The purpose of this article is to establish the standards and manner by which businesses or commercial activities are conducted within the City of Millville to ensure the protection of the public health, safety and welfare. Specifically, this article is designed to ensure that those premises are occupied and maintained in accordance with established standards to preserve the aesthetics of the community and the property values.
A. 
General licensing. This article shall not apply to any business or commercial activity which is required to be licensed pursuant to Chapter 33 of the Code of the City of Millville or to the rental of property for those businesses or commercial activities.
B. 
Farming. This article shall not apply to farming operations, including but not limited to the growing of agricultural crops and the raising of livestock, or to the rental of property for that purpose.
C. 
Professions and trades. This article shall not apply to professions and trades which are licensed or regulated by the State of New Jersey which do not occupy business establishments.
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:
BUSINESS
The pursuit of any commercial activity designed to earn a profit for the person or persons engaged in the activity.
COMMERCIAL ACTIVITIES
Those activities engaged in by a person or persons for the purpose of earning a profit other than industrial uses or professions and trades.
LICENSED PROFESSION
An occupation that properly involves a liberal, scientific or artistic education and which is licensed by the State of New Jersey, including but not limited to accountants, doctors, engineers, lawyers and teachers.
LICENSED TRADE
An occupation that properly involves a skilled craft and which is licensed by the State of New Jersey, including but not limited to electricians and plumbers.
NUISANCE IN FACT
Acts, occupations or structures which are not nuisances per se, but may become nuisances by reason of their circumstances, the manner in which they are conducted, or their location and surroundings.
PERSON
A natural person, association, corporation, LLC, firm, partnership, trust or other legal entity.
A. 
No person other than those exempt from this article as set forth above shall open or conduct business on property within the City without obtaining a business occupancy permit from the Construction Official.
B. 
Change of ownership. No person other than those exempt from this article who acquires or purchases a business or property within the City shall operate a business therein without obtaining a business occupancy permit.
C. 
Change of use. No person other than those exempt from this article shall change the use of a business, change the use of a nonbusiness property to a business, or add a different business use on property within the City to operate a business without obtaining a business occupancy permit.
D. 
Residential property. No person other than those exempt from this article shall operate a business on residential property within the City without obtaining a business occupancy permit.
E. 
Issuance of permit. No business occupancy permit shall be issued by the Construction Official until the applicant has paid the required fee, complied with these regulations, and complied with the following approval standards:
(1) 
The property has been inspected by the City and found to be in full compliance with the Property Maintenance Code and any other applicable codes.
(2) 
The Zoning Officer has inspected the property and found it to be in compliance with the City Development Regulations.
(3) 
To the extent applicable, the Construction Official and subcode officials have made all appropriate inspections of the premises and determined that all work is in compliance with applicable codes.
(4) 
The Fire Subcode Official and/or Fire Inspector have made all appropriate inspections of the premises and determined that it is in compliance with the code or the retrofit regulations.
F. 
The permit issued shall be prominently displayed on the property at all times and is not transferable.
G. 
The fee for the business occupancy permit shall be $100, payable when the application is filed.
The application for a business occupancy permit shall be made in writing and filed with the Zoning Officer on the appropriate form of the City of Millville. The application for the permit shall be filed before any business activity subject to the provisions of this article has commenced. The application shall contain the following information:
A. 
The name and address of the person who owns the business.
B. 
The location of the business.
C. 
The name and address of the person who owns the property where the business is located, and whether the applicant is the owner or a tenant of the property. In the case of a partnership, this information shall be provided for all general partners. In the case of a corporation or LLC, this information shall be provided for the registered agent and all corporate officers. LLCs and corporations shall supply a copy of the corporate charter or registration certificate and a photo identification of either the president or managing partner.
D. 
The use or uses, if any, which currently exist on the property, and whether the applicant will continue that use.
E. 
Where a change of use or additional use or uses are proposed for the property, the use or uses which the applicant proposes.
F. 
Any existing commercial signs advertising the business or business activities.
G. 
Such other information as the Construction Official deems relevant to the issuance of the business occupancy permit.
A. 
Condition of property. The property shall be properly maintained at all times in conformance with the Property Maintenance Code, the State Uniform Construction Code, and the State Uniform Fire Code.
B. 
Hours of operation. It shall be unlawful for any person to operate a business except between the hours of day authorized in Chapter 30, Land Use and Development Regulations, for the type of business and for the zoning district where the property is located.
C. 
Nuisance. It shall be unlawful for any person to operate a business in such a manner as to create a nuisance in fact.
D. 
Signs. No new commercial sign shall be erected or maintained on the property without obtaining the permit required by Chapter 30, Land Use and Development Regulations. All commercial signs erected shall conform to the standards for quality, number, set back, size and other standards contained in the development regulations.
A. 
Any applicant for a permit may be denied a permit by the Construction Official, or any permit issued may be suspended or revoked by the Commissioner in charge of the department for any of the following causes:
(1) 
The applicant or permittee has filed an application containing false information.
(2) 
The applicant or permittee has failed to comply with these regulations.
(3) 
The applicant or permittee has failed to comply with the approval standards.
(4) 
The applicant or permittee has been convicted of an offense under this article.
B. 
Opportunity to cure. Whenever the public officer shall determine that any property is being used in violation of this section, the public officer shall notify the owner and provide the owner with a period not to exceed 30 days to cure the violation. The owner shall further be given the opportunity to show that the proposed suspension or revocation is inappropriate because it is based on incorrect or obsolete information.
C. 
Administrative action. In the event that the owner fails to cure the violation or fails to show that the proposed suspension or revocation is inappropriate, within the time period granted, the public officer shall issue an order revoking the business occupancy certificate for the property or suspending it for a period not to exceed one year. The order may include demand for payment of any registration or inspection fees due and unpaid.
D. 
Hearing.
(1) 
The owner shall have the opportunity to be granted a hearing on the proposed suspension or revocation of the business occupancy certificate and demand for payment of fees unpaid and due, by submitting a written request for a hearing to the public officer within 30 days of issuance of the order in Subsection C above. In the request for a hearing, the owner shall provide the names and mailing addresses of any tenants affected by the order. In such event, the effect of such order shall be stayed until the conclusion of the hearing.
(2) 
Upon receipt of a request for a hearing, the public officer shall notify the City Attorney, identifying the property, the property owner, and the grounds for the order.
(3) 
Upon receipt of said notification, the City Attorney shall identify a hearing officer, which may be the City commissioner/director of public affairs or another qualified individual, who may or may not be a municipal employee, and shall issue a notice of hearing setting forth the date, time and place of the hearing, the nature of the order which is the subject of the hearing and the grounds for issuance of the order. The hearing shall take place not less than 20 days from the date of service of the notice of hearing.
(4) 
The notice of hearing shall be served upon the property owner or resident agent and upon any tenant affected by the order. Service shall be made personally or by regular and certified mail, return receipt requested, by mailing the notice of hearing to the last known address of such person.
(5) 
The public officer shall testify at the hearing and may produce witnesses in support of the grounds for issuance of the order. The property owner, resident agent, and any tenant affected by the order shall have the right to appear at the hearing and testify, produce witnesses, and be represented by an attorney.
E. 
Action by hearing officer; appeal.
(1) 
After the hearing, the hearing officer shall prepare a written order setting forth his or her findings and affirming, modifying or rescinding the order of the public officer, including any registration or inspection fees due and payable.
(2) 
A copy of the order shall be served on the property owner or resident agent and any tenant affected by the order personally or by regular and certified mail, return receipt requested, by mailing the document to their last known address.
(3) 
If the whereabouts of any tenant is unknown and cannot be ascertained in the exercise of reasonable diligence, then service of the resolution or order on such person shall be made by posting the document in a conspicuous place on the building affected by the complaint.
(4) 
The owner or any party in interest may, within 30 days of receipt of the order, institute a summary proceeding in the Superior Court, Law Division, to contest the reasonableness of any provisions of the order.
Any person who shall violate any of these regulations shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article III, General Penalty.