Title
Dept/ Agency: Engineering
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Adopting a Policy
Purpose: Requesting approval of the Director of the Division of Local Government Services to establish a Dedicated Trust by Rider for Uniform Construction Code Inspection Fund
Additional Information:
body
WHEREAS, permission is required of the Director of the Department of Community Affairs, Division of Local Government Services, for approval to establish a Dedication by Rider for revenues received by a municipality when the revenue is not subject to a reasonable accurate estimate in advance; and
WHEREAS, N.J.S.A.40A:4-29, provides that the Director of the Division of Local Government Services may approve the expenditures of money by Dedication by Rider; and
WHEREAS, N.J.S.A. 52:27D-124.3, authorizes a municipality to engage a private agency to administer the State Uniform Construction Code and include in the fee charged by it for work done by the private agency an amount sufficient to cover a proportionate share of administrative costs incurred by the local enforcing agency in connection with inspections performed by the private agency; and
WHEREAS, N.J.A.C. 5:23-4.14 (k), authorizes a municipality to engage third party inspectors, who are compensated by charging a fee multiplied by the percentage set forth in the contract between the private agency and the municipality; and
WHEREAS, the City of Newark utilizes the services of third-party inspectors for certain sub-code inspections, including, but not limited to elevator inspections and retains a certain portion of the fees charged and, with regard to elevator inspections includes an administrative fee, presently set at 40%, and seeks authority to establish a Dedication by Rider for those revenues and expend those monies to offset expenses of the Uniform Construction Code Office maintained by the City of Newark on an annual basis, including, but not limited to the proportionate share of administrative costs incurred in connection with inspections performed by the private agencies.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY,THAT:
- The Mayor and/or his designee, the Director of Finance, is hereby authorized by the Municipal Council of the City of Newark to request permission of the Director of the Division of Local Government Services for the approval to establish a Dedicated Trust by Rider for revenues received from third party inspections, including, but not limited to elevator inspections, for which the City of Newark currently receives a 40% administrative fee.
- The funds will exclusively be used to offset costs incurred by the Uniform Construction Code Office maintained by the City of Newark, including, but not limited to the proportionate share of administrative costs incurred in connection with inspections performed by the private agencies.
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- The Municipal Clerk of the City Of Newark, State Of New Jersey is hereby directed to forward two (2) certified copies of this resolution to the Director of the Division of Local Government Services, Department of Community Affairs.
STATEMENT
This resolution hereby requests approval from the Director of the Division of Local Government Services to establish a Dedicated Trust by Rider for Uniform Construction Code Inspection Fund, pursuant to N.J.S.A. 52:27D-124.3 and N.J.A.C. 5:23-4.14.