[Ord. No. 17-89, § 11.1]
The interpretation and application of this chapter shall be
held to be the minimum requirements for the public health, safety,
comfort, convenience and general welfare.
[Ord. No. 17-89, § 11.2]
This chapter shall be enforced by the Building Department which
is empowered to cause any building, structure, place, or premises
to be inspected and examined and to order in writing the remedy of
any condition found to exist therein or thereat in violation of any
provisions of these regulations.
[Ord. No. 17-89, § 11.3]
a.
No excavation, demolition, alteration or construction of any building
shall begin before a building permit has been issued by the Building
Department.
b.
Excavation permits shall be issued upon the posting of a cash bond
and/or performance bond in sums to be determined by the municipal
engineers and/or Building Department; (one- and two-family dwellings
shall be exempt from this provision).
c.
No building permit shall be issued until a developer's agreement
has been entered into with the municipality; This provision shall
only apply to the construction of nonresidential structures and/or
five (5) or more residential dwelling units.
[Ord. No. 17-89, § 11.4]
a.
Certificate of Occupancy. No structure, addition, alteration, or
land shall be occupied or changed to another use unless a Certificate
of Occupancy has been issued by the Building Department. A Certificate
of Occupancy is also required for any change, extension, or alteration
in use.
1.
No building or premises for which a Certificate of Occupancy is required
may be occupied until such certificate shall have been issued.
2.
No Certificate of Occupancy shall be used unless all site improvements
required by this chapter have been completed.
3.
No change or extension of use and no alteration shall be made in
a nonconforming use or premises without a Certificate of Occupancy
having first been issued by the Building Department that such change,
extension or alteration is in conformity with the provisions of this
chapter.
4.
Any occupancy permit shall be put into effect within one (1) year
from the date issued or said permit shall be null and void.
5.
Condominium and/or cooperative structures or any building construction
of three (3) or more units shall have a separate Certificate of Occupancy
for each dwelling unit.
6.
The Building Department shall be authorized to issue a conditional
and/or temporary Certificate of Occupancy which may include liquidated
damage provisions.
b.
Certificate of Continued Occupancy.
1.
A Certificate of Continued Occupancy shall be required on the sale
of any dwelling unit, except, refinancing which shall be exempt from
this provision.
There shall be a certification fee of one hundred ($100.00)
dollars, accompanying each application form submitted to the Building
Department together with a survey and/or survey certification (condominium
or cooperative).
2.
A Certification of Continued Occupancy shall be required upon the
commencement of any new business or commercial use.
There shall be a certification fee of one hundred ($100.00)
dollars accompanying each application form to be submitted to the
Building Department.
[Ord. No. 17-89, § 11.5]
Any action or relief requested by an applicant and granted by
either the Planning and/or Zoning Board of Adjustment shall have the
Building Permit conditioned upon the applicants strict compliance
with any and all stipulation and/or conditions delineated within said
resolutions.
[Ord. No. 17-89, § 11.6]
Any permit issued, or any approval, ruling, interpretation or
decision made by the Borough Council, Planning Board, Board of Adjustment
or Building Department in the administration of this chapter, shall
be put into effect or work commenced within one (1) year from the
date of such action, or said action shall become null and void.
This expiration shall specifically apply to the following permits
or approvals requested by an applicant;
a.
Any excavation, construction, building or occupancy permit.
b.
Sign permit.
c.
Approval of a change in zone.
d.
Approval of a conditional use.
e.
Site plan approval.
f.
Any subdivision approval.
g.
The granting of any variance as defined in N.J.S.A. 40:55D-70(C)
or (D), or as subsequently amended.
[Ord. No. 17-89, § 11.7]
Any building, use, sign or structure constructed, reconstructed,
extended, enlarged, altered, converted, moved, changed or used contrary
to any of the provisions of these regulations, and any use of any
land, building or structure which is conducted, operated or maintained
contrary to any of the provisions of these regulations, shall be,
and the same is hereby declared to be unlawful.
a.
Action. The Building Department may initiate an injunction, mandamus,
abatement, stop work order, municipal summons; or any other sanctions
permitted by Statute, regulation, code etc., including but not limited
to N.J.S.A. et seq., N.J.A.C. et seq., BOCA, or Uniform Construction
Code (UCC) or any other appropriate action to prevent, enjoin, abate,
or remove such construction, reconstruction, extension, enlargement,
alteration, conversion, or use in violation of any of the provisions
of these regulations.
b.
Notice. The Building Department shall serve notice to the person
or corporation committing or permitting any violation. The notice
of violation shall conform with the State legislative codes including
but not limited to N.J.S.A. et seq., N.J.A.C. et seq., BOCA, or UCC.
Such notice may be served by Certified Mail Return Receipt Requested
and/or regular mail to said person or by posting said notice on the
lot or building.
c.
Penalties.
1.
The owner or agent of a building or premises where a violation of
any provision of said regulations shall have been committed or shall
exist, or the lessee or tenant of an entire building or entire premises
where such violation shall have been committed or shall exist, or
any other person who shall commit, take part or assist in such violation
or who shall maintain any building or premises in which any such violation
shall exist shall be subject to a fine of not more than one thousand
($1,000.00) dollars. (N.J.S.A. 40:49-5)
A person shall be guilty of a separate offense for each day
that he fails to comply with a valid stop work order and for each
week that he fails to comply with any other valid order of the Building
Department.
2.
Anyone who knowingly refuses entry or access to any authorized municipal
official lawfully authorized to inspect any premises, building or
structure under this chapter or who unreasonably interferes with such
inspection shall be subject to a fine of not more than two hundred
and fifty ($250.00) dollars.
3.
Penalties pursuant to this section may be collected in a summary
proceeding in either the Superior Court of New Jersey in accordance
with N.J.S.A. et seq. or the Cliffside Park Municipal Court pursuant
to N.J.S.A. et seq.
[Ord No. 17-89, § 11.8]
All municipal officer(s), agent(s) or employee(s) charged with
the enforcement of this chapter shall be bound to the standards delineated
in N.J.S.A. as hereinafter may be amended.
[Added 4-5-2022 by Ord. No. 2022-06]
