A.
Mayor and Borough Council. The Mayor and Council shall
enforce this chapter, which requires the issuance of specified permits,
certificates or authorizations as a precedent to:
B.
Zoning Officer. Pursuant to this enforcement authority,
it shall be the duty of the Zoning Officer to act as the agent for
the Governing Body in the enforcement of this chapter, except as may
be provided otherwise by this chapter or by other law. Pursuant to
this duty, the Zoning Officer shall:
(1)
Review applications for construction permits,
zoning approvals, subdivisions, site plans and variances for compliance
with the provisions of this chapter and, in appropriate circumstances,
as specified by this chapter, to issue or deny zoning approvals;
(2)
Investigate any alleged violation of this chapter
coming to Zoning Official's attention, including but not limited to
express provisions of this chapter and any terms and conditions of
approval granted pursuant thereto, whether knowledge of such alleged
violation is by third person complaint or from his/ her own personal
knowledge or observations; and
(3)
When it is determined that 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, and any terms and conditions of approval granted
pursuant to this chapter by the Board, proceed with the enforcement
of this chapter and the penalties provided for hereunder. The Zoning
Officer may also pursue such other statutory method or methods, heretofore
or hereafter provided, as may be open to him.
A.
Power to obtain warrants. In the enforcement of this
chapter, the Zoning Officer may apply to the Fanwood Municipal Court
for a warrant or warrants to search and inspect the properties and
premises upon which the Zoning Official has reason to believe any
violation of this chapter has taken or is taking place and, upon probable
cause shown, the Borough Judge may issue such a warrant or warrants
and the information obtained pursuant thereto shall be admissible
as evidence in any court of competent jurisdiction for the purpose
of providing any case brought for violation of this chapter.
B.
Issuance of abatement notices. For any violations
of this chapter, the Zoning Official may issue an order to abate said
violation(s). Such notices shall be sent by certified mail, return
receipt requested, or by personal service. Each and every day that
a violation of this chapter continues after five days of the mailing
or personal service, as the case may be, of such notice shall be deemed
a separate and distinct violation. Service of an abatement order is
a condition precedent to the filing of a complaint on behalf of the
Borough.
C.
Power to institute court action. 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 Zoning Officer upon authorization by the Governing
Body as provided below, or other authorized local agencies, as contained
herein or as otherwise provided by law, may, in addition to other
remedies, institute any appropriate action or proceedings, including
but not limited to signing of a complaint to be heard in the Fanwood
Municipal Court or other appropriate court, to prevent such unlawful
erection, construction, reconstruction, repair alteration, 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.
Prior to the Zoning Official filing a complaint in Fanwood Municipal
Court, or any other court of competent jurisdiction, the Zoning Official
shall personally appear before the Governing Body and shall show probable
cause that a land use violation has occurred; specifically identify
the section of the Code which has been violated, provide photos or
other competent evidence of the violations, demonstrate that the respondent
has been notified of the intention to file a complaint in court and
of the date of the Council session at which authority shall be sought
to file a complaint. The Mayor and Borough Council shall approve or
disapprove the filing of the complaint by resolution. Adoption of
such resolution shall be a condition precedent to the Zoning Official
filing a complaint in the Fanwood Municipal or any other court.
[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No.
06-11R]
For any and every violation of this chapter,
the owner, contractor or other person or person interested as lessees,
tenants or otherwise in any building or structure, land or premises
where such violations has been committed or continues to exist, shall
be subject to a fine not to exceed $1,250 or 90 days imprisonment,
or both, at the discretion of the court having jurisdiction over the
matter. Each day such violation shall be considered a separate offense.
