[1982 Code § 2-2.2]
Except as otherwise provided by State Statutes, the Mayor shall
nominate and, with the advice and consent of the Council, appoint
all officers directed to be appointed, including the filling of vacancies
in all appointive offices which shall be for the unexpired term only.
The Mayor shall make such nomination within 30 days after the office
becomes vacant. If the Mayor fails to nominate within 30 days or the
Council fails to confirm any nomination made by the Mayor, then after
the expiration of 30 days the Council shall appoint the officer directed
to be appointed. No appointment shall be made except by the vote of
a majority of the members of the Council present at the meeting, provided
that at least three affirmative votes shall be required for that purpose,
the Mayor to have no vote thereon except in case of a tie.
[1982 Code § 2-6.1; New; Ord. No.
05-09]
There shall be a Borough Clerk appointed by the Mayor and Borough
Council. The term of office of the Clerk shall be three years which
shall run from January 1 in the year in which the Clerk was appointed.
[1982 Code § 2-2.1; New; Ord. No.
05-09]
No person shall be appointed as Borough Clerk unless he shall
have a registered Municipal Clerk Certificate issued pursuant to N.J.S.A.
40A:9-133 et seq.
[New]
The Clerk's salary shall be established in the Salary Ordinance.
[New; Ord. No. 22-03 § 1]
The Borough Clerk shall:
a.
Act as secretary of the municipal corporation and custodian of the
municipal seal and of all minutes, books, deeds, bonds, contracts,
and archival records of the Borough. The Mayor and Council may, however,
provide by ordinance that any other specific officer shall have custody
of any specific other class of record. The Clerk shall, upon request
and upon the payment of the fees prescribed therefor by the Council
for the use of the Borough, furnish a certified copy of any such paper
in his custody under the corporate seal of the Borough;
b.
Act as secretary to the Borough Council, prepare meeting agendas
at the discretion of the Council, be present at all meetings of the
Council, keep a journal of the proceedings of every meeting, retain
the original copies of all ordinances and resolutions, and record
the minutes of every meeting;
c.
Serve as the chief administrative officer in all elections held in
the Borough, subject to the requirements of Title 19 of the New Jersey
Statutes.
d.
Perform all the functions required of Municipal Clerks by the General
Election Law (Title 19 of the New Jersey Statutes) and any other law
or ordinance;
e.
Serve as the administrative officer responsible for the acceptance
of applications for licenses and permits and the issuance of licenses
and permits, except where Statute or ordinance has delegated that
responsibility to some other Borough officer;
f.
Serve as the custodian of government records in accordance with the
New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, et seq. The
custodian shall be responsible for compliance with the Open Public
Records Act and shall establish a policy and develop and maintain
forms relating to public access to government records in accordance
with the Open Public Records Act. The custodian may designate and
train deputies as may be necessary within other Borough departments
and offices to ensure compliance with the Open Public Records Act.
The custodian shall also serve as coordinator and records manager
responsible for implementing local archives and records retention
programs mandated by law;
g.
Perform such other duties as are now or hereafter imposed by Statute,
regulation or by ordinance or regulation.
[1982 Code § 2-6.2]
a.
The Borough Clerk shall record all ordinances in books to be provided
for that purpose. After each ordinance he shall record and certify
the proof of its publication as required by law. Each ordinance so
recorded shall be signed by the Mayor and the Clerk, who shall attest
that it was adopted on a date stated, and when so signed the recorded
copy shall be deemed to be a public record of the ordinance. Any omission
by the Clerk or the Mayor to record, sign or certify shall not impair
or affect the validity of an ordinance which has been duly adopted.
b.
Periodically, as determined by the Council, the Clerk shall compile
at least two copies of all ordinances that have been adopted since
the previous revision or supplement and forward them to a company
selected by the Council to prepare a supplement to the revision.
c.
The Borough Clerk shall compile annually, in the order of their adoption,
all resolutions adopted by the Council during the year and shall preserve
them.
[1982 Code § 2-6.4]
The Borough Clerk shall maintain a record of all real property
which the Borough may acquire, sell or lease. The records shall be
in such form and contain such information as the Division of Local
Finance in the Community Affairs of the State of New Jersey shall
prescribe. It shall be available for inspection in the Office of the
Borough Clerk.
[1982 Code § 2-6.5]
The Borough Clerk shall cause the corporate seal of the Borough
to be affixed to instruments and writings when authorized by ordinance
or resolution of the Council or when necessary to exemplify any document
on record in his office, or to certify any act or paper which, from
the records in his office, appears to have been a public act of the
Borough or a public document. He shall not affix the seal or cause
or permit it to be affixed to any other instrument or writing or other
paper unless required by law, ordinance or resolution of the Council.
[1982 Code § 2-6.6]
The Borough Clerk, subject to the supervision of the Mayor and
Council shall:
a.
Be the depository for and custodian of all official surety bonds
furnished by or on account of any officer or employee, except his
own bond which shall be placed in the custody of the Treasurer; all
insurance policies upon or with respect to risks insured for the benefit
of the Borough or to protect it against any claim, demand or liability
whatsoever; and all formal contracts for work, labor, services, supplies,
equipment and materials to which the Borough may be a party.
b.
Be the depository for and have custody of all performance bonds running
to the Borough as obligee, or any other form of security given by
any contractor, subdivision developer or other person on account of
work done or to be done in or for the Borough.
c.
Have custody of all leases of property owned or rented by the Borough.
d.
Report to the Borough Council annually, at such time as the Council
may require, on the coverage, expiration date and premium of each
surety bond and contract of insurance; the nature and terms of outstanding
leases, the rent reserved by each and their respective expiration
dates.
[1982 Code § 2-6.7]
No rule or general regulations made by any department, officer,
agency or authority of the Borough, except such as relates to the
organization or internal management of the municipal government or
a part thereof, shall take effect until it is filed with the Borough
Clerk. The Clerk shall maintain a current compilation of all such
rules and regulations which shall be available for public inspection
in his office during business hours.
[Ord. No. 11-85 § 1]
There may be two Deputy Borough Clerks appointed by the Mayor
with the advice and consent of Council for a term of one year each,
which terms shall coincide with the calendar year. It shall be the
duty of the Deputy Borough Clerk generally to act on behalf of the
Borough Clerk in the performance of the duties of his office, in the
latter's absence or incapacity and upon direction by the Borough
Council. The Deputy Borough Clerk shall be authorized to take minutes
of meetings of the Mayor and Council as required due to the absence,
illness or incapacity of the Borough Clerk.
[Ord. No. 8-96 §§ 1,
5, 6]
There is hereby created the position of Borough Administrator
pursuant to authority given to the Borough Council by N.J.S.A. 40A:60-6b(3)
and N.J.S.A. 40A:9-136. The term of office of the Borough Administrator
shall be at the pleasure of the Borough Council or as may hereafter
be provided in N.J.S.A. 40A:9-137.
Appointment to the office shall be made by the Mayor with the
advice and consent of the Council, this appointment not requiring
residency of the Borough.
[Ord. No. 8-96 §§ 2,
3]
The Borough Administrator shall be responsible for the exercise
and discharge of the following executive functions, powers and duties
under the direction and supervision of the Mayor and Council:
a.
Assist in the preparation of the budget;
b.
Administer a centralized purchase system;
c.
Be responsible for the development and administration of a sound
personnel system;
d.
Perform such other duties as Council may prescribe.
The Borough Administrator is also authorized to investigate
the organization and operation of any and all departments, prescribe
standards and rules of administrative practice and procedure, and
consult with the heads of other departments.
[Ord. No. 8-96 § 4;
New]
The Borough Administrator's salary shall be established
in the Salary Ordinance.
[Ord. No. 8-96 § 7]
The Borough Administrator shall be removed in accordance with
procedures stated in N.J.S.A. 40A:9-138.
[Ord. No. 16-89 § 1]
The Chief Financial Officer shall be that individual holding
the office and performing the duties of Treasurer.
[New]
There is hereby created the position of Certified Municipal
Financial Officer of the Borough in accordance with N.J.S.A. 40A:9-140.1.
The Chief Financial Officer shall be appointed by the Mayor with the
consent of the Borough Council for a four-year term commencing January
1 of the year in which he/she is appointed.
[Ord. No. 16-89 § 2;
New]
a.
The Chief Financial Officer shall have, perform and exercise all
the functions, powers and duties provided by general law and Borough
ordinances. He shall keep and maintain all books and records of all
financial transactions of the Borough in accordance with the standards
and requirements of the Division of Local Finance in the Department
of Community Affairs of the State of New Jersey. He shall have custody
of all public monies of the Borough and make monthly reports to the
Council of all receipts, expenditures, commitments and unexpended
appropriations. All monies received from any source by or on behalf
of the Borough or any department, board office or agency thereof,
except as otherwise provided by Borough ordinance, shall be paid to
the Treasurer who, by the next ensuing bank day after their receipt,
shall deposit them in the authorized public depository of the Borough
to the credit of the proper account.
b.
Have custody of all investments and invested funds of the Borough
or in possession of the Borough in a fiduciary capacity, except as
otherwise provided by law, and keep such funds and all monies of the
Borough not required for current operations safely invested or deposited
in interest bearing accounts.
c.
Have the safekeeping of all bonds and notes of the Borough and the
receipt and delivery of the Borough bonds and notes for transfer,
registration or exchange.
[New]
The Chief Financial Officer shall receive such compensation
as shall be prescribed in the Salary Ordinance.
[New]
a.
Notwithstanding the provisions of any other law to the contrary,
any person who has served as the Chief Financial Officer of the Borough
for four consecutive years and who is reappointed as the Borough's
Chief Financial Officer shall be granted tenure of office upon filing
with the Borough Clerk and with the Division of Local Government Services
in the Department of Community Affairs a notification evidencing his
compliance with this section.
b.
Thereafter, the person shall continue to hold office during good
behavior and efficiency, and shall not be removed therefrom except
for just cause and then only after a public hearing upon a written
complaint setting forth the charge or charges against him pursuant
to N.J.S.A. 40A:9-140.9 or upon expiration or revocation of certification
by the Director pursuant to N.J.S.A. 40A:9-140.12.
[Ord. No. 24-00 § 1]
There is hereby created the position of Assistant Chief Financial
Officer, which may be filled by appointment of the Mayor with the
advice and consent of the Borough Council, this appointment not requiring
residency within the Borough. The term of office of the Assistant
Chief Financial Officer shall be for a one-year period, which shall
coincide with the calendar year. It shall be the duty and responsibility
of the Assistant Chief Financial Officer to act along with and on
behalf of the Chief Financial Officer in the payroll, revenue collecting,
and receipting, the issuance of purchase orders and the authority
to sign such, and any other duties as prescribed by the Chief Financial
Officer. The Assistant Chief Financial Officer shall receive such
compensation as shall be prescribed in the Salary Ordinance.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Assessor.
[1982 Code § 2-9.2; New]
The Tax Assessor shall hold the Tax Assessor's Certificate
provided for in N.J.S.A. 54:1-35.25 et seq. and shall have the duty
of assessing property for the purpose of general taxation. Nothing
in this section shall adversely affect the salary or tenure rights
acquired pursuant to N.J.S.A. 54:1-35.31 or any other law. In accordance
with the provisions of N.J.S.A. 54:3-16, the Assessor, when making
assessments, shall be governed by directions by the Middlesex County
Tax Administrator. These directions shall be pursuant to rules adopted
by the Middlesex County Tax Board.
The Tax Assessor shall:
a.
Have, perform and discharge all the functions, powers and duties
prescribed by law for a municipal assessor.
b.
Make assessments for benefits for local improvement, and for that
purpose have and exercise the powers and duties of a Board of Assessment
for Local Improvement, as provided by law.
c.
Maintain adequate assessment records of each separate parcel of real
property assessed or exempted.
d.
Maintain a current tax map of the Borough as a public record and
cause to be recorded thereon all changes in ownership or character
of the real property assessed, employing for that purpose the facilities
of other departments.
e.
Report to the Council as to equalization proceedings and other matters
involving the County Tax Board and make recommendations as to action
to be taken in that regard.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Assessor in the Salary Ordinance.
[New]
The Tax Assessor shall hold office for a term of four years.
Vacancies other than due to expiration of term shall be filled by
appointment for the unexpired term.
[New]
The Mayor and Borough Council shall provide for the appointment
of a Tax Collector.
[New]
No person shall be appointed or reappointed as Tax Collector
unless he shall hold a Tax Collector's Certificate issued pursuant
to N.J.S.A. 40:9-145.3. Any Tax Collector appointed pursuant to this
section may obtain tenure pursuant to the provisions of N.J.S.A. 40A:9-144
or 40A:9-145. Any person who shall be reappointed Tax Collector subsequent
to having received a Tax Collector's Certificate pursuant to
N.J.S.A. 40A:9-144.3 and having served as Tax Collector or who has
performed the duties of Tax Collector for not less than four consecutive
years immediately prior to such reappointment shall have acquired
tenure and shall hold his or her office during good behavior and efficiency
and shall be removed only for good cause shown and after a proper
hearing before the Director of the Division of Taxation or his designee
in accordance with the provisions of N.J.S.A. 40A:9-145.8.
[New]
The Tax Collector shall hold his office for a term of four years
from January 1 next following his appointment. Vacancies other than
due to the expiration of a term shall be filled by appointment for
the unexpired term.
[New]
The Mayor and Borough Council shall determine the amount of
compensation for the Tax Collector in the Salary Ordinance.
[1982 Code § 2-12.1; New]
Pursuant to N.J.S.A. 40A:9-139, the Borough Attorney shall be
appointed by the Mayor with the consent of Borough Council for a term
of one year. Vacancies shall be filled for the portion of a term.
[1982 Code § 2-12.1]
The Borough Attorney shall be a duly qualified attorney at law
of the State of New Jersey.
[New]
The Borough Attorney shall have such powers and perform such
duties as are provided for the Office of Borough Attorney by general
law or ordinances of the Borough. He or she shall represent the Borough
in all judicial and administrative proceedings in which the Borough
or any of its officers or agents may be a party or have an interest.
He shall give all legal counsel and advice where required by the Mayor
and/or Borough Council and shall in general serve as the legal advisor
to the Mayor and/or Borough Council on all matters of Borough business.
The Borough Attorney shall be the legal advisor of all officers of
the various Borough boards which are not represented by their own
counsel in all matters involving their duties and general powers and
duties, but without limitation thereto, the Borough attorney shall:
a.
Draft or approve as to form and sufficiency all legal documents,
contracts, deeds, ordinances and resolutions made, executed or adopted
by or on behalf of the Borough.
b.
Conduct appeals from orders, decisions or judgments affecting any
interest of the Borough as he/she may in his/her discretion determine
to be necessary or desirable or as directed by the Mayor and/or Borough
Council.
c.
Subject to the approval of the Mayor and/or Borough Council, have
power to enter into any agreement, compromise or settlement of any
litigation in which the Borough is involved.
d.
Render opinions in writing upon any question of law submitted to
him/her by the Mayor and/or Borough Council with respect to their
official powers and duties, and perform such duties as may be necessary
to provide legal counsel to the Mayor and/or Borough Council in the
administration of Borough affairs.
e.
Supervise and direct the work of such additional attorneys and technical
and professional assistants as the Mayor and/or Borough Council may
authorize for special or regular employment in or for the Borough.
[1982 Code § 2-12.3]
The Borough Attorney shall receive compensation as prescribed
in the annual salary ordinance adopted by the Mayor and Council for
his attendance and advice at meetings of the Council. He shall receive
such other compensation for additional legal duties performed as authorized
by the Mayor and Council.
[New]
The Municipal Prosecutor shall be appointed by the Mayor and
affirmed by the Council. The Municipal Prosecutor shall serve for
a term of one year from the date of his/her appointment and until
his/her successor is appointed and qualified. The appointment shall
be made at the annual reorganization meeting in January of each year.
If a vacancy occurs during the course of the year, the appointment
shall be for the balance of the unexpired year.
a.
Duties of the Municipal Prosecutor. The Municipal Prosecutor shall
appear at all court sessions and prosecute all complaints presented
by the Police Department of the Borough, and any other complaints
as required by law.
b.
Compensation. The salary of the Prosecutor shall be the annual salary
as established by the Borough Salary Ordinance.
[Ord. No. 12-98 § 1]
The office of Public Defender in the Borough of Jamesburg is
hereby created.
[Ord. No. 12-98 § 2]
The Public Defender shall be appointed by the Mayor with the
advice and consent of the Council and otherwise in accordance with
those standards established for the appointment of subordinate officers
by N.J.S.A. 40A:60-1 et seq. and shall serve for a term of one year
from the first day of January of the year of his appointment until
December thirty-first of such year or until a successor is appointed
and qualified. The Public Defender shall be an attorney-at-law and
shall be duly licensed and qualified to practice law in the State
of New Jersey.
[Ord. No. 12-98 § 3]
The Public Defender shall appear on behalf of and provide representation
for those defendants in the Municipal Court, who shall be assigned
to the Public Defender by the Municipal Court Judge. Each such defendant
shall qualify for such representation as indigent in accordance with
standards to be approved by the Municipal Court Judge and shall, as
a condition of such representations, be required to execute an agreement
which shall obligate the defendant to reimburse the Borough for costs
of such representation. The Public Defender shall have such other
duties and responsibilities as may otherwise be established by general
law.
[Ord. No. 12-98 § 4]
a.
Persons applying to the Jamesburg Municipal Court for representation
by the Public Defender shall pay an application fee of $100, payable
to the municipality through the Municipal Court.
b.
The Municipal Court may waive the required application fee, in whole,
or in part, if the Court determines, in its discretion, that the application
fee represents an unreasonable burden on the person seeking representation.
[1982 Code § 2-16.1]
The Borough Engineer shall be a duly qualified licensed engineer
under the provisions of the laws of the State of New Jersey. He shall
be appointed by the Mayor with the advice and consent of the Council
and shall hold office for the term of one year and until his successor
is duly appointed and qualified.
In lieu of appointing an individual to be the Borough Engineer,
the Mayor and Council may appoint a firm of engineers, each member
of which shall be a licensed professional engineer of the State of
New Jersey. The Borough Engineer shall receive such compensation as
may be agreed upon and determined by the Borough Council.
[1982 Code § 2-16.2]
The Borough Engineer shall perform such duties as are prescribed
by general law and ordinance and in addition shall:
a.
Prepare or cause to be prepared plans, designs and specifications
of public works and improvements undertaken by the Borough.
b.
Provide and maintain surveys, maps, plans, specifications and control
records with respect to public works and facilities owned or operated
by the Borough.
c.
Provide technical and engineering advice and assistance to other
Borough Departments as needed.
d.
All papers, documents, memoranda, reports and other materials relating
to the administration of engineering duties of the Borough Engineer
shall be the property of the Borough and remain in the municipal building
unless the Mayor and Council authorize storage elsewhere. Upon the
termination of his services with the Borough, the Engineer shall forthwith
surrender to any successor all such property.
[Ord. No. 23-00 § 1]
There is hereby created the position of Purchasing Official
pursuant to the authority given to the Borough Council by N.J.S.A.
40A:11-9. The term of office of the Purchasing Official shall be at
the pleasure of the Mayor and Council.
Appointment to the office shall be made by the Mayor with the
advice and consent of Council; this appointment not requiring residency
of the Borough.
[Ord. No. 23-00 § 1]
The Purchasing Agent shall have completed appropriate training
and possess such purchasing experience as deemed necessary in accordance
with N.J.S.A. 40A:11-9(b).
[Ord. No. 23-00 § 1]
The Purchasing Agent shall establish and develop accepted purchasing
methods and records in accordance with established general laws, rules,
regulations, policies and procedures, and shall be responsible for
the exercise and discharge of the following functions, powers, and
duties under the direction and supervision of the Mayor and Council:
a.
Review requisitions for the performance of work or labor, or the
furnishing of materials, supplies, or services.
b.
Locate and investigate suitable reputable sources of supply.
c.
Review specifications and receive bids.
d.
Prepare advertisements of bids.
e.
Develop and implement a centralized purchasing system including all
necessary procedures, forms and files.
f.
Maintain bidders lists.
g.
Prepare and sign all purchase orders.
h.
Prepare purchasing procedures and bill payments.
i.
Prepares appropriate transfers.
j.
Establishes and maintains necessary records and files.
k.
Be responsible for obtaining professional, consulting and other services
on a contractual basis.
l.
Serve as contracting agent in emergency situations.
m.
Conduct any activities as may be necessary or appropriate to execute
the purchasing function of the Borough.
[Ord. No. 23-00 § 1]
The Purchasing Agent shall receive such compensation as shall
be prescribed in the Salary Ordinance.
[Ord. No. 22-98 § 1]
There is hereby created the position of Zoning/Housing/Community
Development Officer.
[Ord. No. 22-98 § 2]
This officer is empowered to enforce all ordinances and codes
of the Borough detailing zoning regulations, housing regulations,
with the exception of regulations pursuant to and encompassed in the
State Uniform Construction Code, and community development regulations
and to have and to hold all enforcement powers granted to officers
enforcing such under those ordinances.
[Ord. No. 22-98 § 3]
The salary of this officer is to be set in the Salary Ordinance.
[Ord. No. 22-98 § 4; Ord. No. 01-00 § 1]
This position shall be a full-time one of 37 1/2 hours
per week.
[Ord. No. 22-98 § 5; Ord. No. 17-99 § 1]
No person shall hold his position without possessing a certificate
or license established pursuant to the Building Officials and Code
Administrators International Code (BOCA) at the time of hire or within
a six-month period following the date of hire.
[Ord. No. 22-98 § 6]
The Administrator and any other appropriate Borough official
is authorized to conduct a search for an appropriate individual to
fill this position subject to all applicable law and agreements.
[Ord. No. 8-11-87]
It has become necessary as a result of the Department of Environmental
Protection in the State of New Jersey, as well as the Board of Public
Utilities' directive prohibiting the dumping of waste and refuse
at the Edgeboro Landfill in the Township of East Brunswick, to appoint
a Recycling Coordinator.
[Ord. 8-11-87 § 1]
There is hereby created the position of Recycling Coordinator
whose salary shall be established in the Salary Ordinance.
[Ord. No. 07-07 § 1]
The purpose of this section is to create the administrative
mechanisms needed for the execution of the Borough of Jamesburg's
responsibility to assist in the provision of affordable housing pursuant
to the Fair Housing Act of 1985.
[Ord. No. 07-07 § 2]
As used in this section, the following terms shall have the
meanings indicated:
Shall mean the entity responsible for administering the affordability
controls of some or all units in the affordable housing program for
the Borough of Jamesburg to ensure that the restricted units under
administration are affirmatively marketed and sold or rented, as applicable,
only to low- and moderate-income households.
Shall mean the employee charged by the Governing Body with
the responsibility for oversight and administration of the affordable
housing program for the Borough of Jamesburg.
[Ord. No. 07-07 § 3]
a.
Establishment of Position of Municipal Housing Liaison. There is
hereby established the position of Municipal Housing Liaison for the
Borough of Jamesburg.
b.
Subject to the approval of the Council on Affordable Housing (COAH),
the Municipal Housing Liaison shall be appointed by the Governing
Body and may be a full- or part-time municipal employee.
c.
The Municipal Housing Liaison shall be responsible for oversight
and administration of the affordable housing program for the Borough
of Jamesburg, including the following responsibilities which may not
be contracted out, exclusive of item 6 which may be contracted out:
1.
Serving as Jamesburg's primary point of contact for all inquiries
from the State, affordable housing providers, Administrative Agents,
and interested households;
2.
Monitoring the status of all restricted units in Jamesburg's
Fair Share Plan;
3.
Compiling, verifying, and submitting annual reports as required by
COAH;
4.
Coordinating meetings with affordable housing providers and Administrative
Agents, as applicable;
5.
Attending continuing education opportunities on affordability controls,
compliance monitoring, and affirmative marketing as offered or approved
by COAH;
6.
If applicable, serving as the Administrative Agent for some or all
of the restricted units in Jamesburg as described in paragraph f below.
d.
Subject to approval by COAH, the Borough of Jamesburg may contract
with or authorize a consultant, authority, government or any agency
charged by the Governing Body, which entity shall have the responsibility
of administering the affordable housing program of the Borough of
Jamesburg, except for those responsibilities which may not be contracted
out pursuant to paragraph c above. If Jamesburg contracts with another
entity to administer all or any part of the affordable housing program,
including the affordability controls and Affirmative Marketing Plan,
the Municipal Housing Liaison shall supervise the contracting Administrative
Agent.
e.
Compensation. Compensation shall be fixed by the Governing Body at
the time of the appointment of the Municipal Housing Liaison.
f.
Administrative powers and duties assigned to the Municipal Housing
Liaison.
1.
Affirmative Marketing.
(a)
Conducting an outreach process to insure affirmative marketing
of affordable housing units in accordance with the Affirmative Marketing
Plan of the Borough of Jamesburg and the provisions of N.J.A.C. 5:80-26.15;
and
(b)
Providing counseling or contracting to provide counseling services
to low- and moderate-income applicants on subjects such as budgeting,
credit issues, mortgage qualification, rental lease requirements,
and landlord/tenant law.
2.
Household Certification.
(a)
Soliciting, scheduling, conducting and following up on interviews
with interested households;
(b)
Conducting interviews and obtaining sufficient documentation
of gross income and assets upon which to base a determination of income
eligibility for a low- or moderate-income unit;
(c)
Providing written notification to each applicant as to the determination
of eligibility or non-eligibility;
(d)
Requiring that all certified applicants for restricted units
execute a certificate substantially in the form, as applicable, of
either the ownership or rental certificates set forth in Appendices
J and K of N.J.A.C. 5:80-26.1 et seq.;
(e)
Creating and maintaining a referral list of eligible applicant
households living in the housing region and eligible applicant households
with members working in the housing region where the units are located;
and
(f)
Employing the random selection process as provided in the Affirmative
Marketing Plan of the Borough of Jamesburg when referring households
for certification to affordable units.
3.
Affordability Controls.
(a)
Furnishing to attorneys or closing agents forms of deed restrictions
and mortgages for recording at the time of conveyance of title of
each restricted unit;
(b)
Creating and maintaining a file on each restricted unit for
its control period, including the recorded deed with restrictions,
recorded mortgage and note, as appropriate;
(c)
Ensuring that the removal of the deed restrictions and cancellation
of the mortgage note are effectuated and properly filed with the appropriate
county's register of deeds or county clerk's office after
the termination of the affordability controls for each restricted
unit;
(d)
Communicating with lenders regarding foreclosures; and
(e)
Ensuring the issuance of continuing certificates of occupancy
or certifications pursuant to N.J.A.C. 5:80-26.10.
4.
Resale and Rental.
(a)
Instituting and maintaining an effective means of communicating
information between owners and the Administrative Agent regarding
the availability of restricted units for resale or rental; and
(b)
Instituting and maintaining an effective means of communicating
information to low- and moderate-income households regarding the availability
of restricted units for resale or rerental.
5.
Processing Request from Unit Owners.
(a)
Reviewing and approving requests from owners of restricted units
who wish to take out home equity loans or refinance during the term
of their ownership;
(b)
Reviewing and approving requests to increase sales prices from
owners of restricted units who wish to make capital improvements to
the units that would affect the selling price, such authorizations
to be limited to those improvements resulting in additional bedrooms
or bathrooms and the cost of central air-conditioning systems; and
(c)
Processing requests and making determinations on requests by
owners of restricted units for hardship waivers.
6.
Enforcement.
(a)
Securing annually lists of all affordable housing units for
which tax bills are mailed to absentee owners and notifying all such
owners that they must either move back to their unit or sell it;
(b)
Securing from all developers and sponsors of restricted units,
at the earliest point of contact in the processing of the project
or development, written acknowledgement of the requirement that no
restricted unit can be offered, or in any other way committed, to
any person, other than a household duly certified to the unit by the
Administrative Agent;
(c)
The posting annually in all rental properties, including two-family
homes, of a notice as to the maximum permitted rent together with
the telephone number of the Administrative Agent where complaints
of excess rent can be made;
(d)
Sending annual mailings to all owners of affordable dwelling
units, reminding them of the notices and requirements outlined in
N.J.A.C. 5:80-26.18(d)4;
(e)
Establishing a program for diverting unlawful rent payments
to the municipality's affordable housing trust fund or other
appropriate municipal fund approved by the DCA;
(f)
Creating and publishing a written operating manual, as approved
by COAH, setting forth procedures for administering such affordability
controls; and
(g)
Providing annual reports to COAH as required.
7.
The Administrative Agent shall have authority to take all actions
necessary and appropriate to carry out its responsibilities hereunder.
