[1979 Code § 2-23.1]
There shall be a Board of Alcoholic Beverage Control composed
of three (3) members appointed by the Council. All appointment shall
be for a three (3) year period. No more than two (2) members shall
be appointed from any one (1) political party.
[1979 Code § 2-23.2]
The Board of Alcoholic Beverage Control shall have the powers
and duties provided for such boards in Title 33 of the New Jersey
Statutes and it shall in all respects be governed by the provisions
of such Statute. The Board shall be vested with the exclusive powers,
duties and rights to administer the provisions of Title 33 in the
City of Linden in accordance with the Statute.
[1979 Code § 2-23.3]
There shall be a secretary to the Board of Alcoholic Beverage
Control appointed by the Board with the approval of the City Council.
The secretary shall receive such annual salary as shall be determined
by the Board.
[1979 Code § 2-24.1; Ord. No. 20-161; Ord. No. 26-34 § 1]
There shall be an Office of Emergency Management pursuant to
N.J.S.A. App. A. 9-41 and Executive Order No. 101, and a Coordinator
of Emergency Management thereof. The Police Department and all departments
of the City government shall cooperate and assist the office of emergency
management as required.
[1979 Code § 2-24.1; Ord. No. 20-161; Ord. No. 26-34 § 1]
a.
In the event an emergency is declared under the jurisdiction of the
Office of Emergency Management pursuant to applicable statutes and
regulations promulgated thereunder, and in the event such event affects
the public health, safety or welfare and requires the immediate delivery
of goods, articles or services, which delivery cannot be delayed to
obtain approval of City Council, any purchase, contract or agreement
for such goods, articles or services may be made, negotiated or awarded
without public advertising for bids and bidding therefor notwithstanding
the bidding requirements of the Local Public Contracts Law (N.J.S.A.
40A:11-1 et seq.) providing that the provisions of the following paragraph
are followed.
b.
A written requisition for the performance of such work, labor or
furnishing of materials, supplies or services shall be filed with
the Purchasing Agent describing the nature of the emergency, the time
of its occurrence, and the need for invoking this section, certified
by the Coordinator of Emergency Management.
c.
Upon receiving the aforesaid requisition and certification, and further
upon receiving verification that the goods, supplies or services have
in fact been delivered or rendered, the City of Linden through City
Council shall ratify such agreement or contract and shall take appropriate
action to effectuate payment for the contract price.
[1979 Code § 2-24.2; Ord. No. 20-161 §§ 1, 2; New]
a.
Natural disasters and severe weather conditions cause great damage
to municipalities, as evidenced by the winters of 1977 and 1978. The
State of New Jersey and the Federal Government, at various times,
reimburse such municipalities for certain costs resulting from extensive
damage.
b.
The Superintendent of Public Works, or his designee, shall hereby
be appointed "Damage Assessment Coordinator" and shall be responsible
for assessing and reporting damages and maintaining cost records.
He shall coordinate his work with the Coordinator of Emergency Management,
County Emergency Management Coordinator and the State Office of Emergency
Management. No additional salary shall be paid for these services.
[1979 Code § 2-36.1; Ord. No. 30-32 § 1]
There is hereby created as an instrumentality of the City of
Linden, within and under the Office of the Mayor, a Mayor's Senior
Citizen Advisory Board, the purpose of which shall be to undertake
and promote activities and programs of benefit to senior citizens
of the City of Linden.
[1979 Code § 2-36.2; Ord. No. 30-32 § 2]
The Board membership shall consist of no more than ten (10)
members, each of whom shall be senior citizens. Members shall be appointed
by the Mayor and shall so serve until the expiration of the term fixed
for members by the Board's bylaws.
[1979 Code § 2-36.3; Ord. No. 30-32 § 3]
The Board shall adopt and maintain by-laws designed to effectively
enhance and regulate its operation and conduct. The bylaws and any
amendments thereto, to be effective, must be passed by a two-thirds
(2/3) majority of the full membership of the Board.
[1979 Code § 2-36.4]
The Board shall be permitted, subject to rules and regulations
to be imposed by the Mayor and Council, to utilize City real and personal
property to carry out its functions and responsibilities.
[1979 Code § 2-17]
There shall be a Board of Assistance in the City composed of
three (3) members appointed by the Mayor with the advice and consent
of the Council. One (1) member of the Board shall serve for a term
of one (1) year, and shall be a member of the City Council. Two (2)
members shall serve for terms of two (2) years each, except that of
those latter two (2) first appointed, one (1) shall be appointed to
serve for one (1) year and one (1) for two (2) years. They shall serve
without compensation. The Local Assistance Board shall have such powers
and perform such duties as are prescribed by general law and ordinance,
and shall appoint a Director of Welfare pursuant to State law.
[1979 Code § 2-18.1]
There shall be in and for the City of Linden a Board of Health
in accordance with N.J.S.A. 26:3-1 et seq.
[1979 Code § 2-18.2]
The Board of Health shall consist of seven (7) members appointed
the Council. All members of the Board hereafter appointed shall hold
office for the full term of four (4) years except in case of vacancies,
which vacancies shall be filled for the unexpired term.
[1979 Code § 2-18.3]
The Board of Health shall have the power and authority to adopt
ordinances relating to the protection of the health of City residents,
shall employ and have under its jurisdiction the Health Officer, and
such other employees as are necessary to carry out its duties, and
fix their salaries. The Board of Health shall have all of the jurisdiction
conferred upon Boards of Health by Title 26 of the New Jersey Statutes.
[1979 Code § 2-18.4; Ord. No. 28-50 § 1]
There is hereby created a position within the Board of Health
the position of Animal Control Officer.
[1979 Code § 2-15]
There shall be a Zoning Board of Adjustment so constituted and appointed and having such power and duties as set forth in Chapter 28, Land Use Procedures.
[1979 Code § 2-16]
There shall be a Planning Board so constituted and appointed and having such powers and duties as set forth in Chapter 28, Land Use Procedures.
[1979 Code § 2-37.1; Ord. No. 24-2 § 1]
The City of Linden Environmental Commission is hereby established
pursuant to N.J.S.A. 40:56A-6.
[1979 Code § 2-37.2; Ord. No. 24-2 § 2; Ord. No. 24-79 §§ 1, 2; Ord. No. 36-31 § 1]
a.
A Commission shall consist of seven (7) members appointed by the
Mayor, one of whom shall also be a member of the Planning Board and
all of whom shall be residents of the City of Linden; the members
shall serve without compensation except as hereinafter provided. The
Mayor shall designate one (1) of the members to serve as chairman
and presiding officer of the Commission. The term of office of the
Commissioners shall be for three (3) years and until the appointment
and qualification of their successors.
b.
There is hereby authorized the appointment of not more than two (2)
alternate members of the Environmental Commission of the City of Linden
pursuant to N.J.S.A. 40:56A-1. Alternate members shall be designated
at the time of appointment by the authority appointing them as "Alternate
No. 1" and "Alternate No. 2." The terms of the alternate members shall
be for two (2) years, except that the terms of the alternate members
first appointed shall be two (2) years for Alternate No. 1 and one
(1) year for Alternate No. 2 so that the term of not more than one
(1) alternate member shall expire in any one (1) year. A vacancy occurring
otherwise than by expiration of term shall be filled by the appointing
authority for the unexpired term only. An alternate member shall not
be permitted to act on any matter in which he has either directly
or indirectly any personal or financial interest. An alternate member
may, after public hearing if he requests one, be removed by the Governing
Body for cause.
c.
An alternate member may participate in discussions of the proceedings
but may not vote except in the absence of disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member. In the event that a choice
must be made as to which alternate members is to vote, Alternate No.
1 shall vote first.
d.
The Mayor or City Council may remove any member of the Commission
for cause on written charges served upon the member and after a hearing
thereon of which the member shall be entitled to be heard in person
or by counsel. A vacancy on the Commission occurring otherwise than
by expiration of a term shall be filled for the unexpired term in
the same manner as an original appointment.
[1979 Code § 2-37.3; Ord. No. 24-2 § 3]
The Commission is established for the protection, development
or use of natural resources including water resources, located within
the territorial limits of the City of Linden. The Commission shall
have power to conduct research into the use and possible use of the
open land areas of the City and may coordinate the activities of unofficial
bodies organized for similar purposes, and may advertise, prepare,
print and distribute books, maps, charts, plans and pamphlets which
in its judgment it deems necessary for its purposes. It may keep an
index of all open areas, publicly or privately owned, including open
marshlands, swamps and other wetlands, in order to obtain information
on the proper use of such areas and may recommend to the Planning
Board, plans and programs for inclusion in the master plan and the
development and use of such areas.
[1979 Code § 2-37.4; Ord. No. 24-2 § 4]
The Environmental Commission may, subject to the approval of
the City Council, acquire property, both real and personal, in the
name of the City by gift, purchase, grant, bequest, devise or lease
for any of its purposes and shall administer the same for such purposes
subject to the terms of the conveyance or gift. Such an acquisition
may be to acquire the fee or any lesser interest, development right,
easement (including conservation easement), covenant or other contractual
right (including a conveyance on conditions or with limitations or
reversions), as may be necessary to acquire, maintain, improve, protect,
limit the future use or otherwise conserve and properly utilize open
spaces and other land and water areas in the City.
[1979 Code § 2-37.5; Ord. No. 24-2 § 5]
The Environmental Commission shall keep records of its meetings
and activities and make an annual report to the City Council.
[1979 Code § 2-37.6; Ord. No. 24-2 § 6]
The Commission may appoint such clerks and other employees as
it may require, provided the same shall be within the limits of funds
appropriated to it by the City Council for its expenses.
[1979 Code § 2-37.7; Ord. No. 24-2 § 7; New]
The Environmental Commission shall have power to study and make
recommendations concerning open space preservation, water resources
management, air pollution control, solid waste management, noise control,
soil and landscape protection, environmental appearance, marine resources
and protection of flora and fauna and other environmental matters.
[1979 Code § 2-37.8; Ord. No. 30-12 § 1; New]
Any application submitted to the Planning Board, Zoning Board
of Adjustment, or any other City board, commission or entity, or any
matter to be considered by any of the aforesaid bodies, which involves
a matter which could reasonably be determined to have a substantial
environmental impact, shall be forwarded to the Environmental Commission
for review and recommendation. Each such body may accept, reject,
accept in part, reject in part or modify any such recommendation by
the Environmental Commission except as otherwise provided by law.
The Commission may also review and consider applications directly
from any prospective applicant to the City of Linden.
[New]
The procedures of all meetings shall be in compliance with the
Open Public Meetings Act, Chapter 231, P.L. 1975. Further, the Commission
meetings are governed by Roberts Rules of Order and the Chairman shall
perform all duties required as set forth in the Bylaws.
Editor's Note: The Shade Tree Commission, previously codified in Section 2-58, was repealed and replaced with the Shade Tree Advisory Board 12-20-2022 by Ord. No. 66-75. Prior history includes 1979 Code
§ 2-20.1 – § 2-20.3.
[Added 12-20-2022 by Ord.
No. 66-75]
There is hereby created a Shade Tree Advisory Board (Board)
which, pursuant to this chapter, shall exercise the functions, powers
and duties prescribed by this chapter. The Board shall consist of
five members appointed by the Mayor (except as otherwise provided
below), and such members shall be residents of the municipality and
shall serve without compensation, except in the case of the municipal
staff member of the board who shall be permitted to reside outside
the municipality.
[Added 12-20-2022 by Ord.
No. 66-75]
a.
First Board Members.
1.
The first Board Members shall be appointed annually, and their terms
of office shall commence upon the day of their appointment and be
for the following periods:
(a)
One member for a two-year term who shall be selected by the
Mayor.
(b)
One member for a two-year term who shall be selected by the
Mayor from the Environmental Commission.
(c)
One member for a three-year term who shall be selected by the
Mayor from the staff of the City.
(d)
One member for a four-year term who shall be selected by the
Mayor.
(e)
One member for a five-year term who shall be selected by the
Mayor.
2.
The above terms shall be calculated from January 1, 2023. The term
of each appointee shall be designated in the appointing resolution
at the time of appointment.
b.
All subsequent appointments, except to fill vacancies, shall be for
a full term of five years, to take effect on January 1st.
[Added 12-20-2022 by Ord.
No. 66-75]
a.
The Board shall advise and assist the City Council with respect to
the selection, planting, care, culture, trimming and where appropriate,
removal of shade trees in the City. It shall develop and recommend
to the City Council a suitable shade tree program for the city.
b.
It shall be the responsibility of the Board to study, investigate,
develop, and update as-needed and administer a policy for the care,
preservation, pruning, planting, replanting, removal or disposition
of trees and shrubs in parks, along streets and in other public areas.
Such plan will be presented initially to the City Council for consent
and approval, and as often as needed when modifications are made to
the plan. The Shade Tree Advisory Board, when requested by the City
Council, shall consider, investigate, make findings, report and recommend
upon any special matter or question coming within the scope of its
work.
[Added 12-20-2022 by Ord.
No. 66-75]
a.
The Shade Tree Advisory Board shall designate its own officers who
shall, at a minimum, be the chairperson, vice-chairperson, and recording
secretary, all selected from among its membership. The Board shall
make its own rules for conducting meetings of the Board. The Board
shall keep a journal or record of its proceedings and actions.
b.
A majority of the members shall constitute a quorum for the conduct
of business.
[1979 Code § 2-34.1; Ord. No. 29-51 § 1]
There is hereby created as an instrumentality of the City of
Linden, within and under the office of the Mayor, a Mayor's Youth
Commission, the purpose of which shall be to undertake and promote
activities and programs of benefit to the youth of the City of Linden.
[1979 Code § 2-34.2; Ord. No. 29-51 § 2]
The Board of Trustees shall consist of up to nine (9) trustees
who shall also serve until the expiration of the term of office fixed
for trustees by the Commission's bylaws. Trustees of the Commission
shall be appointed by the Mayor with the confirming majority vote
of the membership. The trustees shall include the Mayor, and if possible,
representatives from the Recreation Department, Police Department,
Board of Education, a member of the clergy, and a legal counselor.
[New]
The Commission shall consist of as many members as the Mayor,
in his discretion, shall appoint and designate. The members shall
serve for the term specified in the Commission's Bylaws.
[1979 Code § 2-34.4; Ord. No. 29-51 § 4]
The Commission shall adopt and maintain bylaws designed to effectively
enhance and regulate its operation and conduct. The bylaws and any
amendments thereto, to be effective, must be passed by a two-thirds
(2/3) majority of the full membership for the Commission.
[1979 Code § 2-34.5; Ord. No. 29-51 § 5]
The Commission shall be permitted, subject to rules and regulations
to be imposed by the Mayor and Council, to utilize City real and personal
property to carry out its functions and responsibilities.
[1979 Code § 2-29.1]
The Morse's Creek Flood Control Commission shall be established
in accordance with N.J.S.A. 40:14-16 et seq., and the City of Linden
agrees to participate in the creation and operation of such commission.
The municipalities and County invited to participate in the
Commission are the City of Linden, the Borough of Roselle, the Borough
of Roselle Park, the Borough of Kenilworth, the Township of Cranford
and the County of Union.
[1979 Code § 2-29.2]
The Morse's Creek Flood Control Commission shall:
a.
Collect, study and analyze data on flooding, past floods and the
causes of floods in the area.
b.
Make such data and studies available to the participating members,
to the Division of Water Policy and Supply, the United States Army
Corps of Engineers, local and County planning boards and officials
concerned with subdivisions and development of properties within the
floodway and drainage area.
c.
Keep itself informed as to the availability of State and Federal
funds and grants and the procedures for applying therefor, and make
such information available to participating members.
d.
Coordinate the activities of the participating members relating to
flooding, flood prevention, brook cleaning and the like.
e.
Encourage the acquisition of lands within the floodway and low lying
areas by appropriate County park commissions, counties or participating
municipalities.
f.
Publicize methods of flood control and flood prevention.
g.
Encourage its participating members, and others, to adopt appropriate
ordinances and regulations relating to flood control.
h.
Encourage its participating members to support other programs designed
or intended to alleviate flooding.
i.
Perform such other acts and fulfill such other functions as may be
permitted by law and as determined by members, subject to the limitations
in the Agreement and subject to limitations as set forth in Chapter
316 of the Laws of 1971 of the State of New Jersey.
[1979 Code § 2-29.3]
Any number of members of the Commission shall have the right
to meet at regularly scheduled meetings. Any action taken involving
the expenditure of funds other than clerical and mailing connected
with the usual business of the Commission shall be adopted only at
a meeting at which there are at least one (1) County representative
and at least one (1) representative from each municipality.
[1979 Code § 2-29.4]
Each member municipality and County reserves the right, pursuant
to N.J.S.A. 40:14-17, to withdraw from the Commission, provided, however,
that at least ninety (90) days' notice of such intention is given
to the Commission, and provided further that such withdrawal, after
the adoption of the Commission budget for a given year shall not abrogate
the responsibility of the municipality or County to meet its responsibility
and obligation under the budget for such year.
[1979 Code § 2-29.5]
a.
The general administrative and other expenses of the Commission,
affecting the Commission as a whole, shall be apportioned among the
members as follows:
1.
One-fourth (1/4) thereof to be borne by Union County.
2.
Three-fourths (3/4) thereof to be apportioned among other municipalities
according to a formula taking into account total area within the drainage
basin and resulting in the following:
|
Linden
|
$53.76
|
|
Roselle
|
$29.03
|
|
Roselle Park
|
$11.29
|
|
Cranford
|
$3.23
|
|
Kenilworth
|
$2.69
|
|
In the event other municipalities with areas in the Morse's
Creek Drainage Basin decide to join the Commission, the formula used
to obtain the foregoing percentages shall be reapplied to determine
the apportionment among the remaining and participating municipalities.
|
b.
Whenever a specific project is to be undertaken involving less than
the interests of all of the participating members or of special benefit
to less than all of the participating members, the apportionment of
the costs thereof shall be agreed upon by the participating members
specially benefited thereby in advance of authorization of such project.
c.
The apportionments set forth herein may be changed by agreement among
the participating municipalities and County provided however that
there shall be no increase in the percentage to be contributed by
any participant in the expenses set forth in paragraph a above without
the consent of the Governing Body of such participating member.
[1979 Code § 2-29.6]
The tentative annual budget for the Commission shall be adopted
by the Commission no later than January 15th of each year, and such
adoption shall be by a vote of at least one (1) County representative,
regardless of the total number of counties represented thereby, and
at least one (1) representative from each municipality, regardless
of the total number of municipalities represented thereby. A copy
of such tentative budget shall be sent to the Governing Body of each
of the participating counties and municipalities within one (1) week
of the adoption thereof. Such notice shall include notification of
the date fixed by the Commission for final adoption of such budget,
which shall be at least three (3) weeks after the date of tentative
adoption by the Commission.
[1979 Code § 2-29.7]
a.
The Mayor shall appoint, with the Council's approval, two (2) representatives
to the Commission. Either or both of the representatives may be a
member of the Council or hold other elective or appointive office
in the City.
b.
Each representative shall serve for a term of five (5) years or until
his successor has been appointed and qualified, except that any appointed
representative who holds other elective or appointive public office
shall serve as such representative for the term of his elected or
appointed office and only so long as he shall hold such elected or
public office, notwithstanding his term of appointment to the Commission
as representative. Appointments to vacancies shall be filled for the
balance of the term only.
c.
In addition to such representatives, the Mayor shall appoint, with
Council's approval, two (2) alternate representatives to the Commission
who shall serve for the term of one (1) year each, or until the appointment
and qualification of their successors. Such alternates shall have
the right to attend all meetings of the Commission and take part in
all discussions. The alternates shall be designated as first alternate
and second alternate, and in such order may represent the City Council
and vote in the event of the absence or disability of one (1) or both
of the representatives.
No alternate representative shall automatically succeed to a
representative position upon a vacancy occurring in a regular position.
[Ord. No. 51-08 § 1; Ord. No. 62-26; amended 10-15-2019 by Ord. No.
63-44]
There shall be within the City of Linden a Linden Cultural and
Heritage Committee, the purpose of which shall be to undertake and
to promote activities and programs for the benefit of all citizens
of the City, to preserve the bringing of cultural events to the City,
and to preserve the heritage and history of the City of Linden.
The Committee membership shall consist of the Mayor or his designee,
the Council President or his designee, a Council member as chosen
by the Council annually, the Division head of Public Works or his
designee, the Division head of Public Property or his designee, the
Director of Parks and Recreation or his designee, and the Superintendent
of the School District or his designee, and not more than 20 public
members, of whom a maximum number of three members may reside outside
the City of Linden. Members shall be appointed as follows: five members
by the Mayor, five members by the Council President, 10 members by
Council; and each shall serve until the expiration of a term of four
years, in terms to be staggered with no more than five terms expiring
in any year. The order of such terms and the expiration of same shall
be set forth in the bylaws of the Committee. The Committee Chairman
shall be selected from among the public members. Nonresidents of the
City of Linden shall not serve as officers, whether through an election
or through appointment.
The Committee shall adopt and maintain bylaws that effectively
enhance and regulate its operation and conduct. The bylaws and any
amendments thereto, to be effective, must be passed by a 2/3 majority
of the full membership of the Committee.
The Committee shall be permitted, subject to rules and regulations
to be imposed by the Mayor and Council, to utilize real and personal
property of the City to carry out its functions and responsibilities.
All funds received by the Committee shall be furnished to the
City Chief Financial Officer in the Department of Finance upon receipt
thereof. Disbursements of funds on behalf of the Committee shall be
made by the Department of Finance upon the presentation of a proper
voucher for payment to the City Council of the City of Linden.
[Ord. No. 51-62 § 1]
There is hereby created the position of Municipal Housing Liaison
for the purpose of administering the City of Linden's Affordable Housing
Program pursuant to the Fair Housing Act.
[Ord. No. 51-62 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the City of Linden's responsibility
to assist in the provision of affordable housing pursuant to the Fair
Housing Act of 1985.
[Ord. No. 51-62 § 1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
control of some or all units in the affordable housing program for
the City of Linden to ensure that the restricted units under administration
are affirmatively marketed and sold or rented, as applicable, only
to low- and moderate-income households.
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the City of Linden.
[Ord. No. 51-62 § 1]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Liaison for the City
of Linden.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the City
of Linden, including the following responsibilities which may not
be contracted out, exclusive of paragraph 6, which may be contracted
out:
1.
Serving as the City of Linden's primary point of contact for all
inquiries from the State, affordable housing providers, Administrative
Agents, and interested households.
2.
Monitoring the status of all restricted units in the City of Linden's
Fair Share Plan.
3.
Compiling, verifying and submitting annual reports as required by
COAH.
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable.
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH.
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in the City of Linden as described in paragraph
f below.
d.
Subject to the approval of COAH, the City of Linden may contract
with or authorize a consultant, authority, government or any agency
charged by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of the City of Linden,
except for those responsibilities which may not be contracted out
pursuant to paragraph c above. If the City of Linden contracts with
another entity to administer all or any part of the affordable housing
program, including the affordability controls and Affirmative Marketing
Plan, the Municipal Housing Liaison shall supervise the contracting
Administrative Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative Powers and Duties Assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the City of Linden and the provisions of N.J.A.C. 5:80-26.15.
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households.
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit.
(c)
Providing written notification to each applicant as to the determination
of eligibility or ineligibility.
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located.
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the City of Linden when referring households for
certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit.
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate.
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
County Register of Deeds or County Clerk's office after the termination
of the affordability controls for each restricted unit.
(d)
Communicating with lenders regarding foreclosures.
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental.
(b)
Instituting and maintaining an effective means of communicating
information to low- or moderate-income households regarding the availability
of restricted units for resale or re-rental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners or restricted units
who wish to take out home equity loans or refinance during the term
of their ownership.
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air conditioning systems.
(c)
Processing requests and making determinations on requests by
owners or restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it.
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgment of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent.
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agency where complaints
of excess rent can be made.
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4.
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other appropriate
municipal fund approved by the DCA.
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls.
(g)
Proving annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
[1979 Code § 2-19.1]
Pursuant to the provisions of the Redevelopment and Housing
Law, N.J.S.A. 40A:12A-17, et seq., there is hereby created the Housing
Authority of the City.
[1979 Code § 2-19.2; New]
The Housing Authority shall have and possess all the authority,
powers and duties provided by N.J.S.A. 40A:12A-17.
[1973 Code § 2-19.3; New]
The Housing Authority shall consist of seven (7) members. The
Council shall appoint five (5) commissioners. The Mayor shall appoint
one (1) commissioner and one (1) commissioner shall be appointed by
the New Jersey Commissioner of Community Affairs. Commissioners, except
for the commissioner appointed by the Department of Community Affairs,
shall hold office for a term of five (5) years, except that all vacancies
shall be filled for the unexpired term only.
[1979 Code § 2-26.1]
There are in and about the Borough of Roselle and the City of
Linden, in the County of
Union, New Jersey, waters which are polluted and are subject
to pollution by sewage and industrial and other wastes, arising from
causes within the Borough and City. The City Council has ascertained
that there is imperative need to relieve such waters from pollution
and thereby to reduce and ultimately abate the menace to the public
health resulting from such pollution.
The Sewerage Authorities Law, N.J.S.A. 40:14A-1 et seq., grants
power to any two (2) or more municipalities, the areas of which together
comprise an integral body of territory, by means and through the agency
of a sewerage authority, to acquire, construct, maintain, operate
or improve works for the collection, treatment, purification or disposal
of sewage or other wastes. The areas of the Borough of Roselle and
the City of Linden together comprise an integral body of territory.
The City Council has decided and hereby determines that it is
necessary and advisable and is in the best interests of the inhabitants
of the City that there be created a joint sewerage authority pursuant
to the Sewerage Authorities Law as a public body corporate and politic
and an agency and instrumentality of the Borough of Roselle and the
City of Linden, for the purpose of relief of the waters in and bordering
the State from pollution arising from causes within the Borough and
the City and the consequent improvements of conditions affecting the
public health.
[1979 Code § 2-26.2]
Pursuant to the provisions of the Sewerage Authorities Law,
there is hereby created a public body corporate and politic under
the name The Linden-Roselle Sewerage Authority.
[1979 Code § 2-26.3]
The Sewerage Authority shall have and exercise all the powers
and perform all the duties provided for by the Sewerage Authorities
Law and any other statutes heretofore or hereafter enacted and applicable
thereto.
[1979 Code § 2-26.4; Ord. No. 21-39 § 1; Ord. No. 26-9 § 1]
The Sewerage Authority shall consist of four (4) members, of
whom one (1) shall be appointed by the Governing Body of the Borough
of Roselle and three (3) members shall be appointed by the Governing
Body of the City of Linden in accordance with the provisions of the
Sewage Authorities Law N.J.S.A. 40:14A-4, for a five (5) year term.
There is hereby authorized the appointment of two (2) alternate
members of The Linden-Roselle Sewerage Authority, pursuant to N.J.S.A.
40:14A-4(n) (Laws of 1981, chapter 412, effective January 7, 1982).
Alternate members shall be designated by the Governing Body as "alternate
no. 1" and "alternate no. 2," and shall serve in rotation during the
absence or disqualification of any regular member or members. The
term of each alternate member shall be five (5) years commencing February
1 of the year of appointment; however, their initial terms shall be
four (4) and five (5) years respectively. The terms of the first alternate
members appointed shall commence on the date of their appointment
and shall expire on the fourth or fifth January 31, next ensuing after
the date of their appointments, as the case may be. One (1) alternate
member shall be appointed by the Governing Body of the Borough of
Roselle and one (1) alternate member shall be appointed by the Governing
Body of the City of Linden.
Alternate members may participate in discussions of the proceedings
but may not vote except in the absence or disqualification of a regular
member. A vote shall not be delayed in order that a regular member
may vote instead of an alternate member.
Regular members and alternate members of the Sewerage Authority
may receive compensation for their services as members, within the
limitation hereby stated, that no chairman of the authority shall
receive in excess of seven hundred ($700.00) dollars per annum and
no other member of the authority shall receive in excess of five hundred
($500.00) dollars per annum.
[Ord. No. 61-20]
There shall be within the City of Linden a Linden Historical
Society for Historic Preservation Committee, the purpose of which
shall be to undertake, preserve and promote the history of the City
of Linden through documents, photographs, maps, and other items of
historical interest for the benefit of all citizens of the City of
Linden.
[Ord. No. 61-20; Ord. No. 61-74]
The Committee membership shall consist of nine (9) members,
appointed as follows: the Director of Public Property, or his/her
designee; the Superintendent of the School District or his/her designee;
the Executive Director of the Linden Library, or his/her designee;
one (1) member appointed by the Mayor for a three (3) year term; five
(5) members of the public appointed by the Council, and each shall
serve until the expiration of a term of four (4) years, in terms to
be staggered with no more than four (4) terms expiring in any year.
Thereafter, the appointments will be for a three (3) year term which
shall expire on December 31st. The order of such terms and the expiration
of same shall be set forth in the bylaws of the Committee. The Committee
Chairman shall be selected from among the public members.
[Ord. No. 61-20]
The Committee shall adopt and maintain bylaws that effectively
enhance and regulate its operation and conduct. The bylaws and any
amendments thereto, to be effective, must be passed by a two-thirds
(2/3) majority of the full membership of the Committee.
[Ord. No. 61-20]
The Committee shall be permitted, subject to rules and regulations
to be imposed by the Mayor and Council, to utilize real and personal
property of the City to carry out its functions and responsibilities.
[Ord. No. 61-20]
All funds received by the Committee shall be furnished to the
City Chief Financial Officer in the Department of Finance upon receipt
thereof. Disbursements of funds on behalf of the Committee shall be
made by the Department of Finance upon the presentation of a proper
voucher for payment to the City Council of the City of Linden.
[Ord. No. 61-45]
Pursuant to the provisions of Chapter 192 of the Laws of 1960
(N.J.S.A. 40:68A-29 et seq.), known as the "Municipal Port Authorities
Law" of the State of New Jersey, there is hereby created a public
body corporate and politic under the name and style of the "City of
Linden Municipal Port Authority."
[Ord. No. 61-45]
The powers and duties are:
a.
To provide for the public health and welfare;
b.
To sue and be sued;
c.
To adopt and have a common seal and to alter the same at pleasure;
d.
In its own name acquire, hold, use and dispose of its charges and
other revenues and other moneys;
e.
In its own name but for the local unit, to acquire, hold, use and
dispose of other personal property for the purposes of the Municipal
Port Authority and to acquire by purchase, gift, condemnation or otherwise,
or lease as lessee, real property and easements therein necessary
or useful and convenient for the purposes of the Municipal Port Authority,
whether subject to mortgages, deeds or trusts or other liens, or otherwise,
and to hold and to use the same, and to dispose of property so acquired
no longer necessary for the purposes of the Municipal Port Authority;
f.
To grant by franchise, lease or otherwise the use of any project,
facilities or property owned and controlled by it to any person for
such consideration and for such period or periods of time and upon
such other terms and conditions as it may fix and agree upon. Any
such grant may be upon condition that the user shall or may construct
or provide any buildings or structures or improvements on such project,
facilities or property, or portions thereof, all upon such terms and
conditions as may be agreed upon;
g.
To provide for and secure the payment of any bonds and the rights
of the holders thereof and to purchase, hold and dispose of any bonds;
h.
To apply for and to accept gifts or grants of real personal property,
money, material, labor or supplies, for the purposes of the Municipal
Port Authority, from any person, county or municipality, including
the United States or any agency thereof, and to make and perform such
agreements and contracts and to do any and all things necessary or
desirable in connection with the procuring, acceptance or disposition
of such gifts or grants;
i.
To determine exact location, type and character of and all matters
in connection with all or any part of the port system which it is
authorized to own, construct, establish, effectuate or control and
to enter on any lands, waters or premises for the purpose of making
such surveys, diagrams, maps or plans or for the purpose of making
such soundings or borings as it deems necessary or convenient;
j.
To make or enforce bylaws or rules and regulations for the management
and regulation of its business and affairs and for the use, maintenance
and operation of the port system and any other of its properties and
to amend the same;
k.
To do and perform any acts and things authorized by statute under,
through or by means of its own officers, agents and employees or by
contracts with any person;
l.
To acquire, purchase, construct, lease, operate, maintain and undertake
any project and to make service charges for the use thereof;
m.
To enter into any and all contracts, execute any and all instruments
and do and perform any and all acts or things necessary, convenient
or desirable for the purposes of the Municipal Port Authority or to
carry out any power expressly given in this section subject to Local
Public Contracts Law (40A:11-1 et seq.); and
n.
To exercise any of the duties and/or powers provided for pursuant
to any other statute(s) hereto or hereafter enacted and applicable
thereto.
[Ord. No. 61-45]
The Linden Municipal Port Authority shall consist of five (5)
members, one of whom shall be the Mayor, one additional member shall
be appointed by the Mayor, and the remaining three (3) members shall
be appointed by the Mayor with the advice and consent of the Council.
The first appointed members shall by resolution be designated to serve
for terms respectively expiring on the first days of the first, second,
third, and fourth Februaries next ensuing after the date of their
appointment. Each member shall hold office for the term of his/her
initial appointment, and all subsequent appointments shall be for
a term of five (5) years. All members must reside within the City
of Linden and shall serve without compensation.
[Ord. No. 61-45]
Upon the adoption of this section, the City Clerk shall file
a certified copy of the same in the office of the Secretary of State,
with the Division of Local Government Services in the Department of
Community Affairs, and in the Clerk's office and must forward a certified
copy to each authority, board, commission or other public body existing
or established to exercise powers for port purposes in a port district
or other district or area, by or pursuant to act of Legislature of
this State alone or in conjunction with the Legislature of another
state, the district or area of operation of which includes in whole
or in part the area of the port district created by virtue of adoption
of this section. The City Clerk shall also file any resolution appointing
any members to the Linden Municipal Port Authority in the office of
the Secretary of the State.
[Added 3-21-2023 by Ord.
No. 67-5]
a.
There shall be a local Emergency Management Council established pursuant
to N.J.S.A. App. A:9-41.
b.
The Emergency Management Council shall also serve as the City of
Linden's "Local Emergency Planning Committee," pursuant to the "Super
Fund Amendments and Reauthorization Act of 1986," commonly known as
the Emergency Planning and Community Right-to-Know Act, and codified
at 42 U.S.C. 11001-11050.
[Added 3-21-2023 by Ord.
No. 67-5]
The local Emergency Management Council shall be composed of
not more than fifteen volunteer members who shall be appointed by
the Mayor, and shall hold office at the will and pleasure of the Mayor.
The municipal Emergency Management Coordinator shall be a member and
shall serve as chairman of the local Emergency Management Council.
The membership of the Local Emergency Management Council shall be
guided by N.J.S.A. App.A:9-41 and CPG 101, and shall include representatives
from government, the private sector, volunteer organizations, community
groups, and other stakeholders.
[Added 3-21-2023 by Ord.
No. 67-5]
a.
The local Emergency Management Council shall assist the City in meeting
the requirements of local Emergency Management activities in accordance
with the rules and regulations established by the Governor in accordance
with the provisions of N.J.S.A. App. A:9-41. It shall be lawful for
the members of the local Emergency Management Council also to be members
of other agencies created because of any emergency.
b.
The local Emergency Management Council, in its capacity as the Local
Emergency Planning Committee, shall be responsible for preparing an
emergency response plan (ERP) in accordance with 42 U.S.C. 1103.
