[Editor's Note: See N.J.S.A. 52:27D-119 et seq.]
[1993 Code § 77-1]
a.
Established; Composition. There is hereby established a State Uniform
Construction Code Enforcing Agency, to be known as the "West Caldwell
Uniform Construction Code Enforcing Agency," consisting of a Construction
Official, Building Subcode Official, Plumbing Subcode Official, Electrical
Subcode Official, Fire Protection Subcode Official and such other
subcode officials for such additional subcodes as the Commissioner
of the Department of Community Affairs, State of New Jersey, shall
hereafter adopt as part of the State Uniform Construction Code. The
Construction Official shall be the chief administrator of the Enforcing
Agency.
b.
Each official position created by paragraph a hereof shall be filled
by a person qualified for such position pursuant to P.L. 1975, c.
217, as amended,[1] and N.J.A.C. 5:23, provided that, in lieu of any particular
subcode official, an outside inspection agency may be retained by
contract pursuant to N.J.A.C. 5:23. More than one such official position
may be held by the same person, provided that such person is qualified
pursuant to P.L. 1975, c. 217, and N.J.A.C. 5:23 to hold each such
position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
c.
The public shall have the right to do business with the enforcing
agency at the Township Office location, except for emergencies and
unforseen or unavoidable circumstances.
[1993 Code § 77-2]
[1993 Code § 77-3]
a.
Cooperation of Other Officials. The Construction Official may request
and shall receive, so far as may be necessary in the discharge of
his duties, the assistance and cooperation of other officials of the
township, the Township Engineer, the Police Department and the Fire
Department. He shall receive a report monthly with reference to building
or structural fires from the Fire Chief. He shall also fully cooperate
with all other township officials if and when requested by them.
b.
Right of Entry. The Construction Official, in the discharge of his
duties and upon proper identification, shall have authority to enter
any building, structure or premises at a reasonable hour after obtaining
permission of the owner. If permission is denied and the Construction
Official has reasonable grounds to believe that a violation of this
code or other codes or ordinances under the jurisdiction of the Construction
Official may exist, he shall take such steps as may be necessary to
obtain a search warrant to assist him in the performance of his duties.
[1993 Code § 77-4]
The Construction Official or any employee charged with the enforcement
of the Code, acting in good faith and without malice for the township
in the discharge of his duties, shall not thereby render himself liable
personally, and he is hereby relieved from all personal liability
for any damage that may accrue to persons or property as a result
of any act required or by reason of any act or omission in the discharge
of his duties. Any suit brought against the Construction Official
or employee because of such act or omission performed by him in the
enforcement of any provisions of the Code shall be defended by the
Legal Department of the township until final termination of the proceedings.
[1993 Code § 77-6; New; Ord. No.
1365 §§ 1-6; Ord. No. 1628; Ord.
No. 1663; Ord. No. 1695; Ord. No. 1746]
a.
General.
1.
The fee for plan review, computed as a percentage of the fee for
a construction permit, shall be paid at the time of application for
a permit. The amount of this fee shall then be deducted from the amount
of the fee due for a construction permit, when the permit is issued.
Plan review fees are not refundable.
2.
The fee to be charged for a construction permit will be the sum of
the basic construction fee plus all applicable special fees, such
as elevator or sign fees. The fee shall be paid before a permit is
issued.
3.
The fee to be charged for a certificate of occupancy shall be paid
before a certificate is issued. The fee shall be in addition to the
construction permit fee.
b.
Building Department Fees.
1.
Plan review fee. The fee for plan review shall be 20% of the amount
to be charged for a new construction permit.
2.
Elevator fees shall be those as established by the New Jersey Department
of Community Affairs.
3.
The basic construction permit fee shall be the sum of the parts computed
on the basis of the volume or cost of construction, the number of
plumbing fixtures and pieces of equipment, the number of electrical
fixtures and rating of electrical devices and the number of sprinklers,
standpipes, and detectors (smoke, heat, and any other safety detectors)
at the unit rates provided herein plus any special fees. The minimum
fee for a basic permit covering any or all of building, plumbing,
electrical, or fire protection work shall be $68.
(a)
Building volume or cost. The fees for new construction or alteration
are as follows:
(1)
Fees for new construction shall be based upon the volume of
the structure. Volume shall be computed in accordance with the New
Jersey Uniform Construction Code. The new construction fee shall be
in the amount of $0.040 per cubic foot of volume for buildings and
structures of all use groups and types of construction as classified
and defined in Articles 3 and 4 of the building subcode; except that
the fee shall be $0.029 per cubic foot of volume for use groups F-1,
F-2, S-1 and S-2, and the fee shall be $0.0009 per cubic foot for
structures on farms, including commercial farm buildings under the
New Jersey Uniform Construction Code, with the maximum fee for such
structures on farms not to exceed 1,289.
(2)
Fees for renovations, alterations and repairs or site construction
associated with pre-manufactured construction and the external utility
connection for pre-manufactured construction shall be based upon the
estimated cost of work. The fee for R-3 and R-5 structures shall be
in the amount of $30 per $1,000 of estimated cost for the first $50,000.
From $50,001 to and including $100,000 the additional fee shall be
$30 per $1,000 of estimated cost above $50,000. Above $100,000, the
additional fee shall be in the amount of $23 per $1,000 of estimated
cost above $100,000. The fee for other than R-3 and R-5 structures
shall be $34 per $1,000 of estimated cost. For the purpose of determining
estimated cost, the applicant shall submit to the Construction Official
such cost data as may be available produced by the architect or engineer
of record, or by a recognized estimating firm, or by the contractor.
A bona fide contractor's bid, if available, shall be submitted.
The Construction Official shall make the final decision regarding
estimated cost.
(3)
Fees for additions shall be computed on the same basis as for
new construction for the added portion.
(4)
Fees for combination renovations and additions shall be computed
as the sum of the fees computed separately in accordance with paragraphs
(1) and (2) above.
(5)
The fee for a permit for demolition of a building or structure
shall be $85 for structures of use groups R-3 and R-5 under 5,000
square feet of floor area and under 30 feet high; and $250 for all
other use groups.
(6)
The fee for a permit to construct a sign shall be $1.36 per
square foot of surface area of the sign computed on one side only
for double-faced signs, with a minimum fee of $68.
(7)
The fee for a permit for the removal of a building or structure
from one lot to another or to a new location on the same lot shall
be $23 per $1,000 of the sum of the estimated costs for moving and
for placement in a completed condition in the new location. The fee
for a permit to construct a new foundation shall be determined as
detailed in paragraph b3(a)(1) above.
(i)
When a building or structure is removed and travels
on a public street, a bond of $1,000 shall be posted with the township.
Before any such removal is started, after the moving permit is issued,
the Chief of Police shall be notified and written permission shall
be procured from the Chief before occupancy or encroachment of any
township streets. The time and route shall be designated by the Chief.
(8)
The fee for a permit to install a fuel oil storage tank shall
be $75 for each tank with a capacity up to 999 gallons, $100 for tanks
with a capacity between 1,000 gallons and 1,999 gallons, $150 for
tanks with a capacity between 2,000 gallons and 5,000 gallons, and
$250 for tanks with a capacity in excess of 5,000 gallons.
(9)
The fee for a permit to remove or abandon a fuel oil storage
tank shall be $85 for R-3 and R-5 use groups and $175 for all other
use groups.
(10)
The fee for special or overtime inspections shall be $85 per
hour with a minimum $281 fee.
(11)
The fee for a permit for temporary structures shall be $85.
(12)
The fee for an application for a variation in accordance with
N.J.A.C. 5:2.10 shall be $563 for Class I structures, $225 for Class
II structures, and $89 for Class III residential structures.
(13)
The fee for a permit to erect a fence shall be $68 for R-3 and
R-5 use groups, and $225 for all other use groups.
(14)
The fee for a permit to construct a pool shall be $68 for an
above ground pool. Fees for in ground pools shall be determined as
outlined in paragraph b3(a)(2).
(15)
The fee for roofing or siding shall be $68 for R-3 and R-5 use
groups. The fee for siding for all other use groups shall be determined
as outlined in paragraph b3(a)(2). The fee for roofing for all other
use groups shall be $500.
(16)
The fees for retaining walls shall be as follows:
(i)
The fee for a retaining wall with a surface area
greater than 550 square feet that is associated with a Class 3 residential
structure shall be $175;
(ii)
The fee for a retaining wall with a surface area
of 550 square feet or less that is associated with a Class 3 residential
structure shall be $85;
(iii)
The fee for a newly constructed retaining wall
of any size at other than a Class 3 residential structure shall be
based on the cost of the construction.
(17)
The fee for the annual electrical inspection of swimming pools,
spas or hot tubs shall be $68.
(18)
The fee for asbestos hazard abatement shall be $98.
(19)
The fee for lead hazard abatement work shall be $165.
(b)
Plumbing fixtures and equipment. The fees shall be as follows:
(1)
The fee shall be in the amount of $18 per fixture connected
to the plumbing system for all fixtures and appliances except as listed
in paragraph (b)(2) below.
(2)
The fee shall be $85 per special device for the following: grease
traps, oil separators, refrigeration units, utility service connections,
backflow preventers; equipped with test ports (double check value
assembly, reduced pressure zone and pressure vacuum breaker backflow
preventers), steam boilers, hot water boilers (excluding those for
domestic water heating), active solar systems, sewer pumps and interceptors.
There shall be no inspection fee for gas service entrances.
(c)
Electrical fixtures and devices. The fees shall be as follows:
(1)
For from one to 50 receptacles, fixtures or devices, the fee
shall be in the amount of $68; for each additional block of up to
25 receptacles, fixtures or devices, the fee shall be in the amount
of $12. For the purpose of computing this fee, receptacles, fixtures
or devices shall include lighting fixtures, wall switches, convenience
receptacles, sensors, dimmers, alarm devices, smoke and heat detectors,
communications outlets, light-standards eight feet or less in height
including luminaries, emergency lights, electric signs, exit lights
or similar electric fixtures and devices rated 20 amperes or less
including motors or equipment rated less than one horsepower (hp)
or one kilowatt (kW).
(2)
For each motor or electrical device rated from one hp or one
kW to 10 hp or 10 kW; for each transformer or generator rated from
one kW or one kva to 10 kW or 10 kva; for each replacement of wiring
involving one branch circuit or part thereof; for each storable pool
or hydro massage bath tub; for each underwater lighting fixture; for
household electric cooking equipment rated up to 16 kW, for each fire,
security or burglar alarm control unit; for each receptacle rated
from 30 amperes to 50 amperes; for each light standard greater than
eight feet in height including luminaries; and for each communications
closet, the fee shall be $23.
(3)
For each motor or electrical device rated from greater than
10 hp or 10 kW to 50 hp or 50 kW; for each service equipment, panel
board, switch board, switch gear, motor-control center, or disconnecting
means rated 225 amperes or less; for each transformer or generator
rated from greater than 10 kW or 10 kva to 45 kW or 45 kva; for each
electric sign rated from greater than 20 amperes to 225 amperes including
associated disconnecting means; for each receptacles rated greater
than 50 amperes; and for each utility load management device, the
fee shall be $84.
(4)
For each motor or electrical device rated from greater than
50 hp or 50 kW to 100 hp or 100 kW; for each service equipment, panel
board, switch board, switch gear, motor-control center or disconnecting
means rated from greater than 225 amperes to 1,000 amperes; and for
each transformer or generator rated from greater than 45 kW or 45
kva to 112.5 kW or 112.5 kva, the fee shall be $139.
(5)
For each motor or electrical device rated greater than 100 hp
or 100 kW; for each service equipment, panel board, switch board,
switch gear, motorcontrol center or disconnecting means rated greater
than 1,000 amperes; and for each transformer or generator rated greater
than 112.5 kW or 112.5 kva, the fee shall be $563.
(6)
The fee charged for electrical work for each permanently installed
private swimming pool as defined in the building subcode, spa, hot
tub or fountain shall be a flat fee of $68 which shall include any
required bonding, and associated equipment such as filter pumps, motors,
disconnecting means, switches, required receptacles, and heaters,
etc., excepting panel boards and underwater lighting fixtures. For
public swimming pools, the fee shall be charged on the basis of the
number and rating of electrical devices involved in accordance with
paragraphs (c)(1) through (c)(5) above.
(7)
The fee charged for the installation of single-station and multiple-station
smoke or heat detectors and fire, burglary or security alarm systems
shall be charged on the basis of the number and rating of electrical
devices involved in accordance with paragraphs (c)(1) through (c)(5)
above.
(8)
For installations consisting of multimeter stacks, the fee shall
be based on the ampere rating of the main bus and not the number of
meters or rating of disconnects on the meter stack. Individual load
side panel boards shall be charged in accordance with paragraphs (c)(3)
through (c)(5) above.
(9)
For motors or similar devices requiring concurrent installation
of individual controls, relays and switches, the fee shall be based
only upon the rating of the motor or device. There shall be no additional
fee charged for the concurrent installation of individual circuit
components, for example controllers, starters, and disconnecting means.
(10)
For electrical work requiring replacement of service entrance
conductors or feeder conductors only, the fee shall be based on the
designated ampere rating of the overcurrent device of the service
or feeder as follows:
(11)
The fee charged for process equipment shall be based on the
ampere rating of the overcurrent device protecting the conductor feeding
the process equipment of the cutoff device.
(12)
For the purpose of computing these fees, all electrical and
communication devices, utilization equipment and motors which are
part of premises wiring, except those which are portable plug-in type,
shall be counted.
(d)
Fire protection and other hazardous equipment. The fees for
sprinklers, standpipes, pull stations, visible alarm indicating devices,
audible alarm indicating devices, detectors (smoke, heat, or other
safety detectors), pre-engineered suppression systems, gas and oil
fired appliances not connected to the plumbing system, kitchen exhaust
systems, incinerators and crematoriums shall be as follows:
(1)
The fee for 20 or fewer devices (including but not limited to
suppression system heads or nozzles, pull stations, visible alarm
indicating devices, audible alarm indicating devices, or detectors)
shall be $84; for 21 to and including 100 devices, the fee shall be
$168; for 101 to and including 200 devices, the fee shall be $281;
for 201 to and including 400 devices, the fee shall be $675; for 401
to and including 1,000 devices, the fee shall be $956; for over 1,000
devices, the fee shall be $1,238. In computing fees for independent
suppression or alarm systems, the number of devices shall be counted
separately and a separate permit and accompanying fee shall be charged
for each system.
(2)
The fee for each standpipe shall be $281.
(3)
The fee for each independent pre-engineered system shall be
$225.
(4)
The fee for each gas, oil, or wood fired appliance that is not
connected to the plumbing system shall be $84.
(5)
The fee for each kitchen exhaust system shall be $225.
(e)
The fee for a mechanical inspection shall be $68, plus $18 for
each additional device.
(f)
The fees for an annual construction permit shall be the same
as state annual construction permit fees.
(g)
For cross connections and backflow preventers that are subject
to testing, requiring reinspection annually, the fee shall be $56
for each device when they are tested.
(h)
(i)
The fee for copies of reports or other documents shall be in accordance with subsection 2-31.2 of this Code.
(j)
The fee for copies of photographs will be the cost of development
plus $3.
(l)
State Training Surcharge Fees shall be charged and collected
in accordance with the requirements of the New Jersey Uniform Construction
Code.
c.
Records and Reports. The Construction Official shall keep a record
of permits issued and complaints received. The Construction Official
shall also, at the regular meeting of the Township Council, make a
report of all permits issued for the erection and alteration of buildings
during the previous month, together with the estimated cost of such
work and the fees received for the same.
d.
Biannual Report of Fees. The Construction Official shall, with the
advice and consent of the subcode officials, prepare and submit a
biannual report to the Mayor and Council. Such report shall recommend
a fee schedule based on the operating expenses of the agency and any
other expenses of the municipality fairly attributable to the enforcement
of the New Jersey Uniform Construction Code.
[1993 Code § 120-1]
In accordance with the provisions of N.J.S.A. 40:49-5.1, the
New Jersey State Housing Code, as approved by the Departments of Health
and Conservation and Economic Development and filed in the Secretary
of State's office on January 31, 1962, is hereby adopted as a
standard governing supplied utilities and facilities and other physical
things and conditions essential to making dwellings safe, sanitary
and fit for human habitation, occupancy or use and governing the condition
of dwellings. A copy of the New Jersey State Housing Code is attached
to and made a part of this section without the text being included
herein.
[1993 Code § 120-2]
Three copies of the New Jersey State Housing Code have been
placed on file in the office of the Township Clerk/Administrator and
will remain on file there for the use and examination of the public.
[1993 Code § 120-3]
The administrative and enforcing authority for the provisions
of this chapter shall be the Construction Official.
[1993 Code § 120-4]
This section shall constitute the standards to guide the Construction
Official in determining the fitness of any dwelling, dwelling unit,
rooming unit or premises for human habitation, use or occupancy.
[1993 Code § 120-5]
The Construction Official may make rules and regulations which
interpret or amplify any provision of this section or for the purpose
of making the provisions of this section more effective. No regulation,
however, shall be inconsistent with or alter or amend any provision
of this section, and no regulation shall impose any requirement which
is in addition to or greater than the requirements that are expressly
or by implication imposed by any provision of this section. Rules
and regulations shall be subject to the same penalty as other violations
of this section.
[1993 Code § 120-6]
The Construction Official or his agents or employees shall make
inspections to determine the condition of dwellings, dwelling units,
rooming units and premises located within the township. For the purpose
of making inspections, the Construction Official or his agents are
authorized to enter and examine any dwelling, dwelling unit, rooming
unit or premises at such reasonable hours as the circumstances of
the case permit. This subsection shall not be construed to prohibit
the entry of the Construction Official or his agents at any time when
an actual emergency exists which tends to create a danger to public
health or safety or at any time when an inspection is requested by
an owner or occupant.
[1993 Code § 120-7]
Upon presentation of proper identification, the owner, occupant
or person in charge of a dwelling, dwelling unit or rooming unit shall
give the Construction Official or his agents free access to the premises
for the purpose of inspection or of making any repairs or alterations
which are necessary to effect compliance with this chapter.
[1993 Code § 120-8]
The Construction Official or his agents may, upon affidavit,
apply to the Judge of the Municipal Court of the township for a search
warrant setting forth factually the actual conditions and circumstances
that provide a reasonable basis for believing that a nuisance or violation
of this section exists on the premises, and if the Municipal Judge
is satisfied as to the matter set forth in the affidavit, he shall
authorize the issuance of a search warrant permitting access to and
inspection of that part of the premises on which the nuisance or violation
may exist.
[1993 Code § 120-9]
Whenever the Construction Official determines that there are
reasonable grounds to believe that there has been a violation of any
provision of this section or of any rule or regulation adopted pursuant
thereto, he shall give notice of the alleged violation to the person
responsible therefor as hereinafter provided. The notice shall:
a.
Be put in writing.
b.
Include a statement of the reasons why it is being issued.
c.
Allow a reasonable time for the performance of any act it requires.
d.
Be served upon the owner or his agent or the occupant, as the case
may require, provided that notice shall be deemed to be properly served
upon such owner or agent or upon such occupant if a copy thereof is
served upon him personally or if a copy thereof is sent by certified
mail to his last known address or if a copy thereof is posted in a
conspicuous place in or about the dwelling affected by the notice
or if he is served with such notice by any other method authorized
or required under the laws of this state. The 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.
[1993 Code § 120-10]
a.
Any person affected by any notice which has been issued in connection
with the enforcement of any provisions of this section or of any rule
or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Construction Official, provided
that such person shall file in the office of the Construction Official
a written petition requesting a hearing and setting forth a brief
statement of the grounds therefor within 10 days after the day the
notice is served.
b.
Upon receipt of the petition, the Construction Official shall set
a time and place for the hearing and shall give the petitioner written
notice thereof.
c.
At the hearing the petitioner shall be given an opportunity to be
heard and to show why the notice should be modified or withdrawn.
The hearing shall be commenced not later than 10 days after the day
on which the petition is filed, provided that, upon application of
the petitioner, the Construction Official may postpone the date of
the hearing for a reasonable time beyond the ten-day period if, in
his judgment, the petitioner has submitted a good and sufficient reason
for the postponement.
d.
After the hearing the Construction Official shall sustain, modify
or withdraw the notice, depending upon his findings as to whether
the provisions of this section and the rules and regulations adopted
pursuant thereto have been complied with. If the Construction Official
sustains or modifies the notice, it shall be deemed to be an order.
Any notice served pursuant to this section shall automatically become
an order if a written petition for a hearing is not filed in the office
of the Construction Official within 10 days after the notice is served.
e.
The proceedings at the hearings, including the findings and the decision
of the Construction Official, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the Construction
Official. The record shall also include a copy of every notice or
order issued in connection with the matter.
f.
Any person aggrieved by the decision of the Construction Official
may seek relief therefrom in any court of competent jurisdiction,
as provided by the laws of the state.
g.
Whenever the Construction Official finds that an emergency exists
which requires immediate action to protect public health or safety,
he may, without notice or hearing, issue an order reciting the existence
of such an emergency and requiring that such action be taken as he
deems necessary to meet the emergency. Notwithstanding the other provisions
of this section, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately
but upon petition to the Construction Official, shall be afforded
a hearing as soon as possible. After such hearing, depending upon
his findings as to whether the provisions of this section and of the
rules and regulations adopted pursuant thereto have been complied
with, the Construction Official shall continue such order in effect
or modify it or revoke it.
[1993 Code § 120-11]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean any building, structure or part thereof, whether
used for human habitation or otherwise, and includes any outhouses
and appurtenances belonging thereto or usually used therewith.
Shall mean the holder of the title in fee simple.
Shall mean all individuals, associations and corporations
who have interests of record in a dwelling and any who are in possession
thereof.
Shall mean any housing authority or any officer who is in
charge of any department or branch of the government of the Township
of West Caldwell relating to health, fire, building regulations or
to other activities concerning dwellings in the township.
[1993 Code § 120-12]
Whenever a petition is filed with the Construction Official
by a public authority as defined in N.J.S.A. 40:48-2.4 or by at least
five residents of the township charging that any building is unfit
for human habitation as defined in the Housing Code or is otherwise
so old, dilapidated or has become so out of repair to be dangerous,
unsafe or unsanitary or whenever it appears to the Construction Official
on his own motion that any building is in such condition, he 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 Construction
Official at a place therein fixed not less than 10 days nor more than
30 days after the serving of the complaint; that 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 time
and place fixed in the complaints; and that the rules of evidence
prevailing in courts of law or equity shall not be controlling in
hearings before the Construction Official.
[1993 Code § 120-13]
a.
If, after notice and hearing, the Construction Official determines
that the building under consideration is unfit for human habitation
as defined in the Housing Code, 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
requiring:
1.
The repair, alteration or improvement of the building to be made
by the owner, within a reasonable time, which shall be set forth in
the order or, at the option of the owner, vacating or having the building
vacated and closed within the time set forth in the order.
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, that the owner shall remove or demolish the building
within a reasonable time as specified in the order of removal.
3.
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 Construction Official may cause such building to be repaired,
altered or improved or to be vacated and closed; that the Construction
Official 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."
4.
If the owner fails to comply with an order to remove or demolish
the building, the Construction Official may cause such building to
be removed or demolished or may contract for the removal or demolition
thereof after advertisement and receipt of bids therefor.
5.
The amount of 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 section determined in favor of the
township and the cost of repairs, alterations or improvements or vacating
and closing or removal or demolition, if any, or the amounts 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.
b.
If the building is removed or demolished by the Construction Official,
he shall sell the materials of such building. There shall be credited
against the cost of 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 Municipal Tax Assessor or other custodian
of the records of tax liens, and a copy thereof shall be forthwith
forwarded to the owner by certified mail. If the total of the credits
exceeds such costs, the balance remaining shall be deposited in the
Superior Court by the Construction Official, 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 township 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 municipal lien
certificate.
[1993 Code § 120-14]
Complaints or orders issued by the Construction Official pursuant
to this section shall be served upon persons either personally or
by certified mail, but if the whereabouts of such persons is unknown
and the same cannot be ascertained by the Construction Official in
the exercise of reasonable diligence, and the Construction Official
shall make an affidavit to that effect, then the serving of the complaint
or order upon such persons may be made by publishing the same once
each week for two successive weeks in a newspaper having circulation
in the township. A copy of such complaint or order shall be posted
in a conspicuous place on the premises affected by the complaint or
order, and a copy of such complaint or order shall be duly recorded
or lodged for record with the Essex County recording officer.
[1993 Code § 120-15]
The Construction Official is hereby authorized and empowered
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, in addition to others herein granted:
a.
To investigate the dwelling conditions in the township in order to
determine which dwellings therein are unfit for human habitation.
b.
To administer oaths, affirmations, examine witnesses and receive
evidence.
c.
To enter upon premises for the purpose of making examination, 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 purpose of this section.
e.
To delegate any of this functions and powers under this section to
such officers and agents as he may designate.
[1993 Code § 120-16]
No person shall occupy as owner or occupant, or rent to another
for occupancy, any dwelling or dwelling unit for the purpose of living
therein which does not conform to the provisions of the New Jersey
State Housing Code established hereby as the standard to be used in
determining whether a dwelling is safe, sanitary and fit for human
habitation.
[1993 Code § 120-17]
The owner of any building located within the limits of the township
who desires to demolish the same shall first obtain a permit for that
purpose from the Construction Official and shall pay a fee of $25
for each building or structure to be demolished. The fee shall be
paid prior to the issuance of any such permit. A permit shall be required,
but no fee payable, for demolishing any structure less than 150 square
feet in area.
[1993 Code § 152-1]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the lawful rent in force and effect for any housing
space in a dwelling on August 31, 1988, and thereafter shall include
any increases or decreases permitted under the terms of this section.
Shall mean an improvement, addition or alteration of housing
space, other than repair or restoration of the housing space to its
original condition, which under ordinarily accepted accounting procedures,
would entitle the landlord to depreciate the cost of said improvement,
addition or alteration on said landlord's United States Internal
Revenue Service income tax return.
Shall mean any building or structure containing housing space
units which are rented or offered for rent. A "dwelling" shall not
include rooms in a motel or hotel, one-family houses, two- or three-family
owner-occupied houses and rooms rented by nonprofit organizations.
Shall mean and shall include that portion of a dwelling rented
or offered for rent for living and dwelling purpose to one individual
or family unit, together with all privileges, services, furnishings,
furniture, equipment, garage parking, parking areas and such other
facilities and improvements connected with the use of occupancy of
such portion of the property.
[1993 Code § 152-2]
From and after the effective date of this section, establishment of the rent for housing space in any dwelling shall be governed by all of the terms and provisions hereof, and it shall be unlawful for any landlord of any dwelling to demand, receive or collect any rent therefor in excess of the base rent for such housing space, except increases as may be granted hereafter under subsections 13-4.4, 13-4.5 and 13-4.6.
[1993 Code § 152-3]
a.
It shall be unlawful for any landlord of a dwelling to demand, receive
or collect any rental increase for housing space except at the expiration
of a lease of a periodic tenant or the anniversary date of a month-to-month
tenant nor more than once in any twelve-month period.
b.
As of the effective date of this section, no landlord may demand,
receive or collect any increase in rent for any housing space in excess
of a maximum of 5 1/2% above the base rent, except as such further
increases may be permitted under this section.
c.
Notwithstanding any provision herein to the contrary, the rent for
any housing space in a dwelling which becomes vacant by reason of
the vacating of the housing space by the tenant voluntarily may be
increased without limitation, except as hereinafter provided. Any
rent increase pursuant to this subsection shall be in addition to
the annual rent increase provided for in paragraph b above, but only
one such additional increase shall be allowed in any twelve-month
period, irrespective of the number of vacancies occurring or different
housing space agreements which were in effect for the vacant housing
space during said twelve-month period.
d.
Increases permitted under this section may be rounded to the nearest
whole dollar.
e.
All increased percentages permitted in this section of this chapter
shall be reviewed at least annually by the governing body of the Township
of West Caldwell.
f.
An affected tenant may apply to the Rent Leveling Board if an increase
in excess of that permitted by this section is demanded, received
or collected by the landlord. Such application shall set forth the
base rent of the affected housing space, the maximum increase permitted
by this section, the amount of the increase demanded, collected or
received by the landlord and the effective date thereof. A notice
of such application setting forth the basis for such application and
the place and date scheduled for the hearing thereof shall be served
by the tenant by certified mail upon the landlord not less than 15
days in advance of the date scheduled for the hearing or such application.
[1993 Code § 152-4]
a.
A landlord may seek additional rental for any capital improvement
or any substantial increase in the services rendered to the tenants
by application to the Rent Leveling Board. Such application shall
set forth the total cost of the completed capital improvement, the
number of years of useful life as claimed by the landlord, the average
annual cost of the improvement or service, the total square footage
of rental living space in the dwelling in which any housing space
is situated, the total number of square footage of rental living space
occupied by each affected tenant and the capital improvement or service
increase surcharge which the landlord is seeking from each tenant.
The tenant shall not be liable for a capital improvement or service
increase surcharge exceeding the same ratio to the total annual cost
thereof as the number of square footage of rental living space occupied
by said tenant bears to the total rental square footage of living
space in the dwelling in question. The Rent Leveling Board shall determine
whether any such improvement is a capital improvement or if such service
increase is a substantial service increase and the amount of the surcharge
to each tenant. Any landlord shall be entitled to a classification
and determination of such capital improvement or substantial increase
in service. Commencing with the month succeeding the date of the granting
of any such capital improvement or service increase surcharge, each
tenant affected thereby shall have his monthly rental increased by
one-twelfth of the portion of such surcharge allocated to him by application
of the calculation hereinabove set forth. A notice of such application
setting forth the basis for such application and the place and date
scheduled for the hearing thereof shall be served by the landlord
by certified mail upon all tenants affected not less than 15 days
in advance of the date scheduled for the hearing of such application.
b.
The cost of the landlord of interest expense required to finance
capital improvements may be included as a part of the total cost of
said capital improvements in application to the Rent Leveling Board
for rent adjustments under paragraph a.
[1993 Code § 152-5]
a.
A landlord whose current rentals are insufficient to provide a fair
return based on either the assessed value of the real estate or the
landlord's investment in said property may apply to the Rent
Leveling Board for a hardship increase to permit a fair, just and
reasonable rate of return. A notice of such application setting forth
the basis for such application and the place and date scheduled for
hearing thereof shall be served by the landlord, by certified mail,
upon all tenants affected not less than 15 days in advance of the
date scheduled for the hearing of such application.
b.
The landlord shall have the burden of proving that the rate of return
is less than reasonable under this section.
[1993 Code § 152-6; Ord. No. 1379 § 1]
a.
The Rent Leveling Board within the Township of West Caldwell is hereby
continued in existence. Said Board shall consist of five members,
composed of one landlord or his appointed agent, one tenant who must
be a resident of the township, two other residents of the township
and one full-time township employee, who shall be designated executive
secretary of the Rent Leveling Board. Members of the Rent Leveling
Board shall be appointed by the Mayor with the advice and consent
of the Township Council. The term of each member shall be three years,
commencing January 1, 1999. Appointments to fill vacancies shall be
made for the unexpired term in the same manner as original appointments.
b.
The executive secretary of the Rent Leveling Board shall supervise
the daily administration of this section and process complaints alleging
noncompliance with any of the provisions of this section and, where
appropriate, schedule hearings before the Rent Leveling Board.
c.
The Rent Leveling Board shall select one of its members to act as
Chairman. Three members of the Rent Leveling Board shall constitute
a quorum for the conduct of its business. A majority vote of the full
Rent Leveling Board shall be required to render any decision pursuant
to this section.
[1993 Code § 152-7]
The Rent Leveling Board is hereby granted and shall have and
exercise, in addition to other powers herein granted, all the powers
necessary and appropriate to carry out and execute the purpose of
this section, including but not limited to the following:
a.
To issue and promulgate such rules and regulations as it deems necessary
to implement the purpose of this section, which rules and regulations
shall have the force of law until revised or amended from time to
time by the Rent Leveling Board in the exercise of its discretion,
provided that such rules, regulations, revisions or amendments are
approved by resolution of the governing body of the Township of West
Caldwell.
b.
To supply information and assistance to landlords and tenants to
help them comply with the provisions of this section.
c.
To require landlords and/or tenants to provide all records or information
which the Board deems reasonably necessary to reach a decision on
any matter brought before the Board.
d.
To hold hearings and adjudicate applications from landlords and tenants
for establishment of rents provided herein.
e.
To hold hearings in order to interpret and/or classify capital improvements
or substantial service increases as such under the provisions of this
section.
f.
To give both landlord and tenant reasonable notice and opportunity
to be heard before making any determination.
g.
To render its decisions in writing within 30 days after the close
of a hearing.
[1993 Code § 152-8]
a.
All determinations of the Rent Leveling Board, except those pursuant to subsection 13-4.3f hereof, shall be prospective in nature only and shall be effective as of the date of the determination without retroactivity. An application shall not be submitted to amend or modify a determination of the Board, unless more than 12 months have passed from the date of the determination on the original application.
b.
Either landlord or tenant may appeal the findings and determinations
of the Rent Leveling Board to a court of appropriate jurisdiction.
[1993 Code § 152-9]
a.
During the term of this section, every landlord shall maintain substantially
the same standards of service and maintenance and shall provide substantially
the same furniture, furnishings and equipment in the dwelling and
housing space covered hereby as was maintained and provided on the
effective date of this section, except as hereinafter provided.
b.
Landlords shall be required to keep a rental log book for each apartment
and garage in their dwellings. The rental log shall include the apartment
or garage number, the name of the tenant and the rental paid each
month. This log book must be produced for all housing space units
upon request of the Rent Leveling Board.
c.
A landlord may make application to the Rent Leveling Board for a
reduction in the standards of service rendered to the tenants, provided
that the affected tenants receive a proportionate decrease in rental
for such loss. Said application shall set forth the cost of the services
to be rendered, the total number of square footage of rental living
space in the dwelling in which any affected housing space is situated,
the total number of square footage occupied by the affected tenant
and the amount of the reduction in rental which is proposed for each
tenant. The tenant shall receive a reduction in rent in the same proportion
of the total annual reduction in rent as the square footage occupied
by said tenant bears to the total square footage of rental space in
the dwelling in question. In no event shall the Rent Leveling Board
grant any reduction in service which would violate any other ordinance
of the Township of West Caldwell or any laws of the State of New Jersey.
Commencing with the first of the month next succeeding the completion
of the reduction in services, each tenant affected thereby shall receive
the proportionate reduction in the base rent as provided by the decision
of the Rent Leveling Board. A notice of such application setting forth
the basis for such application and the place and date scheduled for
the hearing thereof shall be served by the landlord, by certified
mail, upon all tenants affected not less than 15 days in advance of
the date scheduled for the hearing of such application.
[1993 Code § 152-10]
The owner of any dwelling rented or offered for rent for the
first time subsequent of the effective date of this section shall
not be restricted hereby in fixing the amount of the initial rent
charged for any housing space in said dwelling.
[1993 Code § 152-11]
Any person found guilty of violating any provision of this section
or of willfully filing with the Rent Leveling Board any material misstatement
of fact shall be punishable by a fine not exceeding $1,000 or by imprisonment
for a term not exceeding 90 days, or both. A violation affecting two
or more housing space units shall be considered a separate violation
as to each housing space unit.
[1993 Code § 152-12]
This section being necessary for the welfare of the township
and its inhabitants shall be liberally construed to effectuate the
purposes thereof.
[1993 Code § 152-13; Ord. No. 1252]
This section shall take effect after final passage and publication
as required by law and shall remain in full force and effect for a
period not to exceed three years from said effective date and shall
automatically terminate, cease and be of no further force and effect
upon the expiration of said three-year period; provided, however,
that the terms of this section may be extended for succeeding terms
of three years each by the Township of West Caldwell of an ordinance
extending the terms of this section for a term up to three years,
which said ordinance shall be adopted by the Township Council prior
to the date of expiration of this section and each expiration date
thereafter.[1]
[1]
Editor's Note: Ordinance No. 1252 provided for an extension
for a further term of three years, until August 1, 1997.
[1993 Code § 44-1]
Pursuant to Chapter 226 of the Public Laws of New Jersey of
1981, adopted July 27, 1981, also known as N.J.S.A. 2A:18-61.22 et
seq. and all regulations adopted thereunder, the following fee is
hereby fixed for the services indicated: For each apartment building
or project being converted from a rental status to a condominium,
an administrative fee of $35 per apartment unit within the building
or project for the initial processing of applications for protected
tenancy for senior citizens or disabled persons living in the building
or project being converted, payable by the sponsor of the apartment
conversion.
[1993 Code § 44-2; Ord. #1379, § 2]
Pursuant to the statutes and regulations referred to in subsection 13-5.1 thereof, there is hereby created an Appeal Board, to be known as the "Township of West Caldwell Protected Tenancy Appeal Board," consisting of three members who may be employees of the Township of West Caldwell and not necessarily residents of the township or nonemployee resident citizens of the township. The members of the Appeal Board shall be appointed by the Mayor with the advice and consent of the Township Council. The term of office of each member shall be three years, commencing January 1, 1999. The Appeal Board may adopt such rules and regulations as it may deem appropriate and as may be provided by law and consistent therewith. Appeal Board members shall serve without compensation.
