ARTICLE XVIII Administration and Enforcement

§197-95. Enforcing authority-, violations and penalties.

A. The Construction Official and Zoning Enforcement Officer shall have the responsibility and authority to enforce the provisions of this chapter.

B. Violations and penalties. In addition to the remedies provided for in §197-94 of this chapter, any party alleged to be in violation of this chapter may be issued a summons and, upon conviction in the Municipal Court, may be punished by a fine not to exceed $500 or imprisonment for a term not to exceed 90 days, or both.



§197-96. Building permits.

A.All applications for building permits shall be accompanied by three copies of a true and accurate plot plan, drawn to scale showing the location and size of each building to be erected upon each lot, the actual dimensions of each lot to be built upon and such other information as may be necessary to enable the Construction Official to determine whether the proposed structure and use of land will conform to the provisions of this chapter.

B. All of the provisions of the present Building Code and other pertinent ordinances shall be adhered to for all construction within the borough, including the requirements that detailed plans and specifications, in addition to site plans, shall be filed for approval by the Construction Official prior to the issuance of a building permit.

C. Any other information shall be submitted that the Construction Official, Planning Board, Council or the Borough Engineer deems necessary in order that adequate consideration may be given to the effect that the proposed use or uses may have upon the environment and on the cost of providing municipal services to the area.

D. No building permit shall be issued by the Construction Official, except under a written order of the PI Board, unless all of the provisions of this chapter and all other laws and ordinances affecting the use of the property are complied with.

E. It shall be the duty of the Construction Official to keep a record of all applications for permits and a record of all permits issued with a notation of all special conditions involved. He shall file and safely keep copies of all applications, plot plans and other plans submitted, and the same shall be available for use of the Borough Planning Board.

§197-97. Certificates of occupancy.

A. Certificates of occupancy shall be applied for at the same time that a building permit is applied for and before any reuse or resale of any land and structure thereon is exercised. It shall be issued within 10 days from a satisfactory inspection or reinspection. of the premises. A record of all certificates shall be kept on file in the office of the Construction Official, and copies shall be furnished upon request to any person having a proprietary or tenancy interest in the building affected.

B. No permit for the excavation for, or for the erection or alteration or reuse of, any building shall be issued before application has been made for a certificate of occupancy. No building premises may be occupied, nor shall there be any exercise of the use of land, until such certificate shall have been issued.

C. No land shall be occupied or used and no building hereafter erected or altered shall be occupied or used in whole or in part for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the building or the location of the land complies with all provisions of this chapter or any other ordinance.

D. No premises or structure shall be conveyed to a new owner unless prior thereto a certificate of occupancy pertaining to such premises or structure shall have been duly issued to the new owner. No premises or structure shall be leased for a use or purpose, unless a certificate of occupancy pertaining to such use or purpose is issued to the owner or unless the certificate of occupancy for the same use or purpose had heretofore been issued to an owner, occupant or tenant of the premises or structure.

E. An application for a certificate of occupancy shall be filed with the Building Inspector and shall contain a description of the premises or structure to which it pertains and the purpose for which the premises or structure is proposed to be used.

F. The Construction Official shall issue a certificate of occupancy only if

(1) The premises or structure and the purpose for which the premises or structure is proposed to be used comply in all respects with the provisions of this chapter and the provisions of the Building Code.

(2) The Borough Health Officer has certified that the premises or structure and the purpose for which the premises or structure is proposed to be used comply in all respects with the provisions of the Sanitary Code.

(3) The Chief of the Fire Department has certified that the premises or structure and the purpose for which the premises or structure is proposed to be used comply in all respects with the provisions of Chapter 94, Fire Prevention Code.

§197-98. Review of applications for relief.

A. The Zoning Enforcement Officer and Construction Official are hereby authorized under N.J.S.A. 40:55D-18 to inspect the property and/or buildings located on property as to which an application has been made before the Planning Board for relief pursuant to N.J.S.A. 40:55D-25 and N.J.S.A. 40:55D-70, as the same may be amended, as a condition precedent to:

(1) The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure;

(2) The use or occupancy of any building, structure or land; and

(3) The subdivision or resubdivision of any land.

B. The Zoning Enforcement Officer and Construction Official are hereby authorized to conduct an inspection of the premises to ensure that all conditions mandated by the aforementioned Boards have been satisfied in fun and are to ensure that the proper permits, certificates and authorizations have been properly obtained by the property owner/occupant and that the proper data, materials, plans, plats and information have been submitted to the proper authorities prior to the undertaking of the aforementioned.

C. In the event that any building or structure has been erected, constructed, altered, repaired, converted or maintained or any building, structure or land has been used in violation of any conditions set by the Planning Board, the Zoning Enforcement Officer and/or Construction Official may issue a notice of violation to the offending property owner/occupant. Said notice shall provide 10 days in which the property owner/occupant may abate the violation.

D. In the event that the violation is not abated within said time, a summons shall be issued by either the Zoning Enforcement Officer or Construction Official, returnable in the Municipal Court. Each day during which a violation continues shall constitute a new violation. Any property owner found in violation of this section shall be subject to a fine of not more than $500 or commitment to the county jail for a period not exceeding 90 days, or both.

§197-99. Violations and penalties.

A. For any and every violation of the provisions of this chapter, the owner, contractor or other person interested as lessee, tenant or otherwise in any building or premises where any such violation has been committed or shall exist and who refuses to abate said violation within five days after written notice has been served upon him either by mail or personal service shall be subject to a fine of not more than $500 or to commitment in the county jail for a period not exceeding 90 days, at the discretion of the court or the judicial officer before whom a conviction may be had.

B. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.