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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 2424D 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. -1- 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. -2- 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. -3- 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. -4- 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 -5- 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.). -6-