Chapter 4   ADMINISTRATION OF GOVERNMENT

 

 

ARTICLE I

Title; Definitions; Application

 

§ 4-1. Short title.

§ 4-2. Definitions.

§ 4-3. Word usage.

§ 4-4. Existing ordinances and resolutions.

§ 4-5. Penalties.

§ 4-6. Repealer.

§ 4-7. Severability.

 

 

ARTICLE II

Council

 

§ 4-8. Legislative power.

§ 4-9. Regular meetings.

§ 4-10. Special meetings.

§ 4-11. Place of meetings.

§ 4-12. Public meetings; informal conferences.

§ 4-13. Mandatory training for councilmembers.

§ 4-13.1. Proof or attendance at training sessions.

§ 4-14. President of Council.

§ 4-15. Clerk of Council.

§ 4-16. Standing committees.

§ 4-17. Adoption of ordinances and resolutions.

 

§ 4-18. Passage of ordinances over veto.

§ 4-19. Failure of Mayor to return ordinance.

§ 4-20. Appointments to office.

 

 

ARTICLE III

Mayor

 

§ 4-21. Powers and duties.

§ 4-22. Acting Mayor.

§ 4-23. Interim appointments.

 

 

ARTICLE IV

Department of Administration

 

§ 4-24. Business Administrator.

§ 4-25. Powers and duties of Business Administrator.

§ 4-25.1. Office of Personnel.

§ 4-25.2. Office of Purchasing.

§ 4-25.3. Office of Parking Utility.

§ 4-25.4. Office of Urban Enterprise Zone (UEZ).

§ 4-25.5. Office of the Business Improvement District (BID).

§ 4-25.6. Office of Harborside Marine Utility.

§ 4-26. Budget preparation.

§ 4-27. (Reserved)

§ 4-28. (Reserved)

§ 4-28.1. Functions of Director of Economic and

   Community Development.

§ 4-29. Appointment and removal of department

            heads.

§ 4-30. Administrative duties of department heads.

 

§ 4-31. Collective bargaining.

§ 4-32. (Reserved)

§ 4-33. Central mail and duplicating.

§ 4-33.1. Division of Finance.

§ 4-33.2. Budgeting.

§ 4-33.3. Division of Revenue.

§ 4-33.4. Water and sewer charges.

§ 4-33.5. Background checks.

 

 

ARTICLE V

City Clerk

 

§ 4-34. Qualifications and appointment.

§ 4-35. General duties.

§ 4-36. Deputy City Clerk.

§ 4-37. Certificates regarding municipal improvements.

§ 4-38. Certificates as to land subdivisions.

§ 4-39. Licensing functions.

§ 4-40. (Reserved)

§ 4-41. Insurance, surety bonds and contracts.

 

 

ARTICLE VI

Nondepartmental Agencies

 

§ 4-42. Citizens' Advisory Council.

§ 4-43. Free Public Library.

§ 4-44. Municipal Court.

§ 4-45. Planning Board.

§ 4-46. Board of Adjustment.

 

§ 4-47. Civil defense and disaster control.

§ 4.48. Volunteer fire companies.

§ 4-49. Housing Authority.

§ 4-50. Reserved.

§ 4-50.1. Human Relations Commission.

§ 4-50.2. Terms of office for certain boards and agencies.

 

 

ARTICLE VII

Department of Law

 

§ 4-51. Department generally.

§ 4-52. Powers and duties of Director of Law.

§ 4-53. Reserved.

§ 4-54. Reimbursement for expenses.

§ 4-55. Approval of deeds and contracts.

§ 4-56. Limitation on power in compromise.

§ 4-57. Appointment of special counsel.

§ 4-58. Conduct of prosecution by Director of Law.

§4-58.1. Municipal Prosecutor.

§ 4-59. Municipal public defender.

§ 4-60. Duties upon leaving office.

 

 

ARTICLE VIII

(Reserved)

 

§§ 4-61 through 4-64. (Reserved)

 

 

ARTICLE IX

(Reserved)

 

§§ 4-65 through 4-66. (Reserved)

 

 

ARTICLE X

(Reserved)

 

§§ 4-67 through 4-69. (Reserved)

 

 

ARTICLE XI

Department of Public Works

 

§ 4-70. Department generally.

§ 4-71. Divisions and bureaus.

§ 4-72. Division of Solid Waste.

§ 4-73. Division of Road Repair and Maintenance.

§ 4-74. Division of Buildings and Grounds.

§ 4-75. Division of Engineering.

§ 4-76. (Reserved)

§ 4-76.1. (Reserved)

§ 4-76.2. Electrical Bureau.

 

 

ARTICLE XII

Department of Human Services

 

§ 4-77. Department generally.

§ 4-78. Offices.

§ 4-79. Office of Recreation.

§ 4-80. Recreational planning.

§ 4-81. Recreational Advisory Committee.

§ 4-82. Repair and maintenance of recreational facilities.

§ 4-83.     Use of recreational facilities.

§ 4-84. Games and concerts sponsored by Office of Recreation; charges and fees.

§ 4-84.1. Rules and regulations for recreational areas.

§ 4-84.2. Office of Social Services and Housing.

§ 4-84.3. (Reserved)

§ 4-84.4. Office of Aging.

 

§ 4-84.5. Office of Public Information.

§ 4-84.6. Office of Vital Statistics.

§ 4-84.7 Municipal Housing Liaison.

 

 

ARTICLE XIII

Police Department

 

§ 4-85. Department generally.

§ 4-86. Organization and administration.

§ 4-87. Traffic Safety Advisory Committee.

§ 4-88. Traffic signs and markers.

§ 4-89. (Reserved)

§ 4-90. (Reserved)

 

 

ARTICLE XIV

Fire Department

 

§ 4-91. Department generally.

§ 4-92. (Reserved)

 

 

ARTICLE XV

Department of Code Enforcement

 

§ 4-93. Department generally.

§ 4-94. Powers and duties.

§ 4-95. Office of Construction and Fire Prevention.

§ 4-96. Office of Housing Inspections.

§ 4-97. Office of Zoning and Planning.

§ 4-98. Master file of buildings.

§ 4-99. Inspection and enforcement.

§ 4-100. Environmental Advisory Committee.

 

 

ARTICLE XVI

(Reserved)

 

§§ 4-101 through 4-109.  (Reserved)

 

 

ARTICLE XVII

Budget and Fiscal Procedures

 

§ 4-110. Fiscal year.

§ 4-111. Budget preparation.

§ 4-112. (Reserved)

§ 4-113. Council action.

§ 4-114. Budget operation.

§ 4-115. Contracts generally.

§ 4-116. Award of contracts.

§ 4-117. Purchasing generally.

§ 4-118. Emergency purchases.

§ 4-119. Purchases by quotation.

§ 4-120. Standards and tests.

§ 4-121. Reports.

§ 4-122. Vouchers and certification.

§ 4-123. Audit, warrant and payment of bills; listing.

§ 4-124. Central payroll.

§ 4-125. Postaudit.

 

 

ARTICLE XVIII

General Provisions

 

§ 4-126. Dual appointments.

§ 4-127. Surety bonds and financial disclosures.

§ 4-128. Disciplinary hearings.

§ 4-129. Public records.

§ 4-130. Delivery of funds and records.

§ 4-131. Public office hours.

§ 4-132. Residence of officers and employees.

§ 4-133. Chapter organization.

 

 

ARTICLE XIX

Tax Assessor

 

§ 4-134. Appointment and duties.

 

 

ARTICLE XX

Department of Water and Wastewater Utility

 

§ 4-135. Department generally.

§ 4-136. Divisions and bureaus.

§ 4-137. Division of Water.

§ 4-138. Division of Wastewater.

 

 

ARTICLE XXI

Citizen Service Act

 

§ 4-139.   Intent and purpose.

§ 4-140.   Definitions.

§ 4-141.   Registry of appointed municipal positions.

§ 4-142.   Vacancies.

§ 4-143.   Filling vacancies.

§ 4-144.   Application for citizen service.

§ 4-145. Applications—public record.

§ 4-146.   Filing applications.

§ 4-147.  Maintaining applications.

§ 4-148.   Filling voluntary municipal positions.

 

[HISTORY: Adopted by the Council of the City of Perth Amboy 7-28-1972 by Ord. No. 1-72. Sections 4-44, 4-77, 4-78D, 4-79, 4-80, 4-81, 4-82 and 4-83 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]

 

 

GENERAL REFERENCES

 

Bonds — See Ch. 10.

Civil Service — See Ch. 16.

Court — See Ch. 27.

Board of Education — See Ch. 34.

Electrical Bureau — See Ch. 38.

Fire Department — See Ch. 44.

Housing Authority — See Ch. 56.

Library Board of Trustees — See Ch. 65.

Parking Authority — See Ch. 78.

Personnel policies — See Ch. 85.

Planning Board — See Ch. 269, Art. I.

Police Department — See Ch. 95.

Salaries and compensation — See Ch. 101.

 

 

 

ARTICLE I   Title; Definitions; Application

 

 

§ 4-1.          Short title. [Amended 10-20-1992 by Ord. No. 643-92]

   This chapter shall be known and may be referred to as the "Administrative Code (1992)."

 

 

§ 4-2. Definitions.

   For the purposes of this chapter and in the interpretation and application of all other ordinances and resolutions heretofore or hereafter adopted by the city, except as the context may otherwise require, the following terms shall have the meanings indicated:

CHARTER - Mayor-Council Plan B of Chapter 210 of New Jersey Laws of 1950, as amended and supplemented,1 and any and all general laws as therein defined which are or may be applicable to the city.

CITY - The City of Perth Amboy in the County of Middlesex, State of New Jersey, as governed by the provisions of the charter.

CLERK or CITY CLERK - The Municipal Clerk duly appointed pursuant to the charter.

CODE - This chapter and any amendment thereof.

DEPARTMENT - An organizational unit or group of organizational units of the city government established or designated as a department by the code.

GOVERNING BODY - The Council created and constituted pursuant to the charter.

MONTH - A calendar month unless otherwise specifically provided.

PERSON - Any corporation, firm, partnership, association, organization or other entity, as well as an individual.

YEAR - A calendar year unless otherwise specifically provided.

1Editor's Note: See N.J.S.A. 40:69A-49 through 40:69A-54. See also N.J.S.A. 40:69A-26 through 69A-30, 69A-48 through 69A-48 and 69A-150 through 69A-210.

 

 

§ 4-3.           Word usage.

   For the purposes of this chapter and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:

A.   The present tense includes the past and future tenses, and the future, the present.

B.   The masculine gender includes the feminine and neuter genders.

C.   The singular number includes the plural, and the plural, the singular.

D.   The time within which an act is to be done shall be computed by excluding the first day and including the last day, and if the last day should be a Sunday or a legal holiday, that day shall be excluded.

E. "Writing" and "written" include printing, typewriting, stencil duplicating and any other visual mode of reproducing words or figures on paper or paper-like material which is in general use.

 

 

§ 4-4.      Existing ordinances and resolutions.

   All ordinances and resolutions heretofore adopted by the city and in force and effect on July 1,1972 shall remain in full force and effect to the extent that they are not inconsistent with the Charter or code.

 

 

§ 4-5.   Penalties.

   In addition to such other sanctions as may be provided by law, a violation of any ordinance for which no penal sanction is otherwise provided shall be punishable as provided by N.J.S.A. 40:49-5.

 

 

§ 4-6.   Repealer.

A.   All ordinances and parts of ordinances heretofore enacted which are inconsistent with any provision of the Charter or of this chapter are, to the extent of such inconsistency, hereby repealed.

B.   The repeal of any ordinance or part thereof by this chapter or by any other ordinance shall not revive any former ordinance or part thereof which may have been repealed by such repealed ordinance or part thereof.

 

 

§ 4-7. Severability.

   If any article, section or part of this chapter shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such article, section or part shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining articles, sections or parts of this chapter.

 

 

ARTICLE II   Council

 

§ 4-8. Legislative power.

   Pursuant to the Charter, the legislative power of the city will be exercised by the Council.

 

 

§ 4-9.      Regular meetings. [Amended 10-7-1980 by Ord. No. 260-80; 6-3-1981 by Ord. No. 273-81; 10-20-1992 by Ord. No. 643-92; 8-6-1996 by Ord. No. 853-96; 7-9-1997 by Ord. No. 901-97; 11-23-1998 by Ord. No. 972-98; 8-9-2000 by Ord. No. 1040-2000; 6-10-2009 by Ord. No. 1468-2009; 9-8-2010 by Ord. No. 1525-2010]

A.   The regular meetings of the Council will be held on the second and fourth Wednesday of each month at 7:00 p.m., except during July, August and December when regular meetings will be held on the second Wednesday only, provided that, when any such day falls upon a legal holiday, the meeting shall be held at a time pursuant to the Open Public Meetings Act.

B.   On the Monday of each week during which a regular meeting of the Council is scheduled, the Council will hold a caucus meeting commencing at 4:30 p.m. for the purpose of discussing municipal matters. At a caucus meeting the Council may move into closed session to discuss any matter from which the public may be excluded pursuant to the Open Public Meetings Act. The City Council reserves the right to take action at a caucus meeting in accordance with the terms of the Open Public Meetings Act should circumstances warrant it. [Amended 1-26-2011 by Ord. No. 1542-2011]

C. Reserved. [Repealed 1-26-2011 by Ord. No. 1542-2011]

 

 

§ 4-10.       Special meetings. [Amended 10-20-1992 by Ord. No. 643-92]

   As provided by the Charter, the Mayor may, and upon written request of a majority of the Council members shall, call a special meeting of the Council. The President of the Council may also call a special meeting of the Council whenever the President deems it necessary. The call shall designate the purpose of the special meeting, and no other business shall be considered at such meeting. The call for a special meeting by the Mayor, Council members or President of Council shall be filed with the Municipal Clerk during regular business hours at least forty-eight (48) hours before the time for which the meeting is called, and the Clerk shall forthwith serve notice thereof upon each of the Council members by leaving a copy of the call at their respective residences and by telephone communication, if possible, at such place as each Council member may designate in writing. The Clerk shall also forthwith release copies of the call to the press and post at least one (1) copy in a prominent place near the entrance to the Clerk's office.

 

 

§ 4-11.           Place of meetings.

   Regular and special meetings of the Council shall be held either in City Hall or in a public school building as determined by Council by resolution adopted prior to the meeting, except that a meeting may be adjourned from one place to another whenever Council determines that the convenience of the citizens present would be served by such move.

 

 

§ 4-12.         Public meetings; informal conferences. [Amended 12-10-2003 by Ord. No. 1227-2003]

   All meetings of the Council shall be open to the public. The Council may also hold informal conferences at such other times and places as it may determine, and attendance at such conferences shall be limited to such persons as the Council may authorize.

 

 

§ 4-13. Mandatory training for council members. (Added 10-13-2010 by Ord. No. 1530-2010]

   Every member of the Perth Amboy City Council shall be required to attend training as a member of a municipal governing body in the State of New Jersey, consisting of at least the following:

A.   Within twelve (12) months of assuming office, or within six (6) months of the effective date of this ordinance, (i) newly elected official training offered by the New Jersey League of Municipalities; (ii) powers and duties of local elected officials training offered by the Center for Government Services of Rutgers, the State University of New Jersey, or a comparable program offered by an accredited institution in the State of New Jersey.

B.   An annual update or seminar for municipal officials offered by the New Jersey League of Municipalities or comparable institution during each subsequent year in office.

 

§ 4-13.1.           Proof of attendance at training sessions. [Added 10-13-2010 by Ord. No. 1530-2010]

   Each member of the City Council shall annually file with the City Clerk written proof of attendance at the required training.

 

§ 4-14.   President of Council. [Amended 10-20-1992 by Ord. No. 643-92]

A. Pursuant to the Charter, the Council, at its organizational meeting after each election for Council members, shall elect a President of the Council from among its members to serve until the election and qualification of a successor. In the absence of the President of the Council, the Council shall elect a temporary presiding officer, who shall have all the functions, powers and duties of the President during the absence.

B.   The President of the Council shall preside at its meetings. The President shall preserve order and decorum at all meetings of the Council. The President shall state every question coming before the Council, announce the decisions of the Council and decide all questions of order, subject to appeal to the Council. The President may vote on all questions and shall be called last. The President shall appoint all special committees of the Council and shall sign all ordinances and resolutions adopted by the Council during the President's presence.

 

 

§ 4-15.          Clerk of Council. [Amended 10-20-1992 by Ord. No. 643-92]

   The City Clerk shall serve as Clerk of the Council, keep a journal of Council proceedings and record the minutes of every meeting. The Clerk shall have such other functions, powers and duties as are provided by the code.

 

 

§ 4-16.    Standing committees.

   There shall be no standing committee of the Council other than the committee of the whole. The President of the Council shall be the presiding officer of the committee of the whole, and the rules of procedure in the Council shall be observed in the committee of the whole as far as the same may be applicable.

 

 

§ 4-17.    Adoption of ordinances and resolutions.

A.   All ordinances shall be prepared by the Department of Law upon direction of the Council or the Mayor. Prior to introduction, each proposed ordinance requiring or permitting administrative action shall be submitted to the Business Administrator and the department head concerned, each of whom shall submit to the Council an opinion as to the administrative implications of the proposed ordinance or resolution.

B.   An ordinance or resolution may be introduced by any member of the Council. Each ordinance and resolution shall be limited to a single object, which shall be expressed in its title. After the first reading of an ordinance, it shall be referred to the committee of the whole. Each resolution shall also be referred to the committee of the whole upon its introduction unless the Council shall provide for its immediate passage.

C.   All ordinances shall be introduced, read, heard and enacted in the manner provided by general law. Each ordinance passed by the Council shall be promptly delivered by the Clerk to the Mayor. Each ordinance shall be returned by the Mayor to the Clerk after the Mayor has affixed his signature thereto or after the expiration of 10 days from the date of its delivery to the Mayor in any event.

D.   No ordinance other than the local budget ordinance shall take effect less than 20 days after its final passage by Council and approval by the Mayor, where such approval is required, unless the Council shall adopt a resolution declaring an emergency and at least four of the Council members vote in favor of such resolution. [Amended 10-20-1992 by Ord. No. 643-92]

 

 

§ 4-18.      Passage of ordinances over veto.

   The Council will reconsider any ordinance returned by the Mayor without his approval, pursuant to the charter. Such reconsideration of the ordinance or any item or part thereof from which the Mayor is constrained to withhold his approval shall be at the next meeting of Council which (occurs not less than three (3) nor more than thirty (30) days following the return of the ordinance by the Mayor. Whenever an ordinance has been reconsidered by the Council following a veto by the Mayor, the Clerk shall append to such ordinance a certification of the action of the Council upon such reconsideration in substantially the following form:

I HEREBY CERTIFY that the above ordinance adopted by the Council on the ……….day of 19 ..... was delivered to the Mayor on the …….. day of ……………19…….and was returned to me on the ……. day of ……………………. together with the Mayor's statement of the reasons for which he was constrained to withhold his approval of such ordinance. item or part thereof. On reconsideration thereof on the ………… day of …………, (the Council duly resolved by the affirmative vote of 4 of its members to enact such ordinance, item or part thereof notwithstanding the Mayor's veto) or (the Mayor's veto was sustained).

Dated:

Clerk_________________________________________

 

 

§ 4-19.       Failure of Mayor to return ordinance.

   Whenever an ordinance shall take effect without the Mayor's signature by reason of his failure to return it to the Council by filing it with the Clerk within ten (10) days after it has been presented to him, the Clerk shall append to such ordinance as engrossed a certificate in substantially the following form:

I HEREBY CERTIFY that the above ordinance was adopted by the Council on the ……….. day of ……….. 19…... and was presented to the Mayor duly certified on the day of……………………and upon his failure to sign it or to return and file it with the Clerk within 10 days thereafter, the said ordinance took effect in like manner as if the Mayor had signed it.

Dated:

Clerk_________________________________________

 

 

§ 4-20. Appointments to office.

A. Nominations submitted by the Mayor will be considered in committee of the whole at an agenda conference and may be reported to the Council at a regular meeting. Any member of the Council may move a nomination.

B.   With respect to appointments to be made by the Council, any member of the Council may nominate as many candidates as there are offices to be filled. The Council will consider such nominations in committee of the whole, which will report to a regular meeting the Council. Where there is a single office to be filled, the sense of the Council on the appointment shall be taken as to each nominee, and the nominee receiving a majority shall be deemed appointed. Where there is more than one (1) office to be filled, such as on a board, commission or authority, the same procedure shall be followed with respect to each office separately until the total number of appointments to be made has been completed. In the discretion of the chair, a group of nominations may be considered at once where there is no apparent division in the Council as the nominees included in the group.

 

 

ARTICLE III   Mayor

 

§ 4-21. Powers and duties.

   The Mayor shall be the chief executive and administrative officer of the city. He shall:

A.   Enforce the charter and ordinances of the city.

B. Supervise all of the departments of the city government.

C.   Require each department to make an annual and such other reports of its work as he may deem desirable.

D.   Appoint all officers and employees for whose election or appointment no other provision is made by charter or ordinance.

E.   From time to time make such recommendations for action by the Council as he may deem in the public interest.

F.   Report annually at the beginning of the year to the Council and the public on the work of the previous year and the conditions and requirements of the city government for the current year.

G.   Have such other functions, powers and duties as are provided by the charter and code.

 

 

§ 4-22.         Acting Mayor.

   As provided by the charter (N.J.S.A. 40:69A-42), the Mayor shall designate the Business Administrator, any other department head or the City Clerk to act as Mayor whenever the Mayor shall be prevented by absence from the municipality, disability or other cause from attending to the duties of his office. During such time the person so designated by the Mayor shall possess all the rights, powers and duties of the Mayor. Whenever the Mayor shall have been unable to attend to the duties of his office for a period of sixty (60) consecutive days for any of the above-stated reasons, an Acting Mayor shall be appointed by the Council, who shall succeed to all the rights, powers and duties of the Mayor or the then-Acting Mayor until the Mayor resumes the duties of his office. In that event a Councilman may be appointed by the Council as Acting Mayor, but during his service in that capacity he shall not have, exercise or discharge any of the functions, powers or duties of a Councilman.

 

 

§ 4-23.       Interim appointments.

   Whenever a vacancy exists in any office required by the charter or code to be filled by the Mayor with the advice and consent of the Council and there is no holdover incumbent, the Mayor may temporarily fill such vacancy (in the absence of any contrary provision in the charter or ordinances) by appointing an acting officer. Such appointee shall have all of the functions, powers and duties of the office until it shall be filled permanently. Any such appointment shall terminate not later than ninety (90) days after the date of the appointment, unless the Council shall by resolution authorize one or more extensions of such period.

 

 

ARTICLE IV   Department of Administration

 

§ 4-24.     Business Administrator.

A.   There shall be a Department of Administration, the head of which shall be the Business Administrator. Prior to his appointment the Business Administrator shall have such qualifications as are required by the charter.

B.   In the event of the removal or failure of reappointment of the Business Administrator, the Administrator shall be entitled to a three-months' written notice of the removal or non-reappointment, or if the Mayor determines that the removal shall be immediate, then the Administrator shall be paid any unpaid balance of his or her salary as of the date of removal or non-reappointment and may be paid his or her salary for a maximum of the next three (3) months following the effective date of the Mayor's action unless the removal is for good cause. For the purposes of this subsection, "good cause" shall mean conviction of a crime or offense involving moral turpitude, the violation of the provisions of section 17-14, 17-15, 17-16, or 17-18 of P.L. 1950, c.210 (C.40:69A-163 through 40:69A-167), or the violation of any code of ethics in effect within the municipality. [Added 11-2-2008 by Ord. No. 1448-2008; amended 9-26-2018 by Ord. No. 1893-2018]

 

 

§ 4-25.       Powers and duties of Business Administrator.

   Under the direction and supervision of the Mayor, the Business Administrator shall:

A.   Serve as chief of staff to the Mayor.

B. Supervise the management, planning and operations of all departments; provided that such supervision shall not extend to the exercise of the control function in the management of the finances of the city, which is required by the charter (N.J.S.A. 40:69A-48) to be exercised by an officer of the city other than the Business Administrator.

C. Prescribe and enforce rules and regulations for the efficient management of the city government not inconsistent with the charter and code.

D. Coordinate the operation and administration of the various departments, divisions, offices and agencies of the city government.

E. Maintain a continuing review and analysis of budget operations, work programs and costs of municipal services.

F.   Assign and transfer employees temporarily from one department to another as efficient administration may require, provided that any such assignment or transfer shall not affect the civil service classification, status compensation of any employee.

G. Develop, prescribe and enforce rules and regulations for the efficient management of the city government, for the avoidance of any duplication or overlapping of effort among the departments or among units within a department, and for the improvement of methods and procedures of administration.

H.   Assign office space, furniture and facilities among and within departments.

I. Maintain an inventory and depreciation schedule of all property owned by the city and have custody of all municipal property, real and personal, not assigned to any other department.

J. Maintain a continuing review of federal and state aid programs of interest to the city to assure that the city shall receive any and all aids to which it may be legally entitled.

K.   Attend meetings and conferences of Council upon request of Council.

 

 

§ 4-25.1.        Office of Personnel. [Amended 10-20-1992 by Ord. No. 643-92; 9-25-1996 by Ord. No. 862-96; 12-10-2008 by Ord. No. 1451-2008]

   Within the Department of Administration there shall be an Office of Personnel, the head of which shall be the Business Administrator who shall:

A.   Develop and administer the city's personnel program, including up-to-date job classifications and pay plans, active recruitment of needed personnel and in-service training programs.

B.   Design, install and maintain personnel records for each city officer and employee, including a job description and qualifications required, the education, training and experience of the employee, any professional or trade licenses held, all personnel actions taken with respect to the employee, compensation, civil service and pension status and such other pertinent information as the Business Administrator may determine.

C. Develop, install and administer an orderly procedure for the consideration, review and adjustment of employee grievances subject to any requirements in collective bargaining agreements.

D. Coordinate the processes of appointment and removal of municipal employees within the various departments, and to this end review and approve proposed appointments, promotions, transfers and discharges of personnel prior to any such action by any department.

E. Supervise all employees performing personnel services.

 

 

§ 4-25.2.        Office of Purchasing. [Amended 10-19-1976 by Ord. No. 108-76; 9-25-1996 by Ord. No. 862-96; 12-10-2008 by Ord. No. 1451-2008]

   Within the Department of Administration there shall be an Office of Purchasing, the head of which shall be the Business Administrator who shall design, install and maintain a system of centralized purchasing, as otherwise required by the City  Code, and shall administer the purchasing provisions of the City Code (See Article XVII).

 

 

§ 4-25.3.        Office of Parking Utility. [Added 12-10-2008 by Ord. No. 1451-2008]

   Within the Department of Administration there shall be an Office of Parking Utility, the head of which shall be the Manager of the Parking Utility, which can be the Business Administrator with no additional compensation. The Manager, appointed by the Business Administrator, shall:

A.   Assure that the parking regulations of the city are properly enforced.

B. Supervise the staff allotted to the Office in accordance with performance standards set forth by the statutes of the State of New Jersey, ordinances of the City of Perth Amboy and generally accepted accounting and management practices as enunciated by the Business Administrator.

C. Maintain a strict accounting of all revenues and expenditures in accordance with regulations promulgated by the Division of Local Government Services, the Chief Financial Officer and the City Auditor.

D.   And carry out such other duties and responsibilities as may be established by the Business Administrator.

 

§ 4-25.4.        Office of Urban Enterprise Zone (UEZ). [Added 12-10-2008 by Ord. No. 1451-2008]

A.   Within the Department of Administration there shall be an Office of the Urban Enterprise Zone (UEZ), the head of which shall be the Manager of the UEZ, which can be the Business Administrator with no additional compensation. The Manager, appointed by the Business Administrator, shall:

(1) Comply with all statutes and regulations affecting the UEZ.

(2) Implement, manage and administer the zone development plan.

(3) Report to the Business Administrator regularly on the activities of the UEZ.

(4) Carry out the assignments of the Business Administrator regarding UEZ activities.

(5) Manage the application process, budgeting and allocation of grants under the program.

(6) Work in conjunction with the UEZ Advisory Committee to develop a development strategy, multiyear capital program and plan of action, present same to the UEZ Advisory Committee, Business Administrator, Mayor and City Council for review and approval.

B.   Urban Enterprise Zone Advisory Committee. Within the Office of Urban Enterprise Zone, there shall be an Advisory Committee with the following responsibilities:

(1) Represent commercial and residential interests with the zone boundaries.

(2) Meet as frequently as is necessary to consider development of a zone development plan, zone project plans, policy development plans and strategies to advance the interests of the area within the zone.

(3) Monitor the implementation of the plan by the Manager of the UEZ.

(4) Provide advice to the Manager of the UEZ, Business Administrator and Mayor regarding activities and project for the zone.

   The UEZ Advisory Committee shall be composed of nine (9) members appointed for three (3) year terms, each commencing July 1. Committee membership shall be broadly representative of the business and communities within the zone and the municipality. Members shall be appointed by the Mayor. The initial terms of office shall be for staggered terms: three (3) for one (1) year, three (3) for two (2) years and three (3) for three (3) years. The initial terms shall be retroactive to July 1, 2008. Thereafter all terms shall be for three (3) years.

 

 

§ 4-25.5.        Office of the Business Improvement District (BID). [Added 12-10-2008 by Ord. No. 1451-2008]

   Within the Department of Administration there shall be an Office of the Business Improvement District, the head of which shall be the Manager of the BID, which can be the Business Administrator with no additional compensation. The Manager, appointed by the Business Administrator, shall provide support for the Board of Directors of the BID. The Manager shall also integrate the work of the Manager of the UEZ and the Parking Utility with the activities of the BID.

   Nothing shall prevent the same person holding more than one (1) position as Manager of these offices (Parking Utility, UEZ and BID), but in no event shall the person be paid for more than one (1) position.

 

§ 4-25.6.        Office of Harborside Marina Utility. [Added 4-10-2013 by Ord. No. 1674-2013]

A.   The City shall create within the Department of Administration, an Office of Harborside Marina Utility, for the purposes of assuming the operation of, and the services previously provided by the Port Authority. The Office of the Harborside Marina Utility shall be managed and overseen through the Department of Administration and the duties shall be assigned by the Business Administrator to any available qualified personnel. The Office of the Harborside Marina Utility shall:

(1) Assure that the regulations for the operations and facilities of the port facilities of the City of Perth Amboy are properly enforced.

(2) Perform its functions in accordance with the performance standards set forth by the statutes of the State of New Jersey, ordinances of the City of Perth Amboy and generally accepted accounting and management practices as enunciated by the Business Administrator.

(3) Maintain a strict accounting of all revenues and expenditures in accordance with regulations promulgated by the Division of Local Government Services, the Business Administrator, the Chief Financial Officer of the City and the City Auditor.

(4) And carry out such other duties and responsibilities as may be established by the Business Administrator, from time-to-time and at any time, regarding the activities of the Harborside Marina Utility of the City of Perth Amboy.

B.   To the extent reasonably feasible, the Harborside Marina Utility shall generate adequate revenue to support all costs associated with the management, administration and day-to-day operations of the Marina and port facilities of the City of Perth Amboy. Moreover, to the extent reasonably feasible, the Harborside Marina Utility shall also be responsible to contribute appropriate amounts to the current Fund of the City of Perth Amboy to offset debt service costs related to improvements to the Marina and port facilities of the City of Perth Amboy.

C.   The Harborside Marina Utility shall utilize a form approved by the Business Administrator and the Chief Financial Officer of the City of Perth Amboy that records all pertinent information regarding slips and other assets rented to the public. Minimum information to be included on said form shall be:

(1) Name and all contact information of renter;

(2) Make, model, size and insurance information on all assets utilizing the marina (e.g. pleasure and service boats, commercial vessels, vending machines, concessions, etc.); and

(3) Registration information on all assets.

D.   The City of Perth Amboy hereby establishes the following rental rates for slips, based on the size of the slip rented.  Providing all slips are rented, the Harbormaster has the authority to rent any unoccupied slips not by slip size but by boat size. [Amended 12-10-2014 by Ord. No. 1749-2014; 3-9-2016 by Ord. No. 1805-2016]

(1) Summer Season-April 15 through November 15

(a) Slip Rental:

 

Minimum

Maximum

[1]     Resident of Perth Amboy [Amended 9-23-2015 by Ord. No. 1786-2015; Ord. No. 1805-2016]

$91.00

$98.00

per foot

[2]     Nonresident [Amended 9-23-2015 by Ord. No. 1786-2015; Ord. No. 1805-2016]

$113.00

$120.00 per foot

[3]     Moorings

$1,800.00

$2,000.00 per season

[4]     In excess of fifty (50) feet

$8,500.00

$9,500.00 per season

(b) Additional Seasonal Services: (Ord. No. 1805-2016)

 

Minimum

Maximum

[1]     Electricity [Amended 9-23-2015 by Ord. No. 1786-2015; Ord. No. 1805-2016]

 

 

$6.00 per foot up to 22 per foot

$132.00

$132.00

$8.00 per foot

23' to 29'

$184.00

$232.00

$12.00 per foot

30+ per foot

$360.00

 

[2]     Electricity with Air Conditioning & Refrigeration

$8.00

per foot

 

[3]     Dock Box

$75.00

per season

 

[4]     Key Security deposit

$50.00

 

(c) Transient Dockage:

[1]     1-4 hour stay

$1.00

$2.00/foot of space utilized

[2]     Over 4 hour stay, maximum 3 days

$2.00

$4.00/foot of space utilized per day

[3]     Commercial Pickup and Drop Off

$250 per season with a slip; $350 per season without slip

[4]     Slip in excess of

          75 feet

$30/foot/week or $75/foot/ month

(d) Beginning on May 1st of each season, unrented slips will be made available on a monthly basis. The monthly fee is to be calculated as the summer season fee (based on per foot and resident/non-resident) divided by seven (7) months. [Added 5-13-2015 by Ord. No. 1765-2015]

(e) Beginning on May 1st of each season, unrented slips will be made available on a daily rental basis. The daily fee is to be calculated as the summer season fee (based on per foot and resident/non-resident), divided by 215 days. [Added 5-13-2015 by Ord. No. 1765-2015]

(2) Winter Season-November 15 through April 15

(a) Slip Rental-Seasonal:

[1]     Electricity

          [Added 9-23-2015 by Ord. No. 1786-2015; Ord. No. 1805-2016]

$100.00

a month

$500.00

per season

[2]     W/O electric [Amended 9-23-2015 by Ord. No. 1786-2015]

$26.00

$30.00/foot boat size

(b) Slip Rental-Daily:

 

Minimum

Maximum

[1]     20 feet to 24 feet

$12.00

$15.00 per day

[2]     25 feet to 30 feet

$15.00

$19.00 per day

[3]     30 feet to 35 feet

$18.00

$24.00 per day

[4]     33 feet or longer

$21.00

$27.00 per day

(c) Additional Season Services:

[1]     Electricity

$60.00

$90.00 per season

[2]     Refrigeration

$20.00

$30.00 per season

[3]     Key Security deposit

$50.00

 

(d) Transient Dockage:

[1]     1-4 hour stay

$0.75 - $1.25/foot of space utilized

[2]     Over 4 hour stay,

    max 3 days

$1.50 - $3.00/foot of space utilized/day

[3]     Commercial Pickup and Drop Off

$250.00 per day

(3) Credit Card Fee of 1% $1.00

[Amended 9-23-2015 by

      Ord. No. 1786-2015; Ord. No. 1805-2016]

       The Office of Harborside Marina Utility shall from time to time, when necessary, fix and publish the rental rates charged for use of the Marina and facilities, within the minimum and maximum amount set forth above, and adjust the credit card fees as necessary so that the revenues will at all times be adequate to pay the expenses of the management, administration and day-to-day operations of the Marina and port facilities.

 

 

§ 4-26.        Budget preparation.

   The Business Administrator shall:

A. Prescribe and install uniform forms and procedures for budget preparation by all departments.

B.   Assist the Mayor in the review and analysis of budget requests and in the preparation of the budget document.

C.   Assist the Mayor in conducting departmental public hearings upon budget requests as required by the charter (N.J.S.A. 40:69A-45).

D.   Prepare and administer a system of work programs and quarterly allotments for operation of the city budget.

E.   Develop and report appropriate unit costs of budget operations and recommend to the Mayor and Council such measures as may be necessary or desirable to achieve maximum economy and efficiency in city expenditures.

 

 

 

§ 4-27. (Reserved)

Editor's Note: Former Section 4-27, Office of Personnel, previously codified herein, was renumbered as Section 4-25.1 by Ordinance No. 1451-2008.

 

§ 4-28. (Reserved)

Editor's Note: Former Section 4-28, Office of Purchasing, previously codified herein, was renumbered as Section 4-25.2, by Ordinance No. 1451-2008.

 

§ 4-28.1.    Functions of Director of Economic and Community Development. (Amended 10-20-1992 by Ord. No. 643-92]

   Within the Department of Administration there shall be a Division of Economic and Community Development, the head of which shall be the Director appointed by the Mayor. The Director of Economic and Community Development, qualified by training and experience for the duties of his position, shall, under the direction and supervision of the Business Administrator:

A. Investigate and seek alternative funding resources from the appropriate federal and state agencies, with emphasis upon assisting the Business Administrator it centralizing and coordinating these activities.

B.   Assist in special municipal project administration, with emphasis upon economic and community development.

C.   Provide technical assistance to existing municipal advisory bodies.

D.   Serve as project administrator for marina and waterfront development, rehabilitation of historic sites and such other projects as assigned by the Mayor and Business Administrator.

E. Administer the Community Development Block Grant Program.

F.   Serve as liaison to the Downtown Perth Amboy Business Improvement District.

 

 

§ 4-29. Appointment and removal of department heads.

   As provided by the charter:

A.   Each department shall be headed by a Director, who shall be appointed by the Mayor with the advice and consent of the Council. Each department head shall serve during the term of office of the Mayor appointing him and until the appointment and qualification of his successor.

B.   The Mayor may, in his discretion, remove any department head after notice and an opportunity to be heard. Prior to removing a department head the Mayor shall first file written notice of his intention with the Council, and such removal shall become effective on the 20th day after the filing of such notice unless the Council shall prior thereto have adopted, by the affirmative vote of four members of the Council, a resolution disapproving the removal. Council, in its discretion, may review the record of the hearing before the Mayor prior to consideration of a notice of removal filed by the Mayor.

 

 

§ 4-30. Administrative duties of department heads.

   The head of a department, subject to the charter, this chapter and the direction and supervision of the Mayor, shall:

A. Prescribe the internal organization of the work of his department.

B.   Direct and supervise the subordinate officers and employees of the department and make, alter and enforce individual work assignments.

C. Approve or disapprove payrolls, bills and claims chargeable to the departmental appropriations.

D. Maintain such records of work performance and unit costs thereof as may be approved or required by the Business Administrator.

E.   Provide such information and reports on the work of the department as may from time to time be required by the Mayor or Council.

F. Exercise such other or different powers of administrative supervision and direction as the Mayor may delegate to him.

 

 

§ 4-31.   Collective bargaining.

   The Business Administrator or a department head may at any time recommend to the Mayor that the city enter into collective bargaining with an appropriate bargaining unit of city employees, to agree upon compensation, working conditions, fringe benefits and other aspects of the employment relationship to the extent permitted by law. Upon such recommendation the Mayor may designate an advisory panel of three citizens of demonstrated competence in labor relations and a negotiating panel of three city officers, one of whom shall be a Councilman, to represent the city. Neither panel may bind the city to any agreement. The Mayor and Council will receive and accept the recommendations of the panels and will consider and endeavor to effectuate them within the limitations of the legal authority, budgetary requirements, financial commitments and resources of the city government.

 

 

§ 4-32. (Reserved)2

2Editors Note: Former § 4-32. Public information; complaints, was repeated 10-20-1992 by Ord. No. 643-92.

 

 

§ 4-33.       Central mail and duplicating.

   The Business Administrator may establish and provide for the administration of a central mail and duplicating facility for use of the departments housed at City Hall.

 

 

§ 4-33.1.       Division of Finance. [Added 9-25-1996 by Ord. No. 862-96]

   Within the Department of Administration there shall be a Division of Finance, the head of which shall be the Chief Financial Officer (CFO) who shall be appointed in the manner and for the term prescribed by law. Under the direction and supervision of the Business Administrator, to the extent authorized by N.J.S.A. 40:69A-44(e), the Division shall:

A. Develop, maintain and enforce a uniform system of accounts, including forms, standards and procedures, for all departments of the city government.

B. Maintain and operate the city's central bookkeeping and accounting records according to sound accounting principles and in accordance with the requirements of the State Division of Local Finance or its successor.

C. Preaudit all receipts and disbursements of the city government and of each of its departments, and preaudit all bills, claims and demands against the city, including payrolls.

D.   Control all expenditures to ensure that budget appropriations are not exceeded and maintain such books and records as may be required for the proper exercise of such budgetary control, including an encumbrance system of budget operation.

E.   Review each proposed expenditure and commitment to be made on behalf of any department for conformity with the Charter, Code and ordinances of the city, and authorize only such expenditures and commitments as conform to all the requirements thereof.

F.   Certify as to each ordinance or resolution which provides for the expenditure of funds of the city that such funds are available and that such expenditure does not exceed the applicable budget appropriation.

G.   Except as may otherwise be provided by resolution adopted pursuant to the Local Bond Law, the CFO shall sell and award bonds in accordance with the advertised terms of public sale. The CFO shall report in writing to the City Council at the next meeting thereof as to the principal amount, interest rate and maturities of the bonds sold, the price obtained and the name of the purchaser.

H.   The CFO shall also supervise the administration of municipal debt and the receipt and delivery of bonds and notes for transfer, registration or exchange, subject to the provisions of the Local Bond Law (N.J.S.A. 40A:2-1 et seq.).

I.    The CFO shall also have custody of all investments and invested funds of the city or in its possession in a fiduciary capacity, except as otherwise provided by law, and shall keep such funds and all city moneys not required for current operations safely invested or deposited in interest-bearing accounts.

J.    The CFO shall assist the Mayor and Business Administrator in the preparation and execution of the annual budget and shall provide such financial reports to the City Council through the Business Administrator as are required by the Code and as may be from time to time requested by the City Council.

K.   The CFO shall report from time to time as the Business Administrator may require on matters which relate to the functions and operations of the Division.

 

 

§ 4-33.2.  Budgeting. [Added 9-25-1996 by Ord. No. 862-96]

   The Chief Financial Officer shall include in any uniform system of accounts, subject to the approval of the Business Administrator, appropriate provision for the preparation of such records and reports as may be necessary or desirable for the determination of the cost of performance of each functional program or activity, measured in such work units as may be appropriate thereto, insofar as feasible, and such data, records and reports as may be prescribed or approved by the Business Administrator for the preparation and execution of a capital budget, to give effect to city improvement programs.

 

 

§ 4-33.3.       Division of Revenue. [Added 9-25-1996 by Ord. No. 862-96]

   Within the Department of Administration there shall be a Division of Revenue. The head of the Division shall be the Tax Collector, who shall be appointed in the manner, and for the term prescribed by law, and shall have such tenure as provided by law. The Tax Collector shall exercise the powers and duties provided by applicable law and regulations. Under the direction and supervision of the Business Administrator to the extent authorized by applicable law, the Division shall:

A. Perform the functions of a collector of property taxes under general law, including with limitation thereto the preparation and mailing of tax bills, the enforcement of tax collections by tax sales and otherwise and the maintenance of tax accounting records in such manner as be prescribed or approved pursuant to the Charter and Code, provided that nothing herein shall be construed to prevent or impair the common use of electronic computer facilities by the Division of Revenue and the Division of Assessments.

B. [Amended 10-13-1999 by Ord. No. 1004-99]

(1) Receive and collect all current and delinquent property taxes and charge and receive penalties and interest pursuant to law and any water and sewer charges or any other fees or payments due to the City of Perth Amboy.

(2) Pursuant to the authority granted in N.J.S.A. 40:5-18, collect a service charge in the amount of twenty dollars ($20.) for each check or other written instrument which is tendered to the city for payment on account of taxes or other indebtedness owed to the city, which check or written instrument is returned for insufficient funds. Further, any future payments to be tendered to the city by the payer of any such check or written instrument which was returned for insufficient funds shall only be made in either cash or by bank certified check or bank cashier’s check.

(3) Pursuant to the authority of N.J.S.A. 54:4-64(d), collect a service charge of five dollars ($5.) for the first duplicate tax bill issued and twenty-five dollars ($25.) for each subsequent duplicate tax bill issued in the same year to any mortgagee, servicing organization or property tax process organization which requests a copy of any tax bill. For the purposes of this section, mortgagee, servicing organization and property tax processing organization shall have the same meanings as the terms have pursuant to Section 1 of Public Law 1990, Chapter 69 (N.J.S.A. 17:16F-15) as delineated below:

MORTGAGEE - The holder of a mortgage loan.

SERVICING ORGANIZATION - A mortgagee or an agent of the mortgagee, pursuant to a written agreement between the agent and the mortgagee, which is responsible for one (1) or more mortgage escrow accounts.

PROPERTY TAX PROCESSING ORGANIZATION - An organization which, under contract with a mortgagee or a servicing organization, collects and processes property tax information with respect to properties securing mortgage loans.

(4) Collect a service charge of fifty dollars ($50.) for the issuance of a Duplicate Tax Lien Discharge. [Added 8-10-2005 by Ord. No. 1300-2005]

C.   Make or cause to be made and certify searches for tax and other liens on real property as may be authorized by law, and charge and collect for the use of the city the fee required pursuant to law for any such search, and the Tax Collector may appoint or designate one (1) of the Division employees as Official Tax Searcher to perform these functions within the Division.

D.   Have custody of all current funds of the city to be deposited in authorized depositories.

E.   Make disbursements of city funds solely upon warrant and authorization in the manner provided by the Code.

F.   Receive and collect all moneys due the city from any source and deposit the same in authorized depositories to the credit of the city within forty-eight (48) hours after the receipt thereof.

G.   Report from time to time as the Business Administrator may require on matters which relate to the functions and operations of the Division.

 

§ 4-33.4        Water and sewer charges. [Added 9-25-1996 by Ord. No. 862-96]

   The Department of Public Works shall periodically deliver to the Division of Revenue the field books of meters read and reports of all other water fees, rents and other charges accrued, duly certified as complete, true and correct to the best of his knowledge, information and belief by the employee who made the original record and by the Department head. Whenever the city imposes sewer rentals or other service charges for sewer service pursuant to law, the Department of Public Works shall include a like certified record of charges accrued as to sewer service. The Tax Collector shall be designated collector of delinquent utility charges. The Division of Revenue shall bill and collect all such charges and enforce collection of delinquent accounts promptly by such remedies as are provided by law.

 

 

§ 4-33.5. Background checks.

[Added 12-10-2018 by Ord. No. 1899-2018]

A Background check, examination; cost.

(1) The City Administrator and/or Chief of Police are hereby authorized to require a criminal history background check of any person, in accordance with N.J.S.A. 40:48-1.4, for any governmental purpose, including but not limited to all current members and all applicants of any City Board, commission or committee in which the members are appointed by the Mayor or City Council.  All persons subject to the mandatory criminal history background checks under this Article shall submit to being fingerprinted in accordance with applicable state and federal laws, rules and regulations.  The City Administrator and/or Chief of Police are authorized to exchange fingerprint data with and receive criminal history information from the State Bureau of Identification in the Division of State Police and the Federal Bureau of Investigation.  Any person who has submitted to a criminal background check, upon request, shall be permitted to review the results of the check.

B. Disqualification from service.

(1)    A person will be automatically disqualified from serving as a volunteer of a City Board, commission or committee if that person refuses to submit to the mandatory criminal history background check required by this section.

(2)    A person may also be disqualified from serving as a volunteer of a City Board, commission or committee if that person’s criminal history background check results reveal a record of conviction for any crime or disorderly person’s offense.  Conduct in any other state which, if committed in New Jersey, would constitute a crime or disorderly person’s offense shall be considered a disqualifying offense.

(3)    If the criminal history background check results will result in the disqualification of a volunteer or applicant for any reason, such person shall be provided an opportunity to challenge the accuracy of the information contained therein.  The person shall be afforded a reasonable period of time to correct their record and provide an amended record.  Failure to do so within a reasonable period shall result in disqualification.

(4) The Governing Body is hereby designated as the person for any appeal that is brought forth by a person deemed disqualified as a result of a criminal history check.  The person shall have thirty (30) days from the receipt of the notice of disqualification to petition the Governing Body for a review.

 

 

ARTICLE V   City Clerk

 

§ 4-34. Qualifications and appointment.

   A City Clerk shall be appointed by the Council, pursuant to the charter, for the term provided by law. Prior to his appointment the Clerk shall be qualified by training or experience, or a combination thereof, for the duties of his office.

 

 

§ 4-35.      General duties.

   The Clerk shall:

A.   Serve as Clerk of the Council, keep its minutes and record of its proceedings, maintain and compile its ordinances and resolutions as required by the charter and code.

B.   Provide secretarial and clerical services for the Councilmen in the discharge of their official duties.

C.   Have custody of the city's seal and affix it to such books papers and documents as may be authorized pursuant to law.

D.   Have and take custody of all official books, papers and documents of the city for which no other repository is provided by charter or ordinance and preserve and keep them safely.

E. Perform all of the functions relating to elections required of a municipal clerk by the General Election Law (Title 19 of the Revised Statutes) and by the Optional Municipal Charter Law.

F.   Have such other, different and additional powers, functions and duties as may be prescribed by law or ordinance.

 

 

§ 4-36.       Deputy City Clerk.

   The Clerk may appoint a Deputy Clerk, who shall perform the functions, powers and duties of the Clerk in the absence or upon the direction of the latter, and who shall perform such other functions, powers and duties as may be required by or pursuant to the code.

 

 

§ 4-37. Certificates regarding municipal improvements.

   The City Clerk shall also issue "certificates as to liability for assessment for municipal improvements" in accordance with the provisions of the Laws of 1946, Chapter 269 (N.J.S.A. 54:5-18.1 et seq.). Prior to the issuance of any such certificate he shall secure from the City Engineer his countersignature, which shall indicate that to the best of his knowledge, information and belief the certificate is correct.

 

 

§ 4-38. Certificates as to land subdivisions.

   The City Clerk shall also issue "certificates as to approval of subdivisions of land" as authorized by law when a land subdivision has been approved in accordance with the Subdivision Ordinance of the city.2 (See N.J.S.A. 40:55-1.24) Prior to the issuance of such certificate he shall secure from the Secretary of the Planning Board his countersignature, which shall indicate that according to the records of the Board and his knowledge, information and belief the certificate is correct.

 

 

§ 4-39.   Licensing functions.

   The Clerk also shall:

A.   Issue such licenses as may be authorized by the Council whenever it acts as the local issuing authority under the State Alcoholic Beverage Control Law (N.J.S.A. 33:1-1 et seq.) and city ordinances.

B.   Issue and approve the granting of raffle and bingo licenses. [Amended 11-20-2006 by Ord. No. 1363-2006]

C. Administer such other licensing functions as are vested in the Clerk by state law or ordinance.

 

 

§ 4-40. (Reserved)1

1Editor's Note: Former 4-40, Staff services, was repealed 10-20-1982 by Ord. No. 643-92.

 

 

§ 4-41.  Insurance, surety bonds and contracts.

   The Clerk, subject to the supervision of the Business Administrator, shall:

A.   Be the depository and custodian of all official surety bonds furnished by or on account of any officer or employee, except his own bond, which shall be placed in the custody of the Comptroller; of all insurance policies upon or with respect to risks insured for the benefit of the city or to protect it against any claim, demand or liability whatsoever; and of all formal contracts for work, labor, services, supplies, equipment and materials to which the city may be a party.

B.   Have custody of all leases, deeds and real property owned by the city, except as may be otherwise provided by the charter or code.

C.   Be the depository for and have custody of all performance bonds running to the city as obligee, or any other form of security, given by any contractor, subdivision developer or other persons on account of work done or to be done in or for the city.

D.   Report to the Business Administrator annually, at such time as he may require, on the coverage, expiration date and premium of each surety bond and contract of insurance, and the nature and terms of outstanding leases, the rent reserved by each and their respective expiration dates.

 

 

ARTICLE VI   Nondepartmental Agencies

 

§ 4-42.     Citizens' Advisory Council.

   There shall be a Citizens' Advisory Council of not more than twenty-one (21) members. Each member shall be appointed by the Mayor with the advice and consent of the City Council for a term of two (2) years, beginning July 1 of the year in which he is appointed. The Advisory Council shall consist of persons representative of groups and interests of the people of the city. The Council may organize, adopt rules for the conduct of its affairs and elect a Chairman and Secretary from among its members. The Advisory Council shall, upon request, advise and consult with the Mayor, the Council and the Planning Board on such matters of public policy as may be of general interest.

 

 

§ 4-43.            Free Public Library.

   The Board of Trustees of the Free Public Library as heretofore constituted and empowered pursuant to law is continued.2

2Editor's Note: See Ch. 65, Library Board of Trustees.

 

 

§ 4-44.   Municipal Court. [Amended 12-21-1976 by Ord. No. 121-76]

   The Municipal Court and the Judge thereof as heretofore constituted and appointed pursuant to law are continued.3 A patrolman shall be assigned to serve as Court Attendant when needed.

3Editor's Note: See Ch. 27. Court.

 

 

§ 4-45.    Planning Board. [Amended 10-20-1992 by Ord. No. 643-92]

A.   The Planning Board as heretofore constituted and empowered pursuant to statute and ordinance is continued.4

4Editor's Note: See Ch. 269, Land Use Procedures.

 

B.   In the event that the Planning Board requires funds, for the purpose of retaining attorneys or other professionals to perform its duties pursuant to the Municipal Land Use Law,5 beyond that which has been appropriated by the City Council, the Planning Board shall, prior to obligating or expending any such moneys, make a written request to the City Council advising of the amount of moneys needed and the reasons therefor and requesting an emergency appropriation or a transfer of funds, as appropriate. [Added 9-5-1995 by Ord. No. 789-95]

5Editor's Note: See N.J.S.A. 40:55D-1 et seq.

 

 

§ 4-46.          Board of Adjustment. (Amended 11-20-1990 by Ord. No. 516-90; 10-20-1992 by Ord. No. 643-92]

A.   The Board of Adjustment as heretofore constituted and empowered pursuant to statute and ordinance is continued.6

6Editor's Note: See Ch. 269, Land Use Procedures.

 

B.   In the event that the Board of Adjustment requires funds for the purpose of retaining attorneys or other professionals to perform its duties pursuant to the Municipal Land Use Law,7 beyond that which has been appropriated by the City Council, the Board of Adjustment shall, prior to obligating or expending any such moneys, make a written request to the City Council advising of the amount of moneys needed and the reasons therefor and requesting an emergency appropriation or a transfer of funds, as appropriate. [Added 9-5-1995 by Ord. No. 789-95]

7Editor's Note: See N.J.S.A. 40 55D-1 et seq.

 

 

§ 4-47.            Civil defense and disaster control. [Amended 10-20-1992 by Ord. No. 643-92]

A.   There shall be an Emergency Management Council consisting of not more than fifteen (15) members who shall be appointed by the Mayor and hold office at the Mayor's pleasure (N.J.S.A. App. A:9-41).

B.   An Emergency Management Coordinator shall be appointed by the Mayor and serve as Chairman of the Emergency Management Council (N.J.S.A. App. A:9-41).

C.   The Emergency Management Council and the Emergency Management Coordinator shall have such official tenure and such functions, powers and duties as are provided by state statute and executive orders, rules and regulations thereunder. (N.J.S.A. App. A:9-33 et seq.)

 

 

§ 4-48.   Volunteer fire companies.

   The volunteer fire companies, first aid and rescue squads as heretofore constituted and empowered pursuant to law are continued.1

 

 

§ 4-49.      Housing Authority.

   The Housing Authority as heretofore constituted and empowered pursuant to law is continued.2

 

 

§ 4-50. Reserved.3

 

 

§ 4-50.1.        Human Relations Commission. [Added 6-15-1993 by Ord. No. 675-93]

A. Commission established; composition; terms. Within the Department of Administration, there shall be a Human Relations Commission consisting of no fewer than sixteen (16) nor more than thirty (30) members. The Mayor and one (1) member of the City Council shall serve as members of the Human Relations Commission, but only during their terms of office. The Mayor shall appoint seven (7) members for terms of two (2) years from the effective date of this ordinance.4 The Mayor, the City Council representative and the seven (7) members appointed by the Mayor shall, by majority vote, nominate no fewer than seven (7) nor more than twenty-one (21) additional members. The Mayor shall appoint the persons nominated. Except as set forth above, all terms shall be for two (2) years from the first day of the month the appointment is made; however, the initial term of at least fifty percent (50%) of the nominees shall be for a period of one (1) year. Vacancies shall be filled for unexpired terms only, either by direct appointment by the Mayor or by nomination, as applicable.

B.   Duties of the Commission.

(1) The Commission shall:

(a) Foster and promote goodwill, cooperation and conciliation among the groups and elements of the inhabitants of the city.

(b) Make recommendations to the Mayor for the development of policies and procedures and for programs of formal and informal education that will aid in the elimination of all types of discrimination based on race, creed, color, national origin, ancestry, age, sexual orientation or disabilities.

(2) The Human Relations Commission shall be empowered collectively to make rules for the conduct of its affairs in a manner consistent with applicable law and local ordinances.

 

§ 4-50.2.        Terms of office for certain boards and agencies. [Added 2-13-2013 by Ord. No. 1662-2013]

A.   The following boards and agencies of city government are not assigned to any department within the city.

(1) Planning Board.

(2) Perth Amboy Redevelopment Agency (PARA).

(3) Zoning Board of Adjustment.

(4) Library Board.

(5) Housing Authority.

B.   Unless specifically provided otherwise, all terms of all members of and advisers and/or liaisons to the various board/bodies/committees listed above shall run from January 1 to December 31.

(Ord. No. 1662-2013)

 

 

ARTICLE VII   Department of Law

[Amended 7-1-1975 by Ord. No. 79-75; 9-4-1984 by

Ord. No. 350-84; 12-4-1990 by Ord. No. 522-90; 1-2-1991

by Ord. No. 527-91; 10-20-1992 by Ord. No. 643-92;

2-26-1997 by Ord. No. 886-97; 8-14-2002

by Ord. No. 1163-2002]

 

§ 4-51. Department generally.

   There shall be a  Department of Law, the head of which shall be the Director of Law, who is hereby designated as the Municipal Attorney and who shall perform the duties set forth in this chapter to protect the interests of the city. Except where there exists a conflict of interest or a need for the services of special counsel, the Director of Law shall represent the city in all judicial and administrative proceedings in which the city or any of its officers or agencies may be a party or have an interest as more particularly set forth at length hereinafter. The Director of Law shall be appointed by the Mayor, with the advice and consent of the Council in the manner and for the term prescribed by law. The Director of Law shall be an attorney-at-law authorized to practice in the State of New Jersey. Such attorney shall be paid a fixed salary established by ordinance and receive additional compensation for services performed beyond the duties set forth in Section 4-52 of this chapter, if authorized by the Mayor and Council by resolution. For the fixed salary, the Director of Law shall be required to perform the powers and duties specified in Section 4-52 of this chapter. Such attorney shall be paid a fixed salary established by ordinance or, upon request of the attorney, shall have the fixed salary paid directly to the law firm with whom that attorney is an associate, member or partner, subject to the Mayor's approval.

 

 

§ 4-52. Powers and duties of Director of Law.

[Amended 12-30-2016 by Ord. No. 1828-2016]

   The Director of Law shall:

A.   Advise the Mayor or Council or other department directors and statutory officials, when requested, upon all legal questions arising in the conduct of the City’s business.

B.   Prepare and revise all ordinances of the Code when so requested by the Mayor or Council.

C.   Prepare or draft and revise all resolutions when so requested by the Mayor or Council.

D.   Render opinions on legal matters or questions of law submitted by the Mayor or the Council, or other department directors and statutory officials, orally or in writing.

E. Prepare, draft and approve as to form and sufficiency all legal documents, instruments, contracts and deeds to which the City is a party, including such instruments and agreements with other municipalities, and approve also as to form all bonds required to be submitted to the City.

F.   Attend Council meetings, caucus and regular, for the purpose of giving the Mayor or Council any legal advice requested.

G.   Attend and advise the Mayor and Council or any designated officer of the City in the opening and awarding of public bids.

H. Supervise and direct all work of special attorneys and technical and professional assistants as the Mayor or Council may authorize for special or regular employment in the Department of Law.

I.    Staff the Department of Law office on a full time basis between the hours of 8:30 a.m. and 4:30 p.m.

J. Perform all of the required legal services in the preparation, submission and adoption of bonding ordinances authorized by the Council in accordance with the applicable New Jersey statutes and assist and furnish all the necessary information to any special counsel hired for purposes of a particular bond issue.

K. Perform all the necessary legal services in connection with all real estate transactions involving the City, except for tax lien foreclosure and condemnation proceedings.

L.   Prepare and prosecute disciplinary proceedings against personnel of the City.

M.  Make reports:

(1) Immediately report to the Mayor, Council and Business Administrator the outcome of any litigation in which the City has an interest.

(2) Make an annual report to the Mayor, Council and Business Administrator by the first regular meeting of the year, providing the status of all pending litigation in which the City has an interest.

N.   Keep records and papers:

(1) Keep a complete record of all actions, suits, proceedings and other matters in which the City had or has an interest, giving the names of all the parties, the court where brought, the nature of the action, the status or disposition of the case, if pending, and the briefs of counsel which relate to the City's interest, and report thereon from time to time as the Mayor or Council may require.

(2) Keep a complete record of all written opinions furnished by the Director of Law and of all certifications or abstracts of titles furnished to the City or any departments or officials thereof.

O.   Have such other and different functions, powers and duties as may be provided by Charter or these Revised General Ordinances, including this chapter, or other ordinances of the City.

P.   Have a minimum of five (5) years experience in the practice of municipal law. Such requirement may be waivable by City Council upon showing of good cause.

 

 

§ 4-53. Reserved.

[Rescinded 12-30-2016 by Ord. No. 1828-2016]

 

 

§ 4-54. Reimbursement for expenses.

   The Director of Law or any other special counsel representing the city shall be reimbursed by the city for disbursements made and expenses incurred in the performance of his duties.

 

 

§ 4-55.    Approval of deeds and contracts.

   No warrants shall be issued for the payment of any money from the city treasury in any matter where a deed is necessary or under any contract to which the city is a party unless the Director of Law shall have endorsed thereon, in writing, his approval as to form and legality, together with a statement of any liens or encumbrances affecting the transaction.

 

 

§ 4-56.  Limitation on power in compromise.

   The Director of Law shall not, without approval of the Mayor and Council by resolution, be empowered to compromise, settle or adjust any rights, claims, demands or causes of action in favor of or against the city, nor to permit, offer or confess judgment against the city, nor to accept any offer or judgment in favor of the city, provided that this section shall not operate to limit or abridge the discretion of the Director of Law in regard to the proper conduct of the trial of any action or proceeding or deprive him of the powers and privileges ordinarily exercised in judicial proceedings by counsel acting for private clients.

 

 

§ 4-57. Appointment of special counsel.

   Whenever the Director of Law deems the interests of the city so require, he may, with the approval of the Mayor and within the limits of available appropriations, appoint special counsel to assist in the preparation, trial or argument of such legal matters or proceedings as he may determine. If the Director of Law should be disqualified with respect to any matter or determine that there exists a need for the services of special counsel who has an area of expertise, the Mayor may appoint special counsel with the approval of the City Council to represent the city for and with respect to such matter.

 

 

§ 4-58.      Conduct of prosecution by Director of Law.

   The Director of Law, or such attorney as he may designate with the approval of the Mayor, shall conduct prosecutions from crimes and offenses cognizable by the Municipal Court of the City of Perth Amboy, including violations of ordinances of the city, complaints of any department under state law and violations of rules and regulations duly promulgated by any department; provided, however, that the Director shall not be responsible for the prosecution of such crimes and offenses as are required by law to be prosecuted by the municipal or county prosecutor.

 

§ 4-58.1.   Municipal Prosecutor.

[Added 9-13-2017 by Ord. No. 1858-2017]

A.   There shall be one or more Municipal Prosecutors appointed by the Mayor with the advice and consent of the City Council for a term of one year commencing January 1st, and until his or her successor is appointed and qualified, in accordance with the provisions of N.J.S.A. 2B:12-27 and N.J.S.A. 2B:25-1.  The Municipal Prosecutor shall represent the state before the municipal court of the City of Perth Amboy.

B.   The Prosecutors shall be compensated by contractual professional services agreement as determined by the Mayor with the advice and consent of the Council.   

C.   If more than one Prosecutor is appointed there shall be designated a “Chief Municipal Prosecutor” who shall have authority over other Prosecutors appointed and serving in the Municipal Court of the City of Perth Amboy with respect to the performance of their duties.

D. Municipal Prosecutors may appear in municipal courts other than in the City of Perth Amboy when necessary to prosecute city cases transferred to such courts, subject to approval by the City Attorney.

E. Pursuant to §4-132 the position of Municipal Prosecutor is exempt from residency requirements as the position is deemed to require special talents and skills which are necessary for the operation of the City of Perth Amboy.

 

 

§ 4-59.   Municipal public defender.

   The Director of Law may designate, with the approval of the Mayor, an attorney-at-law to provide representation of persons entitled by law to appointment of counsel pursuant to the terms of N.J.S.A. 2B:28-29 for crimes and offenses cognizable by the Municipal Court of the City of Perth Amboy. Any such attorneys at law are to be referred to as Municipal Public Defenders.

 

 

§ 4-60.         Duties upon leaving office.

   Upon the expiration of the Director of Law's term of office or resignation or removal therefrom, the Director of Law shall surrender forthwith, to the several city officers charged with the custody thereof, all deeds, leases, conveyances, obligations, bonds, contracts, agreements, reports and all other papers belonging to the city and shall deliver to the successor in office all legal papers and documents relating to the business of the city, together with a written consent of substitution of his/her successor in all actions then pending and undetermined in which the city is a party.

 

 

ARTICLE VIII3   (Reserved)

 

3Editor's Note- Former Art. VIII, Department of Engineering, amended 2-4-1975 by Ord. No. 60-75 and 7-1-1975 by Ord. No. 79-75, was repealed 3-1-1977 by Ords No. 136-77. See § 4-76.1 regarding the Division of Engineering.

 

§§ 4-61 through 4-64. (Reserved)

 

 

ARTICLE IX4   (Reserved)

 

4Editor's Note: Former Art. IX, City Renewal and Development, as amended, was deleted pursuant to Ord. No. 643-92, which ordinance repealed former § 4-65, Designation of local public agency, and amended and moved former § 4-66, Functions of Director of Community Development, to 4-28.1.

 

 

§§ 4-65 through 4-66. (Reserved)

 

 

ARTICLE X5   (Reserved)

 

§§ 4-67 through 4-69. (Reserved)

 

 

ARTICLE XI   Department of Public Works5A

 

§ 4-70. Department generally.

   There shall be a Department of Public Works, the head of which shall be the Director. The Director shall:

A.   Have, exercise and discharge the functions, powers and duties of a department head as otherwise provided by the City Code.

B. Supervise or maintain departmental records and collect and record data for payroll and inventory controls and costs analyses as required or approved by the Business Administrator.

C.   Enforce standards and procedures for the control, use and care of all city-owned equipment, materials and supplies in the custody of the Department.

D.   Receive applications for and issue street opening permits and administer the city ordinances relating to street openings.

 

 

§ 4-71.    Divisions and bureaus. [Amended 1-13-1999 by Ord. No. 977-99]

   Within the Department there shall be the following divisions and bureaus:

A. Division of Solid Waste.

B. Division of Road Repair and Maintenance.

C. Division of Buildings and Grounds.

D. Division of Engineering.

E. Electrical Bureau.

 

 

§ 4-72.      Division of Solid Waste.

   The Division of Solid Waste, under the direction and supervision of the Director, shall:

A.   Operate the city's solid waste and recyclables collection services.

B.   Provide regular and periodic solid waste and recyclables collection services to residential properties.

C.   Dispose of all solid waste and recyclables collected at such facility or facilities as may be provided pursuant to ordinance or municipal contract.

 

 

§ 4-73.      Division of Road Repair and Maintenance.

   The Division of Road Repair and Maintenance, under the direction and supervision of the Director, shall:

A.   Repair all city streets and roads, curbs and gutters.

B.   Clean and flush the city streets and roads as required and remove all debris and nuisances therefrom.

C.   Remove and dispose of leaves, snow and ice from the public streets and collect leaves gathered and deposited by private owners on or along the public streets.

D. Maintain and repair all city-owned bridges, culverts and drains.

E. Undertake and administer city road surfacing and resurfacing projects which are to be performed by the Department.

F.   Operate and manage the city garage or garages and yards for the storage, servicing, repair and maintenance of the Department's motor vehicles and other equipment.

G. Maintain and repair such other motor vehicles and motorized equipment of the city as may be directed by the Business Administrator.

H.   Control the use and maintenance of motor vehicles stored and serviced by the Division through vehicle operating records, cost studies and replacement schedules.

 

 

§ 4-74.      Division of Buildings and Grounds.

   The Division of Buildings and Grounds, under the direction and supervision of the Director, shall:

A.   Operate and maintain public buildings owned by the city.

B.   Trim, plant and care for public parks, trees and greens.

C.   Provide custodial and janitorial services for all city owned buildings.

D. Maintain and repair playfields, playgrounds and recreational areas and facilities.

 

 

§ 4-75.      Division of Engineering.

   The Division of Engineering, under the direction and supervision of the Director, shall be headed by the City Engineer who shall be appointed in the manner and for the term prescribed by law. Prior to his appointment he shall be a licensed professional engineer of New Jersey. The City Engineer shall:

A.   Provide professional engineering advice and assistance to the Mayor, the City Council and all departments, as required and within the limits of available appropriations.

B.   Provide or cause to provide assistance to the City Planning Board for review of subdivision applications and plats, master planning studies and capital budget preparation and analysis.

C. Maintain all maps, charts, profiles and other delineations of public improvements and facilities within the city.

D. Maintain or cause to maintain the City Official Map, Tax Map and the City Zoning Map in current legal status at all times.

E.   Prepare or assist in the preparation of local and grant applications to state and federal governments for city projects, and inform the Mayor and the City Council of all available financial assistance.

F.   Capital improvements. The City Engineer shall from time to time survey and inspect the physical condition of all public structures, roads, subsurface utilities and other physical facilities of the city and evaluate the need for repairs, replacements, maintenance, additions and extensions thereof. He shall thereupon make recommendations for capital improvement programs to the Planning Board, the Mayor and the City Council. The City Engineer shall prepare or cause to be prepared maps, plans and specifications for public works authorized by the City Council and make or cause to make such field surveys as may be required therefor.

G.   Public contracts. The City Engineer shall prepare or cause to be prepared bidding and contract documents for construction contracts of the city, and he shall make such inspections of the work of public contractors as may be necessary or desirable, supervise the performance of public works contracts and certify the amounts due and payable thereunder.

H. Operations. The City Engineer shall provide such operating standards and maintain or direct the compilation of such engineering data and records as may be necessary or desirable for the proper and efficient administration of the public works facilities of the city.

I. Custody of records. The City Engineer shall file, in such office as may be designated or approved by the Administrator, the original or true copies of maps, charts, documents, worksheets and data which he has acquired or prepared for the city; and, upon the termination of his services to the city, he shall surrender to his successor all city property, papers, maps, charts and records, together with a status report on any pending project.

J. Compensation. The City Engineer shall be compensated as shall be authorized by ordinance.

 

 

§ 4-76. (Reserved) [Repealed 1-13-1999 by Ord. No. 977-99]

 

 

§ 4-76.1.   (Reserved) [Repealed 1-13-1999 by Ord. No. 977-99]

 

 

§ 4-76.2.    Electrical Bureau.

   Within the Department there shall be an Electrical Bureau. The Bureau as heretofore created and empowered by ordinance is continued.6

 

 

ARTICLE XII   Department of Human Services

[Amended 12-21-1976 by Ord. No. 121-76; 3-5-1991

by Ord. No. 531-91; 4-16-1991 by Ord. No. 540-91;

84-1992 by Ord. No. 622-92]

 

§ 4-77. Department generally.

A.   There shall be a Department of Human Services, the head of which shall be the Director. The Director shall:

(1) Have, exercise and discharge the functions, powers and duties of a department head as otherwise provided by the Code.

(2) Maintain all departmental records and collect and record data for payroll and inventory controls and cost analysis as required by the Business Administrator.

(3) Perform such other duties as may be required by the Mayor or Business Administrator.

B.   Within the Department of Human Services, there shall be a Human Services Commission. The Commission shall consist of nine members to be appointed by the Mayor. Each member of the Commission shall serve for a term of two years, beginning July 1 in the year in which the member is appointed. The Commission shall organize, adopt rules for the conduct of its affairs and elect a Chairperson and a Secretary from among its members. The Director of the Department of Human Services shall serve as an ex officio member of the Commission. The Commission shall advise and consult with the Director and the Mayor on all matters related to human services, except those matters under the auspices of the Recreation Advisory Committee. The Commission shall recommend to the Director, the Mayor and the City Council ways and means of the delivery of human services and improving programs in the interest of the public welfare.

 

 

§ 4-78.       Offices.

   Within the Department there shall be the following offices:

A.   Office of Recreation.

B.   Office of Social Services. [Amended 5-14-1997 by Ord. No. 893-97]

C.   Office of Housing.

D.   Office of Aging.

E.   Office of Public Information.

F.   Office of Vital Statistics. [Added 10-20-1992 by Ord. No. 643-92]

 

 

§ 4-79.          Office of Recreation.

   The Office of Recreation shall:

A. Administer and operate the city's playgrounds, facilities for indoor and outdoor sports and athletic and recreational programs and activities for children and adults.

B. Develop, administer and operate recreational functions and activities relating thereto.

C.   Use and operate public school property, upon the approval and agreement of the Board of Education, to the extent that such property may be adaptable and available for recreational programs and purposes of the office.

 

 

§ 4-80. Recreational planning.

   The Office of Recreation shall plan and develop public recreation areas and facilities; it shall promote and direct a year-round program of leisure, sports, art and cultural activities for children, youth and adults of the city; and it shall stimulate the constructive use of leisure time of residents of the city and work toward the reduction of delinquency and the optimum coordination and development of public and private recreational facilities within the city.

 

 

§ 4-81. Recreational Advisory Committee.

   Within the Office there shall be a Recreational Advisory Committee. The Committee shall consist of not fewer than 18 nor more than 24 members to be appointed by the Mayor. Each member of the Committee shall serve for a term of two years, beginning July 1 in the year in which the member is appointed. The Committee shall organize, adopt rules for the conduct of its affairs and elect a Chairman and Secretary from among its members. The Committee shall advise and consult with the Director of the Office of Recreation, the Director of Human Services and the Mayor with respect to the programs and activities of the Office, shall study the public recreational needs of the city and shall from time to time recommend to the Directors and to the Mayor and City Council ways and means of improving the city's recreational programs and coordinating public and private activities in the interests of public recreation.

 

 

§ 4-82.        Repair and maintenance of recreational facilities.

   Except as may be otherwise authorized by the Business Administrator, the Office shall employ and use the Department of Public Works for the physical maintenance and repair of parks, playgrounds and recreational structures and facilities.

 

 

§ 4-83.  Use of recreational facilities.

   All public parks, playgrounds and recreation areas shall be closed to the public from 10:00 p.m. to 7:00 a.m., except any person, group, league or team may obtain prior written authorization from the Director of the Office of Recreation or designee to use such facilities during the hours the facilities are ordinarily closed. Authorization shall be given only for specific dates, hours and use. Those using the facilities pursuant to written authorization shall present the written authorization upon request of the Office of Recreation or the Police Department. Failure to produce such written authorization or use of recreational facilities without authorization when such authorization is required shall constitute a violation of the provisions of this Article and shall, upon conviction, be punishable by a fine not to exceed $500. This section shall not apply to the use of the Boardwalk along the city waterfront, but shall include use of the areas between the Boardwalk and street for any activities or sporting events.

 

 

§ 4-84.        Games and concerts sponsored by Office of Recreation; charges and fees; criminal history background checks. [Amended 8-11-2010 by Ord. No. 1522-2010]

   The Office of Recreation may sponsor, arrange and provide for the implementation of indoor and outdoor exhibitions, concerts, games and contests and may use and employee public property for such purposes. The Director shall get approval from the Mayor and other applicable licensing authority for all special events.

   The Office of Recreation may charge and collect for the use of city facilities a reasonable admission fee for each person entering and using facilities, exhibits, concerts, games or contests provided under this Article. The fees for the use of the facilities shall be as follows:

A. Seasonal.

Activity

Registration Fee

Basketball team (adult indoor)

$125 – $150

Basketball team (adult outdoor)

$100 – $125

Men's softball team (adult)

$150 – $325

Women's softball team (adult)

$125 – $250

Soccer team (adult)

$300

Flag football team (adult)

$100

Volleyball team (adult indoor)

$100

Volleyball team (adult outdoor)

$50

Tennis lessons (adult)

$15 – $40 (per person)

Fitness classes

$40 – $60 (per person)

Coaches certification

$25 – $40 (per person)

Youth sports (baseball, basket-

ball, soccer, football, tennis, etc.)

$5 – $50 (per person)

Sports clinic (baseball, basket-

ball, soccer, football, tennis, etc.)

$0 – $25 (per person)

Traveling teams (youth sports)

$25 – $50 (per person)

Miscellaneous program fee

$5 – $60

Sports camps

$50 – $200

Children's show/special activity

$1 to $10 (per person)

Adult show/special activity

$5 to $20 (per person)

Miscellaneous activity fee

$5 and up (per person)

Family trips

$20 – $150 (per person)

Summer Day Camp

$300 – $400 per person)

*Residents shall pay full price for one (1) child, every child thereafter shall receive a twenty-five percent (25%) discount off the registration fee.

**Nonresidents will be assessed twenty-five percent (25%) processing fee for every program.

B. Sponsorship.

Activity

Sponsorship Fee

Youth team (all sports)

 

      First year

$150 – $250

      Every year thereafter

$150

 

 

4' x 6' Indoor/outdoor (all sports)

 

      First year

$200 – $300

      Every year thereafter

$150

6' x 10' Outdoor (all sports)

 

      First year

$400 – $500

      Every year thereafter

$300

Scoreboard signage (Youth Complex)

 

      First year

$600 – $700

      Every year thereafter

$400

Scoreboard signage (Rudyk Park, Washington Park)

 

      First year

$1,000

      Every year thereafter

$700

C. Permits:

(1) Field permit fees (practice).

(a) Resident: $20 (for two hours)

(b) Nonresident: $40 (for two hours)

(c) Resident: $30 (for three hours)

(d) Nonresident: $60 (for three hours)

(2) Field permits (seasonal).

(a) Resident: $400

(b) Nonresident $800

(3) Park permits (events –daily).

(a) Resident: $50

(b) Nonresident: $100

   An application for a daily or seasonal recreation permit shall be made to the Director of Recreation. Teams enrolled with the Perth Amboy Office of Recreation and will receive permits with set dates and times (according to schedule).

D.   Night lights in parks (per night):

(1) Residents: $25

(2) Nonresidents: $50

E. Criminal background checks. [Added 5-12-2010]

(1) Definitions: As used in this subsection, the following terms shall have the meanings indicated:

(a) CITY-SPONSORED YOUTH PROGRAMS — Any youth programs sponsored by the City of Perth Amboy, including any and all leagues, boards and commissions falling within the purview of, or acting for or on behalf of the City of Perth Amboy, which utilize the services of employees or volunteers having contact with persons under the age of eighteen (18) years. A "city-sponsored" program includes only those programs that receive funding, in whole or in part, from the City of Perth Amboy.

(b) NONSPONSORED YOUTH PROGRAMS — Any youth programs not sponsored by the City of Perth Amboy, but which utilize city facilities or facilities owned or maintained by the City of Perth Amboy School District and which utilize the services of employees or volunteers having contact with persons under the age of eighteen (18) years of age.

(c) CRIMINAL HISTORY RECORD BACK-GROUND CHECK — A determination of whether a person has a criminal record by cross-referencing that person's name, fingerprint and other relevant information with information on file with the Federal Bureau of Investigation, Identification Division and/or the New Jersey State Bureau of Identification in the Division of State Police.

(d) YOUTH PROGRAMS — Any programs that allow for the participation in activities by those persons under eighteen (18) years of age. Activities may include, but are not limited to, sporting activities, passive recreation groups, clubs or camps and trips or other activities whereby some control and responsibility for children under the age of eighteen (18) is assigned to some person acting on behalf of a city sponsored or nonsponsored youth program.

(e) SUPERVISORY INDIVIDUALS — Any person including adults over the age of eighteen (18) and adolescents under the age of eighteen (18), whether volunteers of city-sponsored or non-sponsored youth programs, or employees of the City of Perth Amboy, who are full-time, part-time, seasonal or volunteer workers and have authority in some capacity over a person or persons who are under the age of eighteen (18) years of age.

(2) City-sponsored and nonsponsored youth programs: background checks.

(a) All supervisory individuals including but not limited to coaches, assistant coaches, or similar positions involved in educating, directing or supervising youth, and in any way assisting in a youth program function participated in by children within the City of Perth Amboy, shall submit sufficient information on forms supplied by the City of Perth Amboy Office of Recreation from the New Jersey State Police, for the purpose of obtaining a criminal background check from the State Bureau of Identification in the New Jersey State Police and the Federal Bureau of Investigation. Applicants shall submit the criminal background check application directly to the New Jersey State Police, in person, at a fingerprinting location designated by the City of Perth Amboy and/or the New Jersey State Police.

(b) The individual applying for the background check shall authorize the City of Perth Amboy Police Department to be the recipient of the affirmative or negative response from the State Police based upon the findings of the background check.

(c) The City of Perth Amboy shall be responsible for the costs of obtaining the criminal background check for those individuals involved in city-sponsored youth programs, as well as city employees who are required to undergo background checks based upon this subsection.

(d) Individuals involved in a nonsponsored youth program who are required to undergo a criminal background check based upon this subsection shall be responsible for all costs associated therewith. To the extent grant funding has been obtained from the Megan Kanka Foundation, however, individuals involved in a nonsponsored youth program shall be responsible only for the remaining balance of the costs not covered by the grant funding.

(e) All league officials and/or those individuals in charge of each recreation program are required to ensure compliance with this subsection for that league or program. The president or leader of each recreation program shall file with the Office of Recreation an annual roster of the individuals that are required to participate in the background check procedures of this subsection. The roster shall be on forms supplied by the City of Perth Amboy Office of Recreation and shall contain a certification as to the accuracy and completeness of the roster and individual names. Any person who knowingly certifies a background check roster that excludes an individual required to be checked shall be in violation of this subsection and laws regarding false swearing. The rosters of coaches and lists of all city-sponsored and nonsponsored recreation programs shall be certified by the Director of Recreation to be accurate and provided to the City of Perth Amboy Police Department and the Office of Personnel.

(3) Qualification.

(a) Individuals engaged in providing recreation opportunities in city-sponsored or non-sponsored youth programs for, or on behalf of, the City of Perth Amboy who pass the criminal background check shall be issued identification cards with appropriate expirations based upon the date of their individual background check. Individuals issued identification cards by the city are required to display their card while in performance of their duties involving youth programs.

(b) The City of Perth Amboy shall be responsible for all costs associated with the original issuance of identification cards for city employees and volunteers for city-sponsored youth programs. If the original identification card issued by the city is lost, it shall be the responsibility of the volunteer or employee to pay for a replacement card.

(c) Volunteers associated with nonsponsored youth programs shall be responsible for all costs associated with the original issuance of an identification card and any replacement thereof.

(4) Disqualification.

(a) Upon receipt of a completed background check conducted by the State Bureau of Identification in the New Jersey State Police and/or the Federal Bureau of Investigation, Identification Division, the Perth Amboy Police Department shall notify the applicant and the president or leader of the recreation program of the affirmative or negative results. The determination of the Police Department is based upon Subsection E(4)(b) of this subsection. Details in the background check that result in a negative determination by the State Police are not afforded to the Perth Amboy Police Department, Office of Personnel or Office of Recreation and are only available to the applicant upon making a formal request to the State Bureau of Investigation.

(b) In the event the criminal background check reveals any prior conviction for crimes or offenses which negatively impact the health, safety and welfare of children, said person shall not be qualified to participate in any official capacity in any function of persons under the age of eighteen (18) years in any city-sponsored or nonsponsored youth program. Such offenses shall include, but not be limited to:

[1] In New Jersey, any crime or disorderly person offense:

[a] Involving danger to the person, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:11-1 et seq., N.J.S.A. 2C:12-1 et seq., N.J.S.A. 2C:13-1 et seq., N.J.S.A. 2C:14-1 et seq. or N.J.S.A. 2C:15-1 et seq.

[b] Against the family, children or incompetents, meaning those crimes and disorderly persons offenses set forth in N.J.S.A. 2C:24-1 et seq.;

[c] Involving theft as set forth in Chapter 20 of Title 2C of the New Jersey Statutes; or

[d] Involving any controlled dangerous substance or controlled substance analog as set forth in Chapter 35 of Title 2C of the New Jersey Statutes except (4) of Subsection a. of N.J.S.A. 2C:35-10.

(c) The list of crimes and violations contained in paragraph (b)[1] above is for illustrative purposes only and shall not be construed as a limitation on those criminal activities or violations that would be grounds to disqualify a person from assisting with youth-related activities as indicated herein.

(d) Refusal of individuals required to submit to background checks will result in an immediate dismissal of the individual from any youth activities requiring background checks.

(5) Frequency of background checks.

(a) All city-sponsored or nonsponsored youth programs that have individuals subject to this subsection shall direct those individuals to the Perth Amboy Office of Recreation for background checks prior to the individual being able to participate at any function within the City of Perth Amboy. Individuals subject to this subsection shall be required to undergo a new background check every three (3) years.

(b) Individuals involved in city-sponsored or nonsponsored youth programs who are required to undergo background checks shall be given an interim approval for participation by the Perth Amboy Police Department only after submission to the Division of State Police for a background check. Interim approvals shall only be valid for the period of time that it takes to receive background check results. Such interim approval shall not be valid for a period of time exceeding ten (10) days. Only one (1) interim approval may be granted per individual.

(6) Privacy. All criminal background check results supplied to the Perth Amboy Police Department shall be filed and maintained by the Police Department and the Office of Personnel in a secured and locked cabinet or room and shall not be available to the public. The Perth Amboy Police Department and the Office of Personnel shall take appropriate steps to safeguard such records. The records shall be exempt from public disclosure under common law or the New Jersey Right-to-Know Law. The records shall only be retained for such period of time as is necessary to serve their intended and authorized purpose.

(7) Violations and penalties. Any person who knowingly violates any provisions of this subsection shall be subject, upon conviction, to a fine of not more than five hundred dollars ($500.) or imprisonment for not more than ninety (90) days, or both, in the discretion of the Judge imposing the same.

 

§4-84.1.        Rules and regulations for recreational areas. [Amended 9-25-1996 by Ord. No. 862-97]

   All public parks, playgrounds and recreations areas shall be maintained by the Office of Recreation and the Department of Public Works and Municipal Utilities so as to maintain them in a safe and wholesome condition. Except as otherwise provided in this article, the Office may adopt suitable rules, regulations and bylaws for the conduct of all persons while on or using such property. The custodians, supervisors and assistants appointed by the Director of the Office of Recreation shall, while on duty, preserve order and enforce the observance of the rules, regulations and bylaws of the office.

 

 

§ 4-84.2.        Office of Social Services and Housing.7 [Added 4-13-2005 by Ord. No. 1283-2005]

   The Office of Social Services and Housing shall be created. The Office of Social Services and Housing, except as otherwise required by Charter or Code, shall:

A. Develop, prepare and present plans and programs for consideration by the Mayor and City Council related to housing in the City of Perth Amboy and as authorized by law.

B. Investigate and seek alternative funding from federal and state agencies for housing programs.

C.   Prepare grant applications for funding of projects.

D.   Serve as city liaison to agencies and entities, which fund, administer or participate in private or public housing programs.

E.   Serve as the City's administrative liaison to the Rent Leveling Board.

F.   Serve as the City's Relocation Office.

G. Maintain and disseminate information to the public on all housing, rent control and relocation issues.

H.   Devise ways and means for bringing people unable to maintain themselves to self-support or to the support of any other person or agency able and willing so to do.

I.    Assist residents in resolving consumer affairs issues.

J. Administer indigent burial/cremation program for City residents.

 

 

§ 4-84.3. (Reserved.8) [Repealed 4-13-2005 by Ord. No. 1283-2005]

 

 

§ 4-84.4.        Office of Aging.

   The functions of the Office of Aging shall be to:

A.   Prepare and plan public awareness programs on senior citizens and elderly issues.

B. Investigate and seek funding for senior citizen and elderly programs.

C.   Assist the Office of Recreation in maximizing senior citizen participation in recreation programs.

D. Perform outreach services, and assess the needs of the city's senior citizens and elderly population.

E.   Serve as a resource, information and referral center on matters related to senior citizens and the elderly.

F.   Serve as liaison to agencies and organizations which fund, administer or participate in private or public senior citizens and elderly programs.

 

 

§ 4-84.5.        Office of Public Information.

   The functions of the Office of Public Information shall be to:

A.   Prepare and plan public awareness programs on the availability of public and private services to the residents of the city.

B. Investigate and seek funding for public information programs.

C.   Serve as liaison to public and private organizations which provide informational, social and economic services to the residents of the city.

D.   Address inquiries from residents regarding the provisions of services by the city government and, when appropriate, make referrals to the responsible city department.

E. (Reserved)9

F.   Provide information to residents on immigration issues, and make necessary referrals.

G.   Serve as a resource, information and referral center on all matters not specifically the responsibility of another departmental office.

 

 

§ 4-84.6.        Office of Vital Statistics. [Added 10-20-1992 by Ord. No. 643-92]

   The Office of Vital Statistics shall:

A.   Provide services of the Local Registrar of Vital Statistics as required by applicable state law, rules and regulations.

B.   Provide information to residents on all matters related to vital statistics.

 

§ 4-84.7.   Municipal Housing Liaison. [Added 6-27-07 by Ord. No. 1397-2007]

A. Purpose. The purpose of this section is to create the administrative mechanisms needed for the execution of the City of Perth Amboy's responsibility to assist in the provision of affordable housing pursuant to the Fair Housing Act of 1985.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADMINISTRATIVE AGENT — The entity responsible for administering the affordability controls of some or all units in the affordable housing program for the City of Perth Amboy to ensure that the restricted units under administration are affirmatively marketed and sold or rented, as applicable, only to low- and moderate-income households.

MUNICIPAL HOUSING LIAISON — The employee charged by the Governing Body with the responsibility for oversight and administration of the affordable housing program for the City of Perth Amboy.

C. Establishment of Municipal Housing Liaison position and compensation, powers and duties.

(1) Establishment of position of Municipal Housing Liaison for the City of Perth Amboy.

(2) Subject to the approval of the Council on Affordable Housing (COAH), the Municipal Housing Liaison shall be appointed by the Governing Body and may be a full or part-time municipal employee.

(3) The Municipal Housing Liaison shall be responsible for oversight and administration of the affordable housing program for the City of Perth Amboy, including the following responsibilities, which may not be contracted out:

(a) Serving as the City of Perth Amboy's primary point of contact for all inquiries from the state, affordable housing providers, Administrative Agents, and interested households;

(b) Monitoring the status of all restricted units in the City of Perth Amboy's Fair Share Plan;

(c) Compiling, certifying, and submitting annual reports as required by COAH;

(d) Coordinating meetings with affordable housing providers and Administrative Agents, as applicable;

(e) Attending continuing education opportunities on affordability control, compliance monitoring, and affirmative marketing as offered or approved by COAH;

(f) If applicable, serving as the Administrative Agent for some or all of the restricted units in the City of Perth Amboy as described in Subsection C(6) below.

(4) Subject to approval by COAH, the City of Perth Amboy may contract with or authorize a consultant, authority, government or any agency charged by the Governing Body, which entity shall have the responsibility of administering the affordable housing program, including the affordability controls and Affirmative Marketing Plan, the Municipal Housing Liaison shall supervise the contracting Administrative Agent.

(5) Compensation shall be fixed by the Governing Body at the time of the appointment of the Municipal Housing Liaison.

(6) Administrative powers and duties assigned to the Municipal Housing Liaison.

(a) Affirmative marketing.

[1] Conducting an outreach process to insure affirmative marketing of affordable housing units in accordance with the Affirmative Marketing Plan of the City of Perth Amboy and the provisions of N.J.A.C. 5:80-26:15; and

[2] Providing counseling or contracting to provide counseling services to low- and moderate-income applicants on subjects such as budgeting, credit issues, mortgage qualification, rental lease requirements, and landlord/tenant law.

(b) Household certification.

[1] Soliciting, scheduling, conducting and following up on interviews with interested households;

[2] Conducting interviews and obtaining sufficient documentation of gross income and assets upon which to base a determination of income eligibility for a low- or moderate-income unit;

[3] Providing written notification to each applicant as to the determination of eligiblity or noneligibility;

[4] Requiring that all certified applicants for restricted units execute a certificate substantially in the form, as applicable, of either the ownership or rental certificates set forth in Appendices J and K of N.J.A.C. 5:80-26-1 et seq.;

[5] Creating and maintaining a referral list of eligible applicant households living in the housing region and eligible applicant households with members working in the housing region where the units are located; and

[6] Employing the random selection process as provided in the Affirmative Marketing Plan of the City of Perth Amboy when referring households for certification to affordable units.

(c) Affordability controls.

[1] Furnishing to attorneys or closing agents forms of deed restriction and mortgages for recording at the time of conveyance of title of each restricted unit;

[2] Creating and maintaining a file on each restricted unit for its control period, including the recorded deed with restrictions, recorded mortgage and note, as appropriate;

[3] Ensuring that the removal of the deed restrictions and cancellation of the mortgage note are effectuated and properly filed with the appropriate county's register of deeds or county clerk's office after the termination of the affordability controls for each restricted unit;

[4] Communicating with lenders regarding foreclosures; and

[5] Ensuring the issuance of continuing certificates of occupancy or certifications pursuant to N.J.A.C. 5:80-26.10.

(d) Resale and rental.

[1] Instituting and maintaining an effective means of communicating information between owners and the Administrative Agent regarding the availability of restricted units for resale or rental; and

[2] Instituting and maintaining an effective means of communicating information to low- and moderate-income households regarding the availability of restricted units for resale or rerental.

(e) Processing request from unit owners.

[1] Reviewing and approving requests from owners of restricted units who wish to take out home equity loans or refinance during the term of their ownership.

[2] Reviewing and approving requests from owners of restricted units who wish to make capital improvements to the units that would affect the selling price, such authorizations to be limited to those improvements resulting in additional bedrooms or bathrooms and the cost of central air conditioning systems; and

[3] Processing requests and making determinations on requests by owners of restricted units for hardship waivers.

(g) Enforcement.

[1] Securing annually lists of all affordable housing units for which tax bills are mailed to absentee owners and notifying all such owners that they must either move back to their unit or sell it;

[2] Securing from all developers and sponsors of restricted units, at the earliest point of contact in the processing of the project or development, written acknowledgement of the requirement that no restricted unit can be offered, or in any other way committed, to any person, other than a household duly certified to the unit by the Administrative Agent;

[3] The posting annually in all rental properties, including two-family homes, of a notice as to the maximum permitted rent together with the telephone number of the Administrative Agent where complaints of excess rent can be made.

[4] Sending annual mailings to all owners of affordable dwelling units reminding them of the notices and requirements outlined in N.J.A.C. 5:80-26.18(d)4;

[5] Establishing a program for diverting unlawful rent payments to the municipality's affordable housing trust fund or other appropriate municipal fund approved by the DCA;

[6] Creating and publishing a written operating manual, as approved by COAH, setting forth procedures for administering such affordability controls; and

[7] Providing annual reports to COAH as required.

(h) The Administrative Agent shall have authority to take all actions necessary and appropriate to carry out its responsibilities hereunder.

 

ARTICLE XIII   Police Department

 

§ 4-85. Department generally.

   There shall be a Police Department, the head of which shall be the Director. The Chief of Police may be appointed to serve as Director, without additional compensation.

 

 

§ 4-86. Organization and administration.

   The police force as heretofore authorized, organized and administered pursuant to ordinance not inconsistent with the charter and code is continued.10

 

 

§ 4-87.         Traffic Safety Advisory Committee.

   There shall be a Traffic Safety Advisory Committee, to consist of such members as shall be appointed by the Mayor. Each member shall serve for a term of one year from the date of his appointment. The Committee shall advise and assist the Director and the Mayor in identifying traffic safety problems in the city and developing solutions to them and shall advise the Council whenever necessary in relation to the adequacy of city policies and procedures relating to motor vehicle traffic and its control.

 

 

§ 4-88.         Traffic signs and markers. [Amended 9-25-1996 by Ord. No. 86-96]

   Traffic signs, lines and markers shall be installed and maintained by the Police Department as required.

 

 

§ 4-89. (Reserved)11

 

 

§ 4-90. (Reserved)12

 

 

ARTICLE XIV   Fire Department

[Amended 10-20-1992 by Ord. No. 643-92]

 

§ 4-91. Department generally. [Amended 9-26-2001 by Ord. No. 1123-2001; 11-22-2004 by Ord. No. 1268-2004]

   There shall be a Fire Department, the head of which shall be the Director. The Department shall consist of a paid fire force of full-time city employees, a paid Emergency Medical Service Force of full-time city employees, as heretofore authorized by ordinance, a volunteer fire force and a Volunteer Emergency Medical Service force of volunteers appointed, organized and commanded as heretofore provided pursuant to law.13

 

 

§ 4-92. (Reserved)

 

ARTICLE XV   Department of Code Enforcement

[Amended 10-20-1992 by Ord. No. 643-92;

9-25-1996 by Ord. No. 862-96]

 

§ 4-93. Department generally.

   There shall be a Department of Code Enforcement, the head of which shall be the Director.

 

 

§ 4-94.       Powers and duties.

   The Department shall survey the quality of the environment in the city with particular reference to conditions affecting health, sanitation, waste disposal, housing, neighborhood deterioration and rehabilitation, air and water pollution abatement, noise control and abatement and the relationship of city services and functions to such environmental factors. Within the limits of its legal authority and funds available to it pursuant to law, the Department shall organize and administer programs and activities designed to maintain, improve and beautify the physical environment of those who work, live and visit within the city.

 

 

§ 4-95.          Office of Construction and Fire Prevention.

   Within the Department there shall be an Office of Construction and Fire Prevention, the head of which shall be the Construction Official/Fire Official. Under the direction and supervision of the Director, the Office shall administer and enforce Chapter 184, Uniform Construction Codes, the Fire Prevention Ordinance14 and such other ordinances related to fire prevention.

14Editor's Note: See Ch. 227, Fire Prevention.

 

 

§ 4-96.          Office of Housing Inspections.

   Within the Department there shall be an Office of Housing Inspections. Under the direction and supervision of the Chief Housing Inspector, the Office shall administer and enforce the Property Maintenance Ordinance15 and any other ordinances governing the condition and maintenance of structures and real property.

15Editors Note: See Ch. 335, Property Maintenance.

 

 

§ 4-97.          Office of Zoning and Planning.

   Within the Department there shall be an Office of Zoning and Planning. Under the direction and supervision of the Zoning Officer, the Office shall administer and enforce the Certificate of Code Compliance Ordinance16 and the Zoning and Land Development Ordinance.17

16Editor's Note: See Ch. 181, Certificate of Code Compliance.

17Editor's Note. See Ch. 430, Zoning and Land Development.

 

 

§ 4-98.        Master file of buildings.

   The Department of Code Enforcement shall maintain a master file of each building and structure in the city. There shall be entered in the master file a record of each inspection, the observations of the inspector with respect to code violations, the state of repair and the nature of the occupancy of each building or structure and a record of each action taken with respect to each structure or building and the inspection thereof.

 

 

§ 4-99.18  Inspection and enforcement.

   The Department shall conduct and administer such inspections and enforcement proceedings as are authorized by the ordinances and laws under its administration. It shall, to the extent practicable, consolidate and coordinate all regulatory inspections relating to the construction, maintenance, use and occupancy of buildings and structures which are not vested in any other department or division by this chapter and shall, to the extent practicable, provide for cooperative inspection and enforcement with such regulatory inspections as may be vested in any other department or public agency.

18Editor's Note: Former § 4-99, Electrical Bureau, was repealed 9-25-1996 by Ord. No. 862-96.

 

 

§ 4-100. Environmental Advisory Committee.

   Within the Department there shall be an Environmental Advisory Committee. The Committee shall consist of 11 members to be appointed by the Mayor. Each member shall serve for a term of four years, beginning July 1 of the year in which he is appointed, except that, of those members first appointed, two shall be appointed for terms of one year, three for terms of two years, three for terms of three years and three for terms of four years. Vacancies shall be filled for the unexpired term only. The Committee shall advise and consult with the Director on all matters pertaining to the quality of the environment in the city. The Committee may organize, adopt rules for the conduct of its affairs and elect a Chairman and Secretary from among its members.

 

 

ARTICLE XVI19   (Reserved)

 

§§ 4-101 through 4-109. (Reserved)

 

19Editor's Note: Former Art. XVI, Department of Finance, was repealed 9-25-1996 by Ord. No. 862-96. See now Art. IV, Department of Administration, §§ 4-33.1 through 4-33.4.

 

 

ARTICLE XVII   Budget and Fiscal Procedures

 

§ 4-110.          Fiscal year. [Amended 10-20-1992 by Ord. No. 643-92; amended 5-26-2010 by Ord. No. 1511-2010]

   Pursuant to N.J.S.A. 40A:4-3.1 or 40A:3.2, as appropriate, the City of Perth Amboy shall commence operating on a Calendar Fiscal Year beginning with Calendar Year 2011.

 

 

§ 4-111.        Budget preparation. [Amended 10-20-1992 by Ord. No. 643-92]

A. Pursuant to the Charter, during the month of May in each year all department heads shall submit to the Administrator requests for appropriations for the next ensuing budget year. Each department head shall appear at the public hearing, pursuant to the Charter, on the budget request and shall then justify the request in terms of work to be performed, service to be rendered or programs to be administered.

B.   Budget requests shall be in such form and detail as the Administrator shall prescribe.

C.   On or before the date prescribed by state law in each year, the Mayor shall submit to the Council a recommended budget, together with such explanatory comment or statement as may be deemed desirable. The budget shall be in such form as required by law for municipal budgets. It shall, in addition, include a current operating section and a capital section, together with a detailed analysis of the various items of expenditure and revenue and, to the extent feasible, appropriate statements of the cost of performance of functional programs and activities in terms of quantitative, countable units of work for operating expenditures and projected annual costs of operation, maintenance and debt service for capital expenditures.

 

 

§ 4-112. (Reserved)20

20Editor's Note: Former §4-112 Capital program, was repealed 10-22-1992 by Ord. No. 643-92.

 

 

§ 4-113.       Council action.

   The Council will consider and act upon the Mayor's recommended budget in accordance with the requirements of the local budget law.

 

 

§ 4-114.        Budget operation.

   Budget appropriations shall be controlled by an encumbrance system which shall be prescribed or approved by the Administrator. Upon the approval of the Mayor, the Administrator shall establish quarterly or such other periodic allotments of appropriations as he may deem desirable. Each department shall plan and administer its work program within the limits of such allotments, and no commitments shall be incurred in excess of any such allotment except upon written authorization of the Mayor.

 

 

§ 4-115.   Contracts generally. [Amended 9-25-1996 by Ord. No. 862-96]

   Within the limits of available appropriations, the Mayor is authorized to negotiate and execute contracts and other legally binding obligations of the City. Any such contractual document shall be signed by the Mayor, authorized by the Chief Financial Officer and approved by the Corporation Counsel for legal form and sufficiency. Purchase orders, for which a formal contract is not required by the charter, may be authorized by the Business Administrator within the limits of available appropriations.

 

 

§ 4-116.         Award of contracts.

   Where contracts are let by competitive bidding pursuant to the charter, the Business Administrator shall be the city's "contracting agent" for the purposes of Laws of 1971, Chapter 198, or any amendment or supplement thereto.21 He may award the contract in the manner prescribed by law and shall report to Council at its next meeting all such bids and awards. The contract shall be executed in the manner above provided.

21Editor's Note: See N.J.SA. 40A:11.1 et seq.

 

 

§ 4-117. Purchasing generally.

A.   All purchases of any supplies, materials or equipment or contractual services for a department shall be made by the Department of Administration pursuant to a written requisition from the head of the department whose appropriation will be charged and the certification of the Comptroller that a sufficient unencumbered balance of appropriation is available to pay therefor. All purchasing shall comply with the Local Public Contracts Law (Laws of 1971, Chapter 198; N.J.S.A. 40A-11-1 et seq.), and any amendments or supplements thereto.

B.   The director of each department shall designate, by writing filed with the Administrator, the name or names of employees in the department authorized to receive supplies, materials and equipment. A person so designated shall accept deliveries and sign for them, only where the goods are in exact conformity with the order. Should there be any doubt as to quantity or quality, the receiving employee shall immediately notify the department head for appropriate action. If any supplies, materials or equipment are rejected, the department head shall immediately notify the Administrator.

C.   Except as the Administrator may authorize in case of emergency, no purchase shall be made and no bill, claim or voucher shall be approved unless the procedures prescribed by or pursuant to the code have been followed.

 

 

§ 4-118. Emergency purchases. [Amended 10-20-1992 by Ord. No. 643-92]

   The purchase of any item may be made without advertisement for bids notwithstanding that the amount involved exceeds the statutory threshold for public bidding requirements as calculated by the Governor pursuant to N.J.S.A. 40A:11-3 where an emergency exists affecting the public health, safety or welfare and requiring immediate action. The Administrator shall establish procedures, in compliance with N.J.S.A. 40A:11-6 and regulations promulgated pursuant thereto, which will permit such emergency purchases to be made for specific purposes in a manner other than that prescribed by this article.

 

 

§ 4-119.  Purchases by quotation. [Amended 10-20-1992 by Ord. No. 643-92]

   Where purchases in excess of $1,000 are made without competitive bidding, the Administrator shall obtain, wherever possible, at least three price quotations for the item or items to be purchased and shall record and maintain such quotations in his office for at least two years from the time they are furnished. Wherever circumstances permit, the purchase shall be made from the lowest of such quotations received from a responsible bidder.

 

 

§ 4-120.  Standards and tests.

   The Administrator shall establish or approve uniform standards for requisitions and purchases. The Department of Administration shall control the delivery of all supplies, materials and equipment and other items purchased and shall make or cause to be made proper test checks and inspections thereof. The Department shall ascertain whether said supplies, materials, equipment and other items purchased comply with the specifications and shall cause laboratory or other tests to be made whenever in the opinion of the Administrator it is necessary to determine whether the materials or supplies furnished are of the quality and standard required.

 

 

§ 4-121.     Reports.

   The Administrator shall present to the Council once each month a summary of the purchase transactions of the city since the next preceding report.

 

 

§ 4-122.    Vouchers and certification.

   No bill, demand or claim shall be paid unless it contains a detailed statement of the items or demand, specifying particularly how the bill or demand is made up, and a certification of the party claiming payment that it is correct; nor shall any bill, claim or demand be paid unless the voucher on which it is presented carries a certification of a department head or of his duly designated representative, having personal knowledge of the facts, that the goods have been received by or the services rendered to the city.

 

 

§ 4-123.         Audit, warrant and payment of bills; listing.

A.   All bills, claims and demands against the city shall be deemed approved or disapproved by the City Council (for the purposes of N.J.S.A. 40A:5-17) in accordance with the action of the Chief Financial Officer or designee. A voucher on a form prescribed by the Chief Financial Officer and approved by the Business Administrator shall be presented for each bill, claim or demand and be paid only upon the audit, warrant and approval of the Chief Financial Officer or designee. Disbursement shall be made by a combination warrant-bank check or draft warranted and signed by the Chief Financial Officer or designee and countersigned by the mayor, except that payroll checks may be signed by the Chief Financial Officer and the Mayor upon voucher and warrant of the Chief Financial Officer or designee for a total payroll. [Amended 10-5-1993 by Ord. No. 684-93; 9-25-1996 by Ord. No. 862-96]

B.   The Comptroller shall prepare for each regular meeting of the Council a list of all bills, claims and vouchers which have been paid through the close of business on the second day next preceding the meeting and since the last preceding list was compiled. Such list shall be filed with the Clerk as a public record open to examination in his office, and he shall note such filing in his minutes, together with a total of each listing.

 

 

§ 4-124.       Central payroll.

   Salaries, wages and other compensation of all officers and employees shall be paid biweekly. The head of each department shall certify to the Comptroller, at such times and in such form as he shall prescribe, the names and positions of all persons employed in or by the department who are entitled to be paid in the next ensuing payroll. The Comptroller shall then complete a central payroll for the city and prepare the necessary checks for signature.

 

 

§ 4-125.  Postaudit.

   The Council will designate and retain a registered municipal accountant of New Jersey to prepare and submit annually a postaudit of all city accounts, in accordance with state laws and regulations.

 

 

ARTICLE XVIII   General Provisions

 

§ 4-126.            Dual appointments.

   The Administrator may, with the approval of the Council, serve as head of one or more departments in addition to the Department of Administration. The same person may serve as director of two (2) or more departments; a department director may also be appointed to serve as a division head within his department; and a division head may be appointed as department director. Acceptance of an appointment as a director by any person in the classified service of the civil service shall not be deemed to constitute a resignation or termination of his civil service status.

 

 

§ 4-127.        Surety bonds and Financial Disclosures.

A.   Every officer or employee of the city who, by virtue of his office or position or of any law, is entrusted with the receipt, custody or expenditure of public moneys or funds of the city, and any other officer or employee who may be required so to do by the Council, shall, before entering upon the duties of his office or position, execute and deliver a surety bond in such amount as may be fixed by resolution of Council, binding him to the city in its corporate name and conditioned upon the true and faithful performance of his duty. Each officer or employee required by this section or otherwise to give bond shall execute such bond with sufficient surety and deliver the same to the Clerk, except that the Clerk shall deliver his bond to the Comptroller, before he enters upon the discharge of the duties of his office or employment.

B.   If any officer or employee shall refuse or neglect to execute and deliver his bond as herein required within thirty (30) days after due notification of election or appointment, his office may be declared vacant by the Council.

C.   In every case in which any person is required by the laws of the state or by this section or any other ordinance to give bond for the faithful performance of his duties, such bond shall be secured by a corporate surety authorized to do business in this state and the premium therefor shall be paid by the city. Each such bond shall be approved by the Corporation Counsel as to form and sufficiency, and nothing in this section shall be construed to prevent the use of one (1) or more blanket bonds when so approved.

D.   The Municipal Clerk shall verify that Perth Amboy local government officers have filed their required annual Financial Disclosure Statement with the State of New Jersey. A local government officer who fails to file the required Disclosure Statement by April 30th shall be given written notice of the omission by the Municipal Clerk and a period of ten (10) days to file the Disclosure Statement. Any local government officer who fails to file the required Disclosure form within ten (10) days of receiving notice of non-compliance, shall be suspended from his/her position. Should the failure to file continue beyond thirty (30) days of suspension, the local government officer shall be removed from his/her position. [Added 9-9-2015 by Ord. No. 1778-2015]

 

 

§ 4-128. Disciplinary hearings. [Amended 6-9-2004 by Ord. No. 1250-2004]

   The Administrator shall have the power to hear and determine any charge or charges filed against a member of the uniformed force pursuant to law unless the Director determines that the disciplinary hearing should be conducted by an independent third party who has prior experience in the operations of a uniform force.

 

 

§ 4-129.         Public records.

A.   All the books, maps, papers, accounts, statements, vouchers and other documents whatsoever acquired or produced in any department shall be carefully and conveniently filed, kept and preserved and shall be and remain the sole property of the city and shall not at any time be removed from the offices of such department except when required for use in official business and shall then be returned to such office without delay. Each department head shall be responsible for enforcing the requirements of this section to his department. This section shall be subject to the provisions of the Destruction of Public Records Law (1953) (N.J.S.A. 47:3-15 et seq.).

B.   All public documents and records shall during office hours be open to public search, inspection and examination, subject to and within the limitations prescribed by law, and provided that such search, inspection and examination may be made under such regulations as the officer having custody of such records, books and documents shall establish for the safety and preservation thereof.

C.   Fees for copies and reproduction of public records. [Added 3-15-77 by Ord. No. 141-77; 9-15-02 by Ord. No. 1170-2002]

(1) Copies of public records in the custody of the City Clerk shall be made available upon request, and the custodian of such records shall make and supply copies of such records upon payment of a fee of ten cents ($0.10) per page for letter or legalized sized paper copies. The fee may be adjusted annually by the custodian of records based upon the actual cost of paper and ink to the city, after prior publication of the fee change for at least thirty days. [Amended 7-13-2010 by Ord. No. 1521-2010]

(2) [Amended 1-26-2011 by Ord. No. 1543-2011] Fees for the reproduction of video or audio recordings shall be as follows:

(a) Reproduction of video: the actual cost of the videotape or other medium and any equipment usage costs connected with the reproduction, but not less than one dollar ($1.) per tape.

(b) Reproduction of audio: the actual cost of the audiotape or other medium and any equipment usage costs connected with the reproduction, but not less than one dollar ($1.) per tape.

(c) In addition, there will be a charge for any postage, mailing or delivery supplies expenses based upon actual costs to the city.

(3) Notwithstanding any subsection of this section, all costs incurred as a result of any duplication request that must be outsourced must be paid by the individual or entity making the request.

(4) Any person shall have the right, during regular business hours and under the supervision of a representative of the custodian of records, to inspect or copy any such record by hand. Should the custodian of records determine that it would require more than one (1) hour of employee time to locate a particular document or set of documents or supervise an inspection of documents: twenty dollars ($20.)  per hour charge shall be imposed for each hour of employee time spent locating or supervising an inspection of documents.

 

 

§ 4-130.     Delivery of funds and records.

   Upon the termination of the term of office or the employment of any officer or employee, he shall forthwith deliver to his successor, or, if there is no successor, to the Clerk or other person who may be designated by the Mayor to receive the same, all moneys, papers, books, memoranda, accounts and data of any nature whatever pertaining to his office.

 

 

§ 4-131.         Public office hours.

   The public, administrative and executive business offices shall be open for the transaction of public business daily, except Saturdays and Sundays and legal holidays, between such hours as the Council may prescribe, except as otherwise provided by law. All departments in times of emergency shall provide municipal services for twenty-four (24) hours a day. The Administrator or a department head may require any officer or employee to be in attendance for work on any day or days whenever he determines that a public exigency or emergency so requires.

 

 

§ 4-132.  Residence of officers and employees. [Amended 2-4-1975 by Ord. No. 60-75; 10-20-1992 by Ord. No. 643-92;10-3-1995 by Ord. No. 797-95]

A. Definition of "bona fide." In accordance with the provisions of N.J.S.A. 40A9-1.3, all officers and employees employed by the City of Perth Amboy after the effective date of this section shall be bona fide residents of the City of Perth Amboy, except as otherwise required by state law or provided herein. Said officers and employees shall, subsequent to appointment, remain bona fide residents of the City of Perth Amboy as a condition of continued employment. For the purpose of this section, a bona fide resident is a person having a permanent domicile within the City of Perth Amboy and a residence which has not been adopted with the intention of again taking up or claiming a previous residence acquired outside the City of Perth Amboy.

B. Eligibility of applicants limited to bona fide residents. In accordance with the provisions of N.J.S.A. 40A:9-1.4, applicants for positions and employment in the classified service of the City of Perth Amboy, including applicants for police officer and fire fighter titles, shall be limited to bona fide residents of the City of Perth Amboy, both on the closing date of the civil service examination, if one is given, and on the date of hire, except as otherwise provided herein or upon the determination of the New Jersey Department of Personnel that an insufficient number of qualified residents exist for available positions. This provision shall not be construed to exempt police officers and fire fighters from the requirement that they remain bona fide residents of the City of Perth Amboy for a period of one (1) year after their appointment.

C. Unavailability of qualified residents; preference schedule.

(1)    In accordance with the provisions of N.J.S.A. 40A9-1.6, whenever the appointing authority determines that there cannot be recruited a sufficient number of qualified residents for available specific positions or employments, the City of Perth Amboy shall advertise for other qualified applicants.

(2) The appointing authority shall then classify all qualified applicants for such specific positions or employments in the following manner.

(a) Other residents of the County of Middlesex.

(b) Other residents of the counties contiguous to the County of Middlesex.

(c) Other residents of the State of New Jersey.

(d) All other applicants.

(3) The appointing authority shall first appoint all those in Subsection C(2)(a) (Class Number 1) and then those in each succeeding class in the order above listed and shall appoint a person in any such class only to a position or employment remaining after all qualified applicants in the preceding class or classes have been appointed or have declined an offer of appointment. This provision shall not diminish, reduce or affect the preferences otherwise provided by law.

(4)    In accordance with the provisions of N.J.S.A. 40A:9-1.5, officers and employees appointed in accordance with the provisions of this section shall, as a condition of continued employment, become bona fide residents of the City of Perth Amboy within a reasonable period of time which shall be specified at the time of appointment.

D. Appointments without reference to residency.

(1)    In accordance with the provisions of N.J.S.A. 40A:9-1.7, whenever the appointing authority determines that there are certain specific positions or employments requiring special talents or skills which are not likely to be found among the residents of the City of Perth Amboy, such positions or employments so determined shall be filled without reference to residency.

(2) The appointing authority shall, prior to any determination to fill a position without reference to residency, advertise said position, indicating the special talents or skills required. In the event that applicants who are residents of the City of Perth Amboy do not demonstrate that they have the special talents or skills required for appointment to the position, the appointing authority shall determine that the position may be filled without reference to residency.

(3) The following positions or employments shall be deemed to require special talents or skills which are necessary for the operation of the City of Perth Amboy, except as otherwise provided by state law:

(a) Positions having substantial managerial policy-making and/or policy-implementing responsibilities.

(b) Positions which require pursuant to state law that the appointee hold a specific license or certification.

(c) The nature of the employment is such as to require residence at the Runyon Watershed, Old Bridge Township, New Jersey.

(d) Other positions which require substantial formal education and employment experience and/or which require substantial scientific and technical skills which are necessary for the operations of the City of Perth Amboy.

E. Applicability.

(1)    All of the provisions herein shall apply to all officers and employees hired and/or appointed after the effective date of this section.

(2)    All of the provisions herein shall be construed to require all officers and employees who are employed by the City of Perth Amboy and are bona fide residents of the City of Perth Amboy to remain bona fide residents of the City of Perth Amboy as a condition of continued employment, except that any city officer or employee who has completed more than ten (10) full years of continuous employment and bona fide residency in the City of Perth Amboy thereafter shall not be subject to the residency requirement as a condition of continued employment and shall not be subject to removal or discharge for failure to be a bona fide resident of the City of Perth Amboy. [Amended 10-28-2009 by Ord. No. 1487-2009]

F.   Waiver of residency prohibited. Waivers from the residency requirements set forth in this section shall be prohibited, except as specifically provided herein or by operation of state law. The City Council may, by a majority vote, approve the nonresidence of an employee pursuant to the criteria set forth herein, only upon the recommendation of the Mayor.

G. Preference in promotion. In accordance with the provisions of N.J.SA. 40A:9-1.8, officers and employees who are bona fide residents of the City of Perth Amboy shall be granted preference in promotion. When promotions are based upon merit as determined by suitable promotional tests or other objective criteria, a resident shall be given preference over a nonresident in any instance when all other measurable criteria are equal. The preference granted by this subsection shall in no way diminish, reduce or affect the preference granted pursuant to state law. This section shall not be applied against those officers and employees who have been bona fide residents of the City of Perth Amboy, but have been permitted to reside outside the city after completing ten (10) full years of service pursuant to Section 4-132(E)(2). [Amended 10-28-2009 by Ord. No. 1487-2009]

 

 

§ 4-133.      Chapter organization. [Added 10-20-1992 by Ord. No. 643-92]

   The chapter and paragraph designations may be changed without further action by the City Council for the efficient and effective organization of the Code of the City of Perth Amboy.

 

 

ARTICLE XIX22   Tax Assessor

[Added 9-25-1996 by Ord. No. 862-96]

 

§ 4-134. Appointment and duties.

   A tax assessor, who shall report to the Business Administrator for general administrative purposes to the extent authorized by N.J.S.A. 40:69A-43(a), shall be appointed in the manner and for the term prescribed by law. The Tax Assessor shall serve on a full-time basis and shall have such tenure of office as is provided by law. There shall be such other assessing and clerical personnel as may be provided by ordinance. The Division shall:

A.   Have, perform and discharge all the functions, powers and duties prescribed by law for a municipal tax assessor.

B. Maintain adequate assessment records of each separate parcel of real property assessed or exempted and establish and maintain such files, records and procedures as may be required for the equalization of assessments throughout the city.

C.   Make assessments of benefits for local improvements as provided by law.

D. Maintain a current tax map of the city as a public record and cause to be recorded thereon all changes in ownership or character of the real property assessed, employing for that purpose the facilities of the City Engineer as provided by the Code.

E.   Report from time to time as the Business Administrator may require on matters which relate to the functions and operations of the Division.

 

 

ARTICLE XX   Department of Water and Wastewater Utility

[Adopted 1-13-1999 as Ord. No. 977-99]

 

§ 4-135. Department generally.

   There shall be a Department of Water and Wastewater Utility, the head of which shall be the Director. The Director shall:

A.   Have, exercise and discharge the functions and duties of a department head as otherwise provided by the City Code.

B. Supervise or maintain departmental records and collect and record data for payroll and inventory controls and costs analyses as required or approved by the Business Administrator.

 

 

§ 4-136.    Divisions and bureaus.

   Within the Department there shall be the following divisions and bureaus:

A. Division of Water.

B. Division of Wastewater.

 

 

§ 4-137.      Division of Water.

   The Division of Water, under the direction and supervision of the Director, shall:

A. Operate, maintain and repair the city-owned water supply and distribution system.

B. Purchase, sell or exchange water service to, from and with other municipalities in accordance with intermunicipal agreements.

C.   Install, repair, replace and maintain water meters and provide for the reading of meters periodically as the basis of billing and collection of water rates and charges by the Division of Finance.

D. Maintain, repair and replace fire hydrants as needed.

 

 

§ 4-138.      Division of Wastewater.

   The Division of Wastewater, under the direction and supervision of the Director, shall:

A. Operate, maintain and repair the city sewage pumping stations.

B. Operate, maintain and repair the city sewage collection system, including combined sewers, interceptors, mains, pipes and valves.

C. Purchase, sell or exchange sewage treatment service to, from and with other municipalities in accordance with intermunicipal agreements.

D. Administer and enforce the city ordinances regulating the use of public and private sewers and the discharge of waters and waste into the public sewerage system.

 

 

ARTICLE XXI   Citizen Service Position Notification

[Adopted 5-13-09 by Ord. No. 1465-2009]

 

§ 4-139.         Intent and purpose.

   The purpose of this Article is to foster the openness of government and provide citizens with information concerning the various appointed municipal positions, which exist within the City of Perth Amboy. The Article further provides for a procedure whereby a citizen can indicate his/her desire to serve in a particular appointed positions. Finally, the Article provides for a notification process so that those citizens who have indicated a desire to hold a position will be notified when that position is under consideration for appointment and will ultimately be notified as to the action that was taken.

 

 

§ 4-140. Definitions.

   The following terms as used in this Article shall have the meaning set forth below unless the context within which the term is used clearly provides for a different meaning:

APPOINTED MUNICIPAL POSITION — Any appointed position within the city government which is created either by statutory law or by ordinance or resolution. Examples of such positions are Municipal Historian, member of any board, commission, agency, council or committee or the municipality.

APPOINTING AUTHORITY — The official or body which by virtue of statutory law or by ordinance or resolution is given the authority to appoint a person to hold a particular appointed municipal position.

 

 

§ 4-141.     Registry of appointed municipal positions.

   The City Administrator/Clerk shall cause a register of appointed municipal positions to be prepared and maintained. Such register shall be made available on the city's website and at the Municipal Hall and shall set forth at least the following:

A.   Title of each appointed municipal position.

B.   Brief description of the positions' powers and duties.

C.   Any special credentials or qualifications required to hold the position.

D.   The length of term for the position.

E.   The name of the person currently holding the position, the expiration date of his or her term, and the number of vacant seats on the board or commission.

F.   The dates/times and frequency of any meetings which the holder of the position must attend.

G.   The appointing authority for each board or commission, and who confirms each appointment.

 

 

§ 4-142.  Vacancies.

   The Municipal Administrator/Clerk shall maintain a current updated listing of all existing vacancies for each appointed municipal position within the municipality. Such list shall be made available free of charge of the Municipal Clerk's Office and shall, in addition, be posted by the Municipal Clerk on a bulletin board maintained for public announcements in the Municipal Building. If practicable, the list shall also be posted and maintained on the municipal website.

 

 

§ 4-143.         Filling vacancies.

   Unless essential for the proper functioning and/or carrying on of business of the local agency upon which the vacancy has occurred, a vacancy shall not be filled for a period of thirty (30) days from its posting in order to allow interested persons time to submit applications as provided in Section 4-144 below.

 

 

§ 4-144. Application for citizen service.*

   The Municipal Clerk shall maintain an application form to be completed by any person interested in serving in an appointed municipal position. Such application shall, at a minimum, contain the following information:

A.   Name.

B. Address.

C. Telephone number.

D.   E-mail address.

E. Appointed municipal position(s) sought.

F. Qualifications/experience for position(s).

G.   List of boards and commissions for applicant to indicate desired boards and commissions to serve on.

H. Signature.

*Editor's Note: The application form is on file in the office of the City Clerk.

 

 

§ 4-145. Applications public record.

   An application for citizen service filed for appointment to an appointed municipal position shall be deemed a public record. A person applying shall have the option of keeping their telephone and e-mail address confidential by checking a box designated for such purpose on the application form.

 

 

§ 4-146.          Filing applications.

   Any person interested in serving in an appointed municipal position may file an application for such position with the Municipal Clerk. Such application(s) may be filed at any time, whether or not the appointed municipal position sought is vacant. A person may withdraw his or her application at any time.

 

 

§ 4-147. Maintaining applications.

   The Municipal Clerk shall maintain all filed applications in a file or binder, segregated for each board or commission.

 

 

§ 4-148.         Filling voluntary municipal positions.

   Prior to filling any appointed municipal position, the appropriate appointing authority shall review each application filed for that position. Each person having submitted an application for an appointed municipal position under consideration to be filled shall be notified of said vacancy either by electronic mail or in writing by regular mail, inter-office mail or hand-delivery. The appointing authority shall conduct such review, investigation and/or interviews as the appointing authority deems necessary or advisable, in its discretion. After a decision is reached to fill a vacant appointed municipal position, all those who had submitted an application for that position shall be notified of the appointing decision either by electronic mail or in writing by regular mail, inter-office mail or hand-delivery.

 



2 Editor's Note: See Ch. 430, Zoning and Land Development.

1 Editor's Note: See Ch. 44, Fire Department.

2 Editor's Note: See Ch. 56, Housing Authority.

3 Editor's Note: The Parking Authority, previously codified herein, was dissolved October 10, 2007 by Ordinance No. 1404-2007.

4 Editor's Note: "This ordinance" refers to Ord. No. 675-93.

5 Editor's Note: Former Art. X, Department of Municipal Utilities, as amended, was repealed 9-25-1996 by Ord. No. 862-96.

5A Editor's Note: The title of Article XI was amended 1-13-1999 by Ord. No. 977-99.

6 Editor's Note: See Ch. 38, Electrical Bureau.

7Editor's Note: Former Section 4-84.2, Office of Social Services, previously codified herein and containing portions of Ordinance Nos. 643-92 and 893-97 was repealed and replaced by the Office of Social Services and Housing by Ordinance No. 1283-2005.

8Editor's Note: Former Section 4-84.3, Office of Housing, previously codified herein was repealed in its entirety by Ordinance No. 1283-2005. See Section 4-84.2, Office of Social Services and Housing.

9Editor's Note: Former Subsection E, regarding consumer affairs issues, was repealed 5-14-1997 by  Ord. No. 893-97.

10 Editor's Note: See Ch. 95, Police Department.

11Editor's Note: Former § 4-89, Services of City Physician, was repealed 10-20-1992 by Ord. No. 643-92.

12 Editor's Note: Former § 4-90, Bureau of Youth Services, was repealed 10-20-1992 by Ord. No. 643-92.

13Editor's Note: See Chapter 44, Fire Department.

22 Editor's Note: Former Art. XIX, Transition, as amended, was repealed 10-20-1992 by Ord. No. 643-92.

Chapter 4 ADMINISTRATION OF GOVERNMENT
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