No structure or land shall be used in violation of this chapter
and/or any approved site plan.
A.Â
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this chapter. The City Zoning Officer shall inspect
the structures and land in the City and order the owner, in writing,
to remedy any condition found to exist in violation of any provision
of this chapter and/or any site plan approved by the Planning Board
or the Zoning Board of Adjustment, as the case may be, including any
conditions of approval written in the approval resolution.
B.Â
The Zoning Officer is hereby authorized to investigate any violation
or alleged violation of the provisions of this chapter, whether by
complaint of third persons or from their own personal knowledge or
observation. When any building or structure is erected, constructed,
altered, repaired, converted or maintained or any building, structure
or land is used in violation of any provision of this chapter, it
shall be the duty of the Zoning Officer to proceed with the enforcement
of said provision and the penalties provided for hereunder. Such enforcement
may include the issuance of summons requiring an appearance in Municipal
Court. The Zoning Officer may also pursue such other statutory method
or methods, heretofore or hereafter provided, as may be available.
C.Â
In the enforcement of the provisions of this chapter, the Zoning
Officer may apply to the Municipal Court for a warrant to search and
inspect the properties and premises upon which he/she has reason to
believe any violation of said article has taken or is taking place,
and upon probable cause shown, the Municipal Court Judge may issue
such a warrant, and the information obtained pursuant thereto shall
be admissible as evidence in any court of competent jurisdiction for
the purpose of proving any case brought for violation of this chapter.
A.Â
The Zoning Officer shall notify the owner of any structure or land
found to exist in violation of any provision of this chapter and/or
any approved site plan of such violation(s), in writing by certified
mail. Such notice shall specify that the owner will have 15 days thereafter
to respond to the Zoning Officer as to such violation(s) and the remedies
to be taken. A copy of the notice and response shall be immediately
filed in the Office of Inspections.
B.Â
If the violation creates hazardous conditions, the Zoning Officer
may require a response or correction within 24 hours to 48 hours.
Upon notice being served of any condition found to exist in
violation of any provision of this chapter and/or any approved site
plan with respect to any land use, the certificate of occupancy for
such use thereupon, without further notice, shall be null and void,
and a new certificate of occupancy shall be required for any further
use of such structure or land.
A.Â
Within 15 days following the mailing of the notice to the owner,
the owner shall respond to the Zoning Officer as to the violation(s)
and the remedies to be taken. A lack of response from the owner shall
result in an automatic filing of a summons in Municipal Court.
B.Â
In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter, the proper local authorities,
as contained herein, or an interested party may institute any appropriate
action or proceedings to prevent such unlawful erection, construction,
reconstruction, alteration, repair, conversion, maintenance or use
to restrain, correct or abate such violation, to prevent the occupancy
of said building, structure or land or to prevent any illegal act,
conduct, business or use in or about such premises. Each and every
day such violation continues after the expiration of an abatement
notice or after initial construction, as the case may be, shall be
deemed a separate and distinct violation.
