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