[HISTORY: Adopted by the Mayor and Council
of the Borough of Oradell 12-30-1983 by Ord. No. 746; amended in its entirety 2-18-1986 by Ord. No.
746A. Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 95.
This chapter shall apply to all persons, the
term "persons" to mean partnerships, corporations or other entities
who shall undertake any services in the Borough of Oradell for a fee,
the purpose of which is to add or remove rooms, dormers or other structures
or to improve, modernize or modify existing rooms or structures or
to install, resurface or improve driveways or sidewalks, perform landscape
gardening or any improvements, provided that such work shall apply
to any premises in the Borough of Oradell where persons reside, provided
that the persons offering the service shall not be otherwise licensed
by the State of New Jersey.
Any person to whom this chapter applies, as set forth in § 100-1 above, shall, prior to commencing any work or service in the Borough of Oradell, make application to the Construction Code Official to register for performing work or services. The failure to register and have the application approved prior to commencement of work or performance of services shall constitute a violation of this chapter.
All applications shall be submitted, in writing,
upon the forms provided by the Construction Code Official.
All registrations approved pursuant to this
chapter shall expire one year after the date of registrations; provided,
however, that such registration may be renewed annually upon payment
of the fee hereinafter set forth.
[Amended 12-20-1988 by Ord. No. 837]
Fees shall be as indicated in Chapter 115, Fees.
The following shall constitute the sole grounds
for which the Construction Code Official may revoke an approved registration
or deny an initial registration or the renewal thereof:
A.
Failure to carry worker's compensation insurance when
required;
B.
Failure to comply with construction standards required
by state laws or regulations or local ordinance or codes after having
been given a notice to cure such noncompliance and after the person's
having failed to effect compliance without just cause;
C.
Failure to comply with the lawful instructions of
the Construction Code Official regarding:
(1)
Site safety;
(2)
Altering plans submitted for the obtaining of the
building permit without first receiving the approval of the Construction
Code Official;
(3)
Failure to obtain a permit where required; or
(4)
Owner or resident complaint for unworkmanlike or unsafe
services, which complaint has been personally verified by the Construction
Code Official or his deputy; or
D.
The applicant has had a license or registration revoked
by any municipality in the State of New Jersey for any cause other
than failure to pay licensing or registration fees.
In the event that the Construction Code Official
has revoked or denied registration to an applicant or has refused
to renew such registration upon submission of the required fee, the
aggrieved person may appeal such denial, in writing, to the Borough
Council. Upon such appeal, the following steps shall be taken:
A.
Upon receipt of the written appeal, the Borough Clerk
shall set a date for the Borough Council to hear such appeal. This
date may be adjourned for a reasonable time at the request of the
Borough Council or the person.
B.
At the time, date and place set for the hearing, the
Borough Council shall conduct an inquiry into the reasons for the
denial by the Construction Code Official and shall hear the person
as to why such denial was unreasonable or improper. At the hearing,
the person shall be entitled to call witnesses and to be represented
by counsel.
C.
At the conclusion of the hearing, the person and the
Construction Code Official shall be dismissed from the hearing room,
and the Borough Council shall immediately determine whether or not
the denial of the registration was proper under the circumstances
and, if determined to be improper, the Council shall direct the Construction
Code Official to permit the registration. If the Council determines
that the registration denial was proper, it shall, in its discretion,
take one of the following actions:
(1)
Uphold the denial without further action.
(2)
If circumstances warrant, permit the registration
conditioned upon the person's adherence to steps imposed by the Borough
Council which are designed to reasonably ensure compliance by the
person with this chapter.
(3)
If circumstances warrant, permit the registration
by the person at such time as any deficiencies which were the grounds
for the denial have been cured. The Council shall set forth the deficiencies
in its ruling.
D.
Within 10 business days of the hearing date, the Council
shall notify the Construction Code Official and the aggrieved person,
in writing, of its determination and any conditions which have been
imposed.
In addition to the enforcement of this chapter,
the Construction Code Official shall ensure the following:
A.
That the information contained in the application
for registration is current.
B.
That the applications are available for inspection
and copying by any interested person.
C.
That notification is made to the owner or resident
of the property on which work is to be done of the failure of the
person to comply with this chapter.
Any person who fails to register and have an
application approved shall, if work is commenced, be subject to a
penalty of a fine of up to $500 or imprisonment for not more than
six months, or both.
