[1]
Editor's Note: N.J.S.A. 52:27D et seq. provides for the enforcement of New Jersey's Uniform Construction Codes by the municipalities.
[1972 Code § 24-1.1; New]
There is hereby established in the City a State Uniform Construction Code Enforcing Agency, pursuant to N.J.S.A. 52:27D-119 et seq., and N.J.A.C. 5:23-1 et seq., to be known as the Construction Agency of the City of Bayonne. The agency shall consist of a Construction Official, Building Subcode Official, Plumbing Subcode Official, Electrical Subcode Official, Fire Protection Subcode Official, inspectors 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 and such other inspectors and other personnel as are necessary for the proper conduct of enforcement. The Construction Official shall be the chief administrator of the enforcing agency.
[1972 Code § 24-1.2]
Each official position created in subsection 15-1.1 shall be filled by a person qualified for such position pursuant to N.J.S.A. 52:27D-119 et seq., 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 N.J.S.A. 52:27D-119 et seq. to hold each such position.
[1972 Code § 24-1.3]
The public shall have the right to do business with the enforcing agency at one office location except for emergencies, and unforeseen or unavoidable circumstances.
[1]
Editor's Note: Former Section 15-2, Construction Board of Appeals containing 2002 Code §§ 15-2.1 through 15-2.4 was deleted in its entirety by Ordinance No. O-14-24.
[1972 Code § 24-3.1; Ord. No. O-05-16 § 1; Ord. No. O-07-01 § 1; Ord. No. O-07-08 § 1; Ord. No. O-12-02 § 7; Ord. No. O-12-23; Ord. No. O-14-25; Ord. No. O-15-22; amended 2-19-2020 by Ord. No. O-20-10; 6-18-2025 by Ord. No. O-25-37]
The fee for a construction permit shall be the sum of the subcode fees listed in paragraphs a through f hereof and shall be paid before the permit is issued. A fine in accordance with the Uniform Construction Code shall be assessed when work for which a permit is required is commenced prior to the issuance of a permit.
a.
Building Subcode. The building subcode fees shall be:
1.
New structure fee.
(a)
All use groups (except for open-volume single-story spaces as defined in Subsection a1(c) below - Volume of building in cubic feet x $0.04 plus current NJ State surcharge fee per cubic foot x $0.00334.
(b)
Permit for temporary structure - $75.
(c)
Open-volume single-story spaces in excess of 100,000 square feet, such as warehouses, distribution centers - Volume of building in cubic feet x $0.03 plus current NJ State surcharge fee per cubic foot x $0.00334. Volume shall be calculated on the basis of the volume of the building, with the height of the building capped at 20 feet per story, notwithstanding the fact that the actual height of the building may be greater
2.
Renovations, alterations and minor work.
(a)
$28 per $1,000 of estimated cost up to $50,000.
Additional 26.00 per $1,000 of estimated cost above $50,001 up to $100,000.
Additional 24.00 per $1,000 of estimated cost above $100,001.
4.
Training and certificate fee - As per uniform construction code, N.J.A.C. 5:23-4:19.
6.
Fence Permit, over six feet or higher.
50 feet - $75.
51-100 feet - $90.
Over 101 feet - $200.
7.
Retaining Walls. (Walls at or above four feet high or a wall less than four feet having a negative impact on a foundation.)
Retaining Walls under 550 SF - Minimum fee - $100.
Over 550 SF surface area - Minimum fee - $190.
8.
Tank removals and abandonment in place, each:
Up to 1,000 gals. - $150.
Over 1,000 gals. - $425.
b.
Electrical Subcode Fees:
1.
Fixtures, receptacles, fractional motors, detectors, phones and switches - block of 25 - $80.
Each additional 25 - $25.
Receptacles 30 amps and above - $30 each.
2.
Range, oven and surface units - $60.
3.
Dishwasher, garbage disposal and dryer - residential - $20.
Dishwasher - commercial - $30.
4.
Air-conditioning units up to five tons - $60.
5.
Air handlers and air-conditioning units over five tons - $110.
6.
Burglar alarms, intercoms, smoke/heat detectors, security alarms - $40 per dwelling. If other than a dwelling, subsection 15-3.1(b)(1) applies.
8.
Water heater - $40.
9.
Central heat - $60.
10.
Baseboard heat units per 100 kW - $25.
11.
Heat pumps - heat or cooling units - $45 per 100 kW.
13.
Generators.
Up to 50 kW each - $75.
51-100 kW - $130.
101-200 kW - $580.
201 kW and above - An additional $3 per kW
14.
Light standards - four lights per pole - $25.
15.
Motors.
1-10 hp - $35.
11-50 hp - $80.
51-100 hp - $185.
101 hp and above - $650.
16.
Transformers.
1-10 kW - $40.
11-50 kW - $90.
51-112 1/2 kW - $205.
112 1/2 - 500 kW - $450.
Over 500 kW - $675.
17.
Signs - $40.
18.
Motor control/sub-panels same as service entrance.
19.
Photovoltaic systems.
1-50kW - $125.
Over 50kW - Additional $25 per kW.
20.
Space Heater - $60.
21.
Air Handler - $60.
22.
Hot Tub - $60.
23.
Whirlpool - $60.
24.
Cellular Antenna's and Equipment Cabinets - $100 per antenna.
25.
Miscellaneous items not otherwise listed - $100.
c.
Plumbing Subcode Fees:
1.
Water heaters - $85.
2.
Heating appliances - $60.
3.
Air conditioning equipment and condensers - $75.
4.
Solar heating - $75.
6.
Gas piping - $85.
7.
Backflow preventer 1/2 inch - 3/4 inch - $30.
Backflow preventer greater than 3/4 inch - $85.
8.
Appliances - $60.
9.
Water Closet - $30.
10.
Urinal/Bidet - $30.
11.
Bathtub - $30.
12.
Lavatory - $30.
13.
Shower - $30.
14.
Floor drain - $30.
15.
Sink - $30.
16.
Dishwasher - $30.
17.
Dishwasher Commercial - $75.
18.
Drinking Fountain - $30.
19.
Washing machine - $30.
20.
Hose bibb - $30.
21.
Steam boiler - $85.
22.
Hot water boiler - $85.
23.
Boilers above 200,000 BTU - $100.
24.
Stacks - $75.
25.
House trap - $25.
26.
Interceptor/separator - $30.
27.
Interceptor/separator (commercial) - $100.
28.
Grease trap - $85.
29.
Water cooled air conditioning or refrigeration unit - $85.
30.
Sewer Connection:
Four inch - $80.
Five inch - $135.
Six inch - $300.
31.
Water service connection - $85.
32.
Gas service connection - $85.
33.
Active solar system - $85.
34.
Sewer Pump - $85.
35.
Miscellaneous Items Not Otherwise Listed - $100.
d.
Fire Protection Subcode Fees:
1.
Storage tanks - Gas, oil or chemical: Each.
Up to 500 gal. capacity (residential) - $60.
Up to 500 gal. capacity (commercial) - $70.
501 to 999 gal. capacity - $100.
1,000 to 2,999 gal. capacity - $175.
3,000 to 4,999 gal. capacity - $225.
5,000 to 9,999 gal. capacity - $325.
10,000 to 19,999 gal. capacity - $500.
20,000 to 49,999 gal. capacity - $1,000.
50,000 or more gal. - $2,000.
2.
Gas and oil heating units:
Residential:
All single unit appliances - $45.
Multifamily up to six units - $85.
Central heat to six units - $85.
Additional fee per unit over six - $5.
Commercial/stores/offices/light industrial/churches:
Space heaters/unit heaters each - $45.
Central heat:
Up to 300,000 BTU's - $60.
300,001 BTU's and up - $125.
Heavy industrial:
Central heating and/or processing - $125.
High pressure boilers each - $175.
High temperature furnaces each - $175.
Space heaters: Each unit $45.
3.
Wood burning stoves: For new installations or replacements including chimneys - $50.
4.
Smoke detectors:
Up to 25 units - $85.
Additional fee per unit in excess of 25 - $3.
5.
Standpipe installation:
Each standpipe or riser installed up to six inches - $350.
Each standpipe or riser installed over six inches - $450.
6.
Sprinkler system:
1 to 20 heads - $100.
21 to 100 heads - $150.
101 to 200 heads - $275.
201 heads and greater - $275 for first 200 heads and $150 per each additional 50 heads or portion thereof.
7.
Fire pumps:
The fee shall be: $300 per pump
8.
Hose stations:
Each station - $12.
9.
Central stations:
Each central station - $150.
Manual or pull stations each - $60.
Master fire alarm boxes - $45.
10.
Emergency lights/exit signs:
1 to 5 - $85.
6 to 10 - $140.
11 to 15 - $180.
16 to 30 - $325.
Over 30 - $135 for each additional 20 units or portion thereof.
11.
Pre-engineered suppression system (halon, CO2, foam, wet, dry, chemical, kitchen hood):
$250 per $1,000 of estimated cost of construction.
12.
Elevator recall system: $125.
13.
Smoke control doors: $250 each door.
14.
Miscellaneous items not listed - $100.
e.
Elevator Subcode. In accordance with the Uniform Construction Code (N.J.A.C. 5-23.1 et seq.), fees for private on-site elevator inspections shall be at the rate(s) set forth in the municipal contract plus 15%.
f.
Mechanical Subcode Fees:
1.
Water heater - $85.
2.
Fuel Oil piping - $85.
3.
Gas piping - $85.
4.
Steam boiler - $85.
5.
Hot water boiler - $85.
6.
Boilers over 200,000 BTU - $100.
7.
Hot air furnace - $75.
8.
Oil tank - $75.
9.
LPG tank - $75.
10.
Fireplace - $75.
11.
Mini-splits/Heads - $30 each.
12.
Condensers (1 or 2 family) - $75.
13.
Coil - $75.
14.
Miscellaneous items not listed - $100.
g.
Minimum Fees.
1.
Notwithstanding the subcode fee amounts set forth herein, there shall be a minimum fee of $100 imposed for every application where the sum of the actual subcode fee amounts is less than $100.
h.
Fees for Certificates and Other Permits.
2.
Sign Fees. The fee to construct or alter a sign of 25 square feet or more in surface shall be per square foot of the surface area of the sign, computed on one side only for double faced signs as follows:
(a)
Minimum fee - $100.
3.
Certificate of Continued Use Fees.
(a)
The minimum fee for any certificate shall be $100.
(b)
All use groups - 15% of new construction fee - Minimum $100.
(c)
Certificate of continued use.
Residential and commercial $60 for first unit and $15 for each additional unit.
Assembly and industrial $0.009 for every square foot of floor space with a minimum fee of $60 and a maximum fee of $700.
(d)
Certificate for change of use - $100 per each certificate.
[1972 Code § 24-3.2; Ord. No. O-12-02 § 7]
The fee for plan review shall be 20% of the amount to be charged for the construction permit and shall be paid at the time of application for a permit. The amount paid for this fee shall be deducted from the amount of the fee to be charged for the construction permit when the permit is issued. Plan fees are not deductible.
There shall be an additional fee of 10% of the plan review fee for any resubmitted plans or changes to plans that have already been released.
[1972 Code § 24-3.3]
A true copy of the construction permit issued hereunder shall be posted in a place plainly visible from the public right-of-way and shall remain on the site of operations open to inspection during the entire time of prosecution of the work.
[1972 Code § 24-3.4]
The Construction Official shall, with the advice of the Subcode Officials, annually prepare and submit to the City Council, a report recommending a fee schedule based on the operating expenses of the Agency and any other expenses of the City fairly attributable to the enforcement of the State Uniform Construction Code Act.
[Ord. No. O-06-31 § 1]
Demolition sites, excavation sites structures along the public right-of-way, and all construction of new buildings shall provide a barrier that safeguards the public and any adjacent property until completion of work. The barrier shall be a six-foot high chain link fence. The barrier, when approved, may employ existing on-site structures. Fences shall be of sufficient strength to resist wind forces. Both the property owner and his agent shall bear the responsibility of maintaining the barrier until completion of work. The penalty for failure to install or maintain a barrier shall be $500 per day.
[Ord. No. O-01-40]
Standards for determining that a building or structure, which has been destroyed in part or in total by a fire or other act of nature, shall constitute an inimical threat to the public welfare, and procedures for ordering work, including the removal or demolition of such a building or structure, and removal of debris, are hereby established pursuant to the emergency powers of the City of Bayonne, and in accordance with New Jersey Statutes and the New Jersey Administrative Code.
[Ord. No. O-01-40]
It shall be the primary responsibility of the Fire Department to abate the imminent fire hazard pursuant to the authority conveyed in the Uniform Fire Code, contained in Chapter 19 of the Revised General Ordinances. Once the Fire Official determines the imminent fire hazard has been abated, he shall notify the Construction Official.
[Ord. No. O1-01-40]
In the event a fire or other act of nature has left a building or structure in such a condition that there is actual and immediate danger of collapse, or failure of any part of the building or structure, which would endanger life, the Construction Official shall cause the necessary work to be done to render such building or structure temporarily safe, including removal or demolition, without instituting the legal procedure or action provided for in Sections 15-6 and 15-10 of this chapter. The Construction Official, together with the City Engineer, shall determine that a building or structure, or part thereof, is in such a condition that there is actual and immediate danger of collapse. It shall be the responsibility of the City Engineer to provide certification of the immediate danger, upon which the Construction Official shall issue an order for the necessary work to be done to render the building, structure or part thereof, safe, or to remove or demolish it, including the removal of debris. The Construction Official shall have no obligation to cause work to be done to the building, structure or part thereof, in order to make it safe, which is outside the scope of securing the site.
[Ord. No. O-01-40]
Upon receiving certification by the City Engineer that a building or structure, or part thereof, is in actual and immediate danger of collapse, the Construction Official shall make a reasonable effort, given the circumstances and impending danger of collapse, to notify the owner and provide with him the opportunity to undertake work, removal or demolition, including removal of debris.
[Ord. No. O-01-40]
If the owner does not notify the Construction Official that he has made arrangements for the work, including removal, demolition, and debris removal, and fails to undertake and complete the work, removal or demolition of the building or structure, including removal of the debris, within a reasonable time period given the immediacy of the condition as prescribed by the City Engineer, the City shall award an emergency contract for the work, including removal or demolition of the building or structure and removal of debris, pursuant to N.J.S.A. 40A:11-6, and in accordance with the following procedures.
a.
The Construction Official shall maintain an active list of qualified contractors that express the desire to bid for work, removal or demolition contracts including removal of debris, awarded pursuant to this section. It shall be the sole responsibility of the contractor to express its desire to bid. The contractor shall do so by providing the Construction Official with updated information including the company name, address, telephone or pager number where an individual with authority to act on behalf of the company is accessible at all times, any other information the Construction Official deems necessary to identify and contact the contractor in the event the City undertakes work, removal or demolition of the building or structure, including removal of debris, and to determine if the contractor is qualified to perform such work.
b.
The Construction Official shall verbally notify the contractors that appear on the list maintained in accordance with this section, of a designated time and place for all interested bidders to convene and submit specifications and bids for the contract.
c.
Upon receipt and review of the specifications and bids submitted by the interested contractors, the Construction Official shall award the work, removal, demolition and/or debris removal contract to the lowest qualified bidder.
[Ord. No. O-01-40]
If it becomes necessary for the City to undertake work, including removal or demolition of any building or structure, or part thereof, including removal of debris, because it has been determined inimical to the public welfare in accordance with the provisions of this section, the City shall assess the cost of such work, removal or demolition including the removal of debris as a municipal lien against the premises. The City may enforce such assessment, with interest, against any fire insurance proceeds, as provided in Section 2-42 of the Revised General Ordinances, or as a debt of the owner of the premises and authorize institution of an action at law for the collection thereof, as provided in N.J.S.A. 40:48-1.1.
[Ord. No. O-01-40]
If the City Engineer determines that a building or structure, or part thereof, which has been damaged by fire or other act of nature, does not pose an inimical threat to the public welfare, as defined in this section, but nonetheless is unsafe or unfit for human habitation or occupancy, the building or structure shall be declared an unfit dwelling or nuisance, and be subject to the legal process set forth in Section 15-6 and 15-10 of this chapter.
[Ord. No. O-01-40]
Nothing in this section shall be construed as limiting the powers of the municipality, or its officials, as provided in any other municipal ordinance, or by New Jersey Statute, Administrative Rule or Regulation.
[1972 Code § 12-4.1]
As used in this section:
Shall mean any building, or structure, or part thereof, whether used for human habitation or otherwise, and includes ancillary structures and appurtenances belonging thereto or usually enjoyed therewith.
Shall mean the holder or holders of the title in fee simple.
Shall mean all individuals, associations and corporations who have interests of record in a building and any who are in actual possession thereof.
Shall mean any officer who is in charge of any Department or branch of the government of the City, County or State relating to health, fire, building regulations, or to other activities concerning buildings in the City.
Shall mean the City Engineer.
[1972 Code § 12-4.2]
a.
Designation of Public Officer. The City Engineer is hereby designated as the Public Officer authorized to enforce the provisions of this section.
b.
Notice and Hearing. Whenever a petition is filed with the Public Officer by a public authority or by at least five residents of the City charging that any building is unfit for human habitation or occupancy or use whenever it appears to the Public Officer (on his own motion) that any building is unfit for human habitation or occupancy or use, the Public Officer shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such building a complaint stating the charges in that respect and containing a notice that a hearing will be held before the Public Officer (or his designated agent) at a place herein fixed not less than 10 days nor more than 30 days after the serving of the complaint. The owner and parties in interest shall be given the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony at the place and time fixed in the complaint. The rules of evidence prevailing in the courts shall not be controlling in hearings before the Public Officer.
c.
Findings and Orders. If, after such notice and hearing, the Public Officer determines that the building under consideration is unfit for human habitation or occupancy or use he shall state in writing his 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:
1.
Requiring the repair, alteration or improvement of the building to be made by the owner, within a reasonable time, which time shall be set forth in the order or at the option of the owner to vacate or have the building vacated and closed within the times set forth in the order; and
2.
If the building is in such a condition as to make it dangerous to the health and safety of persons on or near the premises, and the owner fails to repair, alter or improve the building within the time specified in the order, then the owner shall be required to remove or demolish the building within a reasonable time as specified in the order of removal.
d.
Failure of Owner to Comply with Order to Repair, Alter or Improve. If the owner fails to comply with an order to repair, alter or improve or, at the option of the owner, to vacate and close the building, the Public Officer may cause such building to be repaired, altered or improved, or to be vacated and closed; that the Public Officer may cause to be posted on the main entrance of any building so closed, a placard with the following words: "This building is unfit for human habitation or occupancy or use; the use or occupation of this building is prohibited and unlawful."
e.
Failure of Owner to Comply with Order to Remove or Demolish. If the owner fails to comply with an order to remove or demolish the building, the Public Officer may cause such building to be removed or demolished or may contract for the removal or demolition thereof after advertisement for, and receipt of, bids therefor.
f.
Recovery of Expenses; Imposition of Lien; Proceeds from Sale of Materials on Removal or Demolition; Deposit in Court the Amount of:
1.
The cost of the filing of legal papers, expert witnesses' fees, search fees and advertising charges, incurred in the course of any proceeding taken under this act determined in favor of the City, and
2.
Such cost of such repairs, alterations or improvements, or vacating and closing, or removal or demolition, if any, or the amount of the balance thereof remaining after deduction of the sum, if any, realized from the sale of materials derived from such building or from any contract for removal or demolition thereof, shall be a municipal lien against the real property upon which such cost was incurred. If the building is removed or demolished by the Public Officer, he shall sell the materials of such building. There shall be credited against the cost of the removal or demolition thereof, the proceeds of any sale of such materials or any sum derived from any contract for the removal or demolition of the building. If there are no such credits or if the sum total of such costs exceeds the total of such credits, a detailed statement of the aforesaid costs and the amount so due shall be filed with the City Tax Assessor or other custodian of the records of tax liens and a copy thereof shall be forthwith forwarded to the owner by registered mail. If the total of the credits exceed such costs, the balance remaining shall be deposited in the Superior Court by the Public Officer, shall be secured in such manner as may be directed by such court, and shall be disbursed according to the order or judgment of the court to the persons found to be entitled thereto by final order or judgment of such court; provided, however, that nothing in this section shall be construed to impair or limit in any way the power of the City to define and declare nuisances and to cause their removal or abatement, by summary proceedings or otherwise. Any owner or party in interest may, within 60 days from the date of the filing of the lien certificate, proceed in a summary manner in the Superior Court to contest the reasonableness of the amount or the accuracy of the costs set forth in the City lien certificate.
[1972 Code § 12-4.3]
The Public Officer is hereby authorized to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this section including the following powers in addition to others herein granted:
a.
To investigate the building conditions in the City in order to determine which buildings therein are unfit for human habitation or occupancy or use;
b.
To administer oaths, affirmations, examine witnesses and receive evidence;
c.
To enter upon premises for the purpose of making examinations; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession;
d.
To appoint and fix the duties of such officers, agents and employees as he deems necessary to carry out the purposes of the ordinances; and
e.
To delegate any of his functions and powers under the ordinance to such officers and agents as he may designate.
[1972 Code § 12-4.4]
Complaints or orders issued by a Public Officer pursuant to the provisions of this section 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 Public Officer in the exercise of reasonable diligence, and the Public Officer shall make an affidavit to that effect, then the serving of such complaint or order upon such persons may be made by publishing the same once each week for two successive weeks in a newspaper printed and published in the City, or, in the absence of such newspaper, in one printed and published in the County and circulating in the City in which the buildings are located. A copy of such complaint or order shall be duly recorded or lodged for record with the County Recording Officer of Hudson County.
[1972 Code § 12-4.5]
The Public Officer may determine that a building is unfit for human habitation or occupancy or use if he finds that conditions exist in such building 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 City; such conditions may include the following, without limiting the generality of the foregoing: defects therein increasing the hazards of fire, accident, or other calamities; lack of adequate ventilation, light, or sanitary facilities; dilapidation; disrepair, structural defects; uncleanliness.
The Public Officer is authorized to request and receive from any public authority he deems appropriate, reports of inspection and evaluations made by such public authorities regarding conditions in the building or buildings which are the subject of any action taken in accordance with this section.
[1972 Code § 12-4.6]
Nothing in this section shall be construed to abrogate or impair the powers of any Department of the City to enforce any provisions of the Charter or the ordinances or regulations of the City, nor to prevent or punish violations thereof; and the powers conferred by this section shall be in addition and supplemental to the powers conferred by any other law.
[1972 Code § 12-5; Ord. No. O-07-01 § 2]
Except as provided in subsection 15-7.5, it shall be unlawful for any person to engage in the business or act in the capacity of a contractor within the City without first having registered as provided herein.
Except as provided in subsection 15-7.5, no permit shall be issued by the Construction Official for the erection, construction, reconstruction, structural alteration or removal of any commercial property, as defined herein, to anyone except a duly registered contractor or his authorized agent under the provisions of this section.
[1972 Code § 12-5.1; Ord. No. O-03-12 § 1; Ord. No. O-07-01 § 2; Ord. No. O-08-19 § 1; Ord. No. O-09-28 § 2]
As used in this section:
Shall mean a certificate of registration issued under subsection 15-7.3.
Shall mean a parcel of land upon which activity involving the sale of goods or services is carried out for profit.
Shall mean the New Jersey State Uniform Construction Code.
Shall mean any person who owns and operates a commercial business or who undertakes, offers to undertake or agrees to perform any commercial improvement.
Shall mean the Head of the Division of Community Development or his designee.
Shall mean all chattels personal which are furnished or used in the modernization, rehabilitation, repair, alteration or improvement of real property.
Shall include, but not be limited to, the repair, replacement, remodeling, alteration, conversion, modernization, improvement, rehabilitation of or addition to any land or building, or portion thereof, which is used or designed to be used as a private residence or dwelling place; or the construction, replacement, installation or improvement of driveways, swimming pools, porches, garages, roofs, siding insulation, solar energy systems, flooring, patios, fences, doors, windows or waterproofing in connection with such land or building, or portion thereof, which is used or designed to be used as a private residence or dwelling place. "Home improvement" does not include:
The construction of a new home.
The sale of goods by a seller who neither arranges to perform nor performs, directly or indirectly, any work or labor in connection with the installation or application of the goods or materials.
The sale of goods or services furnished for commercial or business use or for resale.
The sale of appliances, such as stoves, refrigerators, freezers, room air conditioners and others which are designed for and are easily removable from the premises without material alteration thereof.
Shall mean an agreement, whether contained in one or more documents, between a contractor and an owner for the performance of a home improvement.
Shall mean a person who owns a private residence, as defined herein.
Shall mean a single family dwelling or a multifamily dwelling consisting of not more than four units.
[1972 Code § 12-5.2; Ord. No. O-07-01 § 2; Ord. No. O-09-28 § 2]
Except as otherwise provided herein, the Construction Official shall, within seven days of receipt of a verified application, certificate of insurance, and fees as prescribed by this section, register an applicant in accordance with the appropriate classification or classifications and issue a certificate of registration.
a.
Classes of Registration. There shall be the following classes of registration pursuant to this section.
1.
General contractor or builder. A contractor engaged in the business of constructing buildings or structures from start to finish or the alteration, addition to or repair of any building or structure. This class of contractor shall be completely responsible for his subcontractors' work.
2.
Roofing contractor. A contractor who is engaged in the business of applying roofing and siding materials to existing or new buildings or structures.
3.
Demolition contractor. A contractor who is engaged in the business of demolishing buildings or structures in whole or in part.
4.
Moving contractor. A contractor who is engaged in the business of moving building or structures.
5.
Swimming pool contractor. A contractor who is engaged in the business of installing or repairing swimming pools or equipment and appurtenances related thereto.
6.
Sign or billboard contractor. A contractor who is engaged in the business of erecting, altering or maintaining signs or billboards.
7.
Siding contractor. A contractor who is engaged in the business of applying siding material to existing or new buildings or structures.
8.
Mason contractor. A contractor who is engaged in the business of arranging brick, stone or concrete in walls or structures of any kind.
9.
Miscellaneous contractor. A contractor who is engaged in work of a special character as determined by the construction official.
b.
Application Requirements.
1.
Application for registration shall be made in writing on forms supplied by the Division of Community Development and shall contain the following information:
(a)
The applicant's name, business name and business address.
(b)
Whether the applicant is an individual, a partnership, a corporation or any other entity.
(c)
If the applicant is an individual, the applicant's residence address.
(d)
If the applicant is a partnership, the full names and residence addresses of each partner.
(e)
If the applicant is a corporation, the name and address of the registered agent and the address of the principal office in New Jersey.
(f)
The name and address of the person to whom all notices required by this section shall be sent.
(g)
The number of years the applicant has been in business at its current location or at any prior location, including the addresses of such prior location(s), if any, within the last five years.
(h)
The class or classes for which the applicant is seeking registration.
2.
The applicant shall provide a certificate of general liability insurance naming the City of Bayonne as the certificate holder, insuring the applicant in the amount of at least $500,000, and describing the operations for which the applicant is insured.
c.
Fee. The fee for registering as a commercial contractor shall be $60 annually. At the time of initial registration or renewal thereof, an applicant shall pay only one fee regardless of the number of classes for which he is seeking registration.
[1972 Code § 12-5.3; Ord. No. O-09-28 § 2]
a.
Reasons for Refusal to Reregister or Revocation of License. An applicant will not be allowed to register or to reregister in the City, and a registration may be revoked, if the applicant or registrant or an officer, partner, director or stockholder of the registrant or applicant has at any time:
1.
Willfully misrepresented any material fact in the registration application.
2.
Willfully refused to correct violations of the State Uniform Construction Code after notice as provided in the State Uniform Construction Code.
3.
Willfully violated, to any substantial degree, the Uniform Construction Code or any other Statutes, ordinances or regulations relevant to the construction, alteration or repair of any building, structure or land.
b.
Denial of Registration. The Head of the Division of Community Development shall notify the applicant, by personal service or certified mail, the reason or reasons for the denial of registration and apprising the applicant that he is entitled to a hearing.
c.
Revocation of Registration. If the Head of the Division of Community Development, based upon his or her own knowledge or after investigation based upon the verified written statement of any interested party, believes that sufficient cause exists to revoke a registration, he or she shall, personally or by certified mail, serve the registrant with a notice of intent to revoke. The notice shall set forth the grounds for the revocation together with a statement of facts in support thereof and apprising the registrant that he is entitled to a hearing prior to revocation.
d.
Hearings.
1.
The registrant may request a hearing to determine the validity of the grounds for denial or revocation of registration. The request shall be in writing and received by the Construction Official within 20 days of service of the notice of denial or intent to revoke. If no request is made within this time or such additional time as agreed to by the Head of the Division, the hearing may be deemed waived and the determination of the director will be deemed final.
2.
If a hearing is requested, it shall be held within 30 days of the request and upon five days' notice by certified mail to the applicant or registrant.
3.
The hearing shall be held before the Head of the Division of Community Development. The applicant or registrant shall have the right to appear personally or by counsel, cross-examine witnesses and present evidence in his behalf.
4.
Within five days of the hearing, the Head of the Division of Community Development shall make a final determination and shall notify the applicant or registrant in writing of his or her decision either personally or by certified mail. Following the hearing, if the Head of the Division of Community Development finds that the registration should be denied or revoked, such determination shall be effective immediately.
e.
Appeals.
1.
Any person aggrieved by the action of the Construction Official or the Head of the Division of Community Development shall have the right to appeal to the Construction Board of Appeals of the City of Bayonne.
2.
Such appeal shall be taken in the time and manner provided for appeals to Board as provided in the Uniform Construction Code.
f.
Reregistration After Revocation. Any person whose certificate has been revoked hereunder may reregister if the grounds upon which such certificate was revoked are removed or corrected, or are found to no longer preclude registration and upon payment of the appropriate fee.
[1972 Code § 12-5.4; Ord. No. O-03-12 § 2; Ord. No. O-07-01 § 2]
Nothing in this section shall require the registration of, or prohibit issuance of a building permit to, the following:
a.
An electrician or plumber licensed pursuant to the laws of the State of New Jersey.
[Ord. No. O-10-01]
a.
It has been brought to the attention of the City of Bayonne Construction Official, the City of Bayonne Fire Official and the Bayonne Health Department Director that there are a number of unlawful residential occupancies within the City of Bayonne and that said unlawful residential occupancies continue to exist within the City of Bayonne.
b.
The City of Bayonne has afforded its citizens, property owners and tenants ample opportunity to take the appropriate action to eliminate or legalize said unlawful residential occupancies with little success.
c.
The Bayonne City Council finds that such unlawful residential occupancies are a detriment to the citizens of the City of Bayonne and determines cause the abatement of same in order to promote the general health, welfare and safety of the citizens of Bayonne.
d.
Eliminating the number of unlawful residential occupancies in the City of Bayonne requires enforcement and the imposition of stringent penalties for offenders, especially repeat offenders.
[Ord. No. O-10-01]
a.
No person shall: (1) lease nor offer to lease; or (2) rent nor offer to rent; or (3) collect rent nor lease payments; or (4) barter for services in lieu of rent or lease payments; or (5) permit occupancy of any "Illegal Dwelling Unit" as defined herein;
b.
No person shall: (1) lease nor offer to lease; or (2) rent nor offer to rent; or (3) collect rent nor lease payments; or (4) barter for services in lieu of rent or lease payments; or (5) permit occupancy of any "cubicle" as defined herein.
[Ord. No. O-10-01; amended 9-18-2024 by Ord. No. O-24-49]
As used in this section:
Shall mean one or more rooms occupied or intended for occupancy with sleeping facilities, but without one or more of the requirements of a "dwelling unit" as defined in herein.
Shall mean one or more rooms occupied or intended for occupancy as separate living quarters for one family with access directly from the outside of the building or through a common hall or passageway and for which separate cooking, sleeping and sanitary facilities are provided for the exclusive use of the occupants.
Shall be defined as one:
For which no Certificate of Occupancy has been issued; or
That fails to meet the requirements of the State of New Jersey Housing Law;
That was created without the issuance of required plumbing, electrical or building permits;
That is deemed an imminent hazard as defined in the New Jersey Uniform Fire Code; or
That is in violation of any City of Bayonne Zoning Ordinance.
Shall mean the fee owner, whether a natural person, corporation, limited liability company or other entity or any other natural person, corporation, limited liability company with authority or apparent authority to lease, or rent or authorize occupancy from the fee owner.
[Ord. No. O-10-01]
Any person who violates any provisions of this section shall be penalized as follows:
a.
For the first violation — a fine of up to $750 per day for each violation for each dwelling unit and/or 10 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof;
b.
For a second violation — a fine of not less than $750 and not more than $1,500 per day for each violation for each dwelling unit and/or 20 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof;
c.
For a third and subsequent violation — a fine of not less than $1,500 per day for each violation for each dwelling unit and/or 30 days in jail at the discretion of the Municipal Court Judge, and shall make a contribution to the City's Relocation Assistance Fund as provided for in subsection 15-8.5 hereof.
Each day a person violates a provision of this section shall be considered a separate and distinct violation. |
[Ord. No. O-10-01]
Any person who violates any provisions of this section and a tenant is displaced and must vacate the illegal occupancy as a result of the illegal status of the dwelling unit or cubicle, said person shall be required to make a mandatory contribution to the City's Relocation Assistance Fund in the amount of at least one month's rent and not to exceed the amount equivalent to six month's rent in the discretion of the Municipal Court Judge for each violation for each dwelling unit. In any event, the minimum amount of the owner-landlord's contribution to the City's Relocation Assistance Fund shall be $500 for each violation for each dwelling. This payment to the City's Relocation Assistance Fund is in addition to any other fines, penalties or other amounts that may apply pursuant to New Jersey Statutes relating to eviction of tenant of illegal occupancies.
[Ord. No. O-10-01]
This section may be enforced by the City of Bayonne Building Department Inspectors, City of Bayonne Bureau of Fire Prevention Inspectors, City of Bayonne Housing Inspectors and City of Bayonne Health Inspectors together with any other municipal officials authorized to enforce City of Bayonne Ordinances.
[Added 9-18-2024 by Ord. No. O-24-49]
Buildings that have been in violation of this section shall be reinspected on a basis determined by the Fire Official over the next two calendar years after the initial violation. Notice of the reinspections shall be posted on the initial notice of violation given. The reinspections shall be unannounced, non-scheduled inspections. The owner of the premises may be contacted by an inspector and access shall be granted upon the request of the inspector. If the owner refuses the inspector's request for access to the property, the owner shall receive a recurring notice of violation of an illegal dwelling with the appropriate fines.
[Ord. No. O-10-02]
The City of Bayonne finds that in pursuit of the health, safety and welfare of the citizens of the City, tenants who are forced to leave their homes due to an illegal occupancy must be entitled to relocation assistance from their landlords.
The City of Bayonne currently does not have an ordinance requiring property owners-landlords to pay for relocation assistance for tenants who are forced to vacate their homes due to illegal occupancy.
[Ord. No. O-10-02]
a.
Any tenant who receives a notice of eviction pursuant to N.J.S.A. 2A:18-61.2 or who otherwise receives written notice from the City of Bayonne Construction Official, Fire Official, Health Director or City Engineer that the dwelling unit is an illegal occupancy and must be vacated, and said notice results from zoning or code enforcement activity for an illegal occupancy that the landlord must correct, pursuant to N.J.S.A. 28-61.1(g), and as a result of being cited by local or State housing inspectors or zoning officers or any by any City Official having enforcement authority and it is unfeasible to correct such illegal occupancy without removing the tenant, said tenant shall be considered a "displaced person" and shall be entitled to relocation assistance in an amount equal to six times the monthly rent paid by the displaced person. The owner-landlord of this structure shall be liable for the payment of relocation assistance pursuant to this section.
b.
In the event that owner-landlord fails to make payment to the displaced person pursuant to this section, the City, upon a showing of adequate proofs to be provided by the tenant and in its sole and absolute discretion taking into consideration all relevant factors, may pay relocation assistance to any displaced person who has not received the required payment from the owner-landlord of the structure at the time of eviction from the City's Relocation Assistance Fund. The amount paid by the City to the tenant from the City's Relocation Assistance Fund shall not exceed any amount that may be due from the landlord pursuant to subsection 15-9.2a of this section.
c.
All relocation assistance costs incurred by a municipality pursuant to this section shall be repaid by the owner-landlord of the structure to the municipality in the same manner as relocation costs are billed pursuant to N.J.S.A. 20:4-4.1 and 4.2 and must be paid by the owner-landlord within 10 days after the mailing of such written demand for reimbursement of any funds expended by the City of Bayonne pursuant to this section. If timely payment is not made by the owner-landlord, the City of Bayonne shall be entitled to recover the reasonable cost of its attorney's fees and costs incurred by the City of Bayonne to enforce this section.
d.
All repayments shall be deposited into the City's Relocation Assistance Fund.
e.
The City may, after a hearing, impose upon the owner-landlord, for a second or subsequent violation for an illegal occupancy, a fine equal to the annual tuition cost of any resident of the illegally occupied unit attending a public school, which fine shall be recovered in a civil action by a summary proceeding in the name of the City, pursuant to N.J.S.A. 2A:58-10 et seq.
f.
The Municipal Court and the Superior Court shall have jurisdiction of proceedings for the enforcement of the penalties provided by this section, pursuant to N.J.S.A. 2A:18-61.1(g).
[1]
Editor's Note: The power to adopt a Housing Code by reference is contained in N.J.S.A. 40:49-5.1 et seq.
[1972 Code § 13-1]
It is hereby found and declared that there exist in the City structures used for residential and nonresidential purposes which are, or may become in the future, substandard with respect to structure, equipment maintenance, or further that such conditions together with inadequate light and air, insufficient protection against hazards, lack of proper heating, unsanitary conditions, overcrowding, structural deterioration, lack of maintenance and appearance of exterior of premises, infestation, lack of essential plumbing, storage or refrigeration equipment, lack of maintenance of upkeep of essential utilities and facilities, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the City. It is further found and declared that by reason of lack of maintenance and progressive deterioration, certain properties have the further effect of creating blighting conditions and initiating slums and that if the same are not curtailed and removed, the conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that by reason of timely regulations and restrictions as herein contained, the growth of slums and blight may be prevented and the neighborhood and property values thereby maintained, the desirability and amenities of residential and nonresidential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered.
[1972 Code § 13-2.1]
A Code establishing standards for use as a guide in determining whether dwellings in the City of Bayonne are safe, sanitary and fit for human habitation and rental, is hereby established pursuant to N.J.S.A. 40:49-5.1. The title of the Code shall be the Housing Code of the City of Bayonne as adopted by ordinance on July 26, 1961 and all amendments and supplements thereto.
[1972 Code § 13-2.2]
Ten copies of the Housing Code of the City of Bayonne have been placed on file in the office of the City Clerk for the use, examination and information of the public.
[1972 Code § 13-2.23]
Every portion of a building or premises used or intended to be used for any dwelling purpose, except temporary housing, shall comply with the provisions of the Housing Code irrespective of when such building shall have been constructed, altered or repaired. The Code establishes minimum standards for the initial and continued occupancy of all buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of building equipment or facilities except as provided in subsection 15-14.1 of this chapter.
[1972 Code § 13-2.4]
The Housing Code is amended as follows:
Section 5. Certificate of Necessity to Require Adjacent Owner to Permit Access for Purpose of Repair; Bond to be Furnished: |
(A) Procedure to Secure Certificate of Necessity. Any owner who, on his own initiative or pursuant to an order or directive of any public authority desires to take preventive maintenance measures, such as to paint, repair or install siding of any type, including windows, or make any repairs or improvements of any nature, is unable to accomplish same without having access to adjacent property may, where such access has been denied him, apply to the Public Officer for a certificate of necessity. The owner shall make application by filing an affidavit certifying the need for access and the refusal of the adjacent owner to permit access. Where the owner makes the application within 10 days of denial of access by the adjacent owner, a public authority may, upon showing of good faith, grant an extension of time to comply with the order sufficient to permit the owner to secure a certificate of necessity as provided herein. The Public Officer shall then order the adjoining owner to appear before him or his designated agent on a fixed day and at a fixed time and place to show cause why an order should not be issued by him to the adjoining owner directing him to permit the requested access for the purpose herein stated. The order shall be served personally on such owner or by leaving a copy thereof at his place of residence with a member of the family over the age of 14 years, in which order the required appearance shall be not less than 10 days from the date of such service. If service of the order to show cause cannot be made as above directed, then it may be effected by certified or registered mail addressed to the place of residence of such owner, in which case the required appearance shall be not less than 15 days from date of mailing. If the residence of such owner cannot, after due diligence, be ascertained and an affidavit to that effect shall be made by the head of the Code Enforcement Agency, then the serving of such order to show cause upon such owner may be made by publishing the same once in a newspaper published in the City, in which case the order shall extend the appearance for a period of not less than 35 nor more than 60 days from the date of publication of the order. Proof of publication of such order, together with a copy of the order, shall be filed in the office of the head of the Code Enforcement Agency. A copy of any order served by publication or certified or registered mail shall be posted in a conspicuous place on the exterior of the premises affected by the order on or before the date of publication. The order to show cause shall apprise such owner of the reason for the requested appearance before the Public Officer. |
Section 2.8(B) Interior. |
(1) Interior painting, plastering and papering sidewalls, window frames, doors and other woodwork, and ceilings of every habitable room, bathrooms, laundries, foyer, halls, corridors, closets and compartments within a dwelling shall be kept sufficiently painted, plastered, papered or otherwise maintained in a state of sound repair and sanitary condition. PAINT USED ON INTERIOR SURFACES SHALL BE INTERIOR PAINT. INTERIOR PAINT SHALL CONTAIN NOT MORE THAN 1% LEAD. THE USE OF ANY OTHER PAINT IS HEREBY PROHIBITED. |
Interior walls, ceilings and other exposed surfaces on the interior of units of dwelling spaces shall be kept smooth, clean, free of flaking, loose or peeling paint, plaster or paper, and capable of being maintained free of visible foreign matter, vermin and in a sanitary condition. Where necessary to accomplish the foregoing or any part thereof, by reason of the nature of the surface material, such interior walls shall be painted, papered, plastered or otherwise provided with a protective coating by the owner of said premises. |
Section 2-1. |
Exterior property areas and abutting sidewalks shall be free from conditions which might create a health, accident or fire hazard. |
[1972 Code § 13-9.1]
Any structure having any of the following defects may be designated by the head of the Enforcement Agency as unfit for human occupancy and may be so placarded.
a.
The structure lacks illumination, ventilation, sanitation, heat or other facilities adequate to protect the health and safety of the occupants or the public.
b.
The structure is damaged, decayed, dilapidated, unsanitary, unsafe or vermin-infested in such a manner as to create a serious hazard to the health and safety of the occupants or the public.
c.
The structure because of the location, general conditions, state of the premises, or number of occupants is so unsanitary, unsafe, overcrowded or otherwise detrimental to health and safety that it creates a serious hazard to the occupants or the public.
d.
The structure is unfit because of the failure of the owner or occupant to comply with such notices or orders issued pursuant of this section.
Whenever the head of the Enforcement Agency determines that a structure is unfit, he shall include such findings within the notice of violation and he shall also include a statement of his intent to vacate and placard the premises if compliance with the provisions of the notice of violation has not been secured. |
[1972 Code § 13-9.2]
b.
Any structure designated as unfit pursuant to subsection 15-11.1 and ordered vacated as provided in paragraph a above shall be vacated within such reasonable time as the head of the Enforcement Agency may specify in the order. No structure shall again be used and the placard removed until written approval is secured from the head of the Enforcement Agency.
c.
No person shall deface or remove the placard from any structure which has been designated as unfit except as provided above.
[1972 Code § 13-9.3]
The owner, agent or operator of any structure which has been designated as unfit and vacated shall make such structure safe and secure in whatever manner the head of the Enforcement Agency shall deem necessary. Any vacant building open at the door and windows, if unguarded, shall be deemed dangerous to human life and a nuisance within the meaning of this provision.
[1972 Code § 13-10]
The foundation walls of every structure used for human habitation shall be maintained in good repair and be structurally sound. The stairs, porches, and railings affixed to the exterior of every structure used for human habitation shall be kept in good repair and structurally sound. Railings shall be provided for stairs and balconies, for porches and accessible roofs, and for light and air shafts.
Every structure used for human habitation shall be so maintained that it will be weather and watertight. Exterior wood and metal surfaces shall be adequately protected against deterioration through the periodic application of paint or other protective coatings.
[1972 Code § 13-12.1]
Whenever a notice or order to remove a violation, or secure vacate or demolish a building has not been complied with and such failure to comply is deemed by the head of the Enforcement Agency to constitute a nuisance, he may proceed to cause the structure to be demolished, repaired, altered, secured or vacated or cause such other action to be taken as is necessary to abate the nuisance. Whenever the head of the Enforcement Agency determines that a nuisance exists, he shall record sufficient proof to support his determination and the owner, occupant, lessee or mortgagee shall be notified of such finding pursuant to Section 15-18. Abatement authorized by this section shall not commence until at least 10 days after service of the notice.
[1972 § 13-12.2]
The expenses incurred pursuant to subsection 15-13.1 shall be paid by the owner or occupant of the premises or by the person who caused or maintained such nuisance or other matter. The Enforcement Agency shall file among its records an affidavit stating with fairness and accuracy the items of expense and the date of execution of actions authorized by subsection 15-13.1. The head of the Enforcement Agency may institute a suit to recover such expenses against any person liable for such expenses or may cause the expenses to be charged against the property as a lien. Except with respect to a lien imposed for expenses incurred in demolition, nothing herein shall be construed as placing a lien upon the property which supersedes the lien of any bona fide mortgage on such property executed and recorded prior to the existence of a lien herein authorized.
[1972 Code § 13-13.1]
a.
In any case where a provision of this chapter is found to be in conflict with a provision of any zoning, building, electrical, plumbing, fire safety or health ordinances, or any regulation adopted pursuant thereto, or any other ordinances, code or regulation of the City, the provision which establishes the highest standard shall prevail.
b.
All Departments, officials and employees of the City who have the duty or authority to issue permits or licenses in regard to the construction, installation, repair, use or occupancy of equipment or facilities, shall conform to the provisions of this chapter and no such permit or license shall be issued if such would be in conflict with this chapter, except as provided in paragraph a above.
[1972 Code § 13-13.2]
Nothing in this chapter shall be deemed to abolish or impair existing remedies of the City or its officers or agencies relating to the removal or demolition of any building which is deemed to be dangerous, unsafe or unsanitary.
[1972 Code § 13-13.3]
No owner of any building, dwelling or premises upon whom any notice or order pursuant to this chapter has been served shall sell, transfer, grant, mortgage, lease or otherwise dispose of such property to another until compliance of the provisions of the notice or order has been secured; or until the owner shall furnish to the purchaser, transferee, grantee, mortgagee or lessee, a true copy of the notice or order and, at the same time, give adequate notification to the head of the Enforcement Agency of his intent to sell, transfer, grant, mortgage or lease and supply the name and address of the person to whom the sale, transfer, grant, mortgage or lease is proposed. A purchaser, transferee, grantee, mortgagee or lessee who has been informed of the existence of any notice or order issued pursuant to this code, shall be bound thereby.
Where a structure containing dwelling units is found to be substandard in accordance with this Code, and at the time of the violations there are vacant dwelling units, the vacant units shall not be rented by the owner until all violations have been abated.
[1972 Code § 13-13.4; Ord. No. O-09-28 § 2]
No officer, agent or employee of the City shall render himself personally liable for any damage that may occur to persons or property as a result of any act required or permitted in the discharge of his duties under this chapter. Any suit brought against any officer, agent or employee of the City as a result of any act required or permitted in the discharge of his duties under this chapter shall be defended by the Corporation Counsel until the final determination of the proceedings.
[1972 Code § 13-13.5; Ord. No. O-09-28 § 2]
The Corporation Counsel shall, upon complaint of the head of the Enforcement Agency or upon his own motion, institute appropriate action to restrain, prevent, enjoin, abate, correct or remove the violation and to take such other legal action as is necessary to carry out the terms and provisions of this chapter. The remedies provided for shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law and all remedies may be pursued concurrently or consecutively and the pursuit of any remedy shall not be construed as an election or the waiver of the right to pursue any and all of the others.
[1972 Code § 13-13.6]
In connection with the preparation of any notice or order issued under this chapter or in connection with any decision upon a hearing as herein provided, the head of the Enforcement Agency is authorized to request the advice, assistance and cooperation of any other official or employee of the City whose duties may pertain to the subject matter of this chapter.
[1972 Code § 13-14]
The head of the Enforcement Agency is authorized to make and adopt such written rules and regulations as may be necessary for the proper enforcement and interpretation of this chapter and to secure the intent thereof. Such rules and regulations shall not be in conflict with the provisions of this chapter or any other ordinance. Such rules and regulations shall have the same force and effect as the provisions of this chapter and the penalty for violation shall be the same as the penalty for violation of the provisions of this chapter. The rules and regulations shall be submitted to the Municipal Council by the head of the Enforcement Agency. Failure of the Municipal Council to approve, reject or modify the rules and regulations within 30 days after submission shall be deemed to constitute approval. The rules and regulations as approved by the Municipal Council shall be on file and available as a public record.
[Ord. No. O-00-57 § 13-4.1]
The Code Enforcement Agency for the Provisions of the Housing Code shall be the City Engineer.
[Ord. No. O-00-57 § 13-4.2]
The Code Enforcement Agency or other authorized municipal personnel shall make surveys in any area of the City to determine the general condition of structures used for human habitation, the extent of deterioration, lack of facilities and maintenance, unsafe and unsanitary conditions, extent of overcrowding land use, and other relevant factors.
[1972 Code § 13-4.3]
The head of the inspection agencies shall be authorized to make or cause to be made inspections to determine the condition of premises in order to safeguard the health, safety, morals and welfare of the public. The head of the Code Enforcement Agency, or his designated representatives, shall be authorized to enter any premises at any reasonable time during business hours, or at such other time as may be necessary in an emergency, for the purpose of performing his duties under this chapter.
[1972 Code § 13-4.4]
The Housing Inspection Bureau shall be authorized to provide a special housing inspection service which shall be furnished upon the written request of the applicant for the purpose of aiding in determining the physical condition of dwellings in the City. The inspection shall consist of visual examination only and shall not be used as a basis for determining the value of such premises. The written report of the inspection shall not be construed or determined as a guarantee or warranty of the inspected dwelling.
The fee schedule shall be as follows:
a.
Fee shall be computed on a basis of $30 per structure for common areas, plus $10 per dwelling unit for initial inspections or revisit. Reinspection shall require the payment of an additional fee of $20 per structure, plus $5 per dwelling unit.
b.
The minimum fee shall be $20 for any inspection or visit.
c.
The above rates shall also prevail for verification of work accomplished and certified as completed to such agencies as the Rent Leveling Board, etc.
[1972 Code § 13-4.5]
The owner, tenant, operator, agent or occupant of every dwelling, building or premises shall give authorized personnel access to the premises for the purpose of inspections at any reasonable time during business hours, or at such other times as may be necessary in an emergency.
Inspectors and authorized personnel of respective agencies shall be supplied with official identification and, on request, shall exhibit such identification when entering any premises or dwelling.
[1972 Code § 13-5]
The Enforcement Agency or its officers, agents, employees, may, upon affidavit, apply to the Municipal Judge for a search warrant setting forth the conditions and circumstances that provide reasonable grounds for believing that a violation of this chapter exists on the premises. If the Judge is satisfied as to the matters set forth in the affidavit, he shall issue a search warrant permitting access for an inspection of that part of the premises upon which the violation may exist.
[1972 Code § 13-6; Ord. No. O-14-24]
Whenever the Enforcement Agency determines that there has been a violation or that there are reasonable grounds to believe that there has been a violation of any provision of this chapter or any rule or regulation adopted pursuant thereto, he shall give notice of such violation to the person responsible for such violation. The notice shall be in writing, shall specify the alleged violation, shall provide a reasonable time for compliance and shall be served on the owner, agent, operator, occupant or tenant as the case may require. Such notice shall be deemed to be properly served if a copy is served personally or if a copy thereof is sent by registered mail, return receipt requested, to the last known address of such person as listed on the tax records. In the event that the records indicate mailing of bills to a person other than the owner, mailing to such person shall be deemed notice to the owner if no address is shown for the owner on the records or if a copy is posted in a conspicuous place in or about the building affected by the notice, and if a copy is mailed by registered mail on the same day it is posted, to the owner, agent, operator, tenant or occupant; or by such other methods authorized by the laws of the State of New Jersey. The notice shall inform the person to whom it is directed of his right to apply for a hearing before the Hudson County Construction Board of Appeals pursuant to N.J.S.A. 52:27D-127. Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this section and with rules and regulations adopted pursuant thereto.
Any notice of violation as provided above shall automatically become a final order if written request for a hearing is not filed within five days after receipt of the notice. A copy of the order shall be served as provided above.
[Ord. No. O-14-24]
Pursuant to N.J.S.A. 52:27D-127, the Hudson County Construction Board of Appeals shall hear appeals from decisions by the enforcing agency under this chapter.
[1972 Code § 13-7.1]
At the end of the period specified in the notice of violation, or any extension thereof, it shall be the duty of the head of the Enforcement Agency to make or cause to be made a reinspection of the premises and if compliance has not been established, to institute appropriate legal action as specified in subsection 15-14.5 of this chapter. Additional notices of violation shall not be required.
[1972 Code § 13-7.2]
The head of the Enforcement Agency may extend the compliance time specified in any notice or order issued under the provisions of this chapter where there is evidence of intent to comply within the period specified, provided that reasonable conditions exist which prevent immediate compliance.
[1972 Code § 13-7.3]
Whenever a notice or order has been issued for any infraction of this chapter, the head of the Enforcement Agency may file a copy of the notice or order in the Office of the City Clerk. The recording shall constitute appropriate information of the notice or order to any subsequent purchaser, transferee, grantee, mortgagee or lessee of the property affected thereby.
[1972 Code § 13-8]
Whenever it is determined at any stage of the proceedings instituted under the provisions of this chapter that a violation exists which requires immediate action to abate a direct hazard, or immediate danger to the health, safety, morals or welfare of the occupants of a building or of the public, the head of the Enforcement Agency may, without prior notice or hearing, issue an order citing the violation and directing that such action be taken as is necessary to remove or abate the hazard or danger. The order may include an order to vacate as provided in Section 15-11. Notwithstanding any other provision of this chapter, such an order shall be effective immediately on service and shall be complied with immediately or as otherwise provided.
Should such violation not be corrected in the time specified by the order issued pursuant to this section, the head of the Enforcement Agency may take such direct action as is necessary to abate the hazard or danger. Expenses incurred in the execution of such orders shall be recovered as provided in Section 15-13 of this chapter.