[Ord. No. 1038 § 1000]
It shall be the duty of the administrative officers, otherwise known as the Construction Officer and the Building Inspector, to notify any person violating this chapter to correct the violation immediately. If satisfactory action to correct such violation is not obtained, it then shall be the duty of the administrative officers to enforce this chapter.
[Ord. No. 1038 § 1001.01]
The provisions of this chapter shall be enforced by an appointee of the Board of Commissioners or the appropriate commissioner, hereinafter called the Zoning Officer.
[Ord. No. 1038 § 1001.01]
It shall be the duty of the Zoning Officer:
a. 
In the case of all applications to build, or in the case of any other complaint filed with him/her, or as the result of any investigation made by him/her, to ascertain in each case whether the proposed or existing construction conforms to the zoned restriction, the lot coverage percentage, the front, side and rear yard restrictions, and all other restrictions and conditions imposed by this chapter.
b. 
In the case of new construction, if all conditions of zoning are met, he/she shall issue a zoning permit. Zoning permits shall be returned to the Building Inspector to become an integral part of the building permit application and the building permit.
[Ord. No. 1038 § 1001.03]
The Zoning Officer will either approve the application for a permit to build; or if the application and/or plans do not meet the zoning requirements, the Zoning Officer (in the case of an application for new construction) must file Form BA #1, Zoning Officer's Denial Report in full, showing all violations of this chapter. This report is then returned to the Building Inspector, and no permit shall be issued until the violations are corrected. After receipt of the application, the Zoning Officer shall prepare his report within ten (10) working days.
[Ord. No. 1038 § 1001.04]
The Zoning Officer shall maintain on file a copy of all applications that he/she has acted on. In the event the Zoning Officer files a finding of a violation as a result of existing construction or on his/her own investigation, he/she shall file complaints in accordance with the provisions of this chapter.
[Ord. No. 1038 § 1001.05; Ord. No. 1220 § XV; amended 8-27-2019 by Ord. No. 1637]
a. 
No building permit shall be issued, no land shall be cleared and no change of use shall be conducted without first obtaining an approved zoning permit from the Municipal Zoning Officer or other authorized officer. The applicant shall complete the permit form as established by the Zoning Officer and pay a nonrefundable/nontransferable fee. This fee shall be charged only once, for either floodplain management or zoning review, and shall be paid to the City of Sea Isle City for said review and approval as follows:
1. 
New construction: $150.
2. 
Additions: $150.
3. 
All other applications: $75, including, but not limited to, roofing, siding, shed, insulation, decks, alterations, renovations, and miscellaneous.
b. 
Only one fee shall be charged, either a flood review fee or a zoning review fee; see § 14-9.
[Ord. No. 1038 § 1001.06]
No building hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or part thereof shall hereafter be made until an Occupancy Permit has been issued by the Zoning Officer, certifying that the building or use complies with the provisions of this chapter.
a. 
Sidewalks, curbs and gutters constructed in accordance with applicable ordinances of the City shall be installed prior to issuance of an Occupancy Permit.
b. 
Such Occupancy Permit shall be granted or denied within ten (10) days from the date of written application therefor.
[Ord. No. 1038 § 1001.08]
Temporary permits may be authorized by the Board of Commissioners after considering Planning Board comments, for a period not to exceed one (1) year, for nonconforming uses incidental to housing and construction projects, including such structures and uses as a gravel-sorting plant, storage of building supplies and machinery, and a real estate officer located on the tract being offered for sale; provided, that such permits shall be issued only upon agreement by the owner to remove the structure or structures upon expiration of the permit. Such permits are annually renewable over a period not to exceed three (3) years.
[1]
Editor's Note: Former subsection 26-86.9, Sign Permit, previously codified herein and containing portions of Ordinance No. 1038, was repealed in its entirety by Ordinance No. 1492 (2010). See Section 26-28 for sign regulations.
[Ord. No. 1038 § 1001.10]
The Zoning Officer shall process all applications for home occupations and shall maintain records of all applications, whether approved or disapproved.
[Ord. No. 1038 § 1001.11]
The Zoning Officer shall assist all owners of nonconforming uses and structures as of the time of adoption of this chapter to properly register the nonconformity so as to preserve the owner's ability to continue the use or structure as a "registered structure or use."
[Ord. No. 1038 § 1002.01]
Failing to secure a zoning, building or sign permit before commencing to erect or alter any building or structure, or failing to obtain an Occupancy Permit prior to issuing or arranging for the use of any land, building or structure, or using or building on a premises contrary to the terms of any permit issued for such premises under this chapter, shall be a violation of this chapter. Each day that such violation exists shall constitute a separate offense.
[Ord. No. 1038 § 1002.02]
In case any building, structure or land is used in violation of, or contrary to, the provisions of this chapter, or any conditions imposed upon a developer hereunder, the City may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.
[Ord. No. 1038 § 1002.03]
a. 
Any person, firm or corporation that shall violate any provisions of this chapter or any condition imposed upon a developer hereunder shall, upon conviction thereof by any court authorized by law to hear and determine the matter, be fined a sum not exceeding five hundred ($500.00) dollars, as such court in its discretion may impose. If the party so convicted be a natural person, such person may be imprisoned for a term not exceeding ninety (90) days, as such court in its discretion may impose, or be fined a sum not exceeding five hundred ($500.00) dollars, as such court in its discretion may impose; or such natural person may be both imprisoned and fined not exceeding the maximum limits as set forth herein, as such court in its discretion may impose. Each day that such violation exists shall constitute a separate offense. Where appropriate, the court may impose community service in place of or in addition to imprisonment.
b. 
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part hereof, where anything in violation of this chapter or any condition imposed upon a developer hereunder, shall be placed or shall exist or be suffered, allowed or permitted to exist; and any architect, builder, developer, contractor, agent person or corporation engaged in connection therewith and who assists in the commission of any such violation, shall each be guilty of a separate violation, and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified above.
[Ord. No. 1038 § 1002.04]
a. 
If, before final subdivision approval has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which City approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, such person shall be subject to a penalty not to exceed one thousand ($1,000.00) dollars. Each lot disposition so made may be deemed a separate violation.
b. 
In addition to the foregoing, the City may institute and maintain a civil action for injunctive relief, or to set aside and invalidate any conveyance made pursuant to a contract for sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.
c. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the subdivider or his/her assigns or successors, to secure the return of any deposit made or purchase price paid, and also a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land, or within six (6) years if unrecorded.
[Ord. No. 1038 § 1003.01]
If any section, paragraph, subdivision, clause or provision of this chapter shall be adjudged invalid, such adjudication shall refer and apply only to that section, paragraph, subdivision, clause or provision so adjudged and the remainder of this chapter shall remain valid and effective.
[Ord. No. 1038 § 1003.02]
Any ordinance inconsistent or in conflict herewith is expressly repealed hereby to the extent of such inconsistency.
[Ord. No. 1038 § 1003.03]
This chapter shall take effect upon its final passage and publication as provided by law.