[Amended 4-2-2024 by Ord. No. 15-2024]
The Bureau of Permits and Inspections is hereby created. The
Construction Official shall be the supervisor in charge of all construction
subcode officials and any other City employee who may be assigned
to the Construction Official by the Director of Public Affairs or
the business manager of his Department.
The following officials are assigned to the Bureau, and they
shall perform the functions authorized by their title and job description:
Construction Official, Building Subcode Official, Electrical Subcode
Official, Fire Subcode Official, Plumbing Subcode Official, Director
of Inspections, Building Inspector, Electrical Inspector, Elevator
Inspector or designated entity, Housing Inspector, Plumbing Inspector,
Sanitary Inspector and Zoning Officer.
The Bureau of Permits and Inspections is responsible for enforcing
the provisions of this chapter. The Bureau shall have those powers
and duties which are necessary to carry out the purpose and intent
of the provisions of this chapter, including, but not limited to,
the following enumerated powers and duties:
A.
The Construction Official is hereby designated as the public officer
with those powers and responsibilities set forth in these ordinances,
under the authority granted by N.J.S.A. 40:48-2.5 and 2.9 and N.J.S.A.
55:19-78 et seq.
B.
The public officer shall maintain official records for all activities
and the business of the Bureau regulated by this chapter.
C.
The code officials and inspectors shall investigate the various lands
and structures within the municipality to determine which lands and
structures have conditions or uses which are regulated by this chapter.
D.
The code officials and inspectors shall inspect those lands and structures
which are regulated by this chapter to ensure compliance with the
regulations contained herein.
E.
Whenever the enforcement of the regulations contained herein requires
inspections by more than one code official or inspector, the code
officials and inspectors shall coordinate their inspections, to the
extent practicable, so that the owners or occupants are not subjected
to multiple inspections or conflicting orders.
F.
The code officials and inspectors may seek consent from property
owners or tenants, as appropriate in each case, to enter the premises
and structures of any properties regulated by this chapter at reasonable
times in the course of carrying out their responsibilities to inspect
those premises or structures. If entry is refused, or not obtained,
the code official or inspector is authorized to pursue and secure
an order to authorize entry from the municipal court, or any other
court of competent jurisdiction.
G.
The code officials and inspectors shall carry a City employee identification
card during the performance of their duties.
H.
The code officials and inspectors shall issue notices of violations
and orders for compliance to ensure the regulations contained herein
are enforced.
A.
The term "person" or "person responsible" shall mean the owner of
the property and the tenant in possession, whether it is a natural
person, corporation, limited liability company (LLC), partnership,
or other legal entity. If the property is abandoned, the first mortgage
holder, if any, shall also be a "person responsible" in addition to
the owner.
B.
Whenever a code official or inspector has reasonable grounds to believe
that there is a violation of the regulations contained herein, a notice
of violation and an order for compliance shall be issued to the persons
responsible.
C.
The notice of violation and order for compliance shall:
(1)
Be in writing;
(2)
Include a description of the lands or premises sufficient for identification
of the property;
(3)
Include a statement of the violations;
(4)
Include an order for compliance setting forth a reasonable time to
correct the violations; and
(5)
Include a statement, if applicable, that the municipality has the
right to correct the violation at its expense and assess the cost
against the property or, to the extent permitted by law, against any
other asset of the owner as provided in N.J.S.A. 55:19-100 if the
person responsible fails to act within the time specified in the order.
D.
The notice of violation and order for compliance shall be served
in the manner specified in this chapter depending on the nature of
the violation alleged, but if not otherwise specified, the notice
shall be deemed to be properly served if a copy thereof is:
(1)
Delivered personally to the person responsible, or his/her spouse,
agent, power of attorney or person aged 14 years or older residing
in the residence of the person responsible;
(2)
Mailed by regular mail and certified mail, return receipt requested,
to the last known address of the person responsible; or
(3)
Posted in a conspicuous place on the lands or structure affected
by the notice and order.
A.
Any person aggrieved by a notice of violation and order for compliance
issued by a code official or inspector under this chapter shall have
the right to appeal to the municipal court.
B.
Written application for appeal shall be filed with the clerk of the
municipal court within 10 days after the receipt of the notice of
violation and order for compliance. If the notice of violation and
order for compliance requires compliance within a lesser time period,
then the notice of violation and order for compliance shall specify
such lesser time period and the application for appeal shall be filed
within the lesser time period.
C.
A written application for appeal must be based on a claim that the
violation was issued in error, the true intent of the regulation allegedly
violated has been incorrectly interpreted, or that the regulation
does not apply.
A.
The failure to comply with an order within the time specified therein,
after service of the notice of violation and order for compliance,
is a strict liability offense under these regulations.
B.
Any person failing to comply with an order for compliance within
the time specified therein shall be prosecuted in the Municipal Court.
C.
When the property that is subject to a notice of violation and order
for compliance under this chapter poses a significant risk to public
health or public safety and the person responsible has failed to comply
with the order for compliance within the time period specified, the
public officer is authorized, but not required, to correct the condition.
Any costs incurred by the municipality to correct the condition shall
be assessed as a lien against the subject property or, to the extent
permitted by law, against any other asset of the owner as provided
in N.J.S.A. 55:19-100D. The total cost incurred, including an administrative
fee of $250 for a first offense, and $500 for each subsequent offense,
shall be certified by the public officer to the City Clerk and to
the Municipal Tax Collector, who shall record the certification forthwith.
Thereafter, the governing body of the municipality may adopt a resolution
affirming the assessment of the lien against the subject property
and, if adopted, the City Clerk shall file a copy of the resolution
with the Municipal Tax Collector who shall record it and collect the
moneys owed in the same manner as property taxes are assessed and
collected.
