North Haledon City Zoning Code
ARTICLE XVI
Administration and Enforcement
§ 600-77 Enforcement official designated; percolation tests.
[Amended 10-10-1979 by Ord. No. 16-1979]
§ 600-78 Certificate of occupancy; required inspections; certificate of reoccupancy.
[Amended 7-12-1989 by Ord. No. 7-1989; 5-9-1990 by Ord. No. 5-1990; 2-15-2023 by Ord. No. 6-2023]
A.
Before the occupancy or possession of any building or structure may pass from one person to another, the owner of the building or structure shall apply and obtain a certificate of sale or rental from the Construction Official. The owner shall also request and permit the building to be inspected by the following Borough officials: the Tax Assessor; in cases of residential buildings, the Board of Health; and in cases of nonresidential buildings, the Fire Prevention Officer. The Construction Official shall refuse a certificate of sale or rental until the owner shall provide an opportunity to conduct the above inspections. Inspections by the Construction Official, the Board of Health and the Fire Prevention Officer shall be made in order to determine whether the condition of the premises in question complies with applicable ordinances and codes of the Borough. The Construction Official is authorized to withhold a certificate of sale or rental until such compliance is obtained.
C.
Fees for such inspections shall be provided by this chapter for all building inspections, provided, however, that if inspection for re-occupancy is made within one year of a previous inspection, the fee for such re-inspection shall be half of the normal rate.
D.
The certificate of sale or rental for commercial and industrial buildings shall not be valid unless it is signed by the Fire Prevention Officer, in addition to such other signatures otherwise required by ordinances and the codes of the Borough.
E.
The certificate of sale or rental shall not be issued by the Construction Official unless there is compliance with Chapter 411, Numbering of Buildings.
F.
The Construction Official shall inspect the premises to determine if the property complies substantially with the requirements of this chapter and as to whether or not there are any apparent construction code violations.
G.
The issuance of a certificate of sale or rental shall not constitute any representation(s) as to any violations which are not apparent.
H.
The certificate sale or rental shall not constitute any representation(s) as to the strength, durability, quality of life or any equipment or component in the structure.
I.
In the event that the Construction Official finds any violations, he/she will note them on the certificate of sale or rental and will notify the person requesting said certificate as well as the owner of the premises.
J.
The certificate of sale or rental shall contain language reflecting the limitations in this chapter.
§ 600-79 Violations and penalties.
[Amended 5-9-1990 by Ord. No. 5-1990[1]]
For any and every violation of the provisions of this chapter, the owner, agent, contractor or other person, or an individual, partnership or corporation, or any other person, partnership or corporation interested in any such building or premises where such violation shall have been committed or shall exist or where such parties shall have caused a violation to be committed or shall take part in or assist in any such violation or who shall maintain any buildings or premises where any violation of this chapter shall exist shall be punishable as provided in Chapter 1, General Provisions, Article II, General Penalty.
§ 600-80 Service of notice of violations.
[Amended 2-10-1982 by Ord. No. 2-1982]
Whenever a violation shall be noted or complaint of violation received, it shall be the duty of the Construction Official to investigate forthwith and, if a violation is found to exist, to serve notice, in writing, at once to correct such violation within 10 days. Within 15 days after written notice has been served, either by hand or certified mail, a second inspection shall be made by the Construction Official, and, if violation continues, it shall be the duty of said Construction Official to cause legal service without further delay.[1]
§ 600-81 Enforcement of affordable housing regulations.
[Added 12-7-2011 by Ord. No. 32-2011]
A.
Upon the occurrence of a breach of any of the regulations governing the affordable units within the Borough of North Haledon by an owner, developer or tenant, the Borough of North Haledon shall have all remedies provided at law or equity, including but not limited to foreclosure, tenant eviction, acceleration of all sums due under a mortgage, recoupment of any funds from a sale in the violation of the regulations, injunctive relief to prevent further violation of the regulations, entry on the premises, and specific performance.
B.
After providing written notice of a violation to an owner, developer or tenant of a low- or moderate-income unit and advising the owner, developer or tenant of the penalties for such violations, the Borough of North Haledon may take the following action against the owner, developer or tenant for any violation that remains uncured for a period of 60 days after service of the written notice:
(1)
The Borough of North Haledon may file a court action pursuant to N.J.S.A. 2A:58-11, alleging a violation or violations of the regulations governing the affordable housing unit. If the owner, developer or tenant is found by the court to have violated any provision of the regulations governing affordable housing units, the owner, developer or tenant shall be subject to one or more of the following penalties, at the discretion of the court:
(a)
A fine of not more than $1,250 or imprisonment for a period not to exceed 90 days, or both. Each and every day that the violation continues or exists shall be considered a separate and specific violation of these provisions and not as a continuing offense;
(b)
In the case of an owner who has rented his/her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment into the Borough of North Haledon Affordable Housing Trust Fund of the gross amount of rent illegally collected;
(c)
In the case of an owner who has rented his/her low- or moderate-income unit in violation of the regulations governing affordable housing units, payment of an innocent tenant's reasonable relocation costs, as determined by the court.
(2)
The Borough of North Haledon may file a court action in the Superior Court seeking judgment, which would result in the termination of the owner's equity or other interest in the unit, in the nature of a mortgage foreclosure. Any judgment shall be enforceable as if the same were a judgment of default of the first purchase money mortgage and shall constitute a lien against the low- and moderate-income unit.
(a)
Such judgment shall be enforceable, at the option of the municipality, by means of an execution sale by the Sheriff, at which time the low- and moderate-income unit of the violating owner shall be sold at a sale price which is not less than the amount necessary to fully satisfy and pay off any first purchase money mortgage and prior liens and the costs of the enforcement proceedings incurred by the municipality, including attorneys' fees. The violating owner shall have his/her right to possession terminated as well as his/her title conveyed pursuant to the Sheriff's sale. The proceeds of the Sheriff's sale shall first be applied to satisfy the first purchase money mortgage lien and any prior liens upon the low- and moderate-income unit. The excess, if any, shall be applied to reimburse the Borough of North Haledon for any and all costs and expenses incurred in connection with either the court action resulting in the judgment of violation or the Sheriff's sale. In the event that the proceeds from the Sheriff's sale are insufficient to reimburse the Borough of North Haledon in full as aforesaid, the violating owner shall be personally responsible for and to the extent of such deficiency, in addition to any and all costs incurred by the Borough of North Haledon in connection with collecting such deficiency. In the event that a surplus remains after satisfying all the above, such surplus, if any, shall be placed in escrow by the Borough of North Haledon for the owner and shall be held in such escrow for a maximum period of two years or until such earlier time as the owner shall make a claim with the Borough of North Haledon for such. Failure of the owner to claim such balance within the two-year period shall automatically result in a forfeiture of such balance to the Borough of North Haledon. Any interest accrued or earned on such balance while being held in escrow shall belong to and shall be paid to the Borough of North Haledon, whether such balance shall be paid to the owner or forfeited to the Borough of North Haledon.
(b)
Foreclosure by the Borough of North Haledon due to violation of the regulations governing affordable housing units shall not extinguish the restrictions of the regulations governing affordable housing units as the same apply to low- and moderate-income units. Title shall be conveyed to the purchaser at the Sheriff's sale, subject to the restrictions and provisions of the regulations governing the affordable housing unit. The owner determined to be in violation of the provisions of this plan and from whom title and possession were taken by means of the Sheriff's sale shall not be entitled to any right of redemption.
(c)
If there are no bidders at the Sheriff's sale, or if insufficient amounts are bid to satisfy the first purchase money mortgage and any prior liens, the Borough of North Haledon may acquire title to the low- and moderate-income unit by satisfying the first purchase money mortgage and any prior liens and crediting the violating owner with an amount equal to the difference between the first purchase money mortgage and any prior liens and costs of the enforcement proceedings, including legal fees and the maximum resale price for which the low- and moderate-income unit could have been sold under the terms of the regulations governing affordable housing units. This excess shall be treated in the same manner as the excess which would have been realized from an actual sale as previously described.
(d)
Failure of the low- and moderate-income unit to be either sold at the Sheriff's sale or acquired by the Borough of North Haledon shall obligate the owner to accept an offer to purchase from any qualified purchaser which may be referred to the owner by the Borough of North Haledon, which such offer to purchase being equal to the maximum resale price of the low- and moderate-income unit as permitted by the regulations governing affordable housing units.
(e)
The owner shall remain fully obligated, responsible and liable for complying with the terms and restrictions of governing affordable housing units until such time as title is conveyed from the owner.