HomeMy Public PortalAboutr 04:207 M[ODLESEX COUNTY
OFFICE OF
KATHLEEN M. BARNEY, RMC/CMC 61 COOKE AVENUE
MUNICIPAL CLERK M E M O R A N D U M CARTERET, NEW JERSEY 07008
TO: MATTHEW U. WATKINS, DIRECTOR
DIVISION OF LOCAL GOVERNMENT SERVICES
DEPARTMENT OF COMMUNITY AFFAIRS
101 S. BROAD STREET
P.O. BOX 803
TRENTON, NJ 08625-0803
FROM: KATHLEEN M. BARNEY, RMC/CMC
Municipal Clerk
DATE: JUNE 18, 2004
SUBJECT: RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
STATE-LOCAL COOPERATIVE HOUSING INSPECTION
PROGRAM FORM.
ENCLS: CERTIFIED COPY OF RESOLUTION #04-207 and your signed
letter dated July 1, 2004.
KMB/cp
cc: Treasurer
A. Neibert
Borough Attorney
File
No. 04-207 Date of Adoption June 15 ~ 2004
AUTHORIZING THE MAYOR TO EXECUTE STATE-LOCAL
COOPERATIVE HOUSING INSPECTION PROGRAM FORM
WHEREAS, the New Jersey Department of Community Affairs has authorized
the Borough of Carteret to perform inspections for the Bureau of Housing
Inspection during the period from July 1, 2004 to December 31, 2004 in
accordance with the Conditions of Authorization; and
NOW, THEREFORE BE IT RESOLVED that the Mayor is authorized to
execute said document for State-Local Housing Inspections on behalf of the
Borough of Carteret.
Adopted this 17th day of June, 2004 and
certified as a true copy of the original on
June 18, 2004.
THLEEN M. BARNEY, RMC~
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN YES NO NV A.B.
RIOS X
KRUN X ._
S ITARZ X
NAPLES X .,
PARISI X SOSNOI4SKI X
X - Indicate Vote AB - Absent NV - Not Voting XOR · Indicates Vote to Overrule Veto
Adopted at a meeting of the Municipal Council .. j .JUblE 17, 2004
DEPARTMENT OF COMMUNITY AFFAIRS
JAMES E MCGREEVEY ~'::
~ SUSAN BASS LEVIN
Governor Commissioner
July 1, 2004
The Honorable Daniel J. Reiman
Mayor, Borough of Carteret
61 Cooke Avenue
Carteret, New Jeresey 07008
Re: State Local Cooperative Housing Inspection Program
Dear Mayor Reiman:
On behalf of Governor McGreevey and the New Jersey Department of Community Affairs, it is
my pleasure to welcome the Borough of Carteret's participation in the State Local Cooperative Housing
Inspection Program. Under this Program your municipality has requested and received authorization to
conduct the State mandated inspections of hotels and multipie dwellings within its jurisdiction on behalf of
the Bureau of Housing Inspection during the period from July i, 2004 to June 30, 2005. This authorization
is based upon the requirement that these inspections and their related activities be conducted in strict
accordance with the Conditions of Authorization enclosed with this letter.
In order to pay your municipality for conducting ti,se State inspections during Fiscal year 2005,
the Bureau has allocated the sum of $3,000.00. This amount is based upon the number of hotels, motels
and multiple dwellings in your municipality that will require inspection during Fiscal year 2005. In
addition to the current inspections, this number may also include inspections determined by the Bureau to
be overdue.
To indicate your acceptance of this authorization, please sign both copies of this letter and return
one copy to George Eaton, Supervisor of the State Local Cooperative Housing Inspection Program,
Bureau of Housing Inspection, Post Office Box 810, Trenton, New Jersey 08625-0810. Please retain the
other copy for your flies.
I thank you for your interest in the Department's State Local Cooperative Housing Inspection
Program and look forward to working with you during the upcoming months toward our common goal of
ensuring safe and decent housing within your municipality.
Sincerely,
~ avo~r~,~.r.~._~ Divisi°n °f C°des and StandarI ,,~q~.. k~ !ii'~
EBn°cr~oUs u~rre° f C ar t eret ::
New Jersey Is An Equal Opportunity Employer * Printed on Recycled Paper and Recyclable
SLCHIP
PAYMENT SCHEDULE
UNITS INSPEuI'kO
@ $15 per unit @ $8 per unit @ $6 per unit $--6 $6
1 15 24 273 48 463 66 -571. 84 679
2 30 25 281 49 469 67 577 85 685
3 45 26 289 50 475 68 583 86 691
4 60 27 297 51 481 69 589 87 697
5 75 28 305 52 487 70 595 88 703
6 90 29 313 53 493 71 601 89 709
7 105 30 321 54 499 72 607 90 715
@ $10 per unit 31 329 55 505 73 613 91 721
8 115 32 337 56 511 74 619 92 727
9 125 33 345 57 517 75 625 93 733
10 135 34 353 58 523 76 631 94 739
tl 145 35 361 59 529 77 637 95 745
12 155 36 369 60 535 78 643 96 751
13 165 37 377 61 541 79 649 97 757
14 175 '38- 385 62 547 80 655 98 763
15 185 39 393 63 553 81 661 99 769
16 195 40 401 64 559 82 667 100 775
17 205 41 409 65 565 83 673 200 1,375
18 215 42 417 300 1,975
19 225' 43 425 500 3,175
20- 235 44 433
21 245 ' 45 441
22 255 46 449
73 ~ 265 47 457
Ccmplex scheduled as total units inspected ard reinspected (not per building)
REINSPECTION SCHEDULE
$5 per unit no limit, minimun $10 per building
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I am pleased to inform you that your municipality. ,, is .authorized,. subject' to the
condmons set forth in the enclosed document entitled Cbnd~t~ons of Authonzat~on", to
perform inspections on behalf of the Bureau of Housing Inspection. The reservatiori of
~unds and authorization to inspect is effective upon our receipt of two signed copies of
the Division of Codes and Standards Director, William M. Connolly's letter, which is
enclosed.
The authorization hereby conferred is subject to revocation in the event that the
work submitted by your municipality is inade.quate as to either .quality or quantity or in
the event of any other failure to comply with tlie enclosed Conditions of Authorization.
It is my pleasure to forward Director Connolly's letter reserving funds to vayvour
municipali/y for inspections of hotels and multiple dwellings pursuant to the Hote[ and
MultipIe Dwelling Law, N.J.S.A. 55:13A-! et sea. and the Reeulations for
Maintena~nc.e of Hotels and Multiple Dwellings, N~.,~--.-.-~. 5:10-1 et seq. 'If, during the
course ot the. year, you anticipate your earnings to exceed the amount of the
reservation, please contact us at (609) 633-6240, so that appropriate action can be
taken.
55~~Sincerely' ~
Mark J. Botsko
Chief
Bureau of Housing Inspection
CONDITIONS OF AUTHORIZATION
Definitions - Unless otherwise indicated, the within terms shall have the following meanings:
Act - Act shall mean the Hotel and Multiple Dwelling Law (P.L. 1967, C. 76 as mended,
N.J.A.C. 55:13A-1 et seq.).
Building - Building shall mean a multiple dwelling as defined by the N.J.S.A.
55:13A-3(k) or a hotel as defined by N.J.S.A. 55:13A-3(j) subject to the jurisdiction of the
Bureau of Housing Inspection.
Bureau - Bureau of Housing Inspection.
Certificate of Inspection - shall mean the certificate issued by the Bureau, pursuant to
N.J.S.A. 55:13A-13, to the owners of the buildings that are found to be in compliance
with the Regulations.
Certificate of Registration - shall mean the certificate issued by the Bureau, pursuant to
N.J.S.A.-55:13A-12, to the owners of buildings that have been properly registered.
Commissioner - Commissioner shall mean the Commissioner of Community Affairs.
Department - Department shall mean the Department of Community Affairs
Local Enforcing Agency (LEA) - A permanent municipal, county or interlocal agency
maintained for the purpose of conducting inspections and enforcing building maintenance
laws, ordinances, codes and rules, that is supervised by, and has all hotel and multiple
dwelling inspections performed by, persons licensed under N.J.A.C. 5:10-1 et seq.
Municipality - Municipality shall mean the municipality or county authorized by a letter
transmitted together herewith to perform inspections on behalf of the Bureau.
Owner - Owner shall mean the person who owns, purports to own, or exercises control of
any hotel or multiple dwelling.
Registration - Registration shall mean registration of a hotel or multiple dwelling in
accordance with N.J.S.A. 55:13A- 12.
Regulations - Regulations shall mean the current Regulations for the Maintenance of
Hotels or Multiple Dwellings (N.J.A.C. 5:10-1.1 et seq.) promulgated pursuant to
N.J.S.A. 55:13A-7.
Shall - As used in this Conditions of Authorization, is always to be construed as
mandatory.
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1. The Municipality shall comply with all provisions of the Act and Regulations whether
explicitly referred to herein or not, and with all directives of the Bureau issued pursuant
thereto.
2. The Department shall create a reservation for the purchase of inspection services from the
Municipality during the period from July 1 to the following June 30 and shall give notice
to the Municipolity of the amount of such reservation for this period. The Municipality
may make requ'~ i tions against this Reservation in amounts not to exceed credits ~.amed
under Paragraph 7 Section A, B, and C at the time of requisition. Said reservation may be
decreased by the Department, if in its sole discretion, it determines that the Municipality
cannot reasonably be expected to do enough work satisfactory to the Department to earn
the full amount of the Reservation before the end of the State's fiscal year.
3. The Municipality shall perform the following services:
A. The Municipality shall identify all unregistered or improperly registered buildings
within the Municipality. A separate information form prescribed by the Bureau shall
be completed and promptly forwarded to the Bureau for each such building.
B. The Municipality shall be obligated to keep the local registry accurate by promptly
reporting to the Department all transfers of ownership, demolitions, alterations, and
construction of buildings within the Municipality and by reporting all errors that may
appear.
C. The municipality or county shall inspect, in each State fiscal year, all of the multiple
dwellings and hotels and units of dwelling space therein which the Bureau
determines to be subject to cyclical inspection in that fiscal year.
D. The inspection% that are required to be performed pursuant to Paragraph ~
above~ shall be completed and submitted~ to the Bureau within 90 days of their
date assigned.
E. All buildings are to bc inspected in accordance with the most recently promulgated
Regulations.
F. The Municipality shall, in addition to whatever local procedures it chooses to adopt,
make an inspection report concerning each inspected building upon forms prescribed
by the Bureau. The local program official(s) designated by the Municipality and
approved by the Department shall sign all inspection and reinspection reports
submitted to the Bureau. Such reports shall include the name of the inspector who
performed the inspection and shall be submitted to the Bureau not less fi-equently
than once per month. In the event that an inspection of a building discloses a
violation of the Regulations constituting an imminent hazard to the health, safety and
welfare of its occupants, the Municipality shall without delay transmit its inspection
report and findings to the Bureau for appropriate action. All reports submitted to the
Bureau, which disclose violations shall be clearly segregated from reports, which
disclose no violations.
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G. When specifically requested by the Bureau, the Municipality shall conduct, within
one week of the request, reinspection of those buildings where violations were
discovered at the time of the original inspection. The Municipality shall make a
reinspection report concerning each building upon forms prescribed by the Bureau
and forward such reports to the Bureau upon completion thereof. No reinspection
reports will be accepted for credit unless all original reported viola%ns have been
rei:,.-:pected. The Bureau shall be responsible for any other fw.ctions of the
enforcement procedure, which can be undertaken on a local level. Only the Bureau
shall grant extensions of time to complete abatement.
H. The Municipality shall provide the Department with such information as may be
necessary to determine the eligibility of the Municipality for funds that may be
requisitioned by it under the Paragraph 7 hereof; including without limitation, copies
of past, current and projected operation budgets and tables of organization for the
Municipal Departments undertaking inspection and related duties. The Municipality
shall also supply the Bureau with a list of appropriate totals of those buildings within
its boundaries, which are not registered or inspected by the end of each State fiscal
year.
I. The Municipality shall be solely responsible for compliance with Local, State, and
Federal Law pertaining to the dislocation and relocation of individuals, families and
businesses. Nothing herein shall limit the Municipality fi.om applying to the
Department for relocation assistance, as it may deem necessary.
J. The Municipality shall perform, within its boundaries, inspections of those buildings
that are the subject of complaints received bythe Bureau. Such inspections shall be
complete and performed in accordance with Paragraph 3, Section D and included in
the regu!ar cycle of inspections. However, in the event that the building, which is
subject of the complaint; has been issued a valid Certificate of Inspection, by the
Bureau, the first inspection and reinspection shall be limited to the subject matter of
the complaint.
K. All persons employed by a municipality or county to perform inspections under the
Multiple Dwelling Act, shall be licensed pursuant to N.J.A.C. 5:10-1B no later than
July 1, 2004. Inspectors acceptable to the Bureau shall perform all inspections
pursuant hereto. The Municipality shall provide to the Bureau two passport photos
and both resumes and Conflict of Interest Questionnaires, of all inspectors whom the
Municipality intends to assign to perform inspections pursuant hereto. No inspector
disapproved by the Bureau shall perform any inspections pursuant hereto. Upon
request of the Bureau, the Municipality shall provide to the Bureau such further
information concerning any inspector whom the Municipality assigns or intends to
assign to perform inspections pursuant hereto as the Bureau may require. In the event
that the Bureau deems the quality of an inspector's work to be unsatisfactory and so
advises the Municipality, then the Municipality shall immediately cease to assign
inspections required to be performed pursuant hereto to the said inspector. Upon
termination of an inspector, the photo ID supplied by the Bureau shall be returned to
the Bureau immediately. All inspectors assigned by the Municipality to perform
inspections pursuant hereto shall attend, and shall be required by the Municipality to
attend, training sessions scheduled by the Bureau when such attendance is required
by the Bureau and any such inspector is not specifically excused by the Bureau.
Inspections made in conjunction with newly constructed or converted buildings as
described in N.J.S. 52:27D-119 et seq. are not authorized.
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L. In the event that the municipality chooses to establish itself as a Local Enforcement
Agency (LEA) pursuant to N.J.A.C. 5:10-1 A, the municipality will be removed from
the State-Local-Cooperative-Housing-Inspection-Program upon passage of the
municipal ordinance that establishes them as an LEA, All previously completed and
outstanding inspections, reinspections, etc. become the responsibility of the Bureau
of Housing Inspection until their completion. All outstanding a~, signments shall be
returned to the Bureau for completion once the LEA is established.
4. The Department or Bureau shall do the following:
A. The Bureau shall supply the Municipality with a listing of all buildings within the
Municipality's boundaries registered or on file with the Bureau, and such other
information regarding inspection and enforcement activities of the Municipality and
the Bureau as may reasonably be required.
B. The Department shall furnish to the Municipality all forms or documents, which are
or may become necessary to carry out the duties assumed hereunder.
5. The Bureau, upon receipt of each inspection report disclosing a violation or violations, may
initiate whatever enforcement or compliance proceedings, as it deems fit and appropriate.
6. The Department shall credit the Municipality in accordance with the following formulas:
A. Upon formal registration of each building not now registered, the Municipality shall
be credited with an amount of $10.
B. The Municipality shall be credited for inspections performed as follows: $15 per unit
for up to and including 7 units, $10 per unit for the next 16 units, $8 per unit for the
next 24 units, and $6 per unit for all units in excess of 47 units. Credits for projects
will be calculated in the same manner using the total number of units in the project as
a base. Credit for reinspection will be $5 per unit reinspected with a minimum of
$10 per building. In the event of Administrative hearings and/or court appearances,
the Department shall credit the Municipality with a maximum of $25 per full day for
each municipal witness required to appear. Without prior permission, Municipal
attendance at Departmental hearings shall be limited to one person per day.
C. The Municipality shall be credited with $10 for each transfer of ownership, or
creation of a building when the Municipality is responsible for such information
reaching the Department in the first instance.
D. The Municipality shall be credited with an amount of $10 per unit for each first
inspection and each reinspection when the inspection is performed as a result of a
complaint received by the Bureau, and when the building that is the subject of the
complaint has been issued a valid Certificate of Inspection by the Bureau. In the
event that the building complained of has not been issued a Certificate of Inspection,
the Municipality will be credited in accordance with Paragraph 7, Section B for the
first inspection and reinspection.
E. No credit shall be allowed for any work that is not satisfactory to the Bureau.
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7. The Municipality may from time to time make requisitions against the Reservation, as may be
approved by the Commissioner, up to but not in excess of the amount of credits outstanding in
said account as of the date of the requisition; said requisition shall be nevertheless expressly
limited to reimbursement to the Municipality for existing or ad,qitional expenses incurred in
:.arrying out the duties assumed by it hereunder or to improve its ~ousing inspection program
and to supplement the locally approved budget dedicated to local housing inspection programs;
provided, however, in the event the Municipality shows to the satisfaction of the
Commissioner that such funds are not needed for the above, requisitions may request payment
to the general surplus or other account designated by the Municipality.
8. The Municipality shall submit such data as the Department shall from time to time require and
shall from time to time make its books available for the Department's inspection at such times
as the Department shall require.
9. The Municipality shall conscientiously enforce all local ordinances related to housing and shall
proceed under such ordinances with respect to cases referred by the Bureau for enforcement
under such ordinances. No payment shall be made by the Bureau for enforcement under local
ordinances.
While the Bureau recognizes that the Municipality may enact a local ordinance requiring
inspection and reinspection of the hotels and motels within its jurisdiction provided it is more
restrictive than the Hotel and Multiple Dwelling Law, such inspections and reinspections may
not be conducted at the same time as those required under this agreement.
The municipality is prohibited from performing fire inspections in not-life hazard buildings,
which fall under the jurisdiction of the Hotel and Multiple Dwelling Law the year the building
has its five-year cyclical inspection done. Any fire violations that may exist are to be cited on
the report conducted on the behalf of the Bureau of Housing Inspection.
10. It is further agreed by and between the Department and the Municipality that the Municipality
shall be solely responsible for and shall keep, save and hold the Department of Community
Affairs, Division of Codes and Standards, the Bureau of Housing Inspection and their officers,
directors, employees, agents, and servants harmless from all claims, loss, liability, expense,
damage, and judgments, including all legal expenses incurred resulting from any and all acts of
the Municipality or any of its officers, directors, employees, agents, or any person or persons in
connection with the performance of this agreement, or from any and all injury and damage to
any property caused by any and all acts of the Municipality or any of its officers, directors,
employees, agents, and servants or any other person or persons in connection with the
performance of this agreement. The Municipality's liability under this agreement shall continue
after the termination of this agreement with respect to any liability, claims, loss, expense,
damage, or judgment resulting from acts occurring prior to termination.
The Municipality further shall be solely responsible to defend any and all suits that may be
brought against the Department, the Division, or the Bureau or any of its officers, directors,
employees, agents or servants on account of any and all acts of the Municipality, and will make
good to, and reimburse the Department for any expenditures that the Department may make by
reason of such acts
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11. The Department expressly reserves the right, as its option, to carry out inspection and
enforcement activities within the boundaries of the Municipality, as it deems necessary to
fulfill the duties imposed upon it by the Act or to as~,~re faithful conformance of the
Municipality with the duties and responsibilities assumed hereunder.
~ aht shall not utilize any funds received pursuant hereto to employ or otherwi.se
12. The Munic'p ' y .......... ~ Communi*', Affairs who has directly
compensate any employee ot me tJepartmm~t m ,a
participated in the negotiation or approval of this Authorization.
13. This Authorization may be terminated at any t~me by the Department for any of the following
reasons: 1) failure for any reason of the Municipality to fulfill in a timely manner any of the
conditions herein set forth; 2) submission of reports by the Municipality to the Department that
ect and incomnlete in any material respect; 3) improper use of funds provided
are incorr - , .... .A:__~ ~l^,,ee which would constitute a
pursuant hereto; 4) any conduct on me part ola municipal ~mla,vy
violation of the New Jersey Conflict of Interest Law, N.J.S.A. 52:13D-12 et seq., if that
conduct were engaged in by a State employee. In the event of termination, the Municipality
shall deliver fo the Department all inspection reports and registration information in its
possession.
14. This Authorization shall be effective as of the date stated in the letter of authorization and shall
continue in effect until revoked by the Department.
15. The Authorization hereby conferred shall be deemed to be extended to the territory of one or
more other local units of government upon submission by the Municipality and by such other
local unit(s) of government of proof of compliance with the requirements of the Interlocal
Services Act (N.J.S.A. 40-8A et seq.).
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