It shall be the duty of the Building Official
of the City, as Zoning Officer, or his representative in his absence
to administer and enforce this chapter in accordance with the provisions
of the Building Code and of this chapter. In no case shall a permit
be granted for the construction or alteration of any building where
the proposed construction, alteration or use would be in violation
of any provision of this chapter. It shall be the duty of the Building
Official or his representative to cause any buildings, plans or premises
to be inspected or examined and to order, in writing, to the owner
or his agent, that any condition be remedied which is found to exist
in violation of any provisions of this chapter, and he shall have
the right to enter any building or premises during the daytime in
the course of his duties. A copy of any order given in writing to
an owner or his agent that any condition be remedied shall be given
to the Municipal Clerk.
Every application for a building permit shall be accompanied by duplicate plans, drawn in ink, blue or black and white copies, showing the actual shape and dimensions of the lot to be built upon; the location, size and height of the structures to be erected; existing structures; the existing and proposed setback lines; and the existing or intended use of each structure or part thereof. The plan shall also show the number of dwelling units the building is designed to accommodate, the number and location of off-street parking spaces and off-street loading areas and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this chapter. The application shall also be accompanied by proof of final approval by the Planning Board as required by Chapter 244, Subdivision of Land and Site Plan Approval. One copy of such plans shall be returned to the owner when such plans have been approved by the Building Official, together with such permits as may be granted.
It shall be unlawful for an owner to use or
permit the use of any building or part thereof hereafter erected,
altered, converted or enlarged, wholly or in part, until a certificate
of occupancy, applied for at the time of application for a building
permit, shall have been issued by the Building Official. Such certificate
shall show that such building or part of the building and the proposed
uses thereof conform to the requirements of this chapter. It shall
be the duty of the Building Official to issue a certificate of occupancy
only when he is satisfied that the building, or part of the building,
and the proposed use thereof so conforms.
No land shall be used, no use shall be commenced
and no structure shall be erected, constructed, reconstructed, altered
or converted and no land, use or structure shall be changed from an
existing use to a new use until a zoning permit is issued by the Zoning
Officer stating that such use, structure or building conforms to and
complies with the provisions of this chapter or that a variance has
been granted from the appropriate provisions of this chapter by a
board of competent jurisdiction.
It shall be the duty of the Building Official
to keep a record of all applications for building permits, a record
of all permits issued and a record of all certificates of occupancy,
together with a notation of all special conditions involved. He shall
file and safely keep copies of all plans submitted, and the same shall
form a part of the records of his office and shall be available for
the use of the City Council and of other officials of the City.
The Zoning Officer may issue a temporary zoning
permit and the Building Official may issue a temporary certificate
of occupancy for a use of land or a building which is related to the
development of a permitted use of the property. In evaluating any
application for such temporary permits, the building or structure
in question must meet the minimum requirements as set forth in the
New Jersey Uniform Construction Code Act[1] for the issuance of temporary certificates of occupancy
and a bond shall be posted which is sufficient, in the judgment of
said Zoning Officer and Building Official, that will guarantee the
completion of the project. Such temporary permits shall be issued
for a period not to exceed six months and may be extended for an additional
period not to exceed six months.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et
seq.
The Zoning Officer shall prepare a monthly report
summarizing, for the period since his last report, all zoning permits
issued, complaints of violations received and action taken by him
with respect thereto. Such report shall be in a form and shall contain
such information as the City Council may direct. A copy of such reports
shall be made available to the Building Official and to the Tax Assessor.
[Amended 12-24-1990 by Ord. No. 1990-5]
Fees shall be paid by the applicant to the City
for the following, and the amount of each fee is available from the
City Clerk:
This chapter shall be enforced by the Zoning
Officer. It shall be his primary duty to investigate violations of
this chapter coming to his attention, serve notices to abate violations,
sign complaints where justified and cooperate with other municipal
officials in the prosecution of violators. The enumeration herein
of the primary duties of the Zoning Officer shall not mean that other
officials and employees shall be relieved of their obligation to enforce
this chapter. The Zoning Officer or other municipal employees, authorized
by the City Council, shall have the right to inspect any lot or building
at reasonable times for the purpose of investigating possible violations
of this chapter.
In addition to actions commenced by the Zoning
Officer in the enforcement of this chapter, in cases where any building
or structure is, or is intended to be, erected, constructed, reconstructed,
altered or converted, or any building or structure is, or is intended
to be, used in violation of or contrary to the provisions of this
chapter, the Attorney for the Zoning Board of Adjustment is hereby
authorized, pursuant to directions of the City Council, to institute
an action to enjoin the erection, construction, alteration, conversion
or use of any such structure or building or the commencement of any
use in violation of this chapter or to pursue any other appropriate
action, proceedings or remedies available at law to prevent the commencement
of or the continuation of such use.
[Amended 12-29-1990 by Ord. No. 1990-5; readopted 9-27-2004 by Ord. No. 2004-23]
For any and every violation of the provisions
of this chapter, the owner, contractor or other persons interested
as general agent, architect, building contractor, tenant or any other
person who commits, takes part in or assists in any violation of this
chapter or who maintains any building or premises in which any violation
of this chapter shall exist and who shall have refused to abate such
violation within five days after written notice shall have been served
upon him, either by certified mail or by personal service, shall,
for each and every violation, be subject to a fine.
This chapter may be amended in accordance with
the provisions of the statutes of the State of New Jersey.
This chapter shall be read in para materia with Chapter 51, Land Use Procedures, of this revision with the provisions of the Municipal Land Use Law, P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., to the end that all procedures, and to the extent possible, all substantive provisions of this chapter and Chapter 51 shall be in compliance with the provisions of the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.
