The office of Development Enforcement Officer
is hereby established, and said office shall be filed by appointment
by the Director of Engineering and Public Works. The Development Enforcement
Officer shall serve at the pleasure of the governing body and shall
have such powers and duties as are prescribed in this article and
as shall be prescribed from time to time by the governing body. He
shall have the power to adopt such forms, rules and regulations, not
inconsistent with this chapter, as he deems desirable or necessary
to carry out his duties.
A development permit shall be obtained upon
application of the developer prior to the undertaking of any development
for which permission is required under this chapter, and such undertaking
shall be in accordance with such permit and may continue only so long
as the permit is valid and subsisting. The approval of an application
for development as provided in this chapter shall constitute the development
permit for the development so approved and shall so state, and such
permit shall be valid for such period of time as is specified in this
chapter for the effectiveness of such approval.
A development certificate of occupancy shall
be obtained upon application of the developer after completion of
any such development and before the same is occupied or used, and
such certificate shall be issued if, after inspection, the Development
Enforcement Officer shall determine that the development has been
timely completed in accordance with the development permit. However,
in cases where the development permit does not require any further
work or action to implement the approved development, a development
certificate of occupancy shall be issued at the same time as, and
as part of, the development permit and shall state that the development
then complies with the provisions of this chapter.
In cases where a separate application for a
development certificate of occupancy is required, the application
for such certificate shall be in such form and number of copies and
accompanied by such data, materials, plans, plats and information
as the Development Enforcement Officer shall reasonably require in
order to determine whether the development complies with the requirements
for issuance of the certificate. The certificate shall state that
the development complies with the provisions of this chapter and shall
be in such form as the Development Enforcement Officer shall prescribe.
The issuance of any development permit or development
certificate of occupancy may be conditioned upon the express approval
of appropriate state, county or municipal agencies.
A temporary development certificate of occupancy
for a period not to exceed 60 days may be issued upon separate application
to the Development Enforcement Officer in cases in which the Officer
determines that the development is substantially completed, that the
applicant is proceeding with dispatch toward final completion, that
it is likely that the development will be finally completed within
the period of the temporary certificate, that denial of the certificate
would result in undue hardship to the applicant and that the temporary
use of the development will not adversely affect the public health,
safety or welfare. Each application for a temporary development certificate
of occupancy shall be accompanied by payment of a fee of $10 to the
municipality, and the issuance of such certificate shall be conditioned
upon the applicant's applying for and receiving a permanent development
certificate of occupancy within the temporary time period.
The approvals, permits, certificates and authorizations required by this Part
4 shall be in addition to and not in place of those required with respect to a development under any law, ordinance or regulation other than this chapter.
Any development permit or development certificate
of occupancy may be suspended or revoked by the Development Enforcement
Officer if he shall determine that the development is being undertaken,
used or occupied in violation of the permit or certificate, and the
suspension or revocation may be rescinded by the Officer upon correction
of the violation. Such suspension or revocation shall be in addition
to other remedies.
In case any development is undertaken, occupied
or used in violation of this chapter or any rule, regulation or order
made under the authority of this chapter, or in case such violation
is threatened, the Development Enforcement Officer, in his own official
behalf or on behalf of the municipality or any municipal agency or
any interested party, in addition to other remedies, may institute
any appropriate action or proceedings to prevent such violation or
to restrain, correct or abate such violation or to prevent any illegal
act, conduct, business, occupancy or use in or about the premises
that are the subject of the development; provided that no such action
or proceeding shall be instituted by the Development Enforcement Officer
in any court other than the Municipal Court, except in case of emergency,
unless the governing body shall first have authorized the same.
The Development Enforcement Officer or his representative
shall have the right to enter any premises at any reasonable time
for the purpose of making inspections in the course of his duties,
or, as permitted by law, to investigate violations of this chapter.
The Development Enforcement Officer shall maintain
in this office a record of all development permits and development
certificates of occupancy and all actions, proceedings or complaints
taken, instituted or filed by him.