Right to Appeal

Any person aggrieved by this order — the owner of the premises or of the use, or an owner's authorized agent — has the right to appeal. Because this matter arises from the action of a local enforcing agency, a written hearing request must be made to the Construction Board of Appeals in the municipality where the premises is located or, if no municipal board exists, to the Union County Construction Board of Appeals. A copy of the request must also be sent to the City of Elizabeth Bureau of Fire Prevention at the address shown in the letterhead above.

Imminent Hazard — How and When to Appeal

This is an imminent hazard notice. Except in emergent circumstances, you have 24 hours to request a hearing before any order to close, vacate, or remove takes effect; in emergent circumstances the order may take effect immediately. A request made within this 24-hour period may be made orally to the person identified on this notice, but it must be put in writing (meeting the requirements below) and served on the enforcing agency at the hearing. After 24 hours have passed, if the action required by the order has been completed, you then have 15 days to request a hearing.

If a hearing is requested within 24 hours, a hearing will be held and a final decision issued within 48 hours of the request. If the request is made to a Construction Board of Appeals and no final decision is issued within two working days, you may then apply in writing to the Department of Community Affairs, Division of Fire Safety, clearly identifying it as an imminent hazard appeal; in that case a hearing will be held and a decision issued within three working days. A request made under the 15-day provision will be heard and decided within seven working days.

What Your Hearing Request Must Contain

Every hearing request must be signed by a proper party and must state:

1. the date of the action being appealed;
2. the name and status of the person making the appeal;
3. the specific violation(s) or other action claimed to be in error; and
4. a concise statement of the basis for the appeal.

If the appeal instead concerns an action of the Department, the written request is made to: Hearing Coordinator, Department of Community Affairs, Division of Fire Safety, PO Box 809, Trenton, New Jersey 08625-0809. Such hearings are conducted by the Office of Administrative Law, with the Commissioner or a designee issuing the final decision.

Penalties

Failure to comply with this order may subject you to penalties authorized by the Uniform Fire Safety Act (N.J.S.A. 52:27D-192 et seq.) and the Uniform Fire Code (N.J.A.C. 5:70-2.11). As stated in the Notice, the owner may also be held liable for the actual costs of fire suppression where a violation directly or indirectly results in a fire.

Requesting an Extension of Time

If the required corrective action cannot be completed within the time specified, you may request additional time. A request for an extension should be made in writing to the Fire Official before the compliance deadline and should state the reasons additional time is needed and the amount of time requested. The Fire Official may grant a reasonable extension where good cause is shown.