[HISTORY: Adopted by the Council of the Township of Montclair 10-12-1982
by Ord. No. 82-36 (Ch. 90 of the 1979 Code). Amendments noted
where applicable.]
[Amended 3-31-1987 by Ord. No. 87-13; 5-17-1988
by Ord. No. 88-22]
The Municipal Clerk, acting as the administrative officer pursuant to
the New Jersey Condominium Act and the Senior Citizens and Disabled Protected
Tenancy Act,[1] and the rules and regulations enacted pursuant thereto, is hereby
authorized to charge the owners of a building being converted pursuant to
those statutes a fee of $150 for each application submitted to and processed
by the Municipal Clerk.
[1]
Editor's Note: See N.J.S.A. 46:8B-1 et seq. and 2A:18-62.22 et
seq.
A.
Any person aggrieved by a determination of the administrative
officer shall be entitled to an administrative hearing before such officer
or before a hearing officer designated by such officer.
B.
Application for an administrative hearing shall be made
within 10 days of receipt by the aggrieved person of notice of such determination.
Each notice of appeal will be accompanied by a check made payable to the Township
of Montclair in the amount of $50.
C.
All notices of determinations issued by an administrative
officer shall advise the recipient of the right to a hearing and of the ten-day
application requirement and shall give the name and address of the person
to whom applications for hearings are to be made.
D.
Administrative hearings shall be held within 10 days
of application therefor, except that the administrative officer may hold hearings
later due to extenuating circumstances, such as, without limitation, a large
number of applications for hearings being received within a short period of
time.
E.
Notice of administrative hearings shall be given to all
known parties in interest, all of whom shall have the opportunity to testify
and present evidence and to examine adverse witnesses and evidence, including,
without limitation, application forms and supporting documentation previously
submitted to the administrative agency or officer.
F.
A sound recording of the administrative hearing shall
be made, and a transcript shall be obtainable, in accordance with the rules
applicable to municipal courts.
G.
Within 10 days of the hearing, the administrative officer
shall issue a written final decision either upholding or revising the original
determination and stating the reasons therefor.
