[Amended 6-19-2000 by Ord. No. 2000-06]
The Zoning Officer shall have the general duty and authority
to administer and enforce the provisions of this Ordinance. The Zoning
Officer shall review and maintain a file of all applications for zoning
permits; issue permits precedent to construction, the use of property
and occupancy thereof as are in accordance with the terms and provisions
of this Ordinance or lawful order of the Zoning Board of Adjustment;
collect all fees that may be payable to the City under this Article
and render an account to the Chief Financial Officer or designated
recipient at the end of each calendar month and pay over the total
amount of such fees collected; make such reports to Governing Body,
Planning Board and Zoning Board of Adjustment with respect to his
or her work as requested by the municipal agency; and institute and
conduct lawful proceedings to prevent threatened violations of this
Ordinance and/or to correct conditions resulting from the violations
thereof; and prosecute persons who shall have violated or who shall
be engaged in violating any of the terms or provisions of this Ordinance.
No person shall hereafter erect, locate, or later any building
or portion thereof or begin or change the use of any building or land
without first obtaining a zoning permit from the Zoning Officer. All
applications for zoning permits shall be in writing and shall be addressed
to the Zoning Officer, shall be signed by the owner of record of the
land, shall be made on such forms as may be prescribed and furnished
by the City of Lambertville and shall contain all information called
for by such forms and be accompanied by such plans as may be required,
together with any additional information that may be requested by
the Zoning Officer, in order that he or she may determine whether
the proposed erection, location or alteration of a building or the
proposed use or change of use of land will comply with the terms and
provisions of this Ordinance or lawful order of the Planning Board
or Zoning Board of Adjustment for a development or variance application,
as the case may be. No zoning permit shall be issued unless and until
all outstanding real estate property taxes and/or municipal liens
or judgments have been paid in full. A zoning permit shall be granted
or refused by the Zoning Officer within 10 business days next after
the date on which a complete application has been received. All applications
filed, together with the accompanying plans and documents, shall be
public records. Any zoning permits issued hereunder shall be subject
to the fulfillment of all conditions imposed by the Zoning Board of
Adjustment or the Planning Board provisions of the land development
regulations of the City of Lambertville.[1]
No building permit for new construction shall be issued unless
a zoning permit pursuant to § 900.2 has first been issued
by the Zoning Officer. Every application for a building permit shall
be accompanied by duplicate plans, drawn in ink, or blueprint, having
final approval of the Planning Board or Zoning Board of Adjustment
as required under N.J.S.A. 40:55D-1 et seq. and as required by the
land development regulations of the City of Lambertville showing the
actual shape and dimensions of the lot to be built upon, the exact
location, size and height of the structures and accessory structures
existing and proposed, and the lines within which the building or
structure is to be erected or altered, the existing or intended use
of each structure or part of a structure, the number of families or
dwelling units the structure 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 Ordinance. One copy of such plans shall be returned to the
owner when such plans shall have been approved by the Construction
Code Official together with such permit as may be granted.
All dimensions shown on these plans relating to the location
and size of the lot to be built upon shall be based on actual survey.
The lot and the location of the structure thereon shall be staked
out on the grounds before construction is started. Every application
for a building permit shall be submitted by the owner of the land
as indicated on the City of Lambertville tax assessment records or
by a person furnishing a certification from the land owner granting
such permission to the applicant for filing the application.
It shall be unlawful for an owner to use or permit the use of
any structure 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 Construction Official. Such Certificate shall show that
such structure or part of a structure and the proposed use thereof
conform to the requirements of this Ordinance. It shall be the duty
of the Construction Official to issue a Certificate of Occupancy only
when he is satisfied that the structure, or part of a structure, and
the proposed use thereof so conform.
Should the Construction Official decline to issue a Certificate
of Occupancy his reasons for doing so shall be so stated on one copy
of the application and that copy returned to the applicant.
A record of all Certificates shall be kept on file by the Construction
Official and copies shall be furnished to any person having a proprietary
or tenancy interest in the structure in question. A monthly report
of Certificates of Occupancy issued shall be filed with the Tax Assessor.
The Construction Officials may issue a temporary Certificate
of Occupancy for a use of land or a structure which is related to
the development of a permitted use or property. Such permit may be
issued for a period of six months, and no more than one six-month
extension may be granted.
[Ord. No. 18-2016]
Fees for certificates of occupancy may be found in Chapter X,
Building and Housing.
[Added 6-17-2002 by Ord.
No. 2002-12]
A.
In the event that any landmark or structure in a historic district
deteriorates to the point that, in the best estimate of the Construction
Official, the costs of correcting the outstanding code violations
equals more than 25% of the cost of replacing the entire structure
on which the violations occur, the Construction Official shall serve
personally or by certified mail, return receipt requested, a notice
to the owner of the landmark listing the violation, the estimate for
the abatement, and the replacement cost of the structure. If the owner
does not take all necessary remedial action within 90 days, or such
extensions as the Construction Official grants, the City may, after
90 days, enter upon the property and abate such violations itself
and cause the cost to become a lien on the property.
B.
Upon receiving the notice the owner may, within 10 days, notify the
Construction Official and request a formal hearing as to the allegations
and estimates set forth in the notice.
C.
If the owner does not request a hearing, the procedures set forth
in § 903.A, hereinabove shall apply. If a hearing is requested,
the Construction Official will at least 10 days before the hearing
serve the owner with a written opinion setting forth his or her reasons
and conclusions. The hearing shall be conducted by the Historic Preservation
Commission at a time and place established by the Chairperson.
D.
Thereafter, if the owner does not comply, the City may enter into
the premises and, by use of City labor or outside contractors or both,
perform such work as is necessary to abate all violations.
