[R.O. 1966 C.S. § 7A:5-1]
If any work authorized by any permit is not commenced within a period of 60 days after the date thereof, such permit shall thereupon become void and of no effect. No refund of the fees shall be made by the City.
[R.O. 1966 C.S. § 7A:5-2]
Any person, persons, firm, or corporation who shall fail to correct any violations, noted by the Construction Official or respective subcode official, or pay indebtedness to the City within five days, after being notified in writing by the City, shall have no further permits issued until such corrections have been made, inspected, and approved or the indebtedness paid.
[R.O. 1966 C.S. § 7A:5-3]
The owner of any premises upon which a building or structure is being constructed shall be deemed to have consented to the inspection by the Enforcing Agency of the entire premises and of any and all construction being performed on it until a certificate of occupancy has been issued.
An inspector, or team of inspectors, on presentation of proper credentials, shall have the right to enter and inspect such premises, and any and all construction thereon for purposes of ensuring compliance with the provisions of such violations or to require the removal or termination of the unlawful use of the building or structure in violation of the provisions of the Code or of the order or direction made pursuant thereto.
[R.O. 1966 C.S. § 7A:5-4; amended 1-10-2024 by Ord. No. 6PSF- F, 01-10-2024]
Any person or corporation including any officer, director, or employee of a corporation, who:
a.
Violates any of the provisions of the act or the Code shall be subject to a penalty of $500 for each such violation after expiration of the time period delineated in the notice and order to terminate, and shall be subject to a further penalty of $1,000 for each week in which he fails to comply with such order. The time period for such weekly penalty assessment shall begin to run from the day after the date set for compliance in the notice and orders to abate. Though all violations may for purposes of administration be sent in one form of notice and orders, each shall be considered a separate order and shall be computed as such for purposes of this section.
b.
Fails to comply with a stop construction order, shall be subject to a penalty of $1,000 for each day in which he/she fails to comply.
c.
Constructs a structure or building in violation of a condition of the construction permit, shall be subject to a penalty of $500 for each violation. Any further violation of the construction permit occurring after receipt of the notice and orders to terminate the original violations of the construction permit shall subject the violator to a penalty of $1,000 per violation.
d.
Makes a false or misleading written statement, or omits any required information or statement in any application or request for approval to an Enforcing Agency of the Department, shall be subject to a penalty of $1,500 for each such false or misleading statement or omission unless the Construction Official shall determine in writing and as part of the permanent file, that such were of no consequence, or the result of inadvertence.
e.
Any person or corporation including any officer, director, or employee of a corporation, who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building, or structure pursuant to this Title, or who unreasonably interferes with such inspection shall be subject to a fine of $1,000.
[R.O. 1966 C.S. § 7A:5-5]
a.
The Construction Official shall serve, either personally or by certified mail — return receipt requested, a notice of penalty assessment and order to pay penalty, whenever he/she shall not have done so in the original orders and notice.
b.
The notice and order shall contain at least the following information: The name and address of the owner or lessee; the address at which the violation has occurred; the name and business address of the person upon whom service is made, if it be other than the owner; the name and address of the person to whom the order is directed; and in the case of a violation of Section 7:5-6, a statement of the subsection violated and the specifics of that violation; and a statement of the total amount of the penalty due or in the case of a weekly assessment accruing each week that the violation remains.
c.
The penalties pursuant to this section may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law" (N.J.S. 2A:58-1 et seq.). Jurisdiction to enforce such penalties is conferred upon Judges of the Municipal Court in addition to the courts specified in N.J.S. 2A:58-2. Suit may be brought by a municipality or the State of New Jersey. Payment of a money judgment pursuant hereto shall be remitted in the case of a suit brought by the State of New Jersey to the State Treasurer.
d.
The Construction Official may avail himself/herself of the monetary penalty assessment provisions hereinabove described, whenever such shall be likely to assist in bringing about compliance.
[R.O. 1966 C.S. § 7A:5-6]
If the construction of a structure or building is being undertaken contrary to the provisions of the Code, or other applicable laws, or ordinances, the Enforcing Agency may issue a stop construction order in writing, which shall state the conditions upon which construction may be resumed and which shall be given to the owner or the holder of the construction permit or to the person performing the construction. If the person doing the construction is not known, or cannot be located with reasonable effort, the notice may be delivered to the person in charge of, or apparently in charge of, the construction. No person shall continue, or allow to be continued, the construction of a building or structure in violation of a stop construction order, except with the permission of the Enforcing Agency to abate a dangerous condition or remove a violation, or except by court order. If an order to stop construction is not obeyed, the Enforcing Agency may apply to the appropriate court as otherwise established by law for an order enjoining the violation of the stop construction order. The remedy for violation of such an order provided in this section shall be in addition to, and not in limitation of, any other remedies provided by these regulations, law, or ordinance.
[R.O. 1966 C.S. § 7A:5-7]
a.
Determination. All buildings, or structures that shall become unsafe, or unsanitary, or which contains deficient or blocked exitway facilities, or which constitute a fire hazard or are otherwise dangerous to human life or the public welfare or which by reason of illegal or improper use or occupancy, shall be deemed unsafe buildings or structures, shall be taken down and removed or made safe and secure. A vacant building, unguarded or open at door or window shall be deemed a fire hazard and unsafe within the meaning of this Code.
b.
Examination and Record of Damaged Structure. The Construction Official shall examine every building or structure reported as dangerous, unsafe structurally or constituting a fire hazard; and he/she shall cause the report to be filed in a docket of unsafe structures and premises; stating the use of the structure, the nature and estimated amount of damages, if any, caused by collapse or failure, the applicable construction permit, the Code, and other applicable laws and regulations. All inspection pursuant to this act shall be between the hours of 9:00 a.m. and 4:00 p.m. on business days, or when construction is actually being undertaken, provided, however, that inspections may be conducted at other times if the Enforcing Agency has reasonable cause to believe that an immediate danger to life, limb, or property exists, or if permission is given by an owner, or his agent, architect, engineer, or builder. No person shall accompany an inspector or team of inspectors on an inspection pursuant to the Code, unless his/her presence is necessary for the enforcement of the Code, or unless consent is given by an owner or his agent, architect, engineer or builder.
Nothing herein is intended to limit the right of a municipality to adopt housing, property maintenance, or public health, Code enforcement rules pursuant to any other law, ordinance, or judicial decision of this State.
[R.O. 1966 C.S. § 7A:5-8; amended 1-10-2024 by Ord. No. 6PSF- G, 01-10-2024]
a.
The Construction Official shall serve, either personally or by certified mail return-receipt requested, a notice of violation and orders to terminate on the person responsible for the erection, construction, alteration, extension, repair, removal, demolition, or use of a building or structure in violation of the provisions of the Code, or in violation of a detailed statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this Code; and such order shall direct the discontinuance of the illegal action or condition and the correction of the violation.
b.
The notice and orders shall contain at least the following information: the name and address of the owner or lessee; the address at which the violation has occurred; the name and business address of the person upon whom service is made if it be other than the owner; the name and address of the person to whom the order is directed; a citation to the section of the Code violated; an order to terminate violations within a time specified in the order; the amount of the penalty assessed, if any, and citation to its statutory and regulatory source, and if cumulative, an explanation of the method of computation; and be signed by the appropriate Subcode Official and the Construction Official.
c.
Unless an immediate hazard to health and safety is posed, the Construction Official shall permit such time period for correction as is reasonable within the context of the violation.
d.
Once a Stop Work Order has been issued and property is found to be an unauthorized conversion, and it is determined that the owner, developer and/or contractor continues to perform work on the subject premises, the City of Newark is authorized to board up the property, and all costs of boarding up the premises shall be charged to the owner of the property.
e.
Once a Stop Work Order has been issued and it is determined that a contractor or sub contractor continues to perform work on the property they shall be subject to a fine of $1,000 for every day they are found to be working on the property in violation of the Stop Work Order as per the determination of same by the Construction Official.
f.
Once a Stop Work Order has been issued and it is determined that residents have been found to be living in any part of the building, and the Construction Official has determined that the property, building or structure is unsafe, uninhabitable, or an unauthorized conversion, in that event the owner of the property shall be responsible and pay for the following expenses of the residents by:
g.
Once a Stop Work Order has been issued and it is determined that the Stop Work Order is being ignored by the owner, developer or contractor, the Construction Official and/or Subcode Official are hereby authorized to file a Lis Pendens on the subject.
[R.O. 1966 C.S. § 7A:5-9]
The Construction Official may grant extensions of time specified whenever he/she shall determine that despite diligent effort compliance cannot be accomplished within the time specified in the notice. If, however, such extension shall be for a period in excess of three working days, the Construction Official shall require a written application of extension stating the need upon which he/she shall rule in writing and which shall be made a part of the permanent file of the project.
[R.O. 1966 C.S. § 7A:5-10]
a.
Additional Remedies Available. If the notice of violation and orders to terminate have not been complied with, the Construction Official in addition to any other available remedies likely to bring about compliance, may request the legal counsel of the municipality, to institute the appropriate proceeding at law or in equity to restrain, correct, or abate.
b.
Notice of Unsafe Structure. If an unsafe condition is found in a building or structure, the Construction Official shall serve on the owner, agent, or person in control of the building or structure a written notice describing the building or structure deemed unsafe and specifying the required repairs or improvements to be made to render the building or structure safe and secure, or requiring the unsafe building or structure or portion thereof to be demolished within a stipulated time. Such notice shall require the person thus notified to immediately declare to the Construction Official his/her acceptance or rejection of the terms of the order.
c.
Restoration of Unsafe Structure. A building or structure condemned by the Construction Official may be restored to safe condition provided change of use or occupancy is not contemplated or compelled by reason of such reconstruction or restoration; except that if the damage or cost of reconstruction or restoration is in excess of 50% of its replacement value, exclusive of foundations, such structure shall be made to comply in all respects with the requirements for methods of construction of structures hereafter erected.
d.
Posting Unsafe Notice. If the person addressed with an unsafe notice cannot be found within the City after diligent search, then such notice shall be sent by registered or certified mail to the last known address of such person; and a copy of the unsafe notice shall be posted in a conspicuous place on the premises; and such procedure shall be deemed the equivalent of personal notice.
Upon refusal or neglect of the person served with an unsafe notice to comply with the requirements of the order to abate the unsafe condition, the Construction Official shall in addition to any other remedies herein provided, forward the matter to the legal counsel of the jurisdiction, or in the case of the State to the Attorney General, for an action to compel compliance.
[R.O. 1966 C.S. § 7A:5-11]
a.
Order to Vacate. When in the opinion of the Construction Official, there is actual and immediate danger of failure or collapse of a building or structure or any part thereof which would endanger life, or when any structure or part of a structure has fallen and life is endangered by the occupation of the building or structure, the Construction Official is hereby authorized and empowered to order and require the occupants to vacate the same forthwith. He/she shall cause to be posted at each entrance to such building a notice reading as follows:
This structure is unsafe and its use or occupancy has been prohibited by the Construction Official, and it shall be unlawful for any person to enter such building or structure except for the purpose of making the required repairs or of demolishing the same.
b.
Temporary Safeguards. When, in the opinion of the Construction Official, there is actual and immediate danger of collapse or failure of a building or structure or any part thereof which would endanger life, he/she shall cause the necessary work to be done to render such building or structure or part thereof temporarily safe, whether or not the legal procedure herein described has been instituted.
c.
Closing Streets. When necessary for the public safety, the Construction Official may temporarily close sidewalks, streets, buildings, and the structures and places adjacent to such unsafe structures, and prohibit the same from being used.
d.
Emergency Repairs. For the purposes of this section, the Construction Official shall employ the necessary labor and materials to perform the required work as expeditiously as possible.
e.
Costs of Emergency Repairs. Costs incurred in the performance of emergency work shall be paid from the treasury of the jurisdiction on certificate of Construction Official; and the legal authority of the jurisdiction shall institute appropriate action against the owner of the premises where the unsafe building or structure was located for the recovery of such costs.