Borough of Alpha, NJ Article X Administration and Enforcement

§ 410-63 Zoning Officer; issuance of permits.

A. The administration and enforcement of this chapter is hereby conferred upon the Zoning Officer of the Borough. He shall be appointed by the Borough Council of the Borough of Alpha and shall receive such compensation as the Borough Council may, from time to time, determine.

B. In no case shall a permit be granted for the construction, reconstruction or alteration of a building nor a certificate of occupancy issued for any building which would be in violation of any of the provisions of this chapter other than by a written order of the Planning Board or the Borough Council.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

C. The Zoning Officer and his duly appointed assistants shall have the following duties and powers:

(1) To inspect or examine structures and uses in the Borough and any plans for structures and uses to determine their compliance with the provisions of this chapter;

(2) To order the owner, in writing, to remedy conditions where he has determined that a structure, use or premises is in violation of the provisions of this chapter. Said written order shall specify the nature of the violation found to exist, the remedy ordered and the time permitted for such remedy, the penalties and remedies which may be invoked by the Borough and the violator's rights of appeal, all as provided for by this chapter and the laws of the State of New Jersey;

(3) To prosecute any violation which has not been abated after notice as provided above, in the Alpha Borough Municipal Court for the penalties set forth in § 410-65 of this chapter or an action in the Superior Court of New Jersey to enjoin and compel abatement of violations.

§ 410-64 Certificates and permits.

A. Prior to the construction, erection or alteration of any structure or upon any change in the use of land, a building or structure, the owner or his duly authorized agent shall secure a zoning permit from the Zoning Officer. The Construction Code Official shall not issue any building permit unless the applicant therefor shall have first obtained a valid zoning permit. The issuance of a zoning permit under the terms of this chapter shall in no way waive or modify the requirements of other regulations of the Borough of Alpha governing such matters as construction, health, sanitation and the like. Any modification of the plans or other data upon which the Zoning Officer's issuance of a zoning permit was based shall invalidate such zoning permit, and the revised plans or data shall be resubmitted to the Zoning Officer for a new zoning permit.

B. Certificate of occupancy.

(1) A certificate of occupancy (CO) shall be obtained from the Construction Code Official by the owner or his duly authorized agent before any building or structure for which a building permit has been issued is occupied or used. The Construction Code Official shall secure the concurrence of the appropriate subcode officials and the Zoning Officer before issuing a certificate of occupancy.

(2) A certificate of continued use and occupancy shall be required upon the sale of all existing single-family, two-family and multifamily homes or apartments and upon change in tenancy or sale of all commercial buildings or utility structures. Prior to the issuance of a certificate, the building(s), property areas and any structures thereon shall have a visible inspection performed by the appropriate subcode officials, Code Enforcement Officer, and Zoning Officer of the Borough of Alpha. The inspections shall determine that no construction code violations, unsafe conditions, or other property maintenance or Zoning Code violations exist pursuant to the New Jersey State Uniform Construction Code (N.J.A.C. 5:23) and the Code(s) of the Borough of Alpha.

[Amended 4-13-2004 by Ord. No. 04-12; 4-26-2005 by Ord. No. 05–07]

(3) Upon serving of notice by the Zoning Officer to the owner of any property in violation of any of the provisions of this chapter with respect to any building or use thereof, or of the use of land, the certificate of occupancy for such use shall be deemed to be invalid, and the owner shall be subject to the penalties hereinbefore prescribed. The effective date of such invalidation of the certificate of occupancy shall be the 10th calendar day following the date of the Zoning Officer's notice of violation. A new certificate of occupancy shall be required for any further use of such land or building or structure.

C. Records.

(1) It shall be the duty of the Zoning Officer to keep a record of all applications for zoning permits, a record of all zoning permits issued and denied and a record of all certificates of occupancy concurred in by the Zoning Officer, together with notations of all special or unusual conditions involved therewith. These records shall be dated and numbered consecutively, safely secured in the Municipal Building and shall be made available by the Zoning Officer for public inspection upon request.

(2) The Zoning Officer shall prepare and submit to the Borough Council monthly reports citing, for the period since his last report, all applications received and his actions thereon, all certificates of occupancy concurred in by him, all complaints of violations received, all notices of violation issued by him and action taken by him consequent thereon. A copy of such report shall be filed with the Tax Assessor, and the Secretary of the Land Use Board at the same time it is filed with the Borough Council.

D. Fees. The fees for the inspections and the issuance of a certificate of continued use and occupancy shall be in accordance with the following fee schedule. These fees shall be in addition to any Uniform Construction Code permit fees which may be incurred for any work performed under a construction permit.

[Amended 4-13-2004 by Ord. No. 04-12; 4-26-2005 by Ord. No. 05–07]

	Use	Fee
	For the sale or change in ownership of a single-family dwelling whenever a change in occupancy will occur	$75
	For the sale or change in ownership of a two-family dwelling regardless of any change in occupants or apartment tenancy	$150
	For the change in tenancy of a commercial building or any portion therein.	$75
	For the sale or change in ownership of a multifamily dwelling consisting of three dwelling units regardless of any change in occupants or apartment tenancy. There shall be an additional fee, as herein listed, for every dwelling unit in excess of three	$150
	For each additional apartment exceeding three in a multifamily dwelling.	$25
	For the sale or change in ownership of a commercial building	$200

§ 410-65 Violations and penalties.

A. For each and every violation of any provision of this chapter, the owner, contractor or other persons interested as general agent, architect, building contractor, owner, tenant or any other persons who commit, take part or assist in any violation of this chapter, or who maintain any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate said violation within five days after written notice shall have been served upon him either by mail or by personal service, shall, for each and every violation, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the Judge before whom a conviction may be had. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter.

[Amended 6-22-2004 by Ord. No. 04-16]

B. In addition to the powers given to the Zoning Officer as aforesaid, the owner of or any person having interest in any property in the Borough of Alpha may make complaint for any violation of this chapter or any provision or section thereof, and upon conviction in such case, the penalties hereinbefore provided shall be imposed.

C. In addition to the remedy or remedies hereinbefore provided, any person, persons, company or corporation violating this chapter or any provision or section thereof may be proceeded against by the Borough of Alpha or by the Zoning Officer of the Borough of Alpha or by the owner of any property in the Borough of Alpha or by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.

§ 410-66 Previously issued building permits.

Any building permit heretofore issued pursuant to any ordinance which provided for the erection of a building or structure in conformance with the ordinance or ordinances to which this is an amendment and supplement shall continue in full force and effect, provided that the holder has substantially undertaken such construction on the date of adoption of this chapter.