[Ord. No. 1001 § 1; Ord. No. 1453 § 1; Ord. No. 1459 § 1; Ord.
No. 1577 § 1; Ord. No.
96-4 § 1]
a.
There is hereby established in the Township of Neptune a State Uniform
Construction Official, Building Subcode Official, Plumbing Subcode
Official, Fire Subcode Official, 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. The Construction
Official shall establish the day to day operating routines of the
Agency and shall coordinate the activities of the Subcode Officials.
He/she shall be qualified in accordance with Part IV of the regulations,
in at least one (1) Subcode.
b.
Each official position created in paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, C.
217 as amended and N.J.A.C. 5:23 provided that, in lieu of any particular
Subcode Official an onsite Inspection Agency may be retained by contract
pursuant to N.J.A.C. 5:23. More than one such official position may
be held by the same person; provided that such person is qualified
pursuant to P.L. 1975, C. 217 and N.J.A.C. 5:23 to hold such position.
c.
The public shall have the right to do business with the Enforcing
Agency at one (1) office location except for emergencies and unforeseen
or unavoidable circumstances.
d.
No person employed by the Enforcing Agency as the Construction or
Subcode Official, trainee, inspector or plan reviewer, shall engage
in, or otherwise be connected directly or indirectly for purposes
of economic gain, with any business or employment furnishing labor,
material, services or appliances for the construction, alteration,
demolition or maintenance of buildings or structures within the Township
of Neptune. Nor shall any such official or employee engage in any
other activity or work which conflicts with his official duties.
e.
Fees may be waived at the discretion of the Enforcing Agency for
the following autonomous agencies; such as Public Institutions.
[Ord. No. 1459 § 2; Ord. No. 1577 § 1; Ord. No. 96-4 § 2]
All appeals from decisions of the Enforcing Agency shall be
referred to the Construction Board of Appeals of the County of Monmouth.
[Ord. No. 1001 § 3; Ord. No. 1168 A, I; Ord.
No. 1171 § 3; Ord. No.
1453 § 3; Ord. No. 1459 § 3; Ord. No. 1472; Ord. No. 1559; Ord. No. 1577 § 1; Ord.
No. 1697 § 1; Ord. No.
96-4 §§ 3, 4; Ord.
No. 01-26 § 1; Ord. No.
02-39 § 1; Ord. No. 04-37 § 1; Ord. No. 07-08 § 1; Ord. No. 08-22 § 1; Ord. No. 08-47 § 1; Ord. No. 10-18; Ord. No. 2018-25]
a.
Plan Review Fee: The fee for plan review shall be ten (10%) percent
of the amount to be charged for a new construction permit. There shall
be an additional fee of $65.00 per hour or part thereof per subcode
having assigned plan review responsibility for review of an amendment
or change to a plan that has already been released. This fee may be
waived at the discretion of the Construction Official in the event
the work and review is of a minor nature.
b.
The basic construction fee shall be the sum of the parts computed
on the basis of the volume or the cost of construction, the number
of plumbing fixtures and pieces of equipment, the number of electric
fixtures and devices and the number of sprinklers, standpipes and
detectors (smoke and heat) at the unit rates and/or the applicable
flat fees provided herein plus any special fees. The minimum fee for
a basic construction permit covering any or all of building, plumbing,
electric or fire protection work shall be $95.00 per subcode except
as herein noted.
1.
Building. Building volume or cost: The fees for new construction
or alteration are as follows:
(a)
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 $0.046
per cubic foot of volume for buildings and structures of all use groups
and types of construction as classified and defined in articles 3
and 4 of the building subcode; except that the fee shall be $0.038
per cubic foot of volume for the following use groups F-1, F-2, S-1
and S-2, The minimum fee shall be $250.00.
(b)
Fees for reconstruction, renovations, alterations and repairs
or site construction associated with premanufactured construction,
and external utility connections for premanufactured construction
shall be based upon the estimated cost of the work. The fee shall
be in the amount of $42.00 per $1,000.00 of the estimated cost of
work. From $50,001 to and including $100,000, the additional fee shall
be in the amount of $36.00 per $1,000 of the estimated cost above
$50,000. Above $100,000, the additional fee shall be in the amount
of $31.00 per $1,000 of the estimated cost above $100,000.
(c)
For the purpose of determining the estimated cost, the applicant
shall submit such data as may be available produced by the architect
or engineer of record, or by a recognized estimating firm, or by the
contractor. A bona fide contractor's bid, if available, shall be submitted.
The construction official shall make the final decision regarding
estimated cost.
(d)
Fees for additions shall be computed on the same basis for new
construction for the added portion.
(e)
Fees for combination renovations and additions shall be computed
separately in accordance with items (a) and (b) above.
(f)
The fee for tents requiring a construction permit shall be $200.00.
(g)
The fee for temporary structures requiring a construction permit
shall be $125.00.
(h)
The fee for roofing and siding work completed on structures
in use group R-3 and R-5 shall be $95.00 per structure. All other
use groups shall be considered renovation and calculated as per (b)
above.
(i)
The fee for an above-ground swimming pool shall be $110.00.
(j)
The fee for an in-ground swimming pool with a surface area greater
than 800 square feet shall be $337.00: the fee for all other cases
shall be $200.00.
(k)
The fee for replacing barriers surrounding and enclosing swimming
pools required to have barriers shall be $95.00.
(l)
The fee for a permit to construct a sign shall be in the amount
of $2.70 per square foot of surface area of the sign, computed on
one side only for a double-faced sign. The minimum fee shall be $95.00
.
(m)
The fee for a permit for lead hazard abatement work shall be
$215.00. The fee for lead abatement clearance certificate shall be
$45.00.
(n)
The fee for the issuance of a building permit that a fee has
not been determined shall be $95.00.
(o)
The fee for a permit to move a building or structure from one
lot to another or to a new location on the same lot shall be $110.00
plus the cost of the new foundation and alterations to the building
or structure for the placement in a completed condition in the new
location shall be computed as required for renovations, alterations
and repairs in section b1(b).
(p)
The fee to erect a fence greater than 6 feet in height shall
be $95.00.
(q)
The fee for an asbestos removal permit shall be $110.00.
(r)
Fees for retaining walls that require a construction permit
shall be as follows:
(1)
The fee for a retaining wall with a surface area greater than
550 square feet that is associated with a Class 3 residential structure
shall be $235.00;
(2)
The fee for a retaining wall with a surface area of 550 square
feet or less that is associated with a Class 3 residential structure
shall be $115.00;
(3)
The fee for a retaining wall of any size that is associated
with other than a Class 3 residential structure shall be in accordance
with 1(b) above.
2.
Plumbing. Plumbing fixtures and equipment: The fees shall be as follows:
(a)
The fee shall be $27.00 per plumbing fixture and or water closet,
urinal, bidet, bath tub, shower, lavatory, sink, laundry tub, floor
drains, drinking fountains, residential dishwashers, garbage disposals,
clothes washers, water heaters up to 99 gallons, recirculation systems,
roof drains, hose bibs, air admittance valve, residential oil piping,
manholes, reheat coils, condensate drains, or similar devices, except
as listed below.
(b)
The fee shall be $115.00 per special device for the following:
grease traps, oil separators, water utility connections per every
150 lineal feet, sewer utility connections per every 150 lineal feet,
commercial dishwashers, back flow preventors in other than one-and-two-family
dwellings, sewer pumps, interceptors, active solar systems and, testing
of waste and vents for modular homes.
(c)
The fee shall be $60.00 for the installation of lawn sprinkler
backflow preventors.
(d)
The fee shall be $100.00 for the installation of a boiler (hot
water or steam) or furnace up to 250,000 BTU's.
(e)
The fee shall be $390.00 for the installation of a boiler (hot
water or steam) or furnace 250,001 BTU's and above.
(f)
The fee for the installation of gas piping shall be $95.00 plus
$20.00 per appliance or equipment connection to the system.
(g)
The fee shall be $65.00 for the installation of a water heater
100 gallons and up.
(h)
The fee shall be $50.00 for commercial oil piping. Adding to
an existing system shall be $35.00.
(i)
For cross connections and backflow preventors that are subject
to testing, the fee shall be $130.00 per device for each test.
(j)
The fee shall be $90.00 for the installation of air conditioning
for use groups R-2, R-3, R-4 and R-5. The fee for the installation
of a Mini Split System shall be in accordance with 2(q) below.
(k)
The fee shall be $185.00 for the installation of industrial
and commercial air conditioning and refrigeration.
(l)
The fee for the installation of hydronic piping shall be $58.00
per every 100 lineal feet.
(m)
The fee for the installation of medical gas shall be $110.00
per system plus $27.00 for each station, outlet, inlet, or alarm box.
(n)
The fee for the installation of a Geo-Thermal system shall be
$110.00.
(o)
The fee for the demolition of a sewer or water service, or a
septic system shall be $95.00.
(p)
The fee for the installation of pool drains associated with
swimming pools shall be $115.00.
(q)
The fee for the installation of a Mini Split system shall be
$90.00 for each condenser unit and one (1) evaporator coil. The fee
for each additional evaporator coil shall be $27.00.
(r)
The fee for the installation of duct work for use groups R-3
and R-5 shall be $60.00.
3.
Electrical. The Electrical Subcode fees shall be as follows.
(a)
For the first block of one to 25 receptacles, fixtures or devices,
the fee shall be $80.00. For each additional block consisting of up
to 25 receptacles, fixtures or devices, the fee shall be $35.00. For
the purpose of computing this fee, receptacles, fixtures or devices
shall include wall switches, convenience receptacles, light fixtures,
exit signs, emergency lights, smoke detectors, CO detectors, heat
detectors, communications points, rain sensor, CATV, intercoms, alarm
devices, glass-breaks, motion sensors, keypads, light standards eight
feet or less in height including luminaries, thermostats, energy management
points, sensors, dimmers, or similar electric fixtures and devices
rated 20 amperes or less including motors or equipment rated less
than one horsepower (hp) or one kilowatt (kW).
(b)
For each service equipment, panelboard, switchboard, load center,
overhead service entrance conductor, motor starter, motor control
center, automatic transfer switch, disconnecting means, and future
electric, such as circuits installed for future use or intermittent
needs (all bonding and grounding for the above items are included),
the fee shall be:
|
(1)
|
Up to and including 200 amps
|
$115.00
|
|
(2)
|
Up to and including 400 amps
|
$210.00
|
|
(3)
|
Up to and including 800 amps
|
$510.00
|
|
(4)
|
Up to and including 1200 amps
|
$775.00
|
|
(5)
|
For each additional 400 amps or portion thereof above 1200 amps
|
$210.00
|
(c)
For each motor or electrical device rated in horsepower (hp),
the fee shall be:
|
(1)
|
From one hp up to and including 10 hp
|
$30.00
|
|
(2)
|
Greater than 10 hp up to and including 50 hp
|
$90.00
|
|
(3)
|
Greater than 50 hp up to and including 100 hp
|
$170.00
|
|
(4)
|
Greater than 100 hp up to and including 200 hp
|
$300.00
|
|
(5)
|
For each additional 100 hp or portion thereof above 200 hp
|
$50.00
|
(d)
For each generator, transformer, battery system, and all other
items measured in kW not specified in this fee schedule, the fee shall
be:
|
(1)
|
From one kW up to and including 10 kW
|
$30.00
|
|
(2)
|
Greater than 10 kW up to and including 45 kW
|
$90.00
|
|
(3)
|
Greater than 45 kW up to and including 112.5 kW
|
$170.00
|
|
(4)
|
Greater than 112.5 kW up to and including 150 kW
|
$300.00
|
|
(5)
|
For each additional 50 kW or portion thereof above 150 kW
|
$50.00
|
(e)
For each piece or unit of equipment used for air conditioning,
refrigeration, measured in tonnage, the fee shall be:
|
(1)
|
For the first three (3) tons or fraction thereof
|
$39.00
|
|
(2)
|
For each additional ton or fraction thereof above three tons
|
$18.00
|
(f)
For each swimming pool, spa, hydro message tub, hot tub or sauna,
(fee includes one GFCI, one timer, up to two underwater lights (UW),
bonding and trenches up to 150 lineal feet), the fee shall be:
|
(1)
|
Above-ground swimming pool for group R-5
|
$115.00
|
|
(2)
|
In-ground swimming pool for group R-5
|
$155.00
|
|
(3)
|
Swimming pool for all other groups
|
$235.00
|
|
(4)
|
Spa, hydro message tub, hot tub, sauna
|
$55.00
|
|
(5)
|
Annual Commercial Pool Inspection
|
$110.00
|
|
(6)
|
For each additional UW light add
|
$8.00
|
|
(7)
|
Trenches over 150 feet, for each 150 lineal feet, add
|
$60.00
|
(g)
In other than one-and two-family dwellings, for each burglar
alarm panel, fire alarm panel, intercom panel, audio video head-end
panel, energy management control panel, communications closet, and
automated card access panels, the fee shall be $60.00 per panel. The
fee for devices connected to the system shall be in accordance with
3(a) above. For one-and-two-family dwellings, the fee shall be $95.00,
which includes the first block of 25 devices connected to the system.
For each additional block of 25 devices connected to the system, the
fee shall be $35.00.
(h)
For each trench of 150 lineal feet for primary power, secondary
power, and communications, the fee shall be $60.00.
(i)
For each solar photovoltaic system and other alternative energy
systems, the fee shall be:
|
(1)
|
For the first 10 kW
|
$210.00
|
|
(2)
|
For each additional 20 kW add
|
$85.00
|
(j)
For light standards above 8-0' in height (includes first 150
lineal feet of trench), the fee shall be $25.00 per fixture. Trenches
over 150 lineal feet shall be $60.00 for each additional 150 lineal
feet.
(k)
For each hardwired sign, the fee shall be $75.00.
(l)
For each electric range, electric dryer, dishwasher, electric
cook top, double oven, garbage disposal, and electric water heater,
the fee shall be:
|
(1)
|
Individual dwelling units
|
$40.00
|
|
(2)
|
All other groups
|
$75.00
|
(m)
For the installation or replacement of each furnace or boiler,
the fee shall be:
|
(1)
|
Individual dwelling units
|
$60.00
|
|
(2)
|
All other groups
|
$95.00
|
(n)
For all lightning protection, lightning arrester systems, other
than service electrode, the fee shall be $18.00 for each point, lightning
rod or arrestor.
(o)
For each satellite dish, the fee shall be $60.00.
(p)
For each electric vehicle car charging system the fee shall
be:
|
(1)
|
For use groups R-3 and R-5
|
$86.00
|
|
(2)
|
For all other use groups
|
$125.00
|
(q)
For marina dock power, boatyard, residential dock power, or
similar applications. For each power pedestal, power distribution
center, single-phase or three-phase up to 50-amps with any devices
combination of 15-amp, 20-amp, 30-amp, or 50-amp and having a voltage
of 120-volt, 208-volt, or 240-volt the fee for each pedestal shall
be:
|
(1)
|
1 to 10 pedestals
|
$40.00 each
|
|
(2)
|
11 to 20 pedestals
|
$35.00 each
|
|
(3)
|
21 to 30 pedestals
|
$30.00 each
|
|
(4)
|
31 to 40 pedestals
|
$25.00 each
|
|
(5)
|
41 to 50 pedestals
|
$20.00 each
|
|
(6)
|
51 to 100 pedestals
|
$15.00 each
|
4.
Fire. For fire protection and hazardous equipment, sprinklers, standpipes,
detectors (smoke and heat), pre-engineered suppression systems, gas
and oil fired appliances not connected to the plumbing system, kitchen
exhaust systems, incinerators, crematoriums, fireplaces and flues,
the fee shall be as follows:
(a)
The installation, relocation or alteration of sprinkler heads
and single or multiple station smoke or heat detectors not connected
to a fire alarm panel:
The fee for 20 or fewer sprinkler heads or detectors shall be
$110.00
The fee for 21 to and including 100 sprinkler heads or detectors
shall be $210.00
The fee for 101 to and including 200 sprinkler heads or detectors
shall be $420.00
The fee for 201 to and including 400 sprinkler heads or detectors
shall be $815.00
The fee for 401 to and including 1000 sprinkler heads or detectors
shall be $1,240.00
The fee for over 1000 sprinkler heads or detectors shall be
$1,630.00
In computing fees for heads and detectors, the number of each
shall be counted separately and two fees, one for heads and one for
detectors shall be charged.
(b)
The fee for the installation of a fire alarm panel shall be
$95.00. The fee for each smoke and heat detector, pull station, horn,
strobe, enunciator, tamper switch, flow switch, and any other device
connected to the fire alarm panel shall be in accordance with 4(a)
above.
(c)
The fee for each standpipe shall be $325.00.
(d)
The fee for each independent pre-engineered system shall be
$170.00.
(e)
The fee for each gas or oil fired appliance which is not connected
to the plumbing system shall be $95.00.
(f)
The fee for each commercial kitchen exhaust system shall be
$115.00.
(g)
The fee for each gas fireplace shall be $95.00. The fee for
each solid fuel burning fireplace shall be $115.00.
(h)
The fee for each flue attached to an oil or gas fired appliance
shall be $95.00.
(i)
The fee shall be $95.00 for the installation of residential
fuel tanks.
(j)
The fee for the installation of commercial fuel tanks up to
and including 1000 gallons shall be $160.00 each. For tanks 1001 gallons
and above the fee shall be $300.00 each.
(k)
The fee for the removal or abandonment of a fuel storage tank
shall be $95.00 for each tank under 2000 gallons and $135.00 for each
tank 2000 gallons and above.
(l)
The fee for each incinerator shall be $570.00.
(m)
The fee for each crematorium shall be $570.00.
(n)
The fee for fire suppression system underground piping, up to
the building, shall be $125.00 per every 150 lineal feet.
(o)
The fee for the inspection of gasoline vapor/product line shall
be $95.00.
(p)
The fee for the installation of a smoke control system shall
be $340.00.
(q)
For the installation, relocation, alteration or replacement
of any item requiring a fire protection subcode permit and not included
in section 4, the fee shall be per item as stated in 4 (a) above.
(r)
The fee for the installation of a solar system shall be $95.00.
5.
Certificates and Other Fees. Fees are as follows:
(a)
The fee for a certificate of occupancy shall be twelve (12%)
percent of all construction permit and permit update fees. The minimum
fee shall be $60.00.
(b)
The fee for a certificate of occupancy granted pursuant to a
change of use group shall be $300.00.
(c)
The fee for a continued certificate of occupancy shall be $300.00.
(d)
The fee for a temporary certificate of occupancy shall be $30.00.
There shall be no fee for the first issuance of the temporary certificate
of occupancy provided the certificate of occupancy fee is paid at
that time.
(e)
The fee for an application for a variation in accordance with
N.J.A.C. 5:23- 2.10 shall be $85.00. The fee for a resubmission of
an application for a variation shall be $70.00.
(f)
The fee for a demolition or removal permit shall be $150.00
for structures of less than 5,000 square feet in area and less than
30 feet in height, and for one- and two-family residences. The fee
shall be $200.00 for all other structures (accessory structures, garages
and sheds with no utilities shall be $60.00.
(g)
The fee to reinstate a lapsed construction permit shall be ten
(10%) percent of the cost of the original permit, but in no case less
than $95.00.
(h)
The fee for the issuance of a construction permit as a result
of changing from one contractor to another shall be $95.00 plus the
fees normally charged for any additional items that were not previously
included.
(i)
The fee for development-wide inspection of homes after the certificate
of occupancy ordered pursuant to N.J.A.C. 5:23-2.35 or otherwise shall
be:
(1)
The hourly charge shall be an amount equal to twice the hourly
base salary paid to any licensed code official(s) performing the work
or the hourly fees charged to the municipality by a professional contracted
to provide such services;
(2)
The fees, payments, accounting procedures and limits shall be
set in accordance with and subjected to N.J.A.C. 5:23-4.17(d) 1 —
5.
(j)
Pursuant to the rules adopted by the New Jersey Department of
Children and Families, the fee for the issuance of a letter of verification
of the prior uses of a structure that is intended to be used for a
child care facility shall be $115.00.
(k)
In order to provide for training, certification and technical
support programs required by the Uniform Construction Code Act and
the Regulations, the Enforcing Agency shall collect in addition to
the fees, a surcharge fee of $0.00371 per cubic foot of volume of
new buildings and additions. Volume shall be computed in accordance
with N.J.A.C. 5:23-2.28. The fee for all other construction shall
be $1.90 per $1,000.00 of value of construction. Said surcharge fee
shall be remitted to the Division of Codes and Standards, Department
of Community Affairs, on a quarterly basis for the fiscal quarters
ending September 30, December 31, March 31 and June 30, and not later
than one month next succeeding the end of the quarter for which it
is due.
(l)
All fees are to be rounded to the nearest dollar.
[Ord. No. 1577 § 5; Ord. No. 96-4 § 7]
This chapter shall become effective upon its passage and publication
according to law.
[Ord. No. 1001 § 4; Ord. No. 1171 § 4; Ord. No. 1453 § 4]
The Construction Official shall prepare and submit biannually
to the Township Committee a report reevaluating the delineation of
the Fire Limits. This report shall indicate the recommendations of
the Construction Official, the Building Subcode Official, and the
Fire Subcode Official regarding those areas which should be designated
within fire limits, with the reasons therefor.
[Ord. No. 1001 § 5;
New]
a.
Any person or corporation including an officer, director or employee
of a corporation, who:
c.
With respect to paragraph a3 of this subsection, a person shall be
guilty of a separate offense for each day that he/she fails to comply
with a stop construction order validly issued by the Enforcing Agency
or the department and for each week that he/she fails to comply with
any other order validly issued by the Enforcing Agency or the department.
With respect to paragraphs a1 and a4 of this subsection, a person
shall be guilty of a separate offense for each violation of any provision
of this section or rule promulgated hereunder and for each false or
misleading written statement or omission of required information or
statement made in any application or request for approval to the Enforcing
Agency or the department. With respect to paragraph a2 of this subsection,
a person shall be guilty of a separate offense for each violation
of the conditions of a Construction Permit.
d.
The penalties pursuant to this subsection may be collected in a summary
proceeding pursuant to the "Penalty Enforcement Law" (N.J.S.A. 2A:58-1
et seq.). Jurisdiction to enforce such penalties is hereby conferred
upon Judges of the Municipal Court in addition to the Courts specified
by N.J.S.A. 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 Township to the Township
Treasurer and in the case brought by the State of New Jersey to the
State Treasurer.
[Ord. No. 99-46 § 1]
a.
No person shall be charged a construction permit surcharge fee or
enforcing agency fee for any construction, reconstruction, alteration
or improvement designed and undertaken solely to promote accessibility
by disabled persons to an existing private residential structure or
any of the facilities contained therein.
b.
A disabled person or a parent, sibling or child of a disabled person,
shall not be required to pay a municipal fee or charge in order to
secure a construction permit for any construction, reconstruction
alteration or improvement designed and/or undertaken solely to promote
accessibility to his or her living unit.
c.
Disabled person means a person who has a total and permanent inability
to engage in any substantial gainful activity by reason of any medically
determinable physical or mental impairment, including blindness, and
shall include, but not be limited to, any resident of this State who
is disabled pursuant to Federal Social Security Act (42 USC Section
416), or the Federal Railroad Retirement Act of 1974 (45 USC Section
231, et seq.) or is rated as having a sixty (60%) percent disability
or higher pursuant to any Federal law administered by the United States
Veterans Act. For purposes of this paragraph, "blindness" means central
visual activity of 20/200 or less in the better eye with the use of
corrective lens. An eye which is accompanied by a limitation in the
fields of vision such that the widest diameter of the visual fields
subtends an angle no greater than twenty (20) degrees shall be considered
as having a central visual acuity of 20/200 or less.
[Ord. No. 483 § 1; Ord. No. 770 § 1]
a.
Upon the Code Enforcement Officer, or officer designated by the Code
Enforcement Officer, making a report to the Township Committee that
any building, wall or structure in the Township is in such condition
that it is or may become unsafe and dangerous to life or health, or
might tend to increase the hazards of fire, the Township Committee
shall issue and cause to be served upon the owner of and parties in
interest in such building, wall or structure, a complaint stating
the charges in that respect and containing a notice that a hearing
will be held before the Township Committee at a place therein fixed,
not less than ten (10) days nor more than thirty (30) days after the
serving of the complaint.
b.
The complaint shall state that at the hearing the Township Committee
shall inquire into and determine whether the building, wall or structure
therein described is or may become dangerous to life or health, or
might tend to increase the hazards of fire and, if so, that an order
will be made requiring the removal or destruction of the building,
wall or structure, and the manner in which the same is to be carried
out. The property to be affected shall be sufficiently described to
identify the same. The owner and parties in interest shall have 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.
[Ord. No. 483 § 2]
After such notice and hearing, if the Township Committee determines
that such building, wall or structure is or may become dangerous to
life or health, or is of such character as might tend to increase
the hazards of fire, the Township Committee shall state in writing
its findings of fact in support of such determination and shall issue
and cause to be served upon the owner thereof and parties in interest
an order:
a.
To remove or demolish the building, wall or structure within a period
of thirty (30) days after the service of the order;
b.
The manner in which the same is to be carried out;
c.
That if the owner fails to comply with the order to remove or demolish
the building, wall or structure within said period of time, the Township
will proceed with such removal or destruction or cause such building,
wall or structure to be removed or demolished;
d.
The cost of such removal or destruction shall be assessed as a municipal
lien against the premises.
[Ord. No. 483 § 3; Ord. No. 770 § 1]
a.
The amount of such cost of removal or demolition of any building,
wall or structure shall be a municipal lien against the real property
upon which such cost was incurred. The assessment shall be made upon
the Code Enforcement Officer filing a detailed statement, under oath,
of the cost with the Township Tax Assessor and Tax Collector, and
a copy of said detailed statement shall be forthwith forwarded to
the owner by registered mail.
b.
The materials of such building, wall or structure shall be sold at
public or private sale by the Code Enforcement Officer and the proceeds
of such sale shall be credited against the cost of the removal or
demolition of any building, wall or structure. Any balance remaining
shall be deposited in the Superior Court and shall be secured as may
be directed by the Court, and shall be disbursed according to the
order or judgment of the Court to the persons found to be entitled
thereto.
[Ord. No. 483 § 4; Ord. No. 770 § 1]
Complaints or orders issued by the Township Committee shall
be served upon persons either personally or by registered mail, but
if the whereabouts of such persons is unknown and the same cannot
be ascertained by the Code Enforcement Officer in the exercise of
reasonable diligence, the Code Enforcement Officer shall make an affidavit
to that effect, and the serving of the complaint or order upon such
persons may be made by publishing the same once each week for two
(2) successive weeks in a newspaper printed and published in the Township.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order and a copy
of such complaint or order shall be duly recorded with the Clerk of
the County of Monmouth.
[Ord. No. 483 § 5; Ord. No. 770 § 1]
The Code Enforcement Officer may determine that a building,
wall or structure is unfit for occupancy or use if he finds that conditions
exist concerning such building, wall or structure which are dangerous
or injurious to the health or safety of the occupants of such building,
the occupants of neighboring buildings or other residents of such
municipality.
[Ord. No. 483 § 6; Ord. No. 770 § 1]
The Code Enforcement Officer is herein given the power in order
to effectuate the purposes of this section:
a.
To investigate the building, wall or structure in order to determine
which buildings therein are unfit for occupancy or use;
b.
To enter upon premises for the purpose of making examinations;
c.
To appoint and fix the duties of such officers, agents and employees
as he/she deems necessary to carry out the purposes of this section;
d.
To delegate any of his/her functions and powers under this section
to such officers and agents as he/she may designate.
[Ord. No. 483 § 7]
The provisions of this section are not intended to repeal any
existing ordinance dealing with removal or destruction to any building,
wall or structure, but is intended to be in addition and supplemental
to any other existing ordinance.
[Ord. No. 1199 § 1]
The owner or occupant of every dwelling house, store, office
building, or other building or structure, which now fronts or may
hereafter front upon any public street within the Township, shall
cause the street number assigned to the property upon which the dwelling
house, store, office building, or other building or structure is erected,
to be placed in digital figures as outlined below.
a.
Dwellings. Numbers to be placed in digital figures of at least three
(3") inches in height within two (2') feet of the main entrance of
the structure facing the street.
b.
Commercial and Industrial. Numbers to be placed in digital figures
of at least six (6") inches in height within two (2') feet of the
main entrance or on the door.
c.
Where there is more than one (1) occupant in the same numbered building,
each street level occupant is to have an alphabetical designation
included in the street address.
[Ord. No. 1199 § 2]
Street number assignments shall be made by the Office of the
Township Clerk.
[Ord. No. 1199 § 3]
The enforcement of this section shall be vested in the Bureau
of Fire Prevention, the Police Department and Code Enforcement Department
of the Township.
[Ord. No. 1199; New]
[Ord. No. 1430 Preamble]
a.
The Township Committee may demand more stringent requirements for
the issuance of a Certificate of Occupancy than the requirements established
by the Uniform Construction Code.
b.
The Township Committee has determined that it is in the public interest
to protect the safety of its citizens through ordering more sanitary
safety conditions with regard to sewers prior to the issuance of a
Certificate of Occupancy.
[Ord. No. 1430 §§ 1—2]
a.
The payment of delinquent sewer rentals is an essential precondition
to the issuance of Certificate of Occupancy for the sanitary safety
and protection of future occupants.
b.
The Construction Official responsible for the issuance of Certificate
of Occupancy shall demand that delinquent sewer rentals be paid as
an addition to all the other requirements established in the Uniform
Construction Code.
[Ord. No. 1622 § 1; Ord. No. 1658 § 1]
The purpose of this section is to protect the public health,
safety and welfare by regulating the condition and habitability of
rooming and boarding houses.
[Ord. No. 1622 § 2; Ord. No. 1658 § 2]
As used in this section:
Shall mean one who rents, leases or otherwise occupies any
unit or rental dwelling space or room in a boarding house or rooming
house.
Shall mean any building, together with any related structure,
accessory building, any land appurtenant thereto, and any part thereof,
which contains two (2) or more units of dwelling space arranged or
intended for single-room occupancy, exclusive of any such unit occupied
by an owner or operator, and wherein personal or financial services
are provided to the residents, including any residential hotel or
congregate living arrangement; but excluding any hotel, motel or established
guest house wherein a minimum of eighty-five (85%) percent of the
units of dwelling space is offered for limited tenure only; any foster
home as defined in Section 1 of PL 1962, c. 137 (C.30:4C-26.1); any
community residence for the developmentally disabled, as defined in
Section 2 of PL 1977, c. 448 (C.30:11B-2); any dormitory owned or
operated on behalf of any non-profit institution of primary, secondary
or higher education for the use of its students; any building arranged
for single-room occupancy wherein the units of dwelling space are
occupied exclusively by students enrolled in a full-time course of
study at an institution of higher education approved by the Department
of Higher Education; any facility or living arrangement operated by
or under contract with any State department or agency, upon the written
authorization of the Commissioner; and any owner-occupied, one (1)
family residential dwelling made available for occupancy by not more
than six (6) guests where the primary purpose of the occupancy is
to provide charitable assistance to the guests and where the owner
derives no income from the occupancy. A dwelling shall be deemed "owner
occupied" within the meaning of this section if it is owned or operated
by a non-profit religious or charitable association or corporation
and is used as the principal residence of a minister or employee of
that corporation or association. For any such dwelling, however, fire
detectors shall be required as determined by the Department of Community
Affairs.
Shall mean the person who owns, purports to own or exercises
control of any boarding house or rooming house.
Shall mean a boarding house wherein no personal or financial
services are provided to the residents.
[Ord. No. 1622 § 3; Ord. No. 1658 § 3]
This section does not apply to licensed nursing homes, state-operated
institutions, or to any Municipal corporation, or to any political
subdivision of the State or body politic of any kind. Any non-profit
group or organization operating a rooming house or boarding house
must comply with the terms of this section.
[Ord. No. 1622 § 4; Ord. No. 1658 § 4]
No owner shall lease, rent or otherwise allow the occupancy
of any unit or rental dwelling space or room in a boarding house or
rooming house within the Township without first securing a Certificate
of Inspection. The Certificate of Inspection so issued shall apply
each time, and as a prerequisite to, a new boarder leases, rents or
otherwise seeks to occupy an individual unit, rental dwelling space
or room within a boarding house or rooming house.
[Ord. No. 1622 § 5; Ord. No. 1658 § 5]
Upon filing of an application for such Certificate of Inspection,
the Township shall cause such rental unit to be inspected by a Township
inspector designated therefor, whose findings for such unit, rental
dwelling space or room within a boarding house or rooming house must
indicate that the unit complies with the standards provided by law
in the interests of public safety, health and welfare. The unit, rental
dwelling space or room within the boarding house or rooming house,
specifically the bed, furniture and premises, must be in a clean and
sanitary condition. In addition, the premises shall be kept free from
vermin, insects and rodents.
[Ord. No. 1622 § 6; Ord. No. 1658 § 6]
a.
Upon the filing of an application for an inspection, the applicant
shall pay to the Township a fee of twenty-five ($25.00) dollars which
will entitle the applicant to initial inspections for all units, dwelling
spaces or rooms within a boarding house or rooming house.
b.
Additional inspections shall be required each time a boarder changes
within a single unit, rental dwelling space or individual room within
a boarding house or rooming house unless such an inspection has been
conducted of the same room(s) within the preceding thirty (30) days.
In such a case, no additional inspection will be required until the
thirty (30) days since the last inspection has elapsed and a new boarder
occupies said room. Upon the filing of an application for said additional
inspection, the applicant shall pay to the Township of Neptune a fee
of fifteen ($15.00) dollars per inspection which will entitle the
applicant to an immediate inspection of a single unit, rental dwelling
space or individual room.
c.
If an appointment is made by an applicant with an Inspector for the
purposes of conducting an inspection, and the applicant does not appear
without having notified the Inspector at least forty-eight (48) hours
in advance of the time agreed upon for the inspection, the applicant
shall forfeit the application fee paid for the scheduled inspection
and must pay an additional application fee, which shall be equal to
the initial application fee, for any rescheduled inspection.
[Ord. No. 1622 § 7;
New; Ord. No. 1658 § 7]
Every owner who fails to comply with the requirements of this
section shall be subject to a fine of not less than fifty ($50.00)
dollars and not more than one thousand ($1,000.00) dollars or imprisonment
for a period not to exceed six (6) months or both.
[Ord. No. 10-01 § 1]
The Township Committee hereby designates a control period of
ten (10) years for deed restrictions on affordable housing units being
constructed in Schoolhouse Square under the parameters Ridge Avenue
School Site Redevelopment Plan.
[Ord. No. 2015-52]
Shall mean the Hotel and Multiple Dwelling Law (P.L. 1967,
C.76 as amended, N.J.A.C. 55:13A-1 et seq.
Shall mean a multiple dwelling as defined by the N.J.S.A.
55:13A-3(k) or a hotel as defined by N.J.S.A. 55:13A-3(j) subject
to the jurisdiction of the Bureau of Housing Inspection.
Shall mean Bureau of Housing Inspection.
Shall mean the certificate issued by the Bureau, pursuant
to N.J.S.A. 55:13A-13, to the owners of the buildings that are found
to be in compliance with the Regulations.
Shall mean the certificate issued by the Bureau, pursuant
to N.J.S.A. 55:13A-12, to the owners of buildings that have been properly
registered.
Shall mean the Commissioner of Community Affairs.
Shall mean the Department of Community Affairs.
Shall mean a permanent municipal, county or interlocal agency
maintained for the purpose of conducting inspections and enforcing
building maintenance laws, ordinances, codes and rules, that is supervised
by, and has all hotel and multiple dwelling inspections performed
by persons licensed under N.J.A.C. 5:10-1 et seq.
Shall mean Neptune Township, authorized by a letter transmitted
together herewith to perform inspections on behalf of the Bureau.
Shall mean the person who owns, purports to own, or exercises
control of any hotel or multiple dwelling.
Shall mean registration of a hotel or multiple dwelling in
accordance with N.J.S.A. 55:13A-12.
Shall mean the current Regulations for the Maintenance of
Hotels and Multiple Dwellings (N.J.A.C. 5:10-1.1 et seq.) promulgated
pursuant to N.J.S.A. 55:13A-7.
Shall mean the electronic application used to manage registrations
and inspections conducted by the Bureau of Housing Inspection and
its local inspection SCHLIP staff. (State Local Cooperative Housing
Inspection Program).
As used in this section is always construed as mandatory.
[Ord. No. 2015-52]
This section shall apply to the inspection, repair, maintenance,
occupancy and use of new and existing hotels, retreat lodging facilities
and multiple dwellings in the Township of Neptune, State of New Jersey,
as set forth in N.J.A.C. 5:10-1.4.
[Ord. No. 2015-52]
a.
Neptune Township shall comply with all provisions of the Act and
regulations and with all directives of the Bureau issued pursuant
thereto.
b.
The Bureau shall create a reservation for the purchase of inspection
services from Neptune Township during each period from July 1 to the
following December 31 and from January 1 to the following June 30,
and shall give notice to Neptune Township of the amount of such reservation
for each such period. Neptune Township may make requisitions against
this reservation in amounts not to exceed credits earned up to the
time of requisition. Said reservation may be decreased by the Bureau,
if, in its sole discretion, it determines that the Township of Neptune
cannot reasonably be expected to do enough work satisfactory to the
Bureau to earn the full amount of the reservation before the end of
the State's fiscal year.
c.
Neptune Township shall identify all unregistered buildings within
its jurisdiction. A separate information form prescribed by the Bureau
shall be completed and promptly forwarded to the Bureau for each such
building.
d.
Neptune Township shall be obligated to keep the local registry accurate
by promptly reporting to the Bureau all transfers of ownership, demolitions,
alterations and construction of buildings within its jurisdiction
and by reporting all errors that may appear.
e.
Neptune Township shall inspect, in each State fiscal year, all of
the multiple dwellings and hotels and units of dwelling space therein
which the Bureau determines to be subject to Cyclical Inspection in
that fiscal year.
f.
Twenty-five (25%) percent of the inspections require to be performed
pursuant to Section 3(E) above shall be completed prior to October
1 of each State fiscal year, Fifty percent (50%) prior to January
1 of each State fiscal year, Seventy-five percent (75%) prior to April
1 of each State Fiscal year and One Hundred percent (100%) on or before
June 30 of each State fiscal year. In the event that any of these
percentages cannot be met based on the number of Cyclical Inspections
that are due during a portion of a year, this requirement shall be
deemed satisfied if all buildings that can be scheduled for Cyclical
Inspections are inspected.
g.
All buildings are to be inspected in accordance with the most recently
promulgated State Regulations.
h.
Neptune Township, in addition to whatever local procedures it chooses
to adopt by resolution, shall make an Inspection Report concerning
each inspected building upon forms prescribed by the Bureau.
[Ord. No. 2015-52]
a.
All inspection and reinspection reports submitted to the Bureau shall
be signed by the Director of Code and Construction or other designee
designated by Neptune Township and approved by the Bureau.
b.
Such reports shall include the name of the inspector who performed
the inspection, and shall be submitted to the Bureau not less frequently
than once per month.
c.
In the event that an inspection of a building discloses a violation
of the regulations constituting an imminent hazard to the health,
safety or welfare of its occupants, Neptune Township shall, without
delay, transmit its inspection report findings to the Bureau for appropriate
action.
d.
All reports submitted to the Bureau which disclose violations shall
be clearly segregated from reports which disclose no violations.
[Ord. No. 2015-52]
a.
When specifically requested by the Bureau, Neptune Township shall
conduct, within one week of the request, reinspection of those buildings
where violations were discovered at the time of the original inspection.
b.
Neptune Township shall make a reinspection report concerning such
building upon forms prescribed by the Bureau and forward such reports
to the Bureau upon completion thereof.
c.
No reinspection reports will be accepted for credit unless all original
reported violations have been reinspected.
d.
The Bureau shall be responsible for notifying Neptune Township when
such reinspections are to be conducted.
e.
Neptune Township shall be responsible for any other functions of
the enforcement procedure, which can be undertaken on a local level.
f.
Extensions of time to complete abatement shall be granted only by
the Bureau.
[Ord. No. 2015-52]
a.
Neptune Township shall provide the Department of Community Affairs
with such information as may be necessary to determine the eligibility
of Neptune Township for funds that may be requisitioned by it, including,
without limitation, copies of past, current and projected operation
budgets and tables of organization for the agency undertaking inspection
and related duties.
b.
Neptune Township shall also supply the Bureau with a list of appropriate
totals of those buildings within its boundaries which are not registered
or inspected by the end of each State fiscal year.
[Ord. No. 2015-52]
a.
Neptune Township shall be solely responsible for compliance with
local, State and Federal laws pertaining to the dislocation and relocation
of individuals, families and businesses, provided, however, that Neptune
Township may apply to the Department for relocation assistance as
it may deem necessary.
b.
Neptune Township shall perform, within its jurisdiction, inspections
of those buildings that are the subject of complaints received by
the Bureau and/or Neptune Township.
c.
Such inspections shall be complete and performed in accordance with subsection 11-8.3g above and included in the regular cycle of inspections.
d.
However, in the event that the building that is the subject of the
complaint has been issued a valid Certificate of Inspection by the
Bureau, the first inspection and reinspection shall be limited to
the subject matter of the complaint.
[Ord. No. 2015-52]
a.
All inspections performed pursuant hereto shall be performed by inspectors
acceptable to the Bureau.
b.
Neptune Township shall provide to the Bureau resumes of all inspectors
whom Neptune Township intends to assign to the performance of inspections
pursuant hereto.
c.
No inspector disapproved by the Bureau shall perform any inspections
pursuant hereto.
d.
Upon request of the Bureau, Neptune Township shall provide to the
Bureau such further information concerning any inspector whom Neptune
Township assigns or intends to assign to perform inspections pursuant
hereto as the Bureau may require.
e.
In the event that the Bureau deems the quality of an inspector's
work to be unsatisfactory and so advises Neptune Township, then Neptune
Township shall immediately cease to assign inspections required to
be performed pursuant hereto to the said inspector.
f.
All inspectors assigned by Neptune Township to perform inspections
pursuant hereto shall attend, and shall be required by Neptune Township
to attend training sessions scheduled by the Bureau when such attendance
is required by the Bureau and any inspector is not specifically excused
by the Bureau.
[Ord. No. 2015-52]
a.
The Bureau shall supply Neptune Township with a listing of all buildings
within its jurisdiction registered or on file with the Bureau, and
such other information regarding inspection and enforcement activities
of Neptune Township and the Bureau as may reasonably be required.
b.
The Bureau shall furnish to Neptune Township all forms or documents
which are or may become necessary to carry out the duties assumed
hereunder.
c.
The Bureau, upon receipt of each inspection report disclosing a violation
or violations, may initiate whatever enforcement or compliance proceedings
as it deems fit and appropriate.
[Ord. No. 2015-52]
a.
The Bureau shall credit Neptune Township in accordance with the following
formulas.
1.
Upon formal registration of each building not now registered, Neptune
Township shall be credited with an amount of ten ($10.00) dollars.
2.
In the event of administrative hearings and/or court appearances,
the Bureau shall credit Neptune Township with a maximum of twenty-five
($25.00) dollars per full day for each local witness required to appear.
Without prior permission, local attendance at administrative hearings
shall be limited to one person per day.
3.
Neptune Township shall be credited with ten ($10.00) dollars for
each transfer of ownership, or creating of a building when Neptune
Township is responsible for such information reaching the Bureau in
the first instance.
4.
The Bureau shall annually establish and distribute to Neptune Township
a regular inspection payment schedule which shall set forth the payments
to be made by the Bureau to Neptune Township for each unit inspected
and reinspected and for inspection and reinspection of common areas.
Maximum payments per building or per project may be established. The
regular inspection payment schedule established each year shall be
uniform for all counties and municipalities and notice of it shall
be published annually in the New Jersey Register.
5.
Neptune Township shall be credited with an amount of ten ($10.00)
dollars for each first inspection and ten ($10.00) dollars for each
reinspection when the inspection is performed as a result of a complaint
received by the Bureau, and when the building that is subject to the
complaint has been issued a valid Certificate of Inspection by the
Bureau. In the event that the building complained of has not been
issued a Certificate of Inspection, Neptune Township will be credited
in accordance with the regular inspection payment schedule.
6.
No credit shall be allowed for any work that is not satisfactory
to the Bureau or for inspections by construction or subcode officials
of newly constructed or altered buildings.
[Ord. No. 2015-52]
a.
Neptune Township may from time to time make requisitions against
the reservation, as may be approved by the Bureau, up to but not in
excess of the amount of credits outstanding in said account as of
the date of the requisition. Said requisition shall be expressly limited
to reimbursement to Neptune Township for existing or additional expenses
incurred in carrying out the duties assumed by it hereunder, or to
improve its Housing Inspection Program and to supplement the locally
approved budget dedicated to Local Housing Inspection Program; provided,
however, in the event Neptune Township shows to the satisfaction of
the Bureau that such funds are not needed for the above, requisitions
may request payment to the general surplus or other account designated
by Neptune Township.
b.
Neptune Township shall submit such data as the Bureau shall from
time to time require and shall from time to time make its books available
for the Bureau's inspection at such times as the Bureau shall require.
c.
Neptune Township shall conscientiously enforce all local ordinances
related to housing and shall proceed under such ordinances with respect
to all cases referred by the Bureau for enforcement under such ordinances.
d.
The Bureau expressly reserves the right, at its option, to carry
out inspection and enforcement activities within the boundaries of
Neptune Township as it deems necessary to fulfill the duties imposed
upon it by the Act, or to assure faithful discharge by Neptune Township
of its duties and responsibilities.
e.
Neptune Township shall not utilize any funds received pursuant to
this subsection to employ or otherwise compensate any employee of
the Department of Community Affairs who has directly participated
in the negotiation or approval of the authorization.
[Ord. No. 2015-52]
a.
The authorization may be terminated at any time by the Bureau for
any of the following reasons:
1.
Failure for any reason of Neptune Township to fulfill in a timely
and proper manner any of the conditions herein set forth.
2.
Submission of reports by Neptune Township to the Bureau that are
incorrect or incomplete in any material respect.
3.
Improper use of funds provided pursuant hereto.
4.
Any conduct on the part of a local employee which would constitute
a violation of the New Jersey Conflict of Interest Law, N.J.S.A. 52:13D-12
et seq., if that conduct were engaged in by a State employee.
b.
In the event of termination, Neptune Township shall deliver to the
Bureau all inspection reports and registration information in its
possession.
c.
Any authorization given by the Bureau shall be effective as of the
date stated in the letter of authorization and shall continue in effect
until revoked by the Bureau.
d.
Any authorization conferred pursuant to this subsection shall be
deemed to be extended to the territory of one or more other local
units of government upon submission by such other local units of government
and proof of compliance with the requirements of the Interlocal Services
Act (N.J.S.A. 40:8A-1 et seq.).
[Ord. No. 2015-52]
a.
Neptune Township, acting under an authorization granted by the Bureau
pursuant to this subsection, shall be solely responsible for, and
shall keep, save and hold the Department of Community Affairs, the
Division of Codes and Standards and the Bureau of Housing Inspection,
and their officers, directors, employees, agents and servants, harmless
from all claims, loss, liability, expense, damage and judgments, including
all legal expenses incurred, resulting from any and all injury, and
damage to agents or employees or anyone connected with performance
pursuant to the authorization or to any other persons caused by any
and all acts of Neptune Township or any of its officers, directors,
employees, agents or any person or persons in connection with performance
under this authorization, or from any and all injury and damage to
any property caused by any and all acts of Neptune Township or any
of its officers, directors, employees, agents and servants or any
other person or persons in connection with performance pursuant to
this authorization.
b.
The liability of Neptune Township pursuant hereto shall continue
after the termination of the authorization with respect to any liability,
claims, loss, expense, damage or judgements resulting from acts occurring
prior to termination.
c.
Neptune Township shall be solely responsible to defend any and all
suits that may be brought against the Department, the Division or
the Bureau or any of its officers, directors, employees, agents or
servants on account of any and all acts of Neptune Township, and shall
make good to, and reimburse the Department for any expenditures that
the Department may make by reason of such acts.
[Ord. No. 2015-52]
a.
Neptune Township shall not unilaterally discontinue performing inspections
pursuant to the authorization except upon six (6) months' notice to
the Bureau.
b.
Neptune Township may not employ a person to perform inspections stated
above unless that person is licensed pursuant to N.J.A.C. 5:10-B.
c.
Neptune Township, should it maintain a local enforcing agency for
purposes of conducting inspections and other enforcement functions
with Neptune Township pursuant to N.J.S.A. 55:13A-13a, shall do so
as provided in these rules. The method of enforcement shall be set
forth by amendment to this ordinance and shall designate a municipal
agency to enforce the Act.
[Ord. No. 2015-52]
The Director of Code and Construction in Neptune Township is
hereby designated as the agent of the Bureau of Housing Inspection
for the purposes of inspecting newly constructed or altered hotels
and multiple dwellings in order to enforce the provisions of these
regulations. Responsibility for inspection may be delegated to the
appropriate subcode official(s).
[Ord. No. 2015-52]
The payment schedule shall be as set forth and amended by the
Department of Community Affairs, Bureau of Housing Inspection. Attached
hereto as Exhibit "A" is the present payment schedule effective July
1, 2005, but this ordinance shall be subject automatically to any
amendments thereto, which shall automatically be incorporated therein.[1]
[1]
Editor's Note: Exhibit A may be found on file in the Township
offices.
[Added 12-12-2022 by Ord. No. 22-52]
[Added 12-12-2022 by Ord. No. 22-52]
As used in this section, the following terms shall have the
meanings indicated:
A sample collected by wiping a representative surface and
tested in accordance with a method approved by the United States Department
of Housing and Urban Development.
Neptune Township.
The Neptune Township Code Enforcement and Construction Department
(hereinafter referred to as "Neptune Code Enforcement.")
The time at which all existing occupants vacate a dwelling
unit and all new tenants move into the dwelling unit.
A visual examination for deteriorated paint or visible surface,
dust, debris or residue.
[Added 12-12-2022 by Ord. No. 22-52]
a.
Neptune Code Enforcement shall serve as the department to conduct
inspections and enforce laws and ordinances and regulations under
this section. Neptune Code Enforcement shall inspect or contract out
to a qualified contractor to inspect.
b.
Neptune Code Enforcement shall inspect every single family and two-family
located within Neptune Township at the time of tenant turnover for
lead-based paint hazards or within two years of the effective date
of this section.
1.
Thereafter, all such units shall be inspected for lead-based paint
hazards the earlier of every three years or upon tenant turnover,
except that inspection upon tenant turnover shall not be required
if the owner has a valid lead-safe certification pursuant to this
section.
c.
Neptune Code Enforcement shall charge the dwelling owner or landlord
a fee sufficient to cover the cost of the inspection.
[Added 12-12-2022 by Ord. No. 22-52]
a.
Subject to subsection 11-9.4, Neptune Code Enforcement where it is unable to carry out inspections due to the lack of expertise or certification and enforcing laws, ordinances and regulations concerning buildings and structures within Neptune Township, for purposes of this section, Neptune Code Enforcement shall, through Neptune Township, hire a lead evaluation contractor; certified to provide lead-paint inspection services by the Department of Community Affairs, to inspect every single-family, two-family located within Neptune Township at tenant turnover for lead-based paint hazards or within two years of the effective date of this section. Thereafter, all such units shall be inspected for lead-based paint hazards the earlier of every three years or upon tenant turnover; except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification pursuant to this section. Neptune shall charge the dwelling owner or landlord a fee sufficient to cover the cost of the inspection, including the cost of hiring the lead evaluation contractor; subject to subsections 11-9.4; 11-9.5 and 11-9.6.
[Added 12-12-2022 by Ord. No. 22-52]
a.
Neptune Code Enforcement or lead evaluation contractor with the duty
to inspect single-family and two-family pursuant to this section may
consult with the local Health Board, the Department of Health or the
Department of Community Affairs concerning the criteria for the inspection
and identification of areas and conditions involving the high risk
of lead poisoning at dwellings; methods of detection of lead in dwellings
and the standards for the repair of dwellings containing lead paint.
[Added 12-12-2022 by Ord. No. 22-52]
a.
Fees established pursuant to this section shall be dedicated to meeting
the cost of implementing and enforcing this section and shall not
be used for any other purpose. The following fees shall be assessed:
|
Type of Fee
|
Amount of Fee
|
|---|---|
|
Initial Inspection Fee
|
$280 per unit
|
|
Lead Hazard Control Assistance Act
|
$20 per unit
|
|
Re-Inspection Fee
|
$100 per unit
|
[Added 12-12-2022 by Ord. No. 22-52]
a.
Notwithstanding subsections 11-9.3 - 11-9.6 to the contrary, a dwelling unit in a single-family, two-family or multi-rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
1.
Has been certified to be free of lead-based paints;
2.
Was constructed during or after 1978;
3.
Is in a multi-dwelling that has been registered with the Department
of Community Affairs as a multiple dwelling for at least 10 years
and either under the current or previous owner has no outstanding
lead violations from the most recent cyclical inspection performed
under the Hotel and Multiple Dwelling Law, N.J.S.A. 55:13A-1, et seq;
4.
Is a single-family or two-family seasonal rental dwelling which is
rented less than six months duration each year by tenants that do
not have consecutive lease renewals;
5.
Has a valid, lead safe certification issued in accordance with this
section.
[Added 12-12-2022 by Ord. No. 22-52]
a.
If a lead evaluation contractor or Neptune Code Enforcement finds
that a lead-based paint lead hazard exists in a dwelling unit upon
conducting an inspection pursuant to this section, then the owner
of the dwelling unit shall remediate the lead-based paint hazard by
using abatement or lead-based paint hazard control methods, approved
in accordance with the provisions of the Lead Hazard Control Assistance
Act, N.J.S.A. 52:27D-437.1, et als.
1.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two-dwelling units, then the lead
evaluation contractor or permanent local agency shall inspect the
remainder of the building's dwelling units for lead hazards with
the exception of dwelling units that have been certified that have
been certified to be free of lead-based paint.
2.
Upon the remediation of the lead-based paint hazard, the lead evaluation
contractor of Neptune Code Enforcement shall conduct an additional
inspection of the unit to certify that the hazard no longer exists.
b.
If a lead evaluation contractor or Neptune Code Enforcement finds
that no lead-based paint hazards exist in a dwelling unit upon conducting
an inspection pursuant to this Section, or following remediation of
the lead-based paint hazard pursuant to paragraph a of this subsection,
then the lead evaluation contractor or Neptune Code Enforcement shall
certify the dwelling unit as lead safe on a form prescribed by the
Department of Community Affairs provided for in regulations or guidance
promulgated by the State of New Jersey. The lead safe certification
provided to the property owner by the lead evaluation contractor of
Neptune Code Enforcement pursuant to this section shall be valid for
two years.
[Added 12-12-2022 by Ord. No. 22-52]
a.
Property owners shall provide the following:
1.
Evidence of the valid lead safe certification obtained pursuant to
this section as well as evidence on the most recent tenant turnover
at the time of the cyclical inspection carried out under the Hotel
and Motel Multiple Dwelling Law, N.J.S.A. 55:13A-1 et seq., unless
not required to have had an inspection by a lead evaluation contractor
or Neptune Code Enforcement pursuant to subsection 11-9.6a1-5;
2.
Provide evidence of a valid lead safe certification to new tenants
of the property at the time of tenant turnover; unless not required
to have had an inspection by a lead evaluation contractor or Neptune
Code Enforcement pursuant to subsection 11-9.6a1-5 and shall affix
a copy of such certification as an exhibit to the tenant's or
tenants' lease;
3.
Maintain record of lead safe certification, which shall include the
name or names of the unit's tenant or tenants, if the inspection
was conducted during a period of tenancy; unless not required to have
had inspection by a lead evaluation contractor or Neptune Code Enforcement
pursuant to subsection 11-9.6a1-5;
4.
If a lead evaluation contractor or Neptune Code Enforcement finds
that a lead-based paint hazard exists in the dwelling unit upon conducting
an inspection pursuant to this Section, then the lead evaluation contractor
or Neptune Code Enforcement shall notify the Commissioner of Community
Affairs, who shall review the findings in accordance with § 8
of the Lead Hazard Control Assistance Act, N.J.S.A. 52:27D-437.8;
5.
If a dwelling located in Neptune, in which less than 3% of children
tested, six years of age or younger, have a blood lead level greater
than or equal to 5 ug/dL, according to the central lead screening
database maintained by the Department of Health pursuant to Section
5 of N.J.S.A. 26:2-137.6 or according to other data deemed appropriate
by the Commissioner, then a lead evaluation contractor or Neptune
Code Enforcement may inspect for lead-based paint hazards through
visual assessment;
6.
If a dwelling located in Neptune, in which at least 3% of children
tested, six years of age or younger, have a blood lead level greater
than or equal to 5 ug/dL, according to the central lead screening
database maintained by the Department of Health pursuant to Section
5 of N.J.S.A. 26:2-137.6 or according to other data deemed appropriate
by the Commissioner, then the lead evaluation contractor or Neptune
Code Enforcement shall inspect for lead-based paint hazards through
dust wipe sampling;
7.
If a lead hazard is identified in an inspection of one of the dwelling
units in a building consisting of two or three dwelling units, then
the lead evaluation contractor or Neptune Code Enforcement shall inspect
the remainder of the building's dwelling units for lead hazards,
with the exception of dwelling units that have been certified to be
free of lead-based paint. The lead evaluation contractor or Neptune
Code Enforcement may charge fees in accordance with this section for
such additional inspections.
8.
In addition to the fees permitted to be charged for inspection of
rental housing pursuant to this section, Neptune shall assess an additional
fee of $20 per unit inspected by a certified lead evaluation contractor
or Neptune Code Enforcement for purposes of the Lead Hazard Control
Assistance Act, N.J.S.A. 52:27D-437.1 et al., concerning lead hazard
control work, unless the unit owner demonstrates that the Department
of Community Affairs has already assessed an additional inspection
fee of $20 pursuant to the provisions of Section 10 of N.J.S.A. 52:27D-437.10.
In a common interest community, any inspection fee charged pursuant
to this subsection shall be the responsibility of the unit owner and
not the homeowners' association, unless the association is the
owner of the unit. The fees collected pursuant to this subsection
shall be deposited into the Lead Hazard Control Assistance Fund established
pursuant to Section 4 of N.J.S.A. 52:27D-437.4.
[Added 12-12-2022 by Ord. No. 22-52]
In association with an application for lead remediation funding
provided pursuant to the Lead Hazard Control Assistance Fund, established
pursuant to Section 4 of N.J.S.A. 52:27D-437.4, or any other program
administered for lead remediation purposes by the Department of Community
Affairs, the Township shall not request or require that a property
owner disclose the social security number of any person renting the
property or otherwise associated with the inspected property other
than the property owner. This disclosure requirement prohibition shall
apply to an application for assistance, funded and administered by
the State for lead remediation purposes.
[Added 12-12-2022 by Ord. No. 22-52]
Neptune shall comply with adopted Rules and Regulations of the
Department of Community Affairs affecting actions of Neptune and Neptune
Code Enforcement under this section.
[Added 12-12-2022 by Ord. No. 22-52]
Neptune Code Enforcement shall be authorized to conduct investigations
and issue penalties not inconsistent with this section to enforce
a property owner's failure to comply with this section. If Neptune
or Neptune Code Enforcement determines that a property owner has failed
to comply with this section with respect to a rental dwelling unit
owned by the property owner, the property owner shall first be given
30 days to cure any violation by conducting the required inspection
or initiate any required remediation efforts. If the property owner
has not cured the violations after 30 days, they shall be subject
to a penalty not exceeding $1,000 per week until the necessary action
has been taken; unless penalties are specified elsewhere in this section
or with regard to a specific violation, in which case such provision
shall supersede this section. If a violation is of a continuing nature,
each day or portion of each day during which it occurs shall constitute
an additional, separate and distinct offense.
