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4 N.J.A.R. 282

Hasbrouck Heights, Borough of; Community Affairs, Department of, Board of Construction Code Enforcement v
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Citation: 4 N.J.A.R. 282
Decision Date: 1983
Agency: DEPARTMENT OF COMMUNITY AFFAIRS
Synopsis: The Bureau of Construction Code Enforcement sought to order the Borough of Hasbrouck Heights to refund to all permit applicants all fees improperly collected as construction permit fees under local ordi- nances which the Bureau claimed were enacted in violation of the State's Uniform Construction Code, N.J.S.A. 52:270-119, et seq., and its accompanying regulations N.J.A.C. 5:23-4.17 et seq. While finding that the local ordinances did violate the construction code, the administrative law judge determined that the Bureau had no express or implied power to mandate the restitution or refund of permit fees. The judge determined that money judgment claims for restitution on alleged fee overpayments are remediable only as law in the courts. Accordingly, the Bureau's recovery orders were declared invalid. Peter E. Markens, Deputy Attorney General, for petitioner (Irwin I. Kimmelman, Attorney General of New Jersey, attorney) William D. Gorgone, Esq., for respondent
Rule(s) Cited: 5:23-4.17 et seq.