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
(b)
Alterations, repairs, renovations, reconstruction and change
of use:
(1)
Per $1,000 of estimated cost: $20.
(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.
(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.
(q)
Zoning review fee (requires survey, a current survey depicts
as exists): $25.
(r)
Patios: $25 plus zoning review fee.
(dd)
Certificate of Compliance, annual inspection for public swimming
pools, spas and hot tubs: $100.
(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.
2.
Electrical Subcode Fees.
Minimum fee residential R3/R5: $50.
All other uses and commercial: $100.
(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:
(f)
Burglar alarm system (complete): $60.
(g)
Hydro massage tub (interior whirlpool tub/spa): $45.
(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.
(d)
Stand pipes: $289.
(e)
Kitchen hood exhaust system: $200.
(g)
Smoke control systems: $500.
(h)
Gas or oil-fired appliance: $50.
(i)
Fireplaces: $75.
(j)
(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.
[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.
LIGHT-FRAME CONSTRUCTION
REFLECTIVE SYMBOL
STRUCTURE
Definitions. As used in this subsection, the following terms shall
have the meanings indicated:
Shall mean prefabricated open web wood trusses, wooden I-beams
and joists, truss joists, truss rafters, laminated beams, engineered
studs and similar materials.
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.
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:
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.
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.
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:
[Ord. #86-18, § 1]
As used in this section:
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.
