[HISTORY: Derived from Sec. 11-4 of the 1975 Code (Ord. No. 332).
Amendments noted where applicable.]
A.
Establishing of Building Department. There is hereby
established in the Borough of Franklin a State Uniform Construction Code enforcing
agency to be known as "Building Department," consisting of a Construction
Official, Building Subcode Official, Fire Protection and such other Subcode
Officials for such additional subcodes as the Commissioner of the Department
of Community Affairs, State of New Jersey, shall hereafter adopt as part of
the State Uniform Construction Code. The Construction Official shall be the
Chief Administrator of the enforcing agency.
B.
Filling of positions. Each official position created in Subsection A hereof shall be filled by a person qualified for such position pursuant to P.L. 1975, c. 217, as amended,[1] and N.J.A.C. 5:23, provided that in lieu of any particular subcode
official, an on-site inspection agency may be retained by contract pursuant
to N.J.A.C. 5:23. More than one official position may be held by the same
person, provided that such person is qualified pursuant to P.L. 1975, c. 217,
and N.J.A.C. 5:23 to hold each such position.
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
C.
Business Office. The public shall have the right to do
business with the enforcing agency at one office location except for emergencies,
and unforeseen or unavoidable circumstances.
D.
Appeals procedure. Appeals from the decisions by the
enforcing agency shall be made to the Sussex County Board of Appeals pursuant
to Article 15 of the New Jersey Uniform Construction Code Regulations.
E.
Fees. Fees for various construction, demolition and other permits shall be as set forth in Chapter 119, Fees.
F.
New Jersey state training fee in accordance with N.J.A.C.
5:23-4.19. The Construction Official shall, with the advice of the subcode
officials, prepare and submit to the Borough Council, biannually, a report
recommending the fee schedule based upon the operating fees of the agency
and any other expenses of the borough fairly attributable to the enforcement
of the State Uniform Construction Code Act. In order to provide for the certification
and technical support programs required by the Uniform Construction Code Act
and their regulations, the enforcing agency shall collect, and remit to the
Bureau of Housing Inspection, Department of Community Affairs, a surcharge
fee as set forth in the general fee schedule specified above pursuant to N.J.A.C.
5:23-4.19. The enforcing agency shall report annually at the end of each fiscal
year to the Bureau of Housing Inspection, not later than July 31, the total
amount of the surcharge fee collected in the fiscal year. In the fiscal year
in which the regulations first become effective, the report shall be for the
third and fourth quarters only.
[Added 8-10-2004 by Ord. No. 9-2004]
A.
Office of Zoning Officer created; compensation.
(1)
The position of Zoning Officer of the Borough is hereby created.
Appointments to the office of the Zoning Officer shall be made by the Borough
Mayor and Council. The term of office shall be one year and shall expire
December 31 of the same year. Any vacancy in the office shall be filled for
the unexpired term only.
(2)
The Zoning Officer shall receive compensation as may be fixed
by the Mayor and Council.
B.
Duties. The Zoning Officer shall:
(1)
Investigate violations of the Zoning Ordinances that come to
the Zoning Officer’s attention whether by complaint or from personal
knowledge or observation.
(2)
Enforce all conditions imposed by the Planning Board or the Zoning
Board of Adjustment for the use or operation of the improvements constructed
in accordance with approvals secured from the Boards.
(3)
Issue zoning permits. Zoning permits shall be secured from the Zoning Officer prior to application for a building permit. Each application shall be accompanied by the required fee as provided for in Chapter 119, § 119-4. The zoning permit shall show that the improvement, structure or land or any part thereof and the proposed use conform with the provisions of the Borough Zoning Ordinances, subdivision or site plan approval or conform with the provisions of a variance granted according to law. No person or entity shall use or occupy any improvement, structure or land, the use of which shall be changed, without first obtaining a zoning permit.
(4)
Keep records of all applications for zoning permits and of all
such permits issued, with a notation of all special conditions involved.
The Zoning Officer shall file and safely keep copies of all plans and specifications
submitted with any such application.
(5)
Perform such other duties that may be assigned by the Mayor and
Council under the statutes, regulations and Borough ordinances.
C.
Enforcement. Where any improvement or structure is erected,
constructed, altered, repaired, converted or maintained or used in violation
of the Zoning Ordinances, the Zoning Officer shall serve notice upon the owner
and/or person committing the violation, either personally or by registered
mail, to remove the violation within 14 days. If after 14 days the violation
still exists, the Zoning Officer shall either:
(1)
File a complaint in the Municipal Court against the owner, or
the owner’s agent or any person or entity committing the violation(s),
serving the offender with proper notice, and prosecute the violation(s) in
Municipal Court.
(2)
Upon the express authority of the Borough Mayor and Council and
with the advice and assistance of the Borough Attorney, file in the Superior
Court a complaint to terminate the violation.
