City of Linwood, NJ Article XI Administration and Enforcement

§ 277-41 Interpretation; enforcement; construction permits; certificates of occupancy.

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.

(1) Such zoning reviews shall be granted or denied within 10 business days from receipt of the written application.

(2) Such construction permits shall be granted or denied within 20 business days from receipt of the written application therefor.

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.

§ 277-42 Selling before approval; penalty; suit by City.

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.

B. In addition to the foregoing, the City may institute and maintain a civil action:

(1) For injunctive relief; and

(2) To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with this chapter.

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.

§ 277-43 Certificates showing approval; contents.

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:

(1) That there exists in the City a duly established Planning Board and that there is an ordinance controlling subdivision of land adopted under the authority of this Act.[2]

[2] Editor's Note: “This Act” refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

(2) Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that the subdivision of which the lands are a part is a validly existing subdivision.

(3) Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this Act.[3]

[3] Editor's Note: “This Act” refers to the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq.

§ 277-44 Right of owner of land covered by certificate.

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.

§ 277-45 Violations and penalties.

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.