N.J. Admin. Code § 5:70-2.19

Current through Register Vol. 56, No. 17, September 3, 2024

Section 5:70-2.19 - Appeals

(a) The person aggrieved may appeal any enforcement action, including rulings, orders, or notices, by submitting a written hearing request as set forth in this section. Either the owner of the premises or of the use, or an authorized agent of the owner, may be a person aggrieved.

1. If from the act of a local enforcing agency, the request shall be made to the Construction Board of Appeals in the municipality where the building, structure or premises is located. If no such Board exists, then the request shall be made to the County Construction Board of Appeals in the county where the building, structure or premises is located. At the time made, a copy of the request shall be sent to the local enforcing agency. (See N.J.A.C. 5:23A)

2. If from the act of the Department the request shall be made to the Hearing Coordinator, Department of Community Affairs, Division of Fire Safety, PO Box 809, Trenton, New Jersey 08625-0809. The hearing shall be conducted by the Office of Administrative Law, with the Commissioner, or his or her designee, issuing the final decision.

3. All hearing requests shall be signed by a proper party and shall include:

i. The date of the act which is the subject of the appeal;

ii. The name and status of the person submitting the appeal;

iii. The specific violations or other act claimed to be in error; and

iv. A concise statement of the basis for the appeal.

(b) Hearing requests shall not be valid unless submitted within 15 days after service of a ruling, order or notice, except in cases of imminent hazards. The right to appeal any order issued during the public health emergency, shall be extended to 15 days from the end of the public health emergency. The preceding sentence shall be retroactive to January 1, 2021, and shall expire April 1, 2021.

(c) In imminent hazard cases, except in emergent circumstances, and in punitive closure cases, the owner shall have a period of 24 hours to request a hearing before the order to close, vacate or remove shall be effective. In emergent circumstances, orders may be effective immediately. Hearing requests within the 24 hour period may be made orally to the person designated on the form served but shall be written in accordance with (a)3 above and served on the enforcing agency at the hearing. At the expiration of 24 hours, if the action required in the order has been taken, the owner shall have a period of 15 days to request a hearing.

1. If a request is made within 24 hours, a hearing shall be conducted and a final decision issued within 48 hours of receipt of the hearing request.

2. If the request is to a Construction Board of Appeals and no final decision is issued within two working days, thereafter, the owner may make written application for a hearing to the Department at the address specified in (a)2 above. The application shall clearly state that it is an imminent hazard appeal and shall identify the local enforcing agency and Construction Board of Appeals. In such case, a hearing shall be held and a final decision issued within three working days from receipt of the request.

3. If the hearing request is made in accordance with the 15 day provision, a hearing shall be held and a final decision issued within seven working days.

N.J. Admin. Code § 5:70-2.19

Modified by Executive Order No. 103(2020) 52 N.J.R. 1308(a), effective 4/29/2020

Modified by Executive Order No. 103(2020) 53 N.J.R. 1049(a), effective 1/1/2021

Amended by 56 N.J.R. 553(b) effective 4/15/2024