Borough of Kinnelon, NJ Article IX Administration and Enforcement

§ 207-24 Certificate of occupancy.

A. Purpose. No land shall be occupied or used and no building hereafter erected shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Building Inspector, stating that the premises or building complies substantially with all the provisions of this chapter.

B. Application. A certificate of occupancy must be applied for at the same time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building has been completed and approved. A record of all certificates of occupancy shall be kept on file in the office of the Building Inspector, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

C. Requirements. No certificate of occupancy shall be issued until all of the ordinances of the Borough of Kinnelon have been complied with and a certificate has been issued by the Board of Health stating that all the provisions of its ordinances and regulations have been complied with.

§ 207-25 Interpretation of regulations.

In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this chapter to repeal, abrogate, annul or in any way impair or interfere with any existing provisions of the law or ordinance or any rules, regulations or permits previously adopted or issued, or which shall be adopted or issued pursuant to law, relating to the use of buildings or premises, nor is it intended by this chapter to interfere with or abrogate or annul any easements, covenants or other agreements between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations or permits or by such easements, covenants or agreements, the provisions of this chapter shall control.

§ 207-26 Violations and penalties.

A. This chapter shall be enforced by the Zoning Officer and any officer of the Police Department of Kinnelon, who are empowered to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any of the provisions of these regulations within 10 days after service of said order on the owner and/or occupant.

B. The Zoning Officer or any officer of the Police Department shall bring suit in the Municipal Court of the Borough of Kinnelon in the event that his order is not complied with as required above. The Judge of the Municipal Court is to hear the charge and determine whether the defendant is guilty of the violations charged and shall punish any violator pursuant to Subsection C of this section.

C. The owner or agent of the building or premises where a violation of any provision of these regulations shall have been committed or shall exist, or the agent, architect, building contractor or any other person who shall commit, take part or assist in any such violation, or who shall maintain any building or premises in which any violation of this chapter shall exist, shall, for each and every violation, upon conviction, be punishable by one or more of the following at the discretion of the court: a fine not to exceed $1,000 or imprisonment in the county jail for a term not to exceed 90 days or community service not to exceed 90 days. Each day that a violation is permitted to exist shall constitute a separate offense.

[Amended 6-21-1990 by Ord. No. 4-90]