may issue a voucher to the fuel oil dealer who delivered the fuel oil for the money amount due on the fuel oil delivered and the service charge for refiring the burner, if any. The voucher shall be paid in the manner provided for the approval and payment of claims pursuant to N.J.S.A. 40A:5-17.
[1984 Code § 84-3]
a. 
Any landlord or his agent whose negligence or failure to act results in municipal action pursuant to subsection 15-7.2 shall be liable to a civil penalty of not more than $300 for each affected dwelling unit in the residential property.
b. 
Such penalty shall be recoverable by the Borough of Milltown in a civil action by a summary proceeding under the Penalty Enforcement Law (N.J.S.A. 2A:58-1 et seq. Any action to collect or enforce any such penalty shall be brought in the Superior Court, County district court or municipal court. The amount of such penalty shall be paid to the Borough of Milltown to be used for general municipal purposes.
[1984 Code § 84-4]
In any penalty enforcement proceeding brought pursuant to this section, the court shall also order the landlord or his agent to reimburse the Borough of Milltown for the actual costs incurred for any fuel oil delivered and the service charge for refiring the burner, if any, and for reasonable attorney's fees and costs. The court shall further be empowered to issue any appropriate injunctive orders and to authorize immediate collection of reimbursable costs due the Borough out of the goods and chattels of the landlord, including all sums due, or which may come due, as present or future rents. Any landlord who prevails in such an action shall be entitled to reimbursement by the Borough of Milltown for all reasonable costs and expenses. Such landlord, however, shall still remain responsible for the cost of any fuel oil delivered and any charge for refiring the burner incurred by the Borough.
[1984 Code § 84-5]
Every landlord shall, within 30 days following the effective date of this chapter or at the time of the creation of the first tenancy in any newly constructed or reconstructed building, file with the Borough Clerk in which the residential property is situated, a statement which shall contain the following information:
a. 
The name and address of the record owner or owners of the premises and the record owner or owners of the rental business if not the same persons.
b. 
If the record owner is a corporation, the name and address of the registered agent and corporate officers of the corporation.
c. 
If the address of any record owner is not located in the county in which the premises are located, the name and address of a person who resides in or has an office in the county in which the premises are located and is authorized to accept notice from a tenant and to issue receipts therefor to accept service of process on behalf of the record owner.
d. 
The name and address of the managing agent of the premises, if any.
e. 
The name and address, including the dwelling unit, apartment or room number of the superintendent, janitor, custodian of other individual employed by the record owner or managing agent to provide regular maintenance service, if any.
f. 
The name, address and telephone number of an individual representative of the record owner or managing agent who may be reached or contacted at any time in the event of an emergency affecting the premises or any unit of dwelling space therein, including such emergencies as the failure of any essential service or system, and who has the authority to make emergency decisions concerning the building and any repair thereto or expenditure in connection therewith.
g. 
The name and address of every holder of a recorded mortgage on the premises.
h. 
If fuel oil is used to heat the building and the landlord furnishes the heat in the building, the name and address of the fuel oil dealer servicing the building and the grade of fuel oil used.
[1984 Code § 84-6]
Every landlord hereby required to file a registration statement as described in subsection 5-7.5 shall file an amended registration statement within seven days after any change in the foregoing information required to be included thereon.
[Ord. No. 962 § 1]
The Borough of Milltown hereby declares and finds that there exist or may exist in the Borough, dwellings, buildings or structures which are unfit for human habitation, occupancy and use and/or are dangerous to human life or the public welfare due to dilapidation, defects increasing the hazards of fire, accidents or other calamities, lack of ventilation, light or sanitary facilities, or due to other conditions rendering such dwellings, buildings or structures unsafe or unsanitary or dangerous detrimental to the health or safety or otherwise inimical to the welfare of the residents of this Borough; and the Borough of Milltown desires to exercise the power set forth in N.J.S.A. 40:48-1 et seq. in reference to the same.
[Ord. No. 962 § 2]
As used in this chapter:
BOROUGH AUTHORITY
Shall mean the Fire Subcode Official, Building Subcode Official, Sanitary Subcode Official of the Borough of Milltown.
BUILDING
Shall mean any structure built or used for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind which is permanently or temporarily affixed to the land and having a roof supported by columns, piers, or walls, or having other supports and any unroofed platform, terrace, or porch having a vertical face higher than three feet above the level of the ground from which the height of the building is measured.
DWELLING
Shall mean any building or structure, or part thereof, used and occupied for human habitation or intended to be so used, and includes any outhouse, and appurtenances belonging thereto or usually enjoyed therewith.
OWNER
Shall mean the holder of the title in a fee simple.
PARTIES IN INTEREST
Shall mean all individuals, associations and corporations who have interest of record in a dwelling and any who are in possession thereof.
STRUCTURE
Shall mean a combination of materials to form a construction that is safe and stable and includes among other affixed things, a stadium, platform, radio towers, buildings, billboards, sheds, storage bins, swimming pools.
[Ord. No. 962 § 3]
a. 
Whenever notice is filed with the Borough of Milltown by a Borough authority or by at least five residents of the Borough of Milltown charging that any dwelling, building or structure is unfit for human habitation or dangerous to human life or the public welfare or whenever it appears to the Borough, on its own motion, that any dwelling, building or structure is unfit for human habitation or dangerous to human life or the public welfare, the Borough shall, if its preliminary investigation discloses in a basis for such charge, issue and cause to be served upon the owner or the parties in interest in such dwelling, building or structure a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Borough Council or its designee, at a place therein fixed no less than seven days nor more than 30 days after the serving of 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 the rules of evidence prevailing in the courts shall not be controlling in hearings before the Borough Council or its designee.
b. 
If, after such notice and hearing, the Borough Council determines that the dwelling, building or structure under consideration is unfit for human habitation or dangerous to human life or the public welfare, they shall state, in writing, their findings of face in support of such determination and shall issue and cause to be served upon the owner thereof and parties in interest an order setting forth the following:
1. 
Requiring the repair, alteration or improvement of the dwelling, building or structure to be made by the owner within a reasonable time, which time shall be set forth within the order or at the option of the owner to vacate or have the said dwelling, building or structure vacated and closed within the time set forth within the order; and
2. 
If the dwelling, building or structure is in such a condition as to make it dangerous to the health and safety of persons on or near the premises or to the public welfare, and the owner fails to repair, alter, or improve the dwelling, building or structure within the time specified in the order, then the owner shall be required to remove or demolish the dwelling within a reasonable time as specified in the order or removal.
3. 
If the owner fails to comply with an order to repair, alter or improve, or, at the option of the owner, to vacate and close the dwelling, building or structure, the Borough may cause such dwelling, building or structure, to be repaired, altered or improved, or to be vacated and closed. Additionally, the Borough may cause to be posted on the main entrance of the dwelling, building and structure so closed, a placard with the following words: "This dwelling, building or structure is unfit for human habitation or occupancy or use; the use or occupation of this dwelling, building or structure is prohibited and unlawful."
4. 
If the owner fails to comply with an order to repair or demolish the dwelling, building or structure, the Borough may cause such to be removed or demolished or may contract for the removal or demolition thereof after advertisement for and receipt of bids therefor.
5. 
The amount of such cost of such repairs, alterations or improvements, or 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 dwelling, building or structure or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the dwelling, building or structure is removed or demolished by the Borough, they shall sell the materials of such dwelling, building or structure. 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 contract for the removal or demolition of the dwelling. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the municipal tax assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceeds such costs, the balance remaining shall be deposited in the Superior Court by the Borough of Milltown, 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 to be entitled thereto by final order or judgment of such Court. 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 costs set forth in the municipal lien certificate. If an actual and immediate danger to life is posed by the threatened collapse of any fire damage or other structurally unsafe dwelling, building or structure, the Borough may, after taking such measures as may be necessary to make such dwelling, building or structure temporarily safe, seek a judgment in summary proceedings for the demolition thereof.
6. 
Determining the cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding under this section.
[Ord. No. 962 § 4]
a. 
The Borough may determine that a dwelling, building or structure is unfit for human habitation and/or dangerous to human life or the public welfare if they find that conditions exist in such dwelling, building or structure which are dangerous or injurious to the health or safety of the occupants of such dwelling, building or structure, the occupant(s) of neighboring dwellings, buildings or structures, other residents or the Borough of Milltown or dangerous to the public welfare. Without limiting the generality of the foregoing, such conditions may include the following: defects therein increasing the hazards of fire, accident or other calamities, lack of adequate ventilation, light or sanitary facilities, dilapidation, disrepair, structural defects or uncleanliness.
b. 
It shall be unlawful for any person to have, keep or maintain a dwelling, building or structure that is unfit for human habitation or which is dangerous or injurious to the health or safety of the occupants of said dwelling, structure or building, the occupants of neighboring dwellings, structures or buildings or other residents or people of or in the Borough of Milltown or dangerous to the public welfare, as specified in this section.
[Ord. No. 962 § 5]
Any complaint or complaints, order or orders issued by the Borough of Milltown pursuant to the provisions of this section shall be served upon persons either personally or by registered mail, but if the whereabouts of such person is unknown and the same cannot be ascertained by the Borough in the exercise of reasonable diligence, and the Borough shall make 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 Borough of Milltown, or, in the County of Middlesex and circulating in the Borough of Milltown. A copy of such complaint or order shall be duly recorded or lodged for record with the Clerk of the County of Middlesex.
[Ord. No. 962 § 6]
The Borough Council is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section, including the following powers, in addition to the other powers herein granted:
a. 
To investigate the dwelling, building or structure conditions in the Borough of Milltown in order to determine which dwellings, building or structures therein are unfit for human habitation, occupancy, use or are dangerous to human life or the public welfare.
b. 
To administer oaths and affirmations, examine witnesses and receive evidence.
c. 
To enter upon premises for the purpose of making examinations, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession.
d. 
To appoint and fix the duties of such officers, agents and employees as it deems necessary to carry out the purpose of this chapter. The officer, agent and employee to whom the powers and functions of the Borough Council have been delegated is hereby authorized to exercise the powers contained in paragraphs a, b and c.
e. 
To delegate any of his functions and powers under this section to such officers and agents as he may designate.
[Ord. No. 962 § 7]
Any repair, alteration, improvement, removal or demolition as above provided, may be performed by the Borough, through its proper officials or employees, or the Borough may contract with any person to render such service on behalf of the Borough under its control and direction, and pursuant to specifications showing in detail the service to be rendered and to rules and regulations adopted by the Governing Body for the same, and upon ample security for proper performance being given to the Borough. The procedure to be followed in adopting any such contract shall be in accordance with N.J.S.A. 40:48-5. The Borough may recover the cost thereof from the owner by action at law, which action shall be in addition to any other remedy provided for by this chapter and shall not make void any lien upon real estate provided for by this section nor prevent the imposition of any penalty imposed for violation of this section or any ordinance of this Borough.
[Ord. No. 962 § 8]
Nothing in this section shall be construed to abrogate or impair the powers of any department of the Borough of Milltown to enforce any provisions of its ordinances or other regulations or Statutes nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other ordinance of the Borough of Milltown.
[Ord. No. 962 § 9; Ord. No. 08-1283]
Any person violating any of the provisions of this section declared to be unlawful shall, upon conviction, be liable to the penalties stated in Chapter 1, Section 1-5.
[Ord. No. 827 § 1]
All fences erected in the Borough of Milltown shall be subject to the following requirements:
a. 
A fence permit shall be issued by the Building Inspector Division for all fences, except living fences, erected in the Borough.
b. 
In any residential zone a fence with a maximum height of three feet may be constructed in the front yard and a fence with a maximum height of six feet may be constructed in the side and rear yards. A "living fence" shall be planted so that the main trunk of the shrub shall be no closer then 18 inches to the property line and a stationary fence may be constructed along the property line but not extending over the property line. In the event that either type of fence shall be jointly installed and maintained by abutting property owners, then either type of fence may be constructed upon the property line dividing the two properties. On a corner lot, both street lines shall be considered as a front property line and no fence higher than three feet may be constructed along either property line abutting the two streets constructed or installed on any lot unless the owner's residence will be located upon that lot or an adjoining lot.
c. 
No fence shall be constructed of barbed wire, razor wire, concertina wire or similar materials.
d. 
All fences shall be constructed with the face, or finished side, away from the property and the structural side toward the interior.
e. 
Fences which are painted shall be painted only one color, harmonious with the surrounding area. Multi-colored fences are prohibited.
f. 
Living fences or screening shall be planted no loser than 18 inches to the property line. Living fences shall be maintained in a neatly trimmed condition.
g. 
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.
h. 
Fences higher than six feet, such as those required around a tennis court, may be permitted in a residential zone by the Zoning Board of Adjustment. However, such a fence will be considered a structure, requiring a building permit, and shall meet minimum side and rear yard requirements for an accessory building.
i. 
For fences required around clothes drying area(s) of garden apartments, see the Zoning Chapter of the Code of the Borough of Milltown.
j. 
For fences required around a swimming pool, see Chapter 18, Swimming Pools, of the Code of the Borough of Milltown.
k. 
Fences shall not be erected on the property line without the approval of the adjacent property owner submitted in writing with the application for a fence permit.
[Ord. No. 04-1182 § 1; Ord. No. 05-1218 § 1]
a. 
The non-occupant owner of any structure which is let or rented to another for the purpose of living therein shall apply for a license for such structure on an application to be provided by the Borough Clerk and shall pay an annual nonrefundable licensing fee of $35 per structure plus $10 for each dwelling unit within the structure. The non-occupant owner shall include in the application his/her home and business addresses and day and evening telephone numbers. In the event the non-occupant owner of the renal structure designates an agent to act on his/her behalf or in his/her stead, including, but not limited to, accepting service of process and acting as the attorney-in-fact in any hearing, the application shall also include the agent's name, home and business addresses and day and evening telephone numbers. The day telephone number where the non-occupant owner or authorized agent can be reached during regular business hours shall be equipped with an answering service or device.
b. 
In the event the owner of the property is a corporation or entity other than an individual, the application shall include the names, the home and business addresses and day and evening telephone numbers for all officers of the corporation or other entity and shall further include the foregoing information of the registered agent. The owner or the authorized agent shall comply with the licensing provisions by March 1 of each calendar year. Failure to comply with this provision shall subject the owner and/or his/her agent to the penalties prescribed in Chapter 1, Section 1-5.
c. 
All non-owner occupied units shall be subject to an annual $20 inspection fee per unit, which shall be paid with the annual nonrefundable licensing fee.
[Ord. No. 04-1182 § 2]
Where a family member of the owner occupies a rental structure, the owner shall not be required to license such property. Family members shall be defined as children, mother or mother-in-law, father, father-in-law, sister or sister-in-law, brother or brother-in-law, grandparents or grandchildren of the non-occupant owner. The owner shall be required to submit a sworn affidavit by March 1 of each calendar year to the Municipal Clerk, which shall set forth the name of the individual occupying the property and the nature of the family relations to this individual.
[Ord. No. 04-1182 § 3]
Any change in the address of telephone number of owners shall be reported to the Borough Clerk within one business day after such change.
[Ord. No. 04-1182 § 4]
The owner shall be required to indicate the total number of dwelling units in each property rented, the location of each property, the number of persons living in each dwelling unit, the number of rooms in each dwelling unit and the square footage of each dwelling unit.
[Ord. No. 04-1182 § 5]
The owner shall be required to report any change in the number of occupants and the number of dwelling units to the Borough Clerk within five days after such change.
[Ord. No. 04-1182 § 6]
Nothing in this section shall impair the right of the State of New Jersey, Department of Community Affairs, to conduct and investigate complaints or perform inspections within the Borough of Milltown on a building which is inspected under the provisions of N.J.S.A. 55:13A-6(e), 55:13A-7 and 55:13A-7.1 regulations or interfere with its administrative process, nor does this section in any way imply that the Borough supersedes the regulations as established by the State of New Jersey.
[Ord. No. 04-1182 § 7]
A late penalty of 1 1/2 times the cost of the license as set forth in subsection 15-10.1 shall be imposed upon the owner for failure to complete the licensing process by March 1 of each calendar year. An additional penalty of 1 1/2 times the licensing fee shall be imposed on the first day of each month the licensing process remains incomplete.
[Ord. No. 04-1182 § 8]
All completed applications for a license under this chapter shall have attached thereto a sworn affidavit that property taxes have been paid through the preceding quarter and that all electric, water, sewer and any other municipal fees are current and up to date. A tax account, which is current under an installment agreement authorized by the Tax Collector, shall not be deemed delinquent for purposes of this provision. In addition, an electric or water/sewer account that is current under a deferred payment agreement authorized by the Electric Utility or Water/Sewer Utility shall not be deemed delinquent for purposes of this section.
[Ord. No. 04-1182 § 9]
The owner shall transfer no license issued under this section. Upon the sale, conveyance or other transfer of title and/or possession of the rental structure, the new owner shall apply for a new license not later than 30 days after the closing date of the sale or other transfer. The fee required for obtaining the new license shall be waived for the remainder of the licensing year. Thereafter, the new owner shall adhere to the licensing and fee requirements of subsection 15-10.1 above.
[Ord. No. 05-1218 § 10]
Upon receipt of a completed application and the license fee, the Borough Clerk shall issue a "temporary certificate" indicating that a license has been duly applied for and the Borough Clerk shall attach with a sample of the inspection form, which will be used to inspect the property by the Housing Code Official. A temporary certificate shall authorize the occupancy or continued occupancy of the dwelling unit in its present existence and use, pending the issuance or denial of the license. Structures to be converted to, or not currently utilized as, a rental unit must provide proof of eligibility by documents obtained through the municipal Tax Assessor, Zoning Official and Building Code Official and shall not be occupied for human habitation prior to the issuance of a temporary certificate.
[Ord. No. 05-1218 § 11]
Upon receipt of a completed application and the license fee, the Borough shall cause the dwelling and property upon which it is located to be inspected by the Borough Housing Code Official or such official's designated representative. The Housing Code Official or his/her designee shall inspect the dwelling and property to determine the following.
a. 
That the use of the property is in compliance with the applicable zoning laws.
b. 
That based upon an inspection of the interior and exterior of the dwelling, the dwelling meets the requirements of the Housing and Property Maintenance Codes of the Borough of Milltown.
If the Housing Code Official finds that the dwelling and property upon which it is located meets the requirements specified herein, then he or she shall approve the application and notify the Borough Clerk that the property has passed the inspection.
[Ord. No. 05-1218 § 12]
a. 
The Borough Clerk shall cause the license to be issued upon receipt of a properly completed application, the applicable license fee and the approval of the Housing Code Official. All rights granted under a temporary certificate shall expire upon the issuance of the license. Compliance with the requirements necessary to pass inspection shall be a continuing condition of the license; noncompliance with any such requirements may result in the suspension of the license.
b. 
If the Housing Code Official finds that the property does not meet the requirements of this article, a written denial specifying the defects shall be mailed or personally delivered to the applicant. At such time as the applicant has cured any defects and the Housing Code Official has verified the corrections thereof, the Borough Clerk shall cause the license to be issued in accordance with the provisions of this section. In the event the applicant has not cured all the defects specified by the Housing Code Official within 30 days of the delivery of the notice thereof, all rights granted under the temporary certificate shall expire.
[Ord. No. 05-1218 § 13]
Each initial license issued under the provisions of this section shall expire on the expiration date set forth in paragraph b of subsection 15-10.1 hereof. A license, other than an initial license, shall expire on the month and day set forth in subsection 15-10.1 following the date of its issuance. A license may be renewed upon the completion of the application, the payment of the licensing fee, and the property passing the inspection as provided in subsection 15-10.11 hereof. If a proper application has been filed for the renewal of a license and the licensing fee has been paid before the expiration date, the owner shall be deemed to be in compliance with the licensing requirements of this article pending the inspection being made by the Borough pursuant to subsection 15-10.11.
[Ord. No. 05-1218 § 14]
a. 
Whenever the Housing Code Official or his designee determines that any dwelling or the property surrounding such dwelling fails to meet the requirements set forth in this section, he or she shall suspend the license previously issued and shall issue a notice that such failure must be corrected. This notice shall:
1. 
Be in writing;
2. 
Set forth the alleged violation(s);
3. 
Describe the dwelling or other property where the violation or violations are alleged to exist or have been committed;
4. 
Provide a reasonable time, not to exceed 30 days, for the correction of any violations;
5. 
Be served on the owner of the dwelling personally, or by regular or certified mail, addressed to the last known place of residence of the owner, or the address of the owner provided on the application for license. If upon diligent effort to locate the owner, the owner cannot be found, notice may be posted on or near the dwelling located on the property described in the notice.
b. 
A license suspended pursuant to the provisions hereof shall be reinstated upon correction of the violation(s) set forth in the notice within the time provided in the notice.
c. 
Whenever the owner of a dwelling neglects or refuses to make repairs or take other corrective action called for order or notice of violation issued by the Housing Code Official within the time allowed by the notice, the Housing Code Official shall revoke the license previously issued and shall post a notice on the dwelling or other property stating the nature of the violation and that the license to rent the dwelling is revoked. It shall be unlawful and punishable as provided herein for any person to remove such notice posted by the Housing Code Official. The issuance of a new license shall be subject to requirements as set forth herein.
[Ord. No. 05-1218 § 15]
In addition to the remedies and penalties otherwise prescribed in this section, the Borough may abate any nuisance in the manner set forth in the Property Maintenance Code or the Housing Standards Code of the Borough of Milltown, providing for the abatement of nuisances and the assessment of costs, or may repair or remove any unsafe or dangerous structure in the manner set forth above, providing for the repair or removal of unsafe or dangerous structures or may take such action as may otherwise be provided by law or the codes of the Borough of Milltown.
[Ord. No. 05-1218 § 16]
The Housing Code Official of the Borough of Milltown shall enforce the provisions of this section and is thereby authorized to make inspections on a scheduled basis or when reason exists to believe that violation(s) of this section has been or is being committed.