[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.
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.
8.
|
Water test: $30
|
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Smoke Test: $30
|
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Radon: $30
|
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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.
f.
g.
Electric Subcode Fees.
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:
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125 amp
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$30
|
|
150 amp
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$35
|
|
200 amp
|
$37
|
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2 gang
|
$48
|
|
3 gang
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$55
|
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4 gang
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$70
|
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3 phase
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$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:
d.
Sign permit as set forth in Section 34-33.23 of the Code of the Borough of Milltown:
|
Up to 10 square feet
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$75
|
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11-50 square feet
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$100
|
|
Over 50 square feet
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$175
|
e.
Zoning use permit, based on gross floor area
|
0-500 square feet
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$50
|
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501-1500 square feet
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$75
|
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1501-3000 square feet
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$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:
Shall mean the Fire Subcode Official, Building Subcode Official,
Sanitary Subcode Official of the Borough of Milltown.
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.
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.
Shall mean the holder of the title in a fee simple.
Shall mean all individuals, associations and corporations
who have interest of record in a dwelling and any who are in possession
thereof.
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]
[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 Planning Board.
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.
[Amended 11-9-2020 by Ord. No. 2020-1494]
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.
