BOROUGH OF RARITAN REGULAR MEETING Nov 9th The Regular Meeting of the Borough of Raritan Council was held on November 9, 2010 in the Municipal Building, 22 First Street, Raritan, NJ 08869 at 8:01 pm. Mayor Jo-Ann Liptak presided and stated: Notice of this meeting has been made by advising The Courier News and the Star Ledger of the time, date and place of this meeting, posting a notice on the official bulletin board, on the Raritan Borough website, filing a copy in the Borough Clerk s office and including this statement in the minutes. ROLL CALL Present: Victor Laggini, Maureen Wilson, John Lamaestra, Stefanie Gara, Greg Lobell and Denise Carra Absent: None Also Present: Mayor Jo-Ann Liptak; Daniel Jaxel, Borough Administrator; Mark Anderson, Borough Attorney, Stanley J. Schrek, Borough Engineer and Rayna E. Harris, Borough Clerk Councilman John Lamaestra presented the invocation and flag salute. APPROVAL OF MINUTES October 19, 2010 Special Meeting Minutes were presented for approval. Motion was made by Councilman Lobell to approve, seconded by Councilwoman Gara. Motion carried on the following roll call vote. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X X Lobell X Carra X Laggini X Wilson X Lamaestra X October 26, 2010 Agenda Meeting Minutes were presented for approval. Motion was made by Council President Carra to approve, seconded by Councilwoman Wilson. Motion carried on the following roll call vote.
MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT Gara X Lobell X X Carra X Laggini X X Wilson X Lamaestra X October 26, 2010 Executive Session Minutes were presented for approval. Motion was made by Councilwoman Gara to approve, seconded by Councilman Lamaestra. Motion carried on the following roll call vote. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X Lobell X Carra X Laggini X Wilson X X Lamaestra X October 26, 2010 Regular Meeting Minutes were presented for approval. Motion was made by Councilman Lobell to approve, seconded by Councilwoman Gara. Motion carried on the following roll call vote. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X X Lobell X Carra X Laggini X Wilson X Lamaestra X PUBLIC COMMENTS Mayor Liptak stated: At this point the Borough Council welcomes comments from any member of the public. To help facilitate an orderly meeting and to permit the opportunity for anyone who wishes to be heard, speakers are asked to limit their comments to 5 minutes. If reading from a prepared statement, please provide a copy and email a copy to the Clerk s Office after making your comments. Adele Goetch, 6 Nevius Street, Raritan: She expressed concern with the conduct of a Police Officer during an incident involving her son and three other young men. Ms. Goetch Stated that the Prosecutor s office investigated
the matter, however, it was not resolved until after promotions were announced. She referenced a letter dated October 27, 2010 from the Prosecutor s office to the parents and young men. Mayor Liptak stated that the Prosecutor s office conducts internal affairs investigations and the Governing Body is not necessarily aware of an investigation while in progress. Debbie Thomas, 36 Canal Street, Raritan: She stated that her son was one of the young men involved in the previously related incident and would have like to receive a phone call. Ms. Thomas stated that the families did not want to make a big deal about the incident. Melinda Perry, 7 Church Street, Raritan: As Director of the Youth on Main Street, she thanked Councilman Lobell, Council President Carra and Mayor Liptak for supporting the kids efforts on Saturday, October 30, 2010 in clean up activities. Ms. Perry read a letter of appreciation from a business owner. Police Chief Mark Ciesla declined to comment. Roger Delin, 178 Chestnut Street, Bridgewater, NJ 08807: He stated that he spoke with Daniel Jaxel, Borough Administrator regarding the proposed Housing Ordinance and questioned the existence of an inspection check list. Mr. Delin stated that the inspection check list should be available prior to the conduction of inspections. He also asked if the Borough of Raritan Code Book be available at the library. Mayor Liptak stated that the new Fire Code Enforcement Official should be contacted and that yes the Code Book would be available at the library. Michael De Cicco, 32 Alpine Way, Raritan: He inquired about the qualifications and certifications need to be the property maintenance and/or fire code enforcement officials. Mr. Jaxel stated that New Jersey requires the person to hold a certificate/license. ORDINANCES: PUBLIC HEARING AND FINAL ADOPTION Ordinance 2010-13
Councilwoman Gara moved and Council President Carra seconded the opening of the public hearing on Ordinance 2010-13. Motion carried. Joe Sferra, 18 Edgewood Terrace, Bridgewater, NJ 08807: He read the prepared statement below. My name is Joseph Sferra. I live at 18 Edgewood Terrace, Bridgewater. I own rental property at 10 and 12 Second Avenue. I first heard about this ordinance about a week or so ago. I obtained a copy of the ordinance yesterday and really have not had sufficient time to study it but never the less I am deeply disturbed by it. First of all I know for a fact that there is an ordinance already in place dealing with this. Execution is the problem not rental property owners. What really disturbs me is the last line of the ordinance. Its mind boggling to me how you can say that the ordinance shall take effect on April 1, 2011 when there has yet to be a public hearing on it. 39-3 speaks of a check list, yet this list is nowhere to be found in the ordinance, yet you are ready to pass it. Don t you think it s important for us to see this list? Let me just tell you that I, as well as a large majority of people who own rental property do not need an ordinance to tell us to maintain our property. We do it on a need to basis. The Mayor Council would be better served if they would put some effort into maintaining the property entrusted to them. If you blindfold a child, put him in the back seat of your car and take him for a ride on Orlando drive you could tell him you just took him for a ride on a roller coaster and it s been like that for years. My property at 12 second avenue is registered with the New Jersey Bureau of Housing Inspection. My other house is registered with the Borough of Raritan. The buildings are inspected by the State, Raritan Fire Officials and the Raritan Code Official. I think they are all capable. How many more inspections do I need? The State inspects my home every 5 years. It cost me $228 dollars. With this new ordinance you will be charging me an additional tax of $200 a year. I have no problem with inspections
I have a problem with all these extra taxes. You inspect my property and I ll pay if there is something wrong. If not how about if you give something back. In a letter sent to the Courier News, dated October 9, 2010 and authored by Councilwomen Gara and Councilman Lobell it reads These ordinances have been written to improve the health, safety and well being of our existing neighborhoods. It sounds good but could someone please tell me how that is going to happen? There is property located between 202 and Frelinghuysen Avenue. At one time it was Popeye and Denny s restaurant. They have been vacant for years. The weeds are so high you can not see one of the buildings. They are laced with confetti and are probably infested with rats. Imagine the people who live on Frelinghuysen Avenue having to see that when they walk out their homes every day. But you choose to go after people like me. I think their 20 year grace period is up. The ordinance also calls for us to make a floor plan. I will not do that. If you want a floor plan you have your inspector bring his pad and pencil with him and let him do it. I don t know where you re going with this but it reeks of self incrimination. You want it you do it. You already have a floor plan of my house at 10 Second Avenue, given to you when I built it. I m sure you know how many senior citizens there are in Raritan. Do you expect an 80 year old landlord to present a floor plan to you? There are 260 working days in a year if you don t take a vacation or call out sick. I estimate there to be in the neighborhood of 350 rental properties in Raritan. That would mean you have in excess of 900 units to be inspected and I m not even counting River Park at Raritan that has an additional 250 or so units. Last I knew you had one full time official. With the accompanying paper work that goes with it he can not do it. Is there a plan in place to hire additional people at a cost to the tax payers? Speaking of cost what are the Attorneys fees to date for this ordinance. I could just imagine how many times it s been changed, how many phone calls were made and how many emails sent. Each one of them opens
the cash register draw. I also would like to know the purpose of this ordinance, who generated it and why? Why are you repealing rental properties, Chapter 57A? Why should the landlord pay an additional tax of $50.00 per a unit? Is it only designed to raise additional taxes on top of the taxes we already pay? I find this ordinance to be intrusive, discriminatory and invasive based on 39-8 Titled Enforcement. You are giving the inspector more power then the police have. In closing I am requesting that you cease any further action on this ordinance. As mentioned before I just got this ordinance yesterday and would like more time to study it. Since you do not plan to put it into effect till April 1, 2011 see no problem. I also would like the time to consult with an attorney because this ordinance to me is unconstitutional. You are targeting rental property when in fact what you may think is going on can very well be going on in any home in Raritan and much easier since they have no inspections. Obviously you must think there is some kind of a problem and you must have some idea where it s at. You have so many other investigative tools to work with and there is no need to tax all to get a few. Please respond. Councilwoman Gara responded to Mr. Sferra s statement. She clarified that inspections would be conducted every two (2) years and the floor plan is need to calculate maximum occupancy and square footage. Mark Anderson, Borough Attorney, stated, in response to a question of the attorney fees associated with the preparation of this ordinance, that his firm is paid on a monthly basis and the bills are itemized. Michael Cringoli, 790 Lynwood Street, Raritan (42-44 West Somerset Street): He expressed his opposition to the ordinance as a landlord. Mr. Cringoli stated that the fees are too high and the inspection schedule should mirror that of the State of New Jersey. He also stated the inspection check list should be including
with the ordinance. Roger Delin, 178 Chestnut Street, Bridgewater, NJ 08807: He stated this ordinance is aimed a bad property owners and absentee landlords, and the inspection of four (4) + family houses should be taken over by the State of New Jersey. Mr. Delin would have liked additional notice and discussion with stakeholders on this ordinance. Councilman Lobell responded this ordinance raises the standards placed on landlords and transferring the inspection responsibilities is not in the best interest of the Borough of Raritan. Mayor Liptak noted that she is the owner of a multi-family house. Emilia De Cicco, 32 Alpine Way, Raritan: She expressed her opposition to the proposed ordinance and questioned the authority of those who could issue summons. Councilman Lobell said that Public Works personnel would have the authority to issue summons in additional to the property maintenance personnel. Mike Lopez, Plainfield Avenue: He expressed his opposition to the ordinance, questioned the number of complaints the Borough received regarding multi-family dwellings and noted the possible negative impact on senior citizen landlords. Mayor Liptak stated that 50 or more complaints were received, and said that the inspectors will work with the owners to find reasonable solutions. Councilwoman Gara stated the revised ordinance requires landlords to list a contact person residing within the County of Somerset. Donald Tozzi, 38 Glazier Avenue, Raritan: He expressed his dismay regarding the type of tenants that reside in the multi-family dwellings and the lack of response by the absentee landlords. Adele Goetch, 6 Nevius Street, Raritan: She expressed her support for the ordinance as a property owner in the downtown area.
Berta Barone, 39 Frelinghuysen Avenue, Raritan: She expressed his opposition to the ordinance, specifically the possible negative impact on senior citizen landlords with fixed incomes. Debbie Thomas, 36 Canal Street, Raritan: She stated her support for the ordinance as a property owner in the downtown area and the impact on the school district. Lynn Brea, 101 Anderson Street, Raritan: She stated her support for the ordinance as a property owner in the downtown area and noted the rise of transient workers in town. Michael De Cicco, 32 Alpine Way, Raritan: He stated his opinion that there are many problems with this ordinance and noted the high rate of foreclosures in town. Mr. De Cicco also noted that in his estimation 1/3 of the town is comprised of multi-family dwellings and he felt this ordinance is punishment to the landlords. Melinda Perry, 7 Church Street, Raritan: She expressed her support for the ordinance and stated that many landlords are not taking care of the properties therefore causing health issues such as vermin. Mark Gara, 21 Church Street, Raritan: He stated support for the ordinance, noted the negative impact on the school district and cited the problem with overcrowding in the multi-family units. Councilman Lobell moved and Councilman Victor Laggini seconded the closing of the public hearing on Ordinance 2010-13. Motion carried. Councilwoman Gara moved and Councilman Greg Lobell seconded the adoption of Ordinance 2010-13 on second and final reading. Motion carried on the following roll call vote. Councilman Laggini suggested tabling the ordinance to further evaluate the options available and the impact on the residents. He stated his belief that the major problem was of enforcement and questioned imposing an additional fee. Councilwoman Gara responded to his suggestion and thanked
the sub-committee for their efforts in preparing the ordinance. She felt that the ordinance she be voted on immediately. Mayor Liptak stated that fours year prior a similar ordinance was not adopted. Councilwoman Wilson stated that in her opinion the major problem with previous housing ordinances has been the enforcement, and that the hiring of the current staff has eased the problem. She also noted that she voted in favor of the current housing ordinance and the hiring of the current inspector. Councilman Lamaestra stated that enforcement was needed. AN ORDINANCE ESTABLISHING A RESIDENTIAL HOUSING REGISTRATION AND MAINTENANCE CODE BY REPLACING CHAPTER 39 AND REPEALING CHAPTER 57A OF THE RARITAN BOROUGH CODE BE IT ORDAINED by the Borough Council of the Borough of Raritan in the County of Somerset that the Code of the Borough of Raritan of 1966 and heretofore amended be further amended as follows: SECTION ONE: Chapter 39, which chapter is entitled Housing Code, is hereby amended in its entirety to read as follows: 391) Title, Policy and Purposes a) Title. This Chapter shall be known as the Residential Property Code b) Findings and Declarations of Policy. It is hereby found and declared that there exist in the Borough of Raritan structures used for residential uses which are, or may become in the future, substandard with respect to structure, equipment and maintenance, or further that such conditions including but not limited to structural deteriorations, lack of maintenance and appearance of exterior premises, infestation, lack of essential heating, plumbing, storage, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, or unsanitary conditions and overcrowding, constitute a menace to the health,
safety, welfare and reasonable comfort of the citizens and inhabitants of the Borough or Raritan. It is further found and declared that by reason of lack of maintenance and progressive deterioration, certain properties have the effect of creating blighting conditions and that if the same are not curtailed or removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same, and that by reasons of timely regulations and restrictions as herein contained, blight may be prevented, and the neighborhood and property values thereby maintained, the desirability and amenities of residential uses and neighborhoods enhanced and the public health, safety and welfare protected and fostered. C. Purpose. The purpose of this Chapter is to protect the public health, safety and welfare by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential property; to fix certain responsibilities and duties upon owners and occupants; to authorize and establish procedures for the inspection of residential property; to establish procedures for implementing the requirements of this Chapter; and to fix penalties for the violations of this Chapter. 392) Applicability a) Every residential or mixed occupancy building and property, used or intended to be used for residential use, except buildings and property occupied solely by the owner or owners, shall comply with the provisions of this Chapter, whether or not constructed, altered or repaired before or after the enactment of this Chapter, and irrespective of any permits or licenses which shall have been issued for use or occupancy, for construction or repair, or for the installation or repair of facilities prior to the effective date of this Chapter. b) If the provisions of this Chapter impose a higher standard than other ordinances or State law, then the standards of this Chapter shall prevail; but if the provisions of this Chapter impose a lower standard than other ordinances or State law, then the higher standards of such other ordinances or State law shall prevail. c) No license, permit or certification of compliance with
this Chapter shall constitute a defense against any violation of any other ordinance or law, nor shall any provision of this Chapter relieve any Person from complying with such other ordinance or law. 393) Definitions As used in this Chapter, unless a different meaning is evident: "Implement" means to have a rule, form or checklist approved by the Borough Council. A rule, form or checklist shall be effective immediately upon approval by the Borough Council. A rule, form or checklist that has not been either approved or rejected by the Borough Council 45 days after delivery to the Borough Clerk shall be deemed to be approved, effective on the 46th day after delivery. "Person" means the same as defined in N.J.S. 1:1-2. "Premises" means the building in which and the property on which any Residential Dwelling Unit is located. "Property Maintenance Officer" means the person or persons designated by the Borough Council to enforce this Chapter. "Residential Dwelling Unit" or "Unit" means any room or group of rooms located within a building and forming a single habitable unit with facilities which are used, or designed to be used, for living, sleeping, cooking, and eating. 394) Responsibilities of Owners and Occupants a) Owners shall have all the duties and responsibilities prescribed in this Chapter, and no owner shall be relieved of such duties and responsibilities nor be entitled to defend against any charge or violation because a tenant or occupant is also responsible therefore. b) Tenants and occupants shall have all the duties and responsibilities prescribed in this Chapter, and no tenant or occupant shall be relieved of such duties or responsibilities nor be entitled to defend against any charge or violation because an owner is also responsible therefore.
c) The duties and responsibilities imposed on owners, tenants and occupants by this Chapter shall not be altered or affected by any agreements or contracts between any owners, tenants or occupants. 395) New Jersey State Housing Code Adopted a) The New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq., is hereby adopted by the Borough. b) The State Housing Code adopted by reference above is supplemented with the following provisions: i) N.J.A.C. 5:28-1.5, entitled "Garbage and Rubbish Storage" is supplemented with the following new paragraphs (d) and (e): (d) No tenant or occupant of any Residential Dwelling Unit shall place, cause to be placed or permit to remain on the curbside, berm or any portion of the street or sidewalk or any part or portion of the front yard of the Premises, any garbage, trash or recycling or any garbage, trash or recycling receptacle earlier than 4:00 p.m. of the day preceding the time scheduled for the collection of garbage, trash or recyclables or allow or permit any empty garbage, trash or recycling receptacle to remain on the curbside, berm or any portion of the street of sidewalk or any part or portion of the front yard of the Premises after midnight of the day of collection. (e) No owner of any Residential Dwelling Unit shall place, cause to be placed or permit to remain on the curbside, berm or any portion of the street or sidewalk or any part or portion of the front yard of the Premises, any garbage, trash or recycling or any garbage, trash or recycling receptacle earlier than 4:00 p.m. of the day preceding the time scheduled for the collection of garbage, trash or recyclables or allow or permit any empty garbage, trash or recycling receptacle to remain on the curbside, berm or any portion of the street of sidewalk or any part or portion of the front yard of the Premises after midnight of the day of collection. 396) Landlord Registration and Information Requirements
a) Rental Property Owner Registration Requirements. i) Every owner of a Residential Dwelling Unit shall, within sixty days of the effective date of this Chapter, and annually thereafter, file with the Property Maintenance Officer a Landlord Registration Statement. ii) The initial registration for each Unit, and the initial registration after any change in floor plan or square footage, shall include a floor plan and the square footage for each Unit to be used by the Borough in establishing occupancy limits. iii) If there is any change in any registration information, an amended Landlord Registration Statement shall be filed, posted and distributed to tenants within five business days after the change. iv) If a Unit is registered with the New Jersey Bureau of Housing Inspection, and if that Unit has been physically inspected by the Bureau of Housing Inspection within 180 days preceding registration, there shall be no registration fee, and the Landlord Registration Statement shall be a copy of the certificate of registration issued by the New Jersey Bureau of Housing Inspection and the floor plan and the square footage for the Unit. v) If a Unit is not registered with the New Jersey Bureau of Housing Inspection, or if the Unit has not been physically inspected by the Bureau of Housing Inspection within 180 days preceding registration, there shall be a registration fee of $50, and the Landlord Registration Statement shall be the floor plan and the square footage for each Unit and the following information on a form Implemented by and available from the Property Maintenance Officer: (1) The name and physical address(es) of the owner or owners of the Premises and the owner or owners of the rental business if not the same. (2) The name, physical address and telephone number of an individual representative of the owner who may be contacted at any time if there is an emergency affecting the Premises, including such emergencies as failure of any essential service or system, and who is
authorized by the owner to make emergency decisions concerning repairs and expenditures for the Premises. The owner may designate one or two alternate individual representatives with the same authority by providing for them the same information. (3) The number of Units by unit type (i.e., number of 2 bedroom units, 3 bedroom units, etc.). (4) Such other information as may be required by the form. b) The Property Maintenance Officer shall retain Landlord Registration Statements and make them available for public inspection. c) Information to be Provided to Tenants. The following information shall be provided to each tenant at the time of initial occupancy: i) A copy of the current edition of the New Jersey Truthin-Renting Guide prepared by the Department of Community Affairs in accordance with the Truth-in- Renting Act, N.J.S. 46:8-43 et seq. ii) A copy of the most recent Landlord Registration Statement filed with the Property Maintenance Officer. 397) Certificate of Inspection for Residential Rental Units a) Certificate of Rental Housing Compliance Required i) No Person shall let or sublet any Residential Dwelling Unit to an initial or new tenant without having obtaining from the Property Maintenance Officer one of the following: (1) A Certificate of Rental Housing Compliance stating that the Unit complies with the standards of this Chapter and meets all other Borough and State code requirements; or (2) A Conditional Certificate of Rental Housing Compliance stating that the Unit is conditionally approved for occupancy in accordance with the provisions of paragraph B(4)(b) below. ii) Every certificate of rental housing compliance shall
be renewed not later than the second anniversary date of the issuance of the most recent certificate. b) Procedures for Inspections and Issuance of Certificates of Rental Housing Compliance. i) The Property Maintenance Officer shall Implement and make available an application form and checklist. ii) The applicant shall submit a completed application form and checklist to the Property Maintenance Officer. Inspections shall be scheduled in the order that completed applications are received unless an additional fee for late request is paid. iii) Following receipt of a completed application, the Property Maintenance Officer shall inspect the Unit and Premises for compliance with this Chapter and a determination of the permitted occupancy. iv) Following inspection, the Property Maintenance Officer shall issue a Certificate of Rental Housing Compliance, a Conditional Certificate of Rental Housing Compliance, or a denial of rental housing compliance. The standards for certificates are: (1) If the Unit and Premises comply with this Chapter and all other Borough and State code requirements, a Certificate of Rental Housing Compliance shall be issued indicating the lawful occupancy. (2) If the Unit or Premises fails to comply with this Chapter or other Borough or State code requirements, but none of the violations jeopardizes the health, safety or welfare of the intended occupants, a Conditional Certificate of Rental Housing Compliance indicating the lawful occupancy shall be issued for a period not to exceed thirty days. (3) If the Unit or Premises fails to comply with this Chapter or other Borough or State code requirements and such violations may jeopardize the health, safety or welfare of the intended occupants, a denial of rental housing compliance shall be issued. v) If a Conditional Certificate of Rental Housing Compliance or denial of rental housing compliance is
issued, the applicant shall perform the required work prior to reinspection. vi) The current Certificate of Rental Housing Compliance, Conditional Certificate of Rental Housing Compliance or denial of rental housing compliance shall be posted in a conspicuous place in each Unit at all times. c) Fees. The following fees shall be paid prior to the inspection being performed: i) Initial inspection or reinspection after denial of certificate: $50.00 dollars per Unit. ii) Reinspection fee after Conditional Certificate: $20.00 per Unit. iii) Reinspection if a prior Certificate was issued more than 23 but less than 25 months before the request for inspection: no fee. iv) Reinspection if a prior Certificate was issued less than 23 months before the request for inspection: $50.00 per Unit. v) Reinspection if the prior Certificate was issued more than 25 months before the request for inspection: $100.00 per Unit. vi) Additional fee for late request: If inspection is requested within one business day of proposed occupancy, additional $100.00 per Unit. vii) Additional fee for failure to provide access to inspector: If access for a previous inspection was not provided to the inspector at the scheduled time, additional $75.00 per Unit. 398) Enforcement a) The Property Maintenance Officer is hereby authorized and directed to exercise the powers prescribed by this Chapter, to enforce this Chapter and the State Housing Code, and to make inspections to determine the condition of the Residential Dwelling Units in the Borough. b) Every member of the Police Department and every employee of the Property Maintenance Office and Public
Works Department is hereby authorized to issue a summons or violation notice upon his belief that probable cause exists for such issuance. c) Every occupant shall give the owner thereof, or his agent or employee, access at all reasonable times for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of this Chapter, all other Borough and State code requirements, and any rule Implemented pursuant to this Chapter. d) Whenever the Property Maintenance Officer believes that there may be in any Premises a violation of any provisions of this Chapter, of any other Borough or State code requirements, or of any rule Implemented pursuant to this Chapter, he may inspect the Premises, and every owner and every occupant shall give the Property Inspection Officer access on request during daylight hours. e) Whenever the Property Maintenance Officer determines that there are reasonable grounds to believe that there has been a violation of any provisions of this Chapter, of any other Borough or State code requirements, or of any rule Implemented pursuant to this Chapter, he shall give notice of the alleged violation to the Person or Persons responsible therefore as follows: i) Notice shall be in writing; include a statement of the reasons why it is being issued; and allow a minimum of five business days for the correction of the violation(s). Thereafter, if the violation(s) has (have) not been corrected, the Property Maintenance Officer is authorized, at his option, to file a complaint with the Municipal Court or seek injunctive relief from the Superior Court. ii) Notice may contain an outline of the remedial action which, if taken, will effect compliance. iii) Notice shall be served upon the owner, or any owner s agent as filed with the Property Maintenance Officer or Borough Clerk, and on any occupant. Notice shall be deemed to be properly served upon an owner, owner s agent or occupant if a copy thereof is served personally or sent to the Person s last known address by regular mail or is posted in a conspicuous place in or on the Premises
affected by the notice. f) No Person shall permit the occupancy of a Residential Dwelling Unit by more persons than the occupancy designated on a certificate of rental housing compliance or conditional certificate of rental housing compliance or, if there is no certificate of rental housing compliance or conditional certificate of rental housing compliance, the number of persons permitted by law. g) No Person shall rent or permit the use of any Residential Dwelling Unit by another for the purpose of living therein that does not conform to the provisions of the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et seq., established hereby as the standard to be used in determining whether a dwelling is safe, sanitary and fit for human habitation. h) The Property Maintenance Officer is hereby authorized and empowered to Implement written rules to implement or enforce the provisions of this Chapter. 399) Violations and Penalties a) Any Person who violates any of the provisions of this Chapter, or the State Housing code, or any rule Implemented pursuant to this Chapter, shall, upon conviction thereof, be penalized by one or more of the following: a fine of not less than $100 and not more than $2000; imprisonment in the county jail for not more than 90 days; community service for not more than 90 days. b) Each twenty-four hour period during which a violation exists shall constitute a separate and distinct offense. c) Any Person who is convicted of violating the provisions of this Chapter, or the State Housing Code, or any rule Implemented pursuant to this Chapter, within one year of the date of a previous violation of the same provision or rule, and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine for a repeated offense shall not be less than $100 and not more than $2000, but shall be calculated separately from the fine imposed for the new violation. d) In addition to the above penalties, any owner who is convicted of a second or subsequent violation of
this Chapter, where an illegal tenancy shall have resulted in a student or students attending the Bridgewater-Raritan public schools, and who has been afforded the opportunity for a hearing on the matter, may be assessed a penalty equal to the annual tuition cost for each student, prorated to the time of the student's ineligible attendance at such public school. The fine shall be recovered in a civil action by a summary proceeding in the name of the Borough pursuant to the New Jersey "Penalty Enforcement Law", N.J.S. 2A:58-10 et seq. The Municipal Court and/or the Superior Court shall have jurisdiction of the proceedings for the enforcement of the penalty provided by this paragraph. The tuition cost shall be calculated in the manner prescribed for nonresidential pupils in N.J.S. 18A:38-19. Payment of the fine shall be remitted to the Bridgewater-Raritan Board of Education. For the purposes of this paragraph, the term "owner" shall exclude mortgagees in possession through foreclosure. For the purposes of this section, a "second or subsequent violation" resulting in an illegal occupancy shall be limited to those violations that are new and are the result of distinct and separate zoning or code enforcement activities, and shall not include any continuing violations for which citations are issued during the time period required for summary disposition proceedings to conclude if the owner has initiated eviction proceedings in a court of proper jurisdiction. e) In accordance with the provisions of N.J.S. 2A:18-16.1g, any tenant who receives a notice of eviction pursuant to N.J.S. 2A:18-61.2 that results from an occupancy in violation of this Chapter shall be considered a displaced person and shall be entitled to relocation assistance in amount equal to three times the monthly rental paid by the displaced person or persons. The owner of the Unit shall be liable for the payment of relocation assistance pursuant to this paragraph. In addition, after being required to pay reimbursement for relocation assistance, an additional fine shall be paid by the owner of the Unit for each illegal occupancy, up to an amount equal to three times the monthly rental paid by the displaced person or persons. SECTION TWO: Chapter 57A, which chapter is entitled Rental Properties,
is hereby repealed in its entirety. SECTION THREE: This Ordinance shall take effect on April 1, 2011. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X X Lobell X Carra X Laggini X Wilson X Lamaestra X Liptak X Ordinance 2010-14 Council President Carra moved and Councilwoman Wilson seconded the opening of the public hearing on Ordinance 2010-14. Motion carried. No one spoke. Councilwoman Gara moved and Councilman Lobell seconded the closing of the public hearing on Ordinance 2010-14. Motion carried. Council President Carra moved and Councilwoman Gara seconded the adoption of Ordinance 2010-14 on second and final reading. Motion carried on the following roll call vote. BOND ORDINANCE PROVIDING AN APPROPRIATION OF $386,636 FOR VARIOUS IMPROVEMENTS AND PURPOSES FOR AND BY THE BOROUGH OF RARITAN, IN THE COUNTY OF SOMERSET, NEW JERSEY, APPROPRIATING $367,304 THEREOF AND AUTHORIZING THE ISSUANCE OF BONDS OR NOTES OF THE BOROUGH TO FINANCE PART OF THE COST THEREOF. BE IT ORDAINED, BY THE BOROUGH COUNCIL OF THE BOROUGH OF RARITAN, IN THE COUNTY OF SOMERSET, NEW JERSEY (not less than two-thirds of all members thereof affirmatively concurring) AS FOLLOWS: SECTION 1: The improvements described in Section 3 of this bond ordinance (the Improvements ) are hereby authorized to be undertaken by the Borough of Raritan, New Jersey (the Borough ) as general improvements. For the
said Improvements there is hereby appropriated the amount of $386,636, such sum includes the sum of $19,332 as the down payment (the Down Payment ) required by the Local Bond Law of the State of New Jersey Statutes, constituting Chapter 2 of Title 40A of the New Jersey Statutes, as amended and supplemented (the Local Bond Law ). The Down Payment is now available by virtue of provision in one or more previously adopted budgets for down payments or capital improvement purposes. SECTION 2: In order to finance the additional cost of the Improvements not covered by application of the Down Payment, negotiable bonds of the Borough are hereby authorized to be issued in the principal amount of $367,304 pursuant to the provisions of the Local Bond Law (the Bonds ). In anticipation of the issuance of the Bonds and to temporarily finance said improvements or purposes, negotiable bond anticipation notes of the Borough are hereby authorized to be issued in the principal amount of $367,304 pursuant to the provisions of the Local Bond Law (the Bond Anticipation Notes or Notes ). SECTION 3: (a) The Improvements authorized and the purposes for which obligations are to be issued, the estimated cost of each Improvement and the appropriation therefor, the estimated maximum amount of bonds or notes to be issued for each Improvement and the period of usefulness of each Improvement are as follows: Improvements 1. Reconstruction of Johnson Drive, including all necessary curbing and sidewalk improvements, including all work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file in the office of the Clerk and hereby approved. 2. Reconstruction of Roderer Drive, including all necessary curbing and sidewalks improvements, including all work and materials necessary therefor or incidental thereto, all as shown on and in accordance with the plans and specifications therefor on file in the office of the Clerk and hereby approved. Appropriation and Estimated Cost Estimated Maximum Amount o or Notes $111,136 $105,579 35,000 33,250 3. Rebuild various pump station pumps in the Borough, all as shown on 100,000 95,000
and in accordance with the plans and specifications therefor on file in the office of the Clerk and hereby approved. 4. Acquisition of dump trucks for the Public Works Department. 95,000 90,250 5. Undertake study in connection with the acquisition of a right-of-way on Orlando Drive, including all work and materials necessary therefor or incidental 30,000 28,500 thereto, all as shown on and in accordance with the plans and specifications therefor on file in the office of the Clerk and hereby approved. 6. Acquisition of security cameras for municipal parks for the Police Department. 7,500 7,125 7. Acquisition of turnout gear and washer extractor for Fire Department 8,000 7,600 TOTAL ALL PURPOSES $386,636 $367,304 (b) The estimated maximum amount of Bonds or Notes to be issued for the purpose of financing a portion of the cost of the Improvements is $367,304. (c) The estimated cost of the Improvements is $386,636, which amount represents the initial appropriation made by the Borough. The excess of the appropriations made for each of the Improvements over the estimated maximum amount of Bonds or Notes authorized to be issued therefor as stated above is the amount of the Down Payment for each purpose. SECTION 4: All Bond Anticipation Notes issued hereunder shall mature at such times as may be determined by the Chief Financial Officer of the Borough (the Chief Financial Officer ); provided that no Note shall mature later than one year from its date. The Notes shall bear interest at such rate or rates and be in such form as may be determined by the Chief Financial Officer. The Chief Financial Officer shall determined all matters in connection with Notes issued pursuant to this ordinance, and the signature of the Chief Financial Officer upon the Notes shall be conclusive evidence as to all such determinations. All Notes issued hereunder may be renewed from time to time subject to the provisions of Section 8(a) of the Local Bond Law. The Chief Financial Officer is hereby authorized to sell part or all of the Notes from time to time at public or private sale and to deliver them to the purchasers thereof upon receipt of payment of the purchase price plus accrued interest from their dates to the date of delivery thereof. The Chief Financial Officer is directed to report in writing to the Borough Council of the Borough at the meeting next succeeding the date when any sale or delivery of the Notes pursuant to this ordinance
is made. Such report must include the amount, the description, the interest rate and the maturity schedule of the Notes sold, the price obtained and the name of the purchaser. SECTION 5: The capital budget of the Borough is hereby amended to conform with the provisions of this ordinance to the extent of any inconsistency herewith. The resolution in the form promulgated by the Local Finance Board showing full detail of the amended capital budget and capital programs as approved by the Director, Division of Local Government Services, Department of Community Affairs, State of New Jersey is on file with the Borough Clerk and is available for public inspection. SECTION 6: The following additional matters are hereby determined, declared, recited and stated: (a) The Improvements described in Section 3 of this bond ordinance are not current expenses, and are capital improvements or properties that the Borough may lawfully make or acquire as general improvements, and no part of the cost thereof has been or shall be specially assessed on property specially benefited thereby. (b) The average period of usefulness of the Improvements, within the limitations of the Local Bond Law, taking into consideration the respective amounts of all obligations authorized for the several purposes, according to the reasonable life thereof computed from the date of the Bonds authorized by this bond ordinance, is 14.03 years. (c) The Supplemental Debt Statement required by the Local Bond Law has been duly prepared and filed in the office of the Borough Clerk and a complete executed duplicate thereof has been filed in the office of the Director, Division of Local Government Services, Department of Community Affairs, State of New Jersey. Such statement shows that the gross debt of the Borough, as defined in the Local Bond Law, is increased by the authorization of the Bonds and Notes provided in this bond ordinance by $367,304 and the obligations authorized herein will be within all debt limitations prescribed by the Local Bond Law. (d) An aggregate amount not exceeding $50,000 for items of expense listed in and permitted under Section 20 of the Local Bond Law is included in the estimated cost of
the Improvements, as indicated herein. SECTION 7: Any funds or grant monies received from time to time by the Borough as contributions in aid of financing the purposes described in Section 3 of this Ordinance shall be used for financing said Improvements by application thereof either to direct payment of the cost of said Improvements or to the payment or reduction of the authorization of the obligations of the Borough authorized therefor by this Bond Ordinance. Any such funds received may, and all such funds so received which are not required for direct payment of the cost of said Improvements shall, be held and applied by the Borough as funds applicable only to the payment of obligations of the Borough authorized by this Bond Ordinance. SECTION 8: The full faith and credit of the Borough are hereby pledged to the punctual payment of the principal of and interest on the obligations authorized by this bond ordinance. The obligations shall be direct, unlimited obligations of the Borough, and the Borough shall be obligated to levy ad valorem taxes upon all the taxable property within the Borough for the payment of the obligations and interest thereon without limitation of rate or amount. SECTION 9: This Bond Ordinance constitutes a declaration of official intent under Treasury Regulation Section 1.150-2. The Borough reasonably expects to pay expenditures with respect to the Improvements prior to the date that Borough incurs debt obligations under this Bond Ordinance. The Borough reasonably expects to reimburse such expenditures with the proceeds of debt to be incurred by the Borough under this Bond Ordinance. The maximum principal amount of debt expected to be issued for payment of the costs of the Improvements is $367,304. SECTION 10: This bond ordinance shall take effect 20 days after the first publication thereof after final adoption, as provided by the Local Bond Law. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X Lobell X X Carra X Laggini X Wilson X Lamaestra X
INTRODUCTION OF ORDINANCES Ordinance 2010-15 Councilwoman Gara and Council President Carra seconded the adoption of Ordinance 2010-15 on First Reading. Motion carried on the following roll call vote. Prohibit Right Turns from the Rear of the Raritan Mall onto Busky Lane Public Hearing will be held on November 23, 2010 at 8:00 pm. *Councilwoman Wilson, Councilman Lamaestra ad Councilman Laggini abstained due to a lack of time to consider the proposed ordinance document prior to the vote. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT X Gara X Lobell X X Carra X Laggini X Wilson X Lamaestra X Liptak X RESOLUTIONS RESOLUTION - RAILROAD MONTHLY PARKING REFUND Councilman Lobell moved to approve the following resolution and was seconded by Council President Carra. Motion carried on the following roll call vote. WHEREAS, the Administrator has informed the CFO that the purchaser of a monthly parking decal sticker has returned the unused portion of the sticker and has requested that his/her money be refunded. NOW, THEREFORE, BE IT RESOLVED by the Raritan Borough Council that the CFO is hereby authorized to refund monthly Rail Road Parking Decals to the following commuters: Sumit Sachdeva, 27 Huntley Way, Bridgewater, NJ 08807 Nov. & Dec. 2010 - $80.00 MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT Gara X
X Lobell X X Carra X Laggini X Wilson X Lamaestra X RESOLUTION AUTHORIZING ISSUANCE OF RAFFLE LICENSE Councilman Lobell moved to approve the following resolution and was seconded by Council President Carra. Motion carried on the following roll call vote. WHEREAS, the following have made application to the Borough of Raritan, Somerset County, for a Raffle License; and WHEREAS, said applications have been presented to the Governing Body and the Police Department for Findings and Determinations; and WHEREAS, the Clerk has reported that the proper fees have been paid; NOW, THEREFORE, BE IT RESOLVED that the Clerk be instructed to issue a Raffle license to the following: NUMBER NAME OF ORGANIZATION DATE OF RAFFLE RA-517 HAS St. Ann s School 03/12/11 at 6:00-11:00 pm RA-518 HAS St. Ann s School 03/12/11 at 11:00 pm RA-519 HAS St. Ann s School 04/02/10 at 5:00-10:00 pm RA-520 HAS St. Ann s School 04/02/10 at 5:00-10:00 pm RA-521 HAS St. Ann s School 03/12/11 at 11:00 pm MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT Gara X X Lobell X X Carra X Laggini X Wilson X Lamaestra X RESOLUTION - SOCIAL AFFAIR PERMIT Councilman Lobell moved to approve the following resolution
and the motion was seconded by Councilman Laggini. Motion carried on the following roll call vote. WHEREAS, a Social Affair Permit application has been filed by St. Ann s Catholic Church for a Casino Night to be held at the St. Ann School, 29 Second Avenue, Raritan, NJ 08869 on Saturday, March 12, 2011, from 6:00pm - 11:30pm to serve alcoholic beverages; and WHEREAS, that the Chief of Police has no objections to the filing of said application; and WHRERAS, the Borough Clerk has certified that not more than 25 Social Permits have been authorized for these premises during this calendar year and the appropriate fee has been paid; NOW, THEREFORE BE IT RESOLVED by the Mayor and Council of the Borough of Raritan that the Borough Clerk be authorized to sign said application and forward same to the Department of Law & Public Safety, Division of Alcoholic Beverage Control, Trenton, New Jersey. MOTION SECOND NAME YEAS NAYS ABSTAIN ABSENT Gara X X Lobell X Carra X X Laggini X Wilson X Lamaestra X 2010 RESOLUTION - CHAPTER 48 Councilman Lobell moved to approve the following resolution and the motion was seconded by Councilman Laggini. Motion carried on the following roll call vote. A RESOLUTION to adopt the provisions of Chapter 48 (N.J.S.A. 52:14.17.38) under which a public employee may agree to pay for the State Health Benefits Program (SHBP) and/or School Employees Health Benefits Program (SEHBP) coverage of certain retirees. BE IT RESOLVED: 1. The Borough of Raritan, Somerset County, SHBP ID Number 009800, hereby elects to adopt the provisions