There is hereby established a Construction Board of Appeals
to hear appeals from decisions by the Enforcing Agency. Such Board
shall consist of five members. At least one Board member shall be
a registered architect or licensed professional engineer of building
construction experience, and at least one Board member shall be as
qualified as a Plumbing Subcode Official and one as qualified as an
Electrical Subcode Official. No more than two Board members shall
be selected from the same business or profession. The Mayor shall
designate one of the members to serve as Chairman. Each Board member
shall have had at least three years' experience in construction, design
or supervision as an architect or engineer with a bachelor's degree
in architecture or engineering, respectively, from an accredited institution
of higher education or, as a further alternative, 10 years' experience
in construction, design or supervision as a journeyman in a construction
trade or as a construction contractor, subcontractor or inspector.
The Construction Official shall designate a clerk from the Enforcing
Agency to serve as Secretary to the Board and to maintain its records.
A.
The Mayor, with the advice and consent of the Council of the Borough
of Paramus, shall appoint the Board members and any alternate members.
For the members first appointed, the Mayor shall designate the appointees'
terms so that one shall be appointed for a term of one year, one for
a term of two years, one for a term of three years and two for terms
of four years. At the expiration of such terms and thereafter, appointments
shall be made for terms of four years. Vacancies shall be filled for
the unexpired term.
B.
The Mayor, with the advice and consent of the Council, shall appoint
such number of alternates as may be appropriate for terms not to exceed
four years or may, in the alternative, appoint alternates on a case-by-case
basis.
C.
No regular or alternate Board member may be a member of the Enforcing
Agency, the decisions of which are subject to the review of the Board.
Membership of the Construction Board of Appeals shall serve
without compensation.
A.
Whenever the Enforcing Agency denies an application for a construction
permit; fails to act upon an application for a construction permit;
fails to act upon an application for a certificate of occupancy; refuses
to grant a variation or make any other decision pursuant or related
to the Act or the regulations, including the assessment of any monetary
penalties, an owner or his authorized agent may appeal to the Construction
Board of Appeals.
B.
The application for appeal shall be taken within 30 business days
of the receipt of written notice of the denial or other decision of
the Enforcing Agency. Where no notice of denial has been forthcoming,
appeal may be taken within 20 business days from the time of filing
of a completed application for a construction permit.
C.
The application for appeal shall be in writing, filed with the Board,
briefly setting forth the appellant's position. Such application shall
state the name and address of the appellant, the address of the building
or site in question and the permit number and shall reference the
specific sections of the regulations in question and the extent and
nature of the appellant's reliance on them. The appellant may append
to his written application any data or information that he may deem
appropriate to his cause.
D.
The Enforcing Agency shall make available to the Board the full record
of the application below, which shall include a detailed explanation
of the reasons for the denial of the appellant's request.
E.
The application shall be accompanied by a fee in the sum of $50.
An application shall not be considered complete unless accompanied
by the appeal fee. In the case of appeal based on the failure of the
Enforcing Agency to act within any time frame specified, the fee shall
be waived.
F.
The time for appeal may be extended prior to a meeting upon application
to the Secretary of the Board or may be extended at any regular or
special meeting of the Board by the affirmative vote of a majority
of the Board present.
A.
The Board shall meet upon notice of the Chairman or at stated periodic
meetings, if warranted by the volume of work. The hearing shall be
recorded and copies made available upon request at the expense of
the requesting party.
B.
All hearings shall be open to the public. The appellant, his representatives
or legal counsel and the Enforcing Agency, through the Construction
Official or the appropriate subcode official, shall be granted an
opportunity to address the Board.
C.
Membership.
(1)
When five members are not present to consider a specific appeal,
either the appellant or the Enforcing Agency shall, upon request,
be entitled to a postponement of the hearing. If there is no such
request for a postponement, any decision made by the members present
shall be binding and shall be considered as a decision of the full
Board. No meetings shall be conducted unless there are at least three
members of the Board present.
(2)
No specific combination of business or profession represented on
the Board need be present when less than the full Board is convened
or when the Board is convened with alternate members unless an affirmative
vote of the regular members present determines that because of the
nature of a particular matter before it, a certain specific trade
or profession not present is required. Further, the appellant or the
Enforcing Agency shall upon request, and upon a concurring vote of
a majority of the regular members present, be entitled to a postponement
of the hearing upon the grounds that a certain specific trade or profession
not present is required.
A.
The Board shall hear the appeal, render a decision thereon and file
its decision with a statement of the reasons therefor with the Enforcing
Agency from which the appeal has been taken not later than 10 business
days following the submission of the appeal, unless such period of
time has been extended with the consent of the appellant. Such decision
shall also be filed with the State Division of Housing and Urban Renewal,
Bureau of Housing Inspection, Attention: Uniform Construction Code
Appeals File, 363 West State Street, Trenton, New Jersey 08625. Decisions
of the Board shall be available for public inspection at both the
offices of the Bureau and the Enforcing Agency during normal business
hours.
B.
Such decision may affirm, reverse or modify the decision of the Enforcing
Agency or remand the matter to the Enforcing Agency for further action.
Whenever the Board shall reverse or modify the decision of the Enforcing
Agency, its statement of reasons therefor shall explain in specific
detail the nature and extent of its disagreement with the Enforcing
Agency.
C.
Decisions of the Board shall be by a concurring vote of three members.
Failure to secure three concurring votes shall be deemed a confirmation
of the decisions of the Enforcing Agency; except that when fewer than
five members are present, a majority of those present shall be required
for concurrence. Any dissenting member may attach a statement of reasons
in opposition to the decision of the Board.
D.
Every action of the Board shall be by resolution, and copies shall
be forwarded by certified or registered mail to the appellant or his
representatives.
E.
Failure by the Board to hear an appeal and render and file a decision
thereon within the time limits prescribed in this article shall be
deemed a denial of the appeal for purposes of a complaint, application
or appeal to a court of competent jurisdiction.
F.
The Enforcing Agency shall take immediate action in accordance with
the decision of the Board, unless otherwise stayed by a court of competent
jurisdiction.
G.
Any party, including the Enforcing Agency, may within 30 days appeal
from the decision of the Board to a court of competent jurisdiction.
Decisions of the Board shall be in accordance with the following:
A.
Where an Enforcing Agency has failed to act on an application for
a construction permit, the Board may order the Enforcing Agency to
act or may grant such permit if the applicant is otherwise entitled
thereto or may deny the permit.
B.
Where an Enforcing Agency has denied an application for a construction
permit, the Board may reverse or modify such decision upon a finding
that such was arbitrary or based upon an erroneous interpretation
of the regulations.
C.
Where an Enforcing Agency has denied in whole or in part an application
for a variation or placed conditions upon the granting of a variation,
the Board may, upon making the same findings, grant such variation
and establish any conditions of the variation. Except as is otherwise
specified, no variations may be granted from any of the requirements
of Parts I, III and IV of the regulations.
D.
Where the appeal is from an order to pay a monetary penalty, the
Board may reduce such penalty if it determines that the assessment
was excessive, it may void such penalty if it determines that its
assessment was unnecessary to bring about compliance or that it was
an inappropriate remedy under the circumstances of the case or it
may hold such penalty in abeyance until the issuance of a certificate
of occupancy or some earlier event or period in anticipation of reducing
or voiding such penalty where no further violation of the regulations
are uncovered.
