Bill Text: NJ S2593 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires Commissioner of Community Affairs to adopt rules requiring property owner undertaking construction, rehabilitation, or demolition to take measures to safeguard adjoining property.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2011-04-11 - Withdrawn from Consideration [S2593 Detail]
Download: New_Jersey-2010-S2593-Introduced.html
Sponsored by:
Senator SEAN T. KEAN
District 11 (Monmouth)
SYNOPSIS
Requires Commissioner of Community Affairs to adopt rules requiring property owner undertaking construction, rehabilitation, or demolition to take measures to safeguard adjoining property.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning construction on adjoining properties and supplementing P.L.1975, c.275 (C:52:27D-119 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In accordance with the "Administrative Procedure Act" P.L.1968, c.410, (C.52:14B-1 et seq.), the Commissioner of Community Affairs shall adopt rules requiring an owner of property who undertakes construction, rehabilitation or demolition work at the property to take measures to safeguard adjoining property from damage caused by the work.
b. The Commissioner of Community Affairs shall adopt rules requiring the owner undertaking construction, rehabilitation, or demolition work, and who is required by rules adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) to take measures to safeguard adjoining property, to:
(1) deliver written notice that the work could potentially damage adjoining property to the owners of adjoining property; and
(2) request or obtain written permission to enter the adjoining properties to determine the measures that shall be taken to safeguard the adjoining property from damage.
2. a. When the commissioner has adopted rules pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the owner of an adjoining property refuses permission to enter, the owner undertaking work shall refer the matter to the construction official for the municipality where the adjoining property is located and shall give the owner of the adjoining property written notice of the referral.
b. On receiving a referral pursuant to this subsection, a construction official shall examine any proposal for safeguard measures and determine whether the safeguard measures comply with section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill) or any regulations adopted thereunder. The construction official may make inquiries and request additional information as necessary for the purpose of making a determination about the sufficiency of any proposed safeguard measures. The construction official may enter the adjoining property in the manner described in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill) to assess whether any proposed measures to safeguard the adjoining property comply with rules adopted by the commissioner pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).
3. a. The enforcing agency of the municipality where the adjoining property is located shall be responsible for determining whether proposed measures to safeguard adjoining property comply with rules adopted by the commissioner pursuant to section 1 of P.L. , c. (C. )(pending before the Legislature as this bill).
b. The enforcing agency shall give the owner undertaking construction, rehabilitation, or demolition work written notice of the determination.
c. The enforcing agency shall give the owner of adjoining property written notice of the determination.
4. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to require the owners of adjoining properties to consent to safeguard measures prior to issuance of a construction permit on the property of the owner intending to do work if the owner undertaking work has complied with municipal zoning ordinances and the application for a permit conforms with section 12 of P.L.1975, c.217 (52:27D-130).
5. Upon a determination by the construction official that the proposed safeguard measures comply with section 1 of P.L. , c. (C. ), the construction official shall issue a limited permit authorizing the owner undertaking construction, rehabilitation, or demolition work to enter the adjoining property. The construction official may only authorize the owner undertaking work to enter for the purpose of taking measures to safeguard the adjoining property from damage pursuant to rules adopted pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill). The official may only authorize the owner undertaking construction to enter only for a period of time reasonable to take the required measures to safeguard the adjoining property. The owner undertaking measures to safeguard the property may enter the adjoining property only in a manner consistent with the permit and as described in section 6 of P.L. , c. (C. ) (pending before the Legislature as this bill).
6. a. A person shall give the owner and occupier of the adjoining property not less than 24 hours' notice, or such other notice as is agreed between them, of the person's intention to enter the adjoining property.
b. For the purpose of inspecting and taking measures to safeguard, the construction official or owner wishing to undertake work, or the owner's agent, engineer, or architect, may, on the day stated in the notice, enter between the hours of 8 a.m. and 6 p.m. in or on, or into the air space above, the adjoining property and carry out the safeguard measures.
c. (1) In the event that the adjoining property is not accessible because it is locked up, fastened, sealed, or otherwise secured, the construction official or owner wishing to undertake work, or the owner's agent, engineer, or architect shall apply to a court having jurisdiction in the municipality where the adjoining property is located.
(2) The court may issue an order permitting access to the property only for the purpose of inspecting to safeguard or taking measures to safeguard. An order permitting access shall issue only upon an affidavit of the construction official.
(3) The order shall permit only the county sheriff to unlock, unfasten, unseal, or otherwise breach any security measures protecting the adjoining property. The order shall specifically identify the type of safeguarding work to be done and shall specify and limit the duration of the right of entry to accomplish the inspection or safeguard measures.
(4) Any order issued pursuant to this subsection shall expire no more than 10 business days from the date the order issues.
7. Notwithstanding the provisions of any law to the contrary, the owner of adjoining property may appeal the determination of the construction official on the safeguard measures in a court of competent jurisdiction.
8. If the owner undertaking construction, rehabilitation, or demolition work is required to take measures to safeguard adjoining property pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) and the adjoining owner cannot be found after a reasonable effort, the owner undertaking work may request the construction official to appoint themselves or another suitable person to act as an agent for the adjoining owner to carry out any requirements of rules adopted pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill).
9. Compliance with any rule set forth by the commissioner pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) does not relieve the owner undertaking construction, rehabilitation, or demolition work from any liability that the owner would otherwise be subject for injury to the adjoining owner or adjoining occupier.
10. This act shall take effect immediately.
STATEMENT
This bill requires the Commissioner of Community Affairs to adopt rules requiring an owner doing construction work on his or her property to implement measures to protect adjoining properties that might be damaged by the construction, rehabilitation or demolition work. The local construction official and enforcing agency are responsible for determining whether protection measures are required and whether proposed measures are acceptable.
This bill prevents owners of adjoining property from having a veto power over ordinary construction, demolition, or rehabilitation projects on neighboring property, but preserves the protections that the individual owner performing construction work is required to take. Currently, under N.J.A.C.5:23-2.34, the only recourse available when an adjoining neighbor refuses to grant access to their property is for the owner doing construction work to go to court for an order allowing entry. Under this bill, upon a determination by the construction official that the proposed safeguard measures comply with section 1 of the bill, a limited permit is issued authorizing the owner undertaking construction, rehabilitation, or demolition work to enter the adjoining property for the sole purpose of taking measures to safeguard the adjoining property from damage. The entry authorization is only effective for a reasonable period of time necessary to take the required measures to safeguard the adjoining property and the owner or occupier of that adjoining property must receive not less than 24 hours' notice, or such other notice as is agreed between them, of the permit holder's intention to enter the adjoining property. Entry also must occur between the hours of 8 a.m. and 6 p.m.
When an adjoining property is not accessible because it is locked up, fastened, sealed, or otherwise secured, either the construction official or owner wishing to undertake work is required to apply to the court for an order permitting access to the property. In that case, only the county sheriff may unlock, unfasten, unseal, or otherwise breach any security measures protecting the adjoining property. A court order for these purposes would expire within 10 business days of issue.
This bill also provides the owner of an adjoining property with the right to appeal the determination of the construction official on the adequacy of the safeguard measures to a court.
