[1980 Code § 121-92; Ord. No. O-28-12]
The Division Manager, with the consent of the Director, shall
have the power to withhold strict enforcement of the requirements
of this Code upon written application therefor by an owner, operator
or occupant, after making determination that:
a.
Any variation or modification of structure or use approved by the
Division Manager will not in any material way alter the standards
of this Code and cannot affect detrimentally the health or safety
of occupants of the premises or the health, safety or welfare of the
occupants or owners of adjacent premises or of the neighborhood.
b.
Strict enforcement would constitute an undue and unnecessary hardship
on the owner, operator or occupant because it would compel expenditures
on the premises which would be substantially disproportionate to any
benefit to health, safety or welfare that might be derived therefrom.
c.
The owner, operator or occupant is without any practical or feasible
means to comply with the strict provisions of this Code.
d.
Strict enforcement to constitute installation of repairs and changes.
1.
The strict enforcement of the provisions of this Code would require
the installation of repairs and improvements estimated to exceed $1,000
in cost, and the premises subject to this Code are contemplated by
a public agency having the power of eminent domain and there is a
reasonable likelihood that the said premises will be acquired within
a period of two years; provided, however, that any waiver of the provisions
of this Code shall be canceled and the Division Manager shall strictly
enforce the Code if it shall be ascertained subsequent to the granting
of the waiver that the premises are in fact not to be acquired, for
any public use or purpose; or
2.
Strict compliance with this Code would require substantial structural
changes to the premises, and the nonconformity is of a technical and
insubstantial character or there is an alternative means satisfactory
to the Division Manager to be used which will eliminate violations
of this Code constituting hazards to the health, safety and welfare
of the occupants of the premises and persons in the immediate vicinity
thereof.
Such application shall not constitute a defense of any violation
of this Code concerning which any proceedings are pending in the Municipal
Court when the application is filed, nor shall any variance or modification
allowed hereunder constitute a vested right against any ordinance
enacted hereinafter by the Town of Morristown Council compelling strict
enforcement of any provision of this Code.
[1980 Code § 121-95]
Where there is a record of relaxed enforcement of this Code
by the Division Manager or by action of any court, a written record
thereof stating the name of the applicant, the address of the premises,
the variation or modification approved, date of approval and the reasons
therefor, satisfying the provisions contained herein, shall be prepared
by the Division Manager and filed both under the section or sections
of this Code to which the variation or modification applies and under
the address of the premises, and such files shall be available for
public inspection in the office of the Division Manager during regular
business hours.
[1980 Code § 121-96]
The Manager shall, in the month of November of each year, review
with the Mayor the procedure and operation of this Code and report
to the Mayor on or before January 1:
a.
Any recommended amendment, addition or modification of provisions
of this Code consonant with the field experience of the personnel
charged with enforcement.
b.
A summary of the enforcement experience indicating number of violations
abated, number of cases processed in the Municipal Court, number of
inspections made and such other and further pertinent information
as will provide the Mayor with an annual account of progress in securing
the standards required by this Code.
c.
Any further recommendation as to how the Code and the procedure and
operations thereunder can be improved.
