[HISTORY: Adopted by the City Council of the City of Brigantine 11-6-1991
by Ord. No. 18-1991. Amendments noted where applicable.]
[Amended 11-27-1991 by Ord.
No. 23-1991]
The Construction Official or his duly authorized designee shall have
the authority to issue certificates of land use compliance, but only in accordance
with the provisions of this chapter.
A certificate of land use compliance shall be required prior to the
sale or any other type of transfer of title of any structure in the City of
Brigantine, including but not limited to any time sharing unit.
[Amended 11-27-1991 by Ord.
No. 23-1991; 5-18-1994 by Ord.
No. 11-1994]
A.
Applications for certificates of land use compliance
shall be submitted to the Construction Official or his designee in such number
of copies as he or she may from time to time require, on such forms as shall
be prepared by said Construction Official. Within five working days following
the receipt of a completed application for certificate of land use compliance,
the Construction Official or his designee shall cause the application to be
acted upon by either granting or denying the same. If in fact a denial occurs,
then it shall be the obligation of the Construction Official or his designee
to state the reason therefor and to allow an appropriate time for abatement
if the property owner chooses to abate any nonconformity. Any applicant who
is denied a certificate of land use compliance, who deems that he or she shall
have been entitled to the same, shall have the right to appeal the decision
before the Zoning Board of the City of Brigantine or shall have the right
to apply to said Zoning Board for a certificate of nonconformity, within 10
working days of the denial thereof by filing a notice of appeal with the Secretary
of the Zoning Board of Adjustment and filing a copy thereof with the Clerk
of the City of Brigantine.
B.
In each instance where a hearing is requested before
the Zoning Board of Adjustment of the City of Brigantine, New Jersey, said
hearing shall be scheduled within 45 days of the filing of the appeal therefor
or of the filing of an application for a certificate of nonconformity. The
forty-five-day period mentioned above will begin to run at the time any application
submitted to the Zoning Board is deemed complete.
The fee for applying for a certificate of land use compliance in the
City of Brigantine shall be in accordance with the fee schedule established
in the City from time to time.[1]
[Amended 11-27-1991 by Ord.
No. 23-1991]
The Construction Official or his designee shall be and he is hereby
designated as the officer to exercise the powers prescribed by this chapter
and to enforce the provisions thereof. All references hereafter in this chapter
to the Construction Official shall relate to and include the person or persons
designated by the Construction Official as his designee inspector.
[1]
Editor's Note: Former § 134-6, Inspections; access to be
granted, was repealed 11-27-1991 by Ord. No. 23-1991.
Whenever the enforcement officer determines that there are reasonable
grounds to believe that there is a violation of any provision of this chapter
or of any rule or regulation adopted pursuant thereto, he shall give notice
of such alleged violation to the person or persons responsible therefor, along
with what actions would be necessary to abate said violation(s) as hereinafter
provided.
A.
Such notice shall:
(1)
Be put in writing.
(2)
Include a statement of the reasons why it is being issued.
(3)
Allow an appropriate time as determined by the enforcement
officer for the performance of any act required to abate such violation.
(4)
Be served upon the owner or his designee and the occupant
as the case may require, provided that such notice shall be deemed to be properly
served upon such owner or agent or upon such occupant if a copy thereof is
served upon him personally or if a copy thereof is sent by registered mail
to his last known address or if a copy thereof is posted in a conspicuous
place in or about the dwelling affected by the notice or by any other method
authorized under the laws of this state.
B.
Such notice may contain an outline of action which, if
taken, will effect compliance with the provisions of this chapter and with
rules and regulations adopted pursuant thereto.
[Amended 11-27-1991 by Ord.
No. 23-1991; 5-18-1994 by Ord.
No. 11-1994]
The enforcement officer or his designee will have the authority to issue
summonses for violations of this chapter. All hearings concerning said violations
will be heard in the Brigantine Municipal Court or other court of competent
jurisdiction. Whenever there is a violation of this chapter of the Code of
the City of Brigantine, a summons may be issued to the immediate former owner
of the property, the current owner of the property, any real estate agent
who was involved with the sale of the property or any title agency which was
involved with said sale.
The enforcement officer is hereby authorized and empowered to make and
adopt such written rules and regulations as he may deem necessary for the
proper enforcement of the provisions of this chapter; provided, however, that
such rules and regulations shall not be in conflict with the provisions of
this chapter nor in any way alter, amend or supersede any of the provisions
thereof. The enforcement officer shall file a certified copy of all adopted
rules and regulations in the office of the City Clerk with copies to be transmitted
to the City Manager and the City Council of Brigantine.
A.
No owner or occupant of a dwelling, house or other structure
and no person or entity on behalf of said owner or occupant shall sell, transfer
or otherwise dispose of any ownership interest, whether or not for consideration
and whether or not such disposal is temporary or permanent, unless a certificate
of land use compliance is previously issued by the Building Inspector or his
designee. Such certificate shall state that the dwelling, house or other structure
is an appropriate and allowable use where located within the City of Brigantine.
B.
The Construction Official or his designee shall cause
to be prepared in appropriate form an application for certificate of land
use compliance, which form shall be available to applicants at the office
of the Building Inspector. The Construction Official or his designee may conduct
an inspection of any dwelling, house or other structure within five working
days of the date the application is filed in the office of the Construction
Official. Thereafter, the Construction Official or his designee shall issue
a certificate of land use compliance to notify the applicant, in writing,
as to the reasons why such a certificate has not been issued. However, failure
on the part of the applicant to allow an inspection to occur by the Construction
Official or his designee within the time period stated herein will cause the
delay or denial of the issuance of a certificate of land use compliance and
thereby will prohibit the applicant from selling, transferring or otherwise
disposing of the ownership or occupancy of any dwelling house or other structure
pursuant to the terms of this chapter.
[Amended 11-27-1991 by Ord.
No. 23-1991; 5-18-1994 by Ord.
No. 11-1994]
C.
A charge as previously described in this chapter shall be paid to the Building Inspector for each application for a certificate of land use compliance. No application shall be complete without payment of this fee. Any reinspection of the dwelling, house or other structure caused by a lack of compliance with the provisions of this chapter shall require an additional fee as set forth in Chapter 210, Mercantile Businesses, Article II, Fee Schedule, to be paid prior to said inspection.
The Building Code Official of the City of Brigantine shall hereinafter
be authorized to set forth criteria for deconversion of any dwelling, house
or other structure in the City of Brigantine that shall be or have been illegally
converted to create more units than permitted in a designated zone in which
the property is located without first having secured appropriate approvals
from the City for said construction. The criteria for deconversion shall be
approved by resolution of the Council of the City of Brigantine. Any amendments
to said criteria shall thereinafter be approved by the Council of the City
of Brigantine.
Any person, firm or corporation who violates any provision of this chapter
or of the rules and regulations adopted pursuant hereto shall, upon conviction
thereof, be punished by a fine not exceeding $1,000 or by imprisonment for
a term not exceeding 90 days, or by both. A separate offense shall be deemed
committed on each day during which a violation occurs or continues.
