The office of the Zoning Officer of the Township
of East Amwell is hereby created. Appointments to the office of the
Zoning Officer shall be made by the Mayor and Committee of the Township
of East Amwell. The term of office shall be one year, commencing January
1. A vacancy in the office shall be filled by the Mayor and Committee
for the unexpired term only. A newly hired Zoning Officer will be
subject to a six-month probationary period when the Zoning Officer
can be terminated at Township Committee's discretion, with or without
cause.
Whenever the Zoning Officer shall ascertain that any of the provisions of Chapter
92 are being violated, he/she shall:
A. Promptly notify the person committing such violation
to cease and desist from continuing such violation. In addition, he/she
should inform the person of the nature of the violation identifying
the ordinance or statute that is being violated and explain in everyday
language what the violation is. If possible, he/she should offer suggestions
as to a remedy that would cure an alleged violation. If such violation
consists of the construction or erection of an illegal building or
structure or an illegal alteration or conversion of an existing building
or structure, he/she shall take such steps that are appropriate and
lawful under the circumstances.
B. After advising the Township Committee in writing of
his intent to file a complaint, he may file a summons/complaint alleging
the violation in the Municipal Court in the manner prescribed by law
and the rules governing the practice in such Court. With the advice
of the Municipal Attorney and the permission of the Township Committee,
he/she may institute proceedings in the Superior Court when, in his/her
opinion, the same are warranted, to enjoin said violation and to effect
the discontinuance thereof. Nothing herein shall prevent any person
other than the Zoning Officer from instituting a complaint for any
violation of said chapter in the manner prescribed by law.
In the enforcement of Chapter
92, the Zoning Officer may apply to the Judge of the Municipal Court for a warrant or warrants to search and inspect the properties and premises upon which he/she has reason to believe any violation of this chapter has taken or is taking place, and, upon probable cause shown, the Judge may issue such a warrant or warrants in the manner authorized by law; and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.
In addition to the duty of enforcement of Chapter
92 and prosecuting the violations thereof, the Zoning Officer shall:
A. Make an inspection of every parcel of land, building
or structure for which a zoning or land use permit is requested prior
to the issuance of such permit, in order to ascertain that said construction,
occupancy or use will comply with every standard, regulation and requirement
of this chapter for such occupation and use.
B. After proper inspection and investigation, issue land
use permits and certificates of occupancy in appropriate instances
and within his/her jurisdiction.
C. Report to the Planning Board with respect to matters
which are properly before the Board, and otherwise conduct investigations,
report to and be responsible to the Mayor and Committee with respect
to matters pertaining to the Zone Plan and this chapter and otherwise
within his/her jurisdiction.
[Amended 3-8-2018 by Ord.
No. 18-02]
D. Start and maintain an accurate and complete file with
respect to every alleged violation of this chapter or other matter
investigated and processed by him/her.
E. File a monthly report of his/her activities, including
the complaints and cases processed by him/her and the disposition
thereof, with the Mayor and Committee of the Township of East Amwell.
The salary of the Zoning Officer shall be as
set by the Mayor and Committee of the Township.