Administrative officials. It shall be the duty
of the construction code officials to administer and enforce the provisions
of this chapter. No structure shall be erected until a building permit
is obtained from the construction code officials, and no structure
or lot shall be used in violation of this chapter. It shall be the
duty of the construction code officials to keep a record of all applications
and all building permits which are either issued or denied, with notations
of any conditions involved which data shall form a part of the borough
public records. A monthly report of building permits issued shall
be filed with the Tax Assessor. It shall be the duty of the construction
code officials to inspect the structures and land in the borough and
order the owner, in writing, to remedy any condition found to exist
in violation of any provisions of this chapter.
A building permit shall be granted or denied
within 10 days from the date of a complete application unless additional
time is agreed upon, in writing, by the applicant. One copy of such
plans shall be returned to the owner when such plans shall have been
approved or denied by the Construction Code Official, together with
such permit as may be granted. All dimensions shown on these plans
relating to the location and size of the lot to be built upon shall
be based on an actual survey of the lot by a licensed land surveyor
in the State of New Jersey. The lot and the location of the structures
thereon shall be staked out on the grounds before construction is
started. No building permit shall be issued for any new structure
located in a subdivision unless that subdivision is duly approved
by the Planning Board in accordance with the provisions of the Borough
Land Subdivision and Site Plan Ordinance.
[Amended 12-13-2021 by Ord. No. 3587-21]
A. No building or structure shall be occupied or used
in whole or in part unless and until a certificate of zoning compliance
has been issued by the Construction Official. The Construction Official
shall not issue such certificate unless he determines, after inspection,
that there are no violations of any applicable laws, ordinances or
orders pending at the time of issuing the certificate. The certificate
shall be issued upon written request from the owner or his authorized
agent.
B. A certificate of zoning compliance shall be applied
for and obtained prior to the use or occupancy of the whole or any
part of any building:
(1) Undergoing construction or alteration.
(2) Undergoing a change in use.
(3) Undergoing a change in ownership.
(4) Undergoing a change in occupancy in other than residential
districts.
C. Upon receiving an application for a certificate of
zoning compliance, the Construction Official shall make an inspection
of the building or part thereof for which the certificate is requested
and shall forthwith issue the certificate of zoning compliance if
the building or alteration has been completed and if the use and occupancy
thereof shall be in conformity with the Revised Ordinances of Rutherford
or other applicable ordinances of the borough and if the building
is safe and does not constitute a nuisance or hazard likely to result
in injuries to persons or damages to property. In case the Construction
Official shall decline to issue a certificate of zoning compliance,
his reasons for doing so shall be stated to the applicant, and a written
statement thereof shall be transmitted to the applicant on request.
[Amended 12-13-2021 by Ord. No. 3587-21]
A. Notwithstanding §
131-44A or
C above, the Construction Official shall, after appropriate application and inspection as described in §
131-44C above, issue a conditional certificate of zoning compliance for one-family and two-family detached dwellings and one-family attached dwellings in instances where title to that dwelling is being transferred if:
(1) The party acquiring title certifies under oath that
a binding contract exists between that person and the current owner
of the dwelling and that failure to complete the transaction prior
to correction of any violations and issuance of an unconditional certificate
of zoning compliance will result in financial hardship; and
(2) The violations noted in the inspection report are limited to violations of Chapter
78, Property Maintenance Code, of the Code of the Borough of Rutherford, and/or violations of other codes which do not result in a significant direct threat to health and safety.
B. A conditional certificate of zoning compliance shall:
(1) List violations which must be corrected prior to issuance
of an unconditional certificate.
(2) Establish a reasonable time not to exceed 30 days
or such longer period as the Construction Official deems reasonable
for completion of the requisite corrections.
C. No conditional certificate of zoning compliance shall
be issued unless the person acquiring title to the property shall
countersign a copy of the conditional certificate acknowledging the
conditions which need correction; permitting the Construction Official
or his designee to inspect the property upon reasonable notice; and
acknowledging that failure to satisfy the conditions within the time
provided may, in the discretion of the Construction Official, result
in the filing of such enforcement action as the Construction Official
deems appropriate, including the filing of a complaint with the Municipal
Court.
D. No conditional certificate of zoning compliance shall
be issued unless the dwelling may be occupied safely prior to full
correction of any violations without endangering life or public welfare.
[Amended 12-13-2021 by Ord. No. 3587-21]
Notwithstanding §
131-44A or
C above, in instances where title to one-family and two-family detached dwellings and one-family attached dwellings is being transferred, the Construction Official shall, after the appropriate application and inspection described in §
131-44C above, defer the requirement that a certificate of zoning compliance issue if:
A. The person acquiring title certifies under oath that
no person will use or occupy the dwelling for any purpose except to
perform necessary repairs until all violations are corrected; and
B. The person acquiring title shall countersign the writing
in which the deferral shall be granted acknowledging that:
(1) No person shall use or occupy the dwelling for any
purpose except to perform necessary repairs until all violations are
corrected;
(2) No certificate of zoning compliance shall be issued until full compliance with §
131-44A and
C above;
(3) He is aware of the violations noted on the inspection
report prepared by the Construction Official or his designee;
(4) He permits the Construction Official or his designee
to inspect the property upon reasonable notice;
(5) The person acquiring title shall report the progress
of repairs to the Construction Official at such reasonable intervals
as the Construction Official shall determine on the status of necessary
repairs; and
(6) Failure to file the appropriate report or occupancy
of the premises in violation of this section may, in the discretion
of the Construction Official, result in such enforcement action as
the Construction Official deems appropriate, including the filing
of a complaint with the Municipal Court.
[Amended 12-13-2021 by Ord. No. 3587-21]
Issuance of a conditional certificate of zoning compliance pursuant to §
131-45 or deferral of the certificate of zoning compliance requirement pursuant to §
131-46 shall not affect the right of the Construction Official to take such enforcement action as he deems appropriate for violations of law or any ordinance.
[Amended 12-13-2021 by Ord. No. 3587-21]
A. A certificate of zoning compliance shall be issued
to any person having a proprietary or tenancy interest who shall be
held responsible for any violations on the premises. A record of all
certificates shall be kept on file by the Construction Official, and
copies shall be furnished to any person having a proprietary or tenancy
interest in the building affected.
B. Fees for each original certificate of zoning compliance shall be as stipulated in Chapter
22, Construction Codes, Uniform, of the Borough of Rutherford Code.
C. A monthly report of each certificate of zoning compliance
and conditional certificate of zoning compliance and each deferral
of the requirement issued shall be filed with the Tax Assessor and
the Mayor and Council. A record of all such items shall be kept in
the office of the Construction Official.