Bill Text: NJ A2105 | 2010-2011 | Regular Session | Introduced
Bill Title: Provides for complaint forms to register perceived violations of local zoning ordinances and "State Uniform Construction Code Act."
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-02-11 - Introduced, Referred to Assembly Housing and Local Government Committee [A2105 Detail]
Download: New_Jersey-2010-A2105-Introduced.html
Sponsored by:
Assemblyman HERB CONAWAY, JR.
District 7 (Burlington and Camden)
SYNOPSIS
Provides for complaint forms to register perceived violations of local zoning ordinances and "State Uniform Construction Code Act."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning violations of local zoning ordinances and the "State Uniform Construction Code Act" and supplementing Title 40 and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. The Commissioner of Community Affairs shall promulgate a complaint form on which persons may register any perceived violation of a local zoning ordinance. In municipalities in which the primary language of 10% or more of the registered voters is Spanish, the complaint form shall appear in both English and Spanish. Every municipal clerk shall keep copies of the complaint form readily available, and accompanied by an envelope affixed with the proper postage and the name and address of the municipal clerk. Upon receiving a complaint, the municipal clerk shall assign it a sequential number and enter the name and address of the complainant into a zoning ordinance complaint index book. The clerk shall then redact the name and address of the complainant from the complaint form and substitute the index number before transmitting copies to the municipal planning board and to the Commissioner of Community Affairs.
The index book listing complainants and the numbers of their forms will be maintained by the municipal clerk and shall not be deemed a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.). A complaint form shall be made available for the use of the municipal planning board, the Commissioner of Community Affairs, or any other municipal investigatory agency in order to conduct an investigation into a possible violation of a local zoning ordinance. The original form of the complaint, or a copy, with the complainant's name and address redacted, shall be kept on file with the municipal clerk and with the Department of Community Affairs for two years after the complaint is filed.
b. Monies for postage and other costs related to the complaint process shall be taken from construction permit surcharge fees collected by the municipality.
2. a. The Commissioner of Community Affairs shall promulgate a complaint form on which persons may register any perceived violation of the "State Uniform Construction Code Act," P.L.1975, c. 217 (C. 52:27D-119 et seq.). In municipalities in which the primary language of 10% or more of the registered voters is Spanish, the complaint form shall appear in both English and Spanish. Every municipal clerk shall keep copies of the complaint form readily available, and accompanied by an envelope affixed with the proper postage and the name and address of the municipal clerk. Upon receiving a complaint, the municipal clerk shall assign it a sequential number and enter the name and address of the complainant into a construction code complaint index book. The clerk shall then redact the name and address of the complainant from the complaint form and substitute the index number before transmitting copies to the local code enforcement official and to the Division of Codes and Standards in the Department of Community Affairs.
The index book listing complainants and the numbers of their forms will be maintained by the municipal clerk and shall not be deemed a public record pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.). A complaint form shall be made available for the use of the local code enforcement officer, the commissioner, or any other municipal or State investigatory agency in order to conduct an investigation into a possible violation of the "State Uniform Construction Code Act." The original form of the complaint, or a copy, with the complainant's name and address redacted, shall be kept on file with the municipal clerk and with the Division of Codes and Standards in the Department of Community Affairs for two years after the complaint is filed.
b. Monies for postage and other costs related to the complaint process shall be taken from construction permit surcharge fees collected by the municipality.
3. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Community Affairs to promulgate complaint forms on which persons may register any perceived violation of local zoning ordinances or the "State Uniform Construction Code Act," P.L.1975, c. 217 (C. 52:27D-119 et seq.). In municipalities in which the primary language of 10% or more of the registered voters is Spanish, the complaint form shall appear in both English and Spanish. Every municipal clerk shall keep copies of the complaint forms readily available, and accompanied by an envelope affixed with the proper postage and the name and address of the municipal clerk. Upon receiving a complaint, the municipal clerk shall assign it a sequential number and enter the name and address of the complainant into the zoning ordinance or construction code complaint index book, as appropriate. The clerk shall then redact the name and address of the complainant from the complaint form and substitute the index number before transmitting copies to the municipal planning board and the Commissioner of Community Affairs, in the case of a perceived zoning ordinance violation, or to the local code enforcement official and to the Division of Codes and Standards in the Department of Community Affairs, in the case of perceived violations of the "State Uniform Construction Code Act."
The index books listing complainants and the numbers of their forms will be maintained by the municipal clerk and shall not be deemed public records pursuant to P.L.1963, c.73 (C.47:1A-1 et seq.) and P.L.2001, c.404 (C.47:1A-5 et al.). A complaint form shall be made available for the use of the municipal planning board, the Commissioner of Community Affairs, or any other municipal investigatory agency in order to conduct an investigation into a possible violation of a local zoning ordinance, or for the use of the local code enforcement officer, the Commissioner of Community Affairs, or any other municipal or State investigatory agency, in order to conduct an investigation into a possible violation of the "State Uniform Construction Code Act." The original form of the complaint, or a copy, with the complainant's name and address redacted, shall be kept on file with the municipal clerk and the Department of Community Affairs in the case of a perceived zoning ordinance violation, or with the municipal clerk and with the Division of Codes and Standards in the Department of Community Affairs in the case of a perceived violation of the "State Uniform Construction Code Act," for two years after the complaint is filed.
Monies for postage and other costs related to the complaint process shall be taken from construction permit surcharge fees collected by the municipality.
