[1975 Code § 13-23.1]
This chapter shall be enforced by a Zoning Officer who shall
also have the duty and authority, when so authorized by the Mayor
and Council, to enforce the provisions of any part of the Revised
General Ordinances of the Borough of South Toms River.
The Zoning Officer or such other person or agency as may be
designated by the Mayor and Council shall serve notice upon the owner
and prosecute a complaint to determine the violation before the Municipal
Court of any violation of this chapter or of any provision of the
Revised General Ordinances of the Borough of South Toms River.
[1975 Code § 13-23.2]
a.
All approvals are valid only as to the specific application, appeal,
conditions and plans as they exist at the time of such approval by
the Land Use Board; which plans, conditions, drawings, etc., shall
have been filed with the Land Use Board prior to granting of or approval
of the application. All such plans or survey plans submitted with
an application shall have been prepared in accordance with the provisions
of law; all survey plans shall be certified as to their correctness
as required by law.
b.
Where an appeal is sustained or a recommendation is made by the Land
Use Board to the Borough Council, and same is sustained, the necessary
permits shall be secured within three months of the date of approval
and final action, and any such building, structure, alteration, subdivision
or use (as the case may be) shall be completed and occupied within
12 months from the date of such approval.
c.
Should the appellant or applicant fail to procure the necessary permits
or record such subdivision or establish such use within the three-month
period or complete such building, alteration, etc., within the twelve-month
period, then the favorable decision or action of the Land Use Board
or Borough Council shall be automatically rescinded, unless within
the time limitations specified, an extension shall be approved and
granted by the Land Use Board and the Borough Council.
[1975 Code § 13-23.3]
a.
Conditional Use Approvals. These permits shall be granted after approval
of Boards having jurisdiction in the matter in accordance with the
procedure set forth in the preceding sections.
b.
Certificate of Occupancy. These permits shall be issued by the Construction
Official as prescribed herein and within the State Uniform Construction
Code.
c.
On the serving of notice by the Construction Official to the owners
of any violation of any of the provisions or requirements with respect
to any building or use thereof or of land, as specified in this chapter,
the certificate of occupancy for such use shall be deemed to be in
violation of this chapter and subject to the penalties hereinafter
prescribed. A new certificate of occupancy shall be required for any
further use of such building or land.
[1975 Code § 13-23.4]
The owner or agent of a building, structure, or land where a violation of any provision of this chapter shall have been committed or shall exist, or the lessee or tenant of any building, structure or land, or any part thereof, in which such violation shall have been committed or shall exist, or the agent, architect, contractor or any other person who shall commit, take part or assist in such violation or who shall maintain any building, structure or land in which such violation shall exist, or any person, firm or group who aids, abets, counsels, commands, induces, or procures another to violate the provisions of the within chapter, shall for each and every violation thereof be deemed guilty of a violation, and upon conviction thereof for each and every violation, be subject to the penalty as stated in Chapter 1, Section 1-5.
[1975 Code § 13-23.5]
In addition to the powers given to the Construction Official
or as otherwise contained in this chapter, the Construction Official,
any Police Officer or any taxpayer or resident of the Borough may
make a complaint in the Municipal Court of the Borough for any violation
of this chapter or any section, paragraph or provision thereof, and,
upon conviction in such case, the penalties hereinbefore provided
shall be imposed. If the jurisdiction of Municipal Court is extended
or substituted to include another Court of the State of New Jersey,
the latter Court shall also have jurisdiction to accept such complaints.
[1975 Code § 13-23.6]
In addition to the remedy or remedies hereinbefore provided,
any person violating any article, section, paragraph or provision
thereof may be proceeded against by the Borough of South Toms River
through any of its officials, boards, bureaus, or agencies, or by
the owner of any property within the Borough by appropriate action,
or by proceeding in equity or otherwise, to prevent and enjoin any
threatened violation or any continuing violation of the chapter or
any section, paragraph or provision thereof.
