[HISTORY: Derived from Sec. 11-4 of the 1975 Code (Ord. No. 332). Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 96.
Fees — See Ch. 119.
Fire prevention — See Ch. 124.
Housing standards — See Ch. 146.
Mobile homes — See Ch. 176.
Sewers — See Ch. 213.
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.