A.
Interpretation of this chapter. In interpreting and
applying the provisions of this chapter, they shall be held to be
the minimum requirements for the promotion of public safety, convenience
and general welfare.
B.
Enforcement. The provisions of this chapter shall
be enforced by the appointees of the City Council, hereinafter called
the "Construction Official," "Zoning Officer," and "Code Enforcement
Officer" (or their designees).
(1)
It shall be the duty of the Construction Official
to keep a record of all applications for construction permits and
certificates of occupancy and a record of all construction permits
and certificates of occupancy issued, with a notation of all special
conditions involved. He shall file and safely keep copies of all plans
submitted, and the same shall form a part of the records of his office
and shall be available for inspection.
(2)
It shall be the duty of the Zoning Officer to review
all requests for applications for permits and certificates of occupancy
for compliance with the ordinances of the City of Linwood.
(3)
In the absence of the Zoning Officer, the Construction
Official or his/her designee may assume the responsibilities of the
Zoning Officer.
C.
The provisions of this chapter shall further be enforced
by an appointee of the City Council, hereafter called the "Code Enforcement
Officer." It shall be the duty of the Code Enforcement Officer to
assist the Zoning Officer and Construction Official of the City of
Linwood with regard to all of his/her duties and functions as enumerated
herein.
D.
Construction permits. Upon completion of a zoning
review by the Zoning Officer, construction permits shall hereafter
be secured from Construction Official prior to the construction, erection
or alteration of any building or structure.
E.
Certificates of occupancy. Certificates of occupancy
shall hereafter be secured from the Construction Official. No building
or structure hereafter constructed, erected or altered shall be occupied
or used until a certificate of occupancy has been issued certifying
that the building, structure or use complies with the provisions of
this chapter. Such certificate of occupancy shall be granted or denied
within 10 business days from the date of written application therefor.
A.
If, before final subdivision approval has been granted,
any person transfers or sells or agrees to transfer or sell, except
pursuant to an agreement expressly conditioned on final subdivision
approval, as owner or agent, any land which forms a part of a subdivision
for which City approval is required by ordinance pursuant to this
Act,[1] such person shall be subject to a penalty not to exceed
$1,000, and each lot disposition so made may be deemed a separate
violation.
[1]
Editor's Note: “This Act” refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
C.
In any such action, the transferee, purchaser or grantee
shall be entitled to a lien upon the portion of the land, from which
the subdivision was made that remains in the possession of the developer
or his assigns or successors, to secure the return of any deposits
made or purchase price paid, and also, a reasonable search fee, survey
expense and title closing expense, if any. Any such action must be
brought within two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years,
if unrecorded.
A.
The prospective purchaser, prospective mortgagee,
or any other person interested in any land which forms part of a subdivision,
or which formed part of such a subdivision three years preceding the
effective date of this Act,[1] may apply in writing to the Zoning Officer for the issuance
of a certificate certifying whether or not such subdivision has been
approved by the Planning Board. Such application shall contain a diagram
showing the location and dimension of the land to be covered by the
certificate and the name of the owner thereof.
[1]
Editor's Note: “This Act” refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
B.
The Zoning Officer shall make and issue such certificate
within 15 days after the receipt of such written application and the
fees therefor. Said officer shall keep a duplicate copy of each certificate,
consecutively numbered, including a statement of the fee charged,
in a binder as a permanent record of his office.
C.
Each such certificate shall be designated a "certificate
as to approval of subdivision of land" and shall certify:
A.
Any person who shall acquire for a valuable consideration
an interest in the lands covered by any such certificate of approval
of a subdivision in reliance upon the information therein contained
shall hold such interest free of any right, remedy or action which
could be prosecuted or maintained by the City pursuant to the provisions
of this article.
B.
If the zoning officer designated to issue any such
certificate fails to issue the same within 15 days after receipt of
an application and the fees therefor, any person acquiring an interest
in the lands described in such application shall hold such interest
free of any right, remedy or action which could be prosecuted or maintained
by the municipality pursuant to this article.
C.
Any such application addressed to the City Clerk shall
be deemed to be addressed to the proper designated officer and the
municipality shall be bound thereby to the same extent as though the
same was addressed to the designated official.
A.
For each and every violation of the provisions of
this chapter, the owner, owner's agent, contractor or other person
interested in any building, structure or land, who refuses to cease
said violation within the time given to comply by the Construction
Official, Zoning Officer or his or her designee, after written notice
has been served upon him, either by mail or personal service, shall,
for each and every violation, be subject to a fine of not more than
$2,000 or imprisonment for a term not to exceed 90 days, or both.
Each and every day that such violation continues after such notice
shall be considered a separate and specific violation of this chapter
and not a continuing offense.
B.
The owner of any building or structure, lot or land, or part thereof, where anything in violation of this chapter shall be placed or shall exist, and any architect, builder, contractor, agent, person or corporation employed in connection thereof and who assists in the commission of such violation, shall each be guilty of a separate offense and upon conviction thereof each shall be liable to the fine or imprisonment, or both, specified in Subsection A above.
C.
Nothing in this article shall be construed to limit
the City of Linwood's right to institute and maintain a civil action,
from seeking active injunctive relief or to set aside or invalidate
any consequence made pursuant to a contract of sale.