Mercer County Construction Board of Appeals
Mercer County Administration Building
640 South Broad Street, Room 201 Trenton, NJ 08650
Telephone: 609-989-6511 Fax: 609-392-8625
The Mercer County Construction Board of Appeals ("Board") was established by the Board of Chosen Freeholders pursuant to the Uniform Construction/ Fire Code, State of New Jersey. The Board was formed to hear appeals from the decisions of enforcing agencies within Mercer County.
In order to have an appeal scheduled, the following information must be provided to the Board’s secretary prior to the specified date given to abate a violation: a completed application; a copy of the Notice of Violations/Orders to Correct; a check in the amount of $100.00 which represents the filing fee, payable to: "Mercer County Construction Board of Appeals". The enforcing agency should be copied on all correspondence concerning an appeal.
Who can appeal? The Appellant can be either the building home owner or an agent of same. If you are a corporation, however, you must be represented by an attorney.
What can be appealed? In accordance with N.J.A.C. 5:23-2.35 or N.J.A.C. 5:70-2.19, the following is a partial list:
o Denial of an application for a permit;
o Failure of the municipality to act on an application for a construction permit;
o Failure of the municipality to act on an application for a Certificate of Occupancy;
o Denial of a variation;
o Assessment of penalties;
o Issuance of a Notice of Violation;
o Issuance of an Imminent Hazard;
o Stop work order, Notice of Unsafe Structure;
o Fire lane obstruction;
o Municipal Land Use escrow matters, N.J.S.A. 40:55 D-53.2 et seq.
o Other decisions pursuant to State law or State regulations.
All Board hearings are subject to the provisions of N.J.S.A. 10:5-1 et seq., known as the "Open Public Meetings Act"; are quasi-judicial; and a court reporter is present to record the proceedings for any future transcripts. Both the Appellant and the Municipality are entitled to one (1) postponement each, and the request for a postponement must be received within forty-eight (48) hours prior to the scheduled hearing date. Withdrawals must be received with seventy-two (72) hours prior to the meeting of the Board. Failure to appear will automatically result in a dismissal.