Borough of Moonachie, NJ
Bergen County
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Table of Contents
Table of Contents
Editor's Note: The power to adopt a housing code by reference is contained in R.S. 40:49-5.1, 5.2 and 5.3.
[Ord. #78-4, § 1; 1970 Code § 11-1.1]
There is hereby established in the Borough a State Uniform Construction Code enforcing agency to be known as the "Building Construction 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. All rules and regulations governing the functions and duties of all personnel in such agency shall be as set forth by the Construction Official, subject to the approval of the Mayor and Council.
[Ord. #78-4, § 1; 1970 Code § 11-1.2]
Each official position created in subsection 10-1.1 hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, C.217 as amended and N.J.A.C. 5:23; provided that, in lieu of any particular subcode official, an on-site 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.
[Ord. #78-4, § 1; 1970 Code § 11-1.3]
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.
[Ord. #78-4, § 2; Ord. #83-3, § 1; 1970 Code § 11-1.4; Ord. #87-21, § 1; Ord. #94-11, § I; Ord. #2010-9]
a. 
The fee for a construction or zoning permit shall be the sum of the subcode fees listed in subsection 10-1.4 of this section and shall be paid before the permit is issued.
1. 
Building Subcode Fees.
Minimum fee residential R3/R5: $50
All other uses and commercial: $100
(a) 
New construction or additions:
(1) 
Per cubic foot of volume: $0.04.
(2) 
Minimum fee (principal building): $350.
(3) 
Minimum fee (accessory building): $100.
(4) 
Modular structures: $30 per $1,000 of estimated cost.
(b) 
Alterations, repairs, renovations, reconstruction and change of use:
(1) 
Per $1,000 of estimated cost: $20.
(c) 
Roofing, re-roofing and siding:
(1) 
Per $1,000 of estimated cost: $20.
(d) 
Demolition:
(1) 
Residential.
[a] 
Principal building: $350.
[b] 
Accessory structure: $100.
(2) 
Nonresidential/mixed use.
[a] 
Principal: $750.
[b] 
Accessory structure: $200.
(3) 
Interior demolition, per subcode.
[a] 
Residential: $100.
[b] 
Mixed use/commercial: $200.
(e) 
State surcharge: Calculated upon current State fees N.J.A.C. 5:23-4.19(b).
(f) 
Lead hazard abatement with Certificate of Clearance: $145.
(g) 
Asbestos abatement with Administrative Certificate: $160.
(h) 
Certificate of Occupancy — U.C.C.
(1) 
Residential (new construction or rehabilitation): $100.
(2) 
Nonresidential: $200.
(i) 
Temporary Certificate of Occupancy — U.C.C.
Initial issuance: No fee.
(1) 
Each subsequent renewal and request for Certificate of Occupancy: $30.
(j) 
Change of contractor — $25 plus any additional items or cost.
(k) 
Plan review fee: 20% of the anticipated permit fee which is nonrefundable.
(l) 
Withdrawn permit administrative fee: 30% includes plan review.
(m) 
Reinstatement of lapsed permit fee: 80% of original fee.
(n) 
Certificate of Continued Occupancy — U.C.C., applicant requested:
(1) 
General visual inspection by all Subcode Officials: $100 per subcode.
(o) 
Uniform Construction Code Variations:
(1) 
Residential: $100.
(2) 
Commercial/mixed use: $200.
(p) 
Retaining walls: plus zoning review fee:
(1) 
Under four feet in height: Zoning permit: $25.
(2) 
Over four feet in height: Per $1,000 of estimated cost: $20.
(q) 
Zoning review fee (requires survey, a current survey depicts as exists): $25.
(r) 
Patios: $25 plus zoning review fee.
(s) 
Fences: plus zoning review fee.
(1) 
Not associated with pool:
[a] 
Fifty feet of fencing or less in length:
[1] 
With a current property survey: $25.
[2] 
Without a current property survey: $50.
[b] 
More than 50 feet in length: $25.
(2) 
Pool fence/barrier or fence over six feet high:
[a] 
With a current property survey: Per $1,000 of estimated cost: $20.
[b] 
With a current property survey: Not permitted.
(t) 
Swimming pool: Building permit only, does not include fence/barrier: permit also requires zoning review fees:
(1) 
Aboveground: $100.
(2) 
Semi-inground: $300 Also requires Soil Movement Permit.
(3) 
Inground: Per $1,000 of estimated cost: $20. Also requires Soil Movement Permit.
(u) 
Signs: plus zoning review fee:
(1) 
Up to 24 square feet: $50 per sign.
(2) 
Twenty-five to 50 square feet: $100 per sign.
(3) 
Fifty square feet and above: $150 per sign.
(4) 
Freestanding sign: $100 two-sided.
(v) 
Trailers used for construction offices and storage: plus zoning review fee:
(1) 
Residential: $100 each.
(2) 
Nonresidential/mixed use: $300 each.
(w) 
Sidewalks:
(1) 
Public new/replacements/repair over 25%: $25.
(2) 
Private walkways: zoning review fee only.
(x) 
Driveways: plus zoning review fee:
(1) 
Resurface same size:
[a] 
With a current property survey $25.
[b] 
Without current property survey $50.
(2) 
Enlargement:
[a] 
With a current property survey $25.
[b] 
Without a property survey: Not permitted.
(y) 
Change of tenancy/occupancy zoning — Plus fire prevention fees.
(1) 
Residential: $100 plus $40 each per additional unit.
(2) 
Nonresidential or mixed: $200 plus $100 per additional unit.
(z) 
Shed: (Only 1 permitted) plus zoning review fee:
(1) 
Under 100 square feet (zoning fees only):
[a] 
With a current property survey: $25.
[b] 
Without a property survey: Not permitted.
(2) 
Between 100 and 200 square feet (U.C.C. permit):
[a] 
With a current property survey: Per $1,000 of estimated cost: $20.
[b] 
Without a current property survey: Not permitted.
(3) 
Over 200 square feet: Requires Soil Movement Permit and foundation.
[a] 
With a current property survey: Per $1,000 of estimated cost: $20.
[b] 
Without a current property survey: Not permitted.
(aa) 
Temporary tents:
(1) 
Over 900 square feet or 30 feet of length in one direction: $100.
(bb) 
Storage tanks in gallons per installation:
(1) 
Up to 330: $75.
(2) 
331 to 660: $125.
(3) 
661 to 1,000: $200.
(4) 
1,001 to 5,000: $500.
(5) 
5,001 or more $1,000.
(cc) 
Tank demotion, per tank:
(1) 
Residential: $100.
(2) 
All other uses and commercial: $200.
(dd) 
Certificate of Compliance, annual inspection for public swimming pools, spas and hot tubs: $100.
(ee) 
Relocation of structure: Plus zoning review fee:
(1) 
$30 per $1,000 of estimated cost.
(ff) 
Special inspection fee request — For emergency/extraordinary situations:
(1) 
Special inspection fees. Any person, partnership or corporation who requests and obtains a required code inspection either before or after regular Building Department hours of business or on holidays and weekends shall be required to pay, in addition to any established permit and certificate fees, the current contractual hourly compensation rate 1 1/2 times their normal hourly salary) for the Code Officials performing the inspections, plus an administrative surcharge 20% of said calculated amount. Said fee shall be calculated and based on the amount of time required for said inspections with payment for a minimum inspection time of no less than two hours with the calculated surcharge.
(gg) 
Search of Borough records: Current year and back two years, no retrieval fee the per page copy charges. Beyond two years from the date of request: $40 per hour or part thereof retrieval fee, plus copy charges per page.
(hh) 
Every person, partnership or corporation who engages in a service regulated by the State Uniform Construction Code shall obtain a license from the Borough of Moonachie Building Department prior to operating, conducting or otherwise performing or engaging in any service regulated other than any residential R3/R5 use group. The license when issued will be valid for the remainder of the calendar year and shall need to be renewed every January 1 for the New Year. The license shall be made on a form provided by the Borough and may include information concerning liability, insurance, Federal employment number, social security numbers, driver's license number, years in business and other licenses held. Any license which is not renewed with 45 days after January 1 of each year shall require a new application subject to the initial fee. The Construction Official shall revoke a license for violations of the Uniform Construction Code with just cause.
(1) 
Initial application $50.
(2) 
Annual renewal $40.
2. 
Electrical Subcode Fees.
Minimum fee residential R3/R5: $50.
All other uses and commercial: $100.
(a) 
Receptacles and fixtures (lighting fixtures, receptacles, switches, detectors, light poles, motors-fractional horsepower, emergency and exist lights, communication points and alarm devices/fire alarm control panel):
(1) 
One to 25 units: $30.
(2) 
Each additional 25 or fraction thereof: $25.
(b) 
Motors and electrical devices over one horsepower up to:
(1) 
One horsepower to 10 horsepower: $45.
(2) 
From 11 horsepower to 50 horsepower: $100.
(3) 
From 51 horsepower to 100 horsepower: $200.
(4) 
Grater than 101 horsepower: $450.
(c) 
Transformers and generators over one kilowatts up to: (Equipment and appliances, including electrical range oven, dishwasher, dryer, water heater, boiler, furnace, baseboard heat, space heating, transfer switches, or any other fixed or plug in appliances) each:
(1) 
One kilowatt to 10 kilowatts: $30.
(2) 
Over 11 kilowatts to 45 kilowatts: $60.
(3) 
Over 46 kilowatts to 112.5 kilowatts: $100.
(4) 
Over 112.5 kilowatts: $450.
(d) 
Service panels, entrances and subpanels:
(1) 
Less than or equal to 150 amps: $60.
(2) 
151 amps or equal to 200 amps: $70.
(3) 
201 amps or equal to 400 amps: $200.
(4) 
401 amps or equal to 1,200 amps: $450.
(5) 
Over 1,201 amps: $750.
(6) 
Additional meters included in service: $35.
(e) 
Air-conditioning units (disconnect, compress/condenser and air handler):
(1) 
Each: $60.
(2) 
Replacement of any system part: $35
(f) 
Burglar alarm system (complete): $60.
(g) 
Hydro massage tub (interior whirlpool tub/spa): $45.
(h) 
Swimming pools: (includes receptacle, switch, trench, bonding and equip potential bonding matt):
(1) 
Aboveground: $75.
(2) 
Semi-inground: $90.
(3) 
Inground: $125.
(4) 
Light, each: $35.
(i) 
Hot tub or spa (exterior): $100.
(j) 
Certificate of Compliance, (annual inspection for public swimming pools, spas and hot tubs): $100.
3. 
Plumbing Subcode Fees:
Minimum fee residential R3/R5: $50.
All other uses and commercial: $100.
(a) 
Water closet/toilet/urinals/bidets: $20.
(b) 
Bathtub: $20.
(c) 
Lavatory/sink: $20.
(d) 
Shower: $20.
(e) 
Floor drain: $20.
(f) 
Dishwasher: $20.
(g) 
Drinking fountain/water cooler: $20.
(h) 
Washing machine: $20.
(i) 
Hose bib: $20.
(j) 
Stacks: $20.
(k) 
Water heater:
Residential: $70.
Commercial: $100.
(l) 
Fuel oil piping: $65.
(m) 
Gas piping: $20 per connection.
(n) 
Steam/hot water boiler/furnace:
Residential: $55.
Commercial: $100.
(o) 
Sewer pump/ejector: $65.
(p) 
Interceptor/separators: $65.
(q) 
Backflow preventor:
Residential: $65.
Commercial with Test Ports: $100.
(r) 
Grease trap: $65.
(s) 
Sewer connection/replace/repair:
Residential: $65.
Commercial: $100.
(t) 
Water service connection/two inch or less: $65.
Over two inch: $100.
(u) 
Refrigerant units: $65.
(v) 
Active solar system: $65.
(w) 
Garbage disposal: $20.
(x) 
Indirect connection: $20.
(y) 
Humidifier: $20.
(z) 
Condensate line/drain: $20.
(aa) 
Roof drains: $20.
(bb) 
Septic connection: $65.
(cc) 
Water softener: $65.
(dd) 
Swimming pool:
Aboveground: $65.
Semi-inground:$80.
Inground: $100.
(ee) 
Annual testing of commercial backflow devices: $75 per device.
4. 
Fire Protection Subcode Fees.
Minimum fee residential R3/R5: $50.
All other uses and commercial: $100.
(a) 
Installation of flammable/combustible/liquid storage tanks:
(1) 
Up to 350 gallons: $75.
(2) 
Over 350 gallons to 1,000 gallons: $100.
(3) 
Over 1,000 gallons to 5,000 gallons: $250.
(4) 
Over 5,000 gallons to 10,000 gallons: $500.
(5) 
Over 10,000 gallons: $1,000.
(b) 
Alarm/supervisory/signaling devices (smoke, heat, carbon monoxide, pull stations, water flow, tampers, low/high air, horn/strobes and bells) each:
(1) 
1 thru 6: $60.
(2) 
Each additional device: $5.
(c) 
Wet and dry sprinkler heads:
(1) 
1 thru 19: $100.
(2) 
20 thru 100: $200.
(3) 
101 thru 200: $400.
(4) 
201 thru 400: $748.
(5) 
401 thru 1,000: $1,036.
(6) 
Over 1,000: $1,323.
(d) 
Stand pipes: $289.
(e) 
Kitchen hood exhaust system: $200.
(f) 
Pre-engineered systems:
(1) 
Wet chemical: $150.
(2) 
Dry chemical: $150.
(3) 
CO2 suppression: $150.
(4) 
Foam suppression: $150.
(5) 
FM200 suppression: $150.
(g) 
Smoke control systems: $500.
(h) 
Gas or oil-fired appliance: $50.
(i) 
Fireplaces: $75.
(j) 
Fire sprinkler component fee costs in addition to sprinkler heads:
(1) 
Hydraulic calculations or alterations to pipe schedule, plan review: $75.
(2) 
Dry pipe alarm, pre-action and similar devices: $75.
(3) 
Supervisory devices, each: $25.
(4) 
Water service for fire line:
[a] 
Up to two inch: $100.
[b] 
2 1/2 to five inch: $200.
[c] 
Six inch or larger: $300.
(5) 
Fire pumps: $500.
(k) 
Fire alarm system components fees in addition to alarm devices:
(1) 
Fire alarm panel, new installation or replacement: $100.
(2) 
Fire alarm system security and other devices (i.e. door locks, electromagnetic releases hold open devices, elevator control valves and floor control valves): $10 each
(l) 
Metal chimney or lines, R3/R5 each: $50, Mixed use/commercial: $100.
(m) 
Emergency lights and exist signs, each: $5.
5. 
Mechanical Subcode Fees.
(a) 
R3/R5 structure/use group minimum fee: $50.
(1) 
Water heater: $55.
(2) 
Fuel oil piping connections: $65.
(3) 
Gas piping connections: $20 per connection.
(4) 
Steam boiler with backflow: $100.
(5) 
Hot water boiler with backflow: $100.
(6) 
Hot air furnace: $100.
(7) 
Oil tank: $75.
(8) 
LPG tank: $75.
(9) 
Fireplace: $75.
(10) 
Hydronic piping: $65.
(11) 
Radiant heat piping: $65.
(12) 
Lawn irrigation system: $65.
(b) 
All other uses and commercial: $100.
(1) 
Mechanical work on other than R3/R5 structure/use group shall be calculated upon: $20 per $1,000 of estimated cost.
[Ord. #78-4, § 2; 1970 Code § 11-1.5]
The Construction Official shall, with the advice of the Subcode Officials prepare and submit to the Mayor and Council bi-annually, a report recommending 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 State Uniform Construction Code Act.
[Ord. #78-4, § 2; 1970 Code § 11-1.6; Ord. #2010-9]
In order to provide for the training, certification, and technical support programs required by the Uniform Construction Code Act and the Regulations, the enforcing agency shall collect in addition to the fees specified above, a surcharge fee as stated in subsection 10-1.4a,1(e). Such surcharge fee shall be remitted to the Bureau of Housing Inspection, Department of Community Affairs, on a quarterly basis for the fiscal quarter ending September 30, December 31, March 31 and June 30, and not later than one month next succeeding the end of the quarter for which it is due. In the fiscal year in which the regulations first become effective, such fee shall be collected and remitted for the third and fourth quarters only.
The enforcing agency shall report annually at the end of each fiscal year to the Bureau of Housing Inspection, and not later than July 31, the total amount of the surcharge fee collected in the fiscal year. In the fiscal year in which the regulations first become effective, such report shall be for the third and fourth quarters only.
[Ord. #78-4, § 4; 1970 Code § 11-1.7]
The fire limits of the Borough are established as the zones stated in the Zoning Chapter. The districts are as follows:
R-1
Residential
R-2
Residential
B
Business
M
Industrial
C
Commercial-Office
MHP
Mobile Home Park
[Ord. #2015-1]
a. 
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
LIGHT-FRAME CONSTRUCTION
Shall mean prefabricated open web wood trusses, wooden I-beams and joists, truss joists, truss rafters, laminated beams, engineered studs and similar materials.
REFLECTIVE SYMBOL
Shall mean an emblem made of reflective material, in the shape and form designed by the Moonachie Fire Department, containing information identifying a structure as containing light-framed construction practices.
STRUCTURE
Shall mean combination of material used to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land. The word "structure" shall also include any building or improvement with a roof.
b. 
Determination as Light-Framed Construction Structure; Requirements. The Borough Construction Official shall determine if a structure contains light-framed construction. All structures containing light-framed construction lumber, materials and methods must have a reflective symbol affixed to the exterior electrical meter panel serving the structure. The reflective symbol shall be applied by the Construction Official or Fire Official and shall be a condition before any issuance of any certificates of approval or occupancy.
c. 
Design of Symbol. The reflective symbol shall be in the form designed by the Moonachie Fire Department and will contain lettering to identify the location of any light-frames construction materials, engineered systems or similar methods of construction used in the structure.
d. 
Applicability. This subsection shall apply to all structures, whether residential, commercial or otherwise, including structures existing at the time of the effective date of this ordinance and permits existing dwelling to be identified and the emblem affixed to the exterior electric meter panel.
e. 
Enforcement. This subsection shall be enforced by the Construction Official and Fire Official of the Borough of Moonachie.
f. 
Violations and Penalties. Any person violating this subsection by refusing to use the reflective symbol or by removing or tampering with the reflective symbol shall be subject to a fine in an amount of $250 per violation. Each day that a violation continues shall be deemed to be a separate and distinct offense.
[Ord. #144, § 1; 1970 Code § 11-2.1]
No person shall move any building or structure through any streets of the Borough without having obtained a permit.
[Ord. #144, § 2; 1970 Code § 11-2.2]
Any person desiring to move any building or structure shall make application to the Borough Clerk for a permit. The application shall designate the streets through which the moving will be done, the dimensions of the building, the estimated length of time required for such moving, and such other facts as the Borough Clerk may require. The fee for the permit shall be deposited with the Borough Clerk. The permit may be applied for by the owner of the building or structure to be moved or by the mover or contractor.
[Ord. #144, § 3; 1970 Code § 11-2.3]
The applicant shall file with the Borough Clerk a bond in the sum of $5,000, with sureties satisfactory to the Borough Clerk, conditioned for the payment of any damage or injury to the trees, streets or other Borough property along the designated route, and conditioned for the placement of any trees or other Borough property destroyed by the moving; and also conditioned for the payment of any additional fee due the Borough for exceeding the time limit fixed for such moving.
[Ord. #144, § 4; 1970 Code § 11-2.4]
The fee for a permit shall be $50 for the first day of the period required for such moving, and $75 for each additional day in the case of dwellings, and $10 for the first day and $20 for each additional day required to move a garage.
[Ord. #144, § 5; 1970 Code § 11-2.5]
The person receiving such permit shall, at his own expense, arrange for the removal of any wires or cables which may interfere with the moving. If any wires or cables which may interfere with the moving pertain to the fire alarm system or police telephone system or any other municipal system of the Borough, then the person receiving such permit shall, at his own expense, arrange so that the removal of wires will not interfere in any manner with the continual operation of such systems of the Borough.
[Ord. #144, § 6; 1970 Code § 11-2.6]
All moving operations as they relate to the problem of traffic shall be done under the supervision of the Chief of Police at such times as may be fixed by him.
[Ord. #144, § 7; 1970 Code § 11-2.7]
It shall be the duty and obligation of the contractor engaged in moving operations to furnish and place barricades and detour signs which may be necessary for the proper diversion of motor vehicle traffic.
[1970 Code § 11-3.1]
In accordance with the provisions of N.J.R.S. 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.
[1970 Code § 11-3.2]
Three copies of the New Jersey State Housing Code have been placed on file in the office of the Clerk and will remain on file there for the use and examination of the public.
[1970 Code § 11-3.3; Ord. #90-4]
The administrative and enforcing authority for the provisions of this section shall be the Construction Official.
[1970 Code § 11-3.4; Ord. #90-4]
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.
[1970 Code § 11-3.5]
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 subsection more effective. No regulation, however, shall be inconsistent with or alter or amend any provision of this subsection, 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 subsection. Rules and regulations shall be filed with the Clerk. Violations of rules and regulations shall be subject to the same penalty as other violations of this section.
[1970 Code § 11-3.6; Ord. #90-4]
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 Borough. 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 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.
[1970 Code § 11-3.7; Ord. #90-4]
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 section.
[1970 Code § 11-3.8; Ord. #90-4]
Any person who shall refuse to give the Construction Official or his agents access to any premises or part of a premises or who shall otherwise obstruct or impede an inspection shall be guilty of a violation of this section.
[1970 Code § 11-3.9; Ord. #90-4]
In addition to the provisions of subsection 10-3.8, the Construction Official or his agents may upon affidavit, apply to the Municipal Judge 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.
[Ord. #139, §§ 1 & 2; Ord. #90-4]
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 or persons responsible. 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 is served on him personally; or if a copy is sent by certified mail to his last known address; or if a copy 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.
[Ord. #139, §§ 1, 3 & 5; 1970 Code § 11-3.11; Ord. #90-4]
Any person affected by a notice which has been issued in connection with the enforcement of any provision 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 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. 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. 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 on 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 good and sufficient reason for the postponement. After the hearing the Construction Official shall sustain, modify or withdraw the notice, depending on his findings as to whether the provisions of this section and of 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. 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. 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. 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 on petition to the Construction Official shall be afforded a hearing as soon as possible. After such hearing, depending on his findings as to whether the provisions of this section and of the rules and regulations adopted pursuant thereto have been complied with, the building inspector shall continue such order in effect, modify or revoke it.
[Ord. #139, §§ 1, 3 & 4; 1970 Code § 11-3.12; Ord. #90-4]
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 Borough, charging that any dwelling is unfit for human habitation as defined in the housing code, or whenever it appears to the Construction Official on his own motion that any dwelling is unfit for human habitation, 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 dwelling 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 complaint; and that the rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Construction Official.
[Ord. #139, §§ 5 — 8; 1970 Code § 11-3.13; Ord. #90-4]
If after notice and hearing, as provided above, the Construction Official determines that the dwelling 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 on the owner and parties in interest an order requiring:
a. 
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, to vacate or have the building vacated and closed within the time set forth in the order.
b. 
That if the building is in such 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, the owner shall remove or demolish the building within a reasonable time as specified in the order of removal.
c. 
That 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."
d. 
That 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.
e. 
That 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 section shall be determined in favor of the Borough; and
2. 
The cost of such 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 on which such cost was incurred.
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 credits, or if the sum total of the costs exceeds the total of the credits, a detailed statement of the costs and the amount due shall be filed with the Borough Tax Assessor or other custodian of the records of tax liens, and a copy shall be forwarded to the owner by certified mail. If the total of the credits exceeds the 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 Borough 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.
[Ord. #139, §§ 1 & 2; 1970 Code § 11-3.14; Ord. #90-4]
Complaints or orders issued by the Construction Official pursuant to this section shall be served on persons either personally or by certified mail, but if the whereabouts of any person 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 may be made by publishing it once each week for two successive weeks in a newspaper having circulation in the Borough. A copy of the complaint or order shall be posted in a conspicuous place on the premises affected, and a copy shall be recorded with the Bergen County Recording Officer.
[Ord. #139, § 10; 1970 Code § 11-3.15; Ord. #90-4]
The Construction Official is authorized and empowered to exercise such powers as may be necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including the following, in addition to others herein granted:
a. 
To investigate dwelling conditions in the Borough in order to determine which dwellings are unfit for human habitation.
b. 
To administer oaths, affirmations, examine witnesses and receive evidence.
c. 
To enter on premises for the purpose of making examination; provided that entry shall be made in such manner as to cause the least possible inconvenience to the person 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 his functions and powers under this section to such officers and agents as he may designate.
[1970 Code § 11-3.16]
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.
[Ord. #139, § 12; 1970 Code § 11-3.17]
The owner of any building located within the Borough who desires to demolish the same shall first obtain a permit for that purpose from the Borough Clerk and pay a fee of $10 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 without fee, for demolishing any structure less than 150 square feet in area.
[Ord. #87-5, § I]
The purpose of this section is to discourage and penalize real estate property owners from operating and creating apartments contrary to the zoning regulations of the Borough.
[Ord. #87-5, § II]
As used in this section:
ILLEGAL DWELLING UNIT
Shall mean an apartment for which no Certificate of Occupancy has been issued; an apartment which is occupied by a number of families in excess of the zoning code; an apartment failing to meet State or municipal requirements for health and safety; an apartment created without the requisite plumbing, electrical and/or building permits or; an apartment in violation of any State, County or municipal ordinance, resolution or regulation.
REAL ESTATE PROPERTY OWNER
Shall mean and include all natural persons, partnerships, joint ventures, corporation and corporate shareholders owning or controlling in excess of 5% of the voting stock of the corporation, all as shown on the official tax records of the Borough or as disclosed by diligent inquiry into the ownership of real estate where the apartment is located.
RELOCATION COSTS
Shall include the actual and reasonable expenses incurred in moving persons, furnishings and other personal property, actual and reasonable losses of tangible personal property occasioned by a relocation and the actual and reasonable expenses of searching and acquiring a replacement apartment.
[Ord. #87-5, § III]
No person shall permit any person or family to occupy an illegal dwelling unit, house, or mobile home within the Borough.
[Ord. #87-5, § IV]
The Zoning Officer/Construction Official shall upon the discovery of an illegal apartment immediately serve such notice of illegal apartment upon the owner of the real estate by certified mail at the owner's address as disclosed by the official tax records of the Borough. If no receipt of such certified mail is returned within five days, then by regular mail at the last known address.
[Ord. #8-5, § V; Ord. #94-16]
Any tenant who receives a notice of eviction pursuant to Section 3 of P.L. 1974, C.49 (C.2A:18-61.2) that results from zoning code enforcement activity for an illegal occupancy, as set forth in clause (3) of subsection g of Section 2 of P.L. 1974, C.49 (C.2A:18-61.1), shall be considered a displaced person and shall be entitled to relocation assistance in an amount equal to six times the monthly rental paid by the displaced person. The owner of the structure shall be liable for the payment of relocation assistance pursuant to this section. This section shall not be interpreted as creating a responsibility by the Borough of Moonachie to pay relocation assistance.
[Ord. #87-5, § VI]
Every real estate property owner shall make such payments and reimbursements to the tenant within 30 days of notification of tenant's moving expenses.
[Ord. #87-5, § VII; Ord. #94-16]
Failure on the part of a real estate property owner to comply with the requirements of this section shall subject the real estate property owner to a fine of $500 per day for the first offense and $1,000 for each offense thereafter.
[Ord. #87-6, § 1]
Each time there is a transfer of ownership of property within the Borough, which property is used as or proposed to be used, in whole or in part, as a one-family dwelling, as a two-family dwelling, as a three-family dwelling or as a four-family dwelling, a seller of such property must obtain from the Construction Official a Certificate of Continued Occupancy certifying that the property may be continued to be used as it is currently being used and certifying that the use of the property is a permitted use in the zone in which the property is located, by virtue of either the fact that the use is a permitted use in the zone or by virtue of the fact that the use is a valid nonconforming use in the zone or a permitted use by legal variance procedure.
[Ord. #87-6, § 2]
The fee for a Certificate of Continued Occupancy shall be $25 payable to the Borough of Moonachie.
[Ord. #87-6, § 3]
Before a Certificate of Continued Occupancy shall be issued, the Construction Official shall make an inspection of the premises to determine whether the certificate may or may not be issued.
Applications for a Certificate of Continued Occupancy shall be submitted to the Construction Official and once the application has been received by the Construction Official, the certificate indicating whether the present use may or may not be continued shall be issued within six business days of the receipt of the application.
[Ord. #87-6, § 5]
In the event a purchaser of property in the Borough fails to obtain a Certificate of Continued Occupancy, the Construction Official shall notify the property owner of the violation by posting a notice of violation at the subject premises. In the event that the property owner fails to thereafter obtain a Certificate of Continued Occupancy, the property owner shall be subject to a fine not less than $100 for each summons issued. Each day a violation continues beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.
[Ord. #80, § 1; 1970 Code § 13-3.1]
All lots of land, including the buildings erected thereon, on any public street, avenue or highway within the corporate limits of the Borough shall be numbered in accordance with the system of numbering as provided in and laid out on the map entitled "Numbering Map of Borough of Moonachie," Part 1, "Numbering Map of Borough of Moonachie," Part 2, dated December 1930 and prepared by F.C. Job, which map is on file in the office of the Borough Clerk.
[Ord. #80, § 3; 1970 Code § 13-3.2]
It shall be the duty of each property owner to display in such manner so that it may be plainly visible to the public on the front portion of each building owned by him, located on any public street, avenue or highway within the Borough, the number assigned to such premises by the terms of this section and it shall be the duty of property owners to continue at all times to display such numbers.
[1970 Code § 13-3.3]
In the event that any building shall be located or situated on more than one lot of land as laid down on the map made a part hereof, then and in such case the owner of the property may use all the numbers assigned to the premises or at his option may use the highest number assigned.
[Ord. #86-18, § 1]
The following National Model Codes, as promulgated by the Department of Community Affairs of the State of New Jersey on August 6,1981 are adopted by reference:
a. 
B.O.C.A. Basic/National Fire Prevention Code 1984.
b. 
B.O.C.A. Basic/National Building Code 1984 (See Section 10-1 Uniform Construction Code).
c. 
B.O.C.A. Mechanical Code 1984.
d. 
National Standard Plumbing Code 1983.
e. 
National Electrical Code 1984.
[Ord. #86-18, § 1]
As used in this section:
B.O.C.A.
Shall mean Building Officials Code Administration International Inc.
[Ord. #86-18, § 1]
Any person who violates any provision of this section shall, for each and every violation thereof, and for each and every day that the violation continues to be in existence, be subject to a fine of not more than $100 if not otherwise specified by ordinance or code.
[Ord. #86-18, § 1]
Members of the Building Department of the Borough and the Fire Prevention Bureau are hereby designated as the public officers charged with the enforcement of the terms of this section. All complaints for alleged violation of any of the terms of this section are to be submitted in writing to the above mentioned public officers if not otherwise discovered by routine inspection of the public officers.