[1]
Editor’s Note: Former §§ 169-15 through 169-21,
all of which referred to the Zoning Board of Adjustment, were repealed
12-13-2012 by Ord. No. 26-12. This ordinance also stated that the
Zoning Board of Adjustment would act upon all outstanding applications
and that, upon completion of its duties, all remaining funds budgeted
to the Zoning Board of Adjustment would be transferred to the Borough’s
surplus.
The office of Zoning Officer of the Borough
of Rockaway is hereby created. Designation to the office of Zoning
Officer shall be made by the Mayor and Borough Council of the Borough
of Rockaway. The term of office shall be for one year, but the first
term shall commence upon the effective date of designation and shall
expire December 31 of that year. Thereafter, every designation shall
be made for the term of one year to commence January 1 and terminate
December 31 of that year. Thereafter, every designation shall be made
for the term of one year to commence January 1 and terminate December
31 of the succeeding year. Any vacancy in the office shall be filled
by the Mayor and Borough Council for the unexpired term only.
A.
It shall be the duty of the Zoning Officer to enforce Chapter 172, Zoning, and, pursuant to that duty, to investigate any violation or alleged violation of the chapter coming to his or her attention, whether by complaint of third persons or from the personal knowledge or observation of the Zoning Officer. When any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter and the penalties provided for hereunder. The Officer may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open.
B.
In the enforcement of Chapter 172, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough of Rockaway for a warrant or warrants to search and inspect the properties and premises upon which there is reason to believe any violation of this chapter has taken or is taking place, and, upon probable cause shown, the Judge of the Municipal Court may issue such a warrant or warrants, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
[Amended 10-25-2007 by Ord. No. 17-07]
C.
The Zoning Officer shall file a monthly report of
activities, including complaints and cases processed and disposition
thereof, with the Mayor and Borough Council.
[Amended 12-13-2012 by Ord. No. 26-12]
The Land Use Board shall, at least once a year,
review its decisions on applications and appeals for variances and
prepare and adopt by resolution a report on its findings on Zoning
Ordinance provisions which were the subject of variance requests and
its recommendations for Zoning Ordinance amendments or revisions,
if any. The Land Use Board shall send copies of the report and resolution
to the Mayor and Borough Council.
