The governing body shall appoint a Zoning Officer,
who is hereby given the duty, power and authority to enforce the provisions
of this chapter. He shall be responsible for the examination of all
applications for permits and the issuance of permits for the construction,
alteration, enlargement and occupancy of structures and all nonconforming
uses existing at the time of the passage of this chapter. The Zoning
Officer shall be responsible for recording and filing all applications
for permits with accompanying plans and documents and to make such
reports to the Board of Adjustment, governing body and the Land Use
Board as may be required.
A.
Purpose. To ensure compliance with the provisions
of this chapter, no person shall erect, alter or convert any structure
or building, or part thereof, nor alter the use of any land, subsequent
to the adoption of this chapter, until the proper permit has been
issued by the Zoning Officer. Building permits for variances and special
uses shall only be issued upon written resolution of the Board of
Adjustment or, in the case of special use variances, the governing
body.
B.
Enforcement.
(1)
The provisions of this chapter shall be enforced by
the Zoning Officer, but any other person shall have the right to enforce
the requirements hereunder by taking action necessary as provided
by law.
(2)
It shall be the duty of the Zoning Officer to keep
a record of all applications for permits together with a record of
all permits issued. He shall file and safely keep copies of all plans
submitted and shall have them available for the use of the officials
of the Borough of Emerson.
(3)
The Zoning Officer shall not issue a permit for the
construction, alteration or use of any building, sign or property,
unless there first is filed with him duplicate copies of the plans
and specifications for the construction or alteration, together with
a plot plan drawn to scale showing the location of all present buildings
and signs on the same. In addition thereto, he shall require a complete
statement of the use for which any present or proposed buildings or
premises are to be occupied. No such permit shall be issued unless
the construction, alteration or use shall conform to the requirements
of this chapter and all other ordinances of the Borough of Emerson.
(4)
All permits shall be issued in duplicate, and one
copy shall be kept conspicuously on the premises affected and protected
from the weather whenever construction work is being performed thereon.
No owner, contractor, workman or other person shall perform any construction
operations of any kind unless a permit covering such operation has
been displayed as required by this chapter, nor shall construction
operations of any kind be performed after notification of the revocation
of said permit.
(5)
All requests for a building permit shall be made in
writing by the owner or his authorized representative on forms supplied
by the Zoning Officer.
C.
Denial of permit. When the Zoning Officer is not satisfied
that the applicants proposal will meet the requirements of this chapter,
he shall refuse to issue a permit and shall so notify the applicant
in writing, giving the reason for denial. The applicant may appeal
to the Board of Adjustment for a reversal or modification of the official's
decision.
D.
Revocation of permits. If it shall appear at any time
to the Zoning Officer that the application or accompanying plan is
in any respect misleading or that work is being done upon the premises
differing materially from that called for in the application filed
with him under the existing law or ordinances, he may forthwith revoke
the permit, whereupon it shall be the duty of the person holding the
same to surrender it and all copies thereof to said Zoning Officer.
After the permit has been revoked, the Zoning Officer may, in his
discretion, before issuing a new permit, require the applicant to
file a guaranty in favor of the Borough of Emerson with sufficient
surety for compliance with this chapter and all laws and ordinances
then in force and in a sum sufficient to cover the cost of removing
the building or structure if it does not so Comply.
E.
Expiration of permits. If a permit has not been acted
upon by the commencement of construction within 12 months (one year)
from the date of issuance, said permit and all rights created thereby
shall expire.
[Amended 4-27-2004 by Ord. No. 1263]
A.
New uses. No structure or land shall be occupied or
used until such time as a certificate of occupancy is issued by the
Zoning Officer. Such certificate of occupancy shall not be issued
until a site plan has been approved by the Land Use Board.
B.
Nonconforming uses. No change or extension of use
and no alteration shall be made in a nonconforming use or premises
without a certificate of occupancy having first been issued by the
Zoning Officer stating that such change, extension, or alteration
is in conformity with the provisions of this chapter, or that the
same has been permitted by action of the Board of Adjustment. No certificate
of occupancy shall be issued by the Zoning Officer until such time
as a site plan has been submitted to, and approved by, the Land Use
Board.
C.
Change of use. No owner, tenant, or other person shall
use or occupy any building, structure, or land, the use of which shall
be changed, without first obtaining a certificate of occupancy issued
by the Zoning Officer. Said certificate of occupancy shall not be
issued by the Zoning Officer until such time as a site plan has been
reviewed or approved by the Land Use Board.
D.
Scope of certificate of occupancy. The certificate
of occupancy shall contain any and all information required by the
Land Use Board, and shall contain sufficient information as to the
extent and kind of use or uses, such that any future investigation
of the premises would disclose the extent to which a use was altered.
It shall also indicate whether such use is a permitted or nonconforming
use, and the extent to which the use does not conform to the provisions
of this chapter.
[Added 9-17-1991 by Ord. No. 991]
Certificates of continued occupancy shall be
required prior to the use or occupancy of any residential building
or dwelling or part thereof subsequent to the sale, lease, rental
or transfer of the real property on which said building or structure
is located until such time as a certificate of continued occupancy
has been issued by the Construction Code Official or other designated
municipal official pursuant to the requirements of this section.
A.
Application. An application for certificate of continued
occupancy as required by this section shall be made on forms provided
by the Construction Code Official. Said Construction Code Official
shall, within 10 days from the receipt of fully completed forms and
fees as required by this section, inspect said property and issue
a certificate of continued occupancy or advise the owner of any specific
reasons for his refusal to issue a certificate of continued occupancy.
B.
Inspection of premises. The inspection of the premises
by the Construction Code Official or the designated municipal official
shall be solely for the following purposes:
(2)
To ensure that sump pumps or other rainwater
and groundwater control systems are not causing or allowing rainwater
or groundwater to enter into the municipal sewer system.
C.
Smoke detectors.
(1)
Smoke detectors shall be installed in each dwelling
unit as defined in N.J.S.A. 55:13A-3 prior to the issuance of the
initial certificate of occupancy or upon the sale, rental, transfer
or lease of any residential dwelling unit in the Borough of Emerson.
(2)
Each residential dwelling unit sold, rented,
leased or transferred shall have a minimum of one smoke detector on
each level. A floor area separated by three or more risers from another
floor area shall be considered a separate level. Where a basement
exists, a smoke detector shall be installed on the basement ceiling.
(3)
Smoke detectors shall not be required in an
unoccupied attic. In order to achieve compliance with this section,
smoke detectors are required to be approved by the Underwriter's Laboratories
or Factory Mutual Research Corp.
(4)
Alarm signals from the smoke detectors shall
be clearly audible in all rooms on the level on which the smoke detector
is installed when all intervening doors are closed.
(5)
Smoke detectors shall be powered by either battery
or electricity. The installation of smoke detectors shall be governed
by the applicable sections of the National Fire Protection Association
(NFPA) 72 (National Fire Alarm and Signaling Code).
[Amended 4-20-2021 by Ord. No. 1627-21]
(6)
Owners of all dwelling units subject to this
section shall be responsible for the correct installation and maintenance
of smoke detectors.
(7)
The owner of a rental unit shall, at the time
of installation of the smoke detector and thereafter at the commencement
of each tenancy, provide to the tenant at least one copy of written
instructions on the operation, maintenance and testing of the smoke
detector, including the replacement of batteries in the battery-operated
unit.
(8)
The owner of each rental unit shall be responsible
for the proper maintenance of the smoke detectors, including the replacing
of batteries and repair or replacement of the unit in accord with
the standards hereinabove set forth.
D.
Lead-based
paint inspections.
[Added 11-22-2022 by Ord. No. 1660-22[2]]
(1)
Inspections for lead-based paint in rental dwelling units shall
be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et
seq. and 55:13A-1 et seq. A dwelling unit in a single-family, two-family,
or multiple rental dwelling shall not be subject to inspection and
evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed after 1978;
(c)
Is in a multiple dwelling that has been registered with the
Department of Community Affairs as a multiple dwelling for at least
10 years, either under the current or a previous owner, and has no
outstanding lead violation from the most recent cyclical inspection
performed on the multiple dwelling under the "Hotel and Multiple Dwelling
Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
(d)
Is a single-family or two-family seasonal rental dwelling which
is rented for less than six months' duration each year by tenants
that do not have consecutive lease renewals;
(e)
Has a valid lead-safe certification.
(2)
Required inspections:
(a)
General inspection. The owner, landlord and/or agent of every
rental dwelling unit offered for rental shall be required to have
an inspection of the facility done by the rental inspection officer
prior to the rental thereof. The rental inspection officer shall inspect
every rental dwelling unit prior to any occupancy or reoccupancy of
the dwelling.
(b)
Lead-based paint inspection. The owner, landlord and/or agent
of every single-family, two-family, and/or multiple dwelling unit
offered for rental shall be required to obtain an inspection of the
unit for lead-based paint hazards every three years, or at tenant
turnover, whichever is earlier.
(3)
Notice. Whenever any rental dwelling unit is scheduled for a
change in occupancy, the then-current owner shall provide written
notice to the rental inspection officer that an inspection is needed
at least 20 days prior to the scheduled change.
(4)
Time for inspections. All inspections and reinspections shall
take place within 10 working days of the requested inspection. Inspection
fees shall be paid prior to the inspection. No inspections or reinspections
shall take place unless all fees are paid. Scheduled inspections or
reinspections may be canceled by the Borough unless the completed
application and required fees have been received by the Borough at
least 24 hours prior to the scheduled inspection or on the last working
day prior to the scheduled inspection. Every inspection where the
landlord, tenant, owner or agent has failed to provide access for
inspection shall be deemed a failed inspection.
(5)
Fees for inspections. Lead-based paint inspection: In addition
to the general inpection fees due pursuant to this section, an additional
fee in the amount of $200 shall be paid for each lead-based paint
inspection. Said fee shall be dedicated to meeting the costs of implementing
and enforcing this subsection; $20 of said fee shall be sent to the
Lead Hazard Control Assistance Fund and shall not be used for any
other purpose. Alternatively, a dwelling owner or landlord may directly
hire a private lead evaluation contractor who is certified to provide
lead paint inspection services by the Department of Community Affairs
to satisfy the requirements of Section 22-346(c)(1)(b), in which case
no additional lead-based paint inspection fee shall be paid. In this
case, an administrative fee of $40 shall be collected along with a
fee of $20 to be collected and sent to the Lead Hazard Control Assistance
Fund.
E.
Certificates on file. A record of all certificates
shall be kept on file at the office of the Construction Code Official
and copies shall be furnished upon request to any person having an
interest in the building upon payment of a fee of $50.
[Amended 4-20-2021 by Ord. No. 1627-21]
F.
Fees. At the time an application for a certificate of continued occupancy is submitted, the applicant shall pay to the Construction Code Official or other designated municipal official a fee as provided in § 150-7 for inspection of smoke detectors and carbon monoxide detectors.
[Amended 5-20-2003 by Ord. No. 1228; 3-2-2004 by Ord. No.
1256; 4-20-2021 by Ord. No. 1627-21]
G.
Notice. The Tax Collector is hereby directed to indicate
on every search and in every tax bill the following: "Ordinance No.
991 requires a certificate of continued occupancy upon the sale, lease,
rental or other transfer of said property."
[Added 5-20-2003 by Ord. No. 1228]
A.
Carbon monoxide detectors are required in all new
one- and two-family houses and prior to the issuance of a certificate
of occupancy on existing homes as defined N.J.A.C. 5:70-2.3 and 4.19(d).
B.
Carbon monoxide detectors shall be installed in each
dwelling unit as defined in N.J.A.C. 5:70-2.3 and 4.19(d) prior to
the issuance of the initial certificate of occupancy or upon the sale,
rental, transfer or lease of any residential dwelling unit in the
Borough of Emerson.
C.
Each residential dwelling unit sold, rented, leased
or transferred shall have a minimum of one single-station carbon detector
installed and maintained in the immediate vicinity of all sleeping
rooms in all buildings of Use Group I-1, R-1, R-2, R-3 and R-4 that
contain fuel-burning appliances or have attached garages.
D.
Carbon monoxide detectors shall not be required in
buildings in Use Group I-1, R-1, R-2, R-3 that do not have a fuel-burning
device or an attached garage.
E.
Carbon monoxide detectors shall be powered by either
battery or electricity or of the plug-in type. The installation of
carbon monoxide detectors shall be governed in accordance with the
requirements of NFPA-720, the UCC and UFC. Each device shall be labeled
in accordance with UL-2034.
F.
Alarm signals from the carbon monoxide detectors shall
be clearly audible in all rooms on the level on which the carbon monoxide
detector is installed when all intervening doors are closed.
G.
Owners of all dwelling units subject to this section
shall be responsible for the correct installation and maintenance
of smoke detectors.
H.
The owner of a rental unit shall, at the time of installation
of the carbon monoxide detector and, thereafter, at the commencement
of each tenancy, provide to the tenant at least one copy of written
instructions on the operation, maintenance and testing of the carbon
monoxide detector, including the replacement of batteries in the battery-operated
unit.
I.
The owner of each rental unit shall be responsible
for the proper maintenance of the carbon monoxide detectors, including
replacing of batteries and repair or replacement of the unit in accord
with the standards hereinabove set forth.
A.
Complaints of violations. Any person may file a complaint
if there is any reason to believe a violation of this chapter exists.
All such complaints must be in writing and shall be filed with the
Zoning Officer, who shall properly record such complaint and immediately
investigate such.
B.
Procedures for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or any ordinance or regulation
made under authority conferred hereby, the governing body or, with
its approval, the Zoning Officer or other proper official, in addition
to other remedies, may institute any appropriate legal 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 about
such premises.
C.
Penalties.
(1)
Except as otherwise provided, any persons, firm or
corporation violating any provisions of this chapter shall, upon conviction,
be punished by a fine of not to exceed $500 for each offense or be
imprisoned in the county jail for a term not exceeding 30 days, or
both. Each day that a violation occurs or is committed shall constitute
a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
No provisions of this section shall be construed to
prevent the Borough of Emerson from taking any other remedy available
for the proper enforcement of this chapter and the prevention of continuance
of violations of the same.
