A.
Creation of office; appointments. In order to administer
and enforce the provisions of this chapter, the office of the Zoning
Officer of the Borough of Hopatcong is hereby created. The Zoning
Officer shall be appointed by the Administrator with the consent of
the Mayor and Council.
[Amended 3-25-1985 by Ord. No. 7-85]
B.
Duties. It shall be the duty of the Zoning Officer
to enforce this chapter and, pursuant to that duty, to:
(1)
Discover and ascertain the existence of any violations
of this chapter.
(2)
Investigate and inspect any alleged violation of this
chapter within his knowledge or coming to his attention.
(3)
Prevent further or continued violations of this chapter
which are known by him to exist and by every lawful means cause the
violators to cease and desist from committing such further violations.
(4)
Prosecute violations of this chapter in the manner
provided by law.
C.
Whenever any building or structure is erected, constructed,
altered, repaired, converted, used or maintained within the Borough
of Hopatcong, it shall be the duty of the Zoning Officer to ascertain
that the same is done in accordance with the provisions of this chapter
and not in violation thereof; and whenever any building or structure
is so erected, constructed, altered, repaired, converted, used or
maintained contrary to or any 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 in the manner herein provided
and as otherwise provided by law; and he is hereby further authorized
and empowered to institute and maintain any further statutory legal
actions and proceedings for the enforcement hereof now existing or
heretofore or hereafter provided which may be available to him.
D.
Enforcement procedure. Whenever the Zoning Officer
shall ascertain that any of the provisions of this chapter are being
violated, he shall:
(1)
Promptly notify the person committing such violation
to cease and desist from continuing such violation. If such violation
consists of the construction or erection of an illegal building or
structure, he shall order the same demolished and the site cleared
or the building or structure removed. If such violation consists of
an illegal alteration or conversion of an existing building or structure,
he shall order such building or structure restored to a conforming
condition.
(2)
Sign and file a complaint alleging the violation in
the Municipal Court of the Borough of Hopatcong, in the manner prescribed
by law and the rules governing the practice in such Court. He shall
also institute further proceedings in the Superior Court when, in
his opinion, the same are warranted, to enjoin said violation and
to effect the discontinuance thereof. Nothing herein shall prevent
any person other than the Zoning Officer from instituting a complaint
for any violation of this chapter in the manner prescribed by law.
E.
Search warrants. In the enforcement of this chapter,
the Zoning Officer may apply to the Judge of the Municipal Court of
the Borough of Hopatcong for a warrant or warrants to search and inspect
the properties and premises upon which he has reason to believe any
violation of this chapter has taken or is taking place, and, upon
probable cause shown, the Judge may issue such warrant or warrants
in the manner authorized by law. The information obtained pursuant
thereto shall be admissible as evidence in any court of competent
jurisdiction for the purposes of proving any case brought for violation
of this chapter.
F.
Administrative duties. In addition to the duty of
enforcement of this chapter and prosecuting the violations thereof,
the Zoning Officer shall:
(1)
Make an inspection of every parcel of land, building
or structure for which an occupancy or land use permit is requested
prior to the issuance of such permit, in order to ascertain that said
occupancy or use will comply with every standard, regulation and requirement
of this chapter for such occupation and use.
(2)
After proper inspection and investigation, issue land
use permits and certificates of occupancy in appropriate instances
and within his jurisdiction.
(3)
Report to the Board of Adjustment with respect to
matters which are properly before the Board, and otherwise conduct
investigations, and report to and be responsible to the Mayor and
Council with respect to matters pertaining to the zone plan and this
chapter otherwise within his jurisdiction.
(4)
Start and maintain an accurate and complete file with
respect to every alleged violation of this chapter or other matter
investigated and processed by him.
(5)
File a monthly report of his activities with the Borough
Administrator and the Mayor and Council of the Borough of Hopatcong.
[Amended 8-4-1999 by Ord. No. 17-99; 4-7-2010 by Ord. No. 4-2010]
A.
Upon receiving a complaint or determining that there is a violation
of this chapter, the Zoning Officer shall issue a notice to correct
or abate the violation. The notice shall allow at least seven days
to abate or correct the violation unless it is a matter of public
health or safety. Where there is a likelihood of a danger to people
or property, the Zoning Officer may shorten the time to abate or correct.
Where the complaint relates to a campaign sign for Mayor or Borough
Council, the administrator shall immediately be authorized to retain
a Zoning Officer from another town for enforcement proceedings.
B.
Any person who shall violate any of the provisions of this chapter
or fail to comply therewith or with any of the requirements thereof,
or who shall erect, structurally alter, enlarge, rebuild or move any
building or buildings or any structure, or who shall put into use
any lot or land in violation of any detailed statement or plan submitted
hereunder, or who shall refuse a reasonable opportunity to inspect
any premises, shall be liable to a fine of not more than $500 or to
imprisonment for not more than 90 days, or to both. Each and every
day such violation continues after the expiration of an abatement
notice or after initial construction, as the case may be, shall be
deemed to be a separate and distinct violation.
C.
In addition to the fines and penalties set forth herein, any person
who shall violate any of the provisions of this chapter shall reimburse
the Borough of Hopatcong for all costs incurred in correcting or terminating
any adverse effects upon the environment as a result of the violation.
Any person shall further reimburse the Borough of Hopatcong for all
costs of investigation, inspection and prosecution involved in the
correction of any violation of this chapter, including reasonable
costs for litigation and attorneys' fees. All costs awarded to the
Borough of Hopatcong pursuant to this section constitute an assessment
and a lien against the subject property and shall accrue interest
as provided by law.
A.
Zoning permits. Zoning permits shall hereafter be
secured from the Zoning Officer's office prior to the application
for a building permit for the construction, erection or alteration
of any structure or sign or part of a structure or upon a change in
the use of a structure or land. Each application shall be accompanied
by the required fee.
B.
Certificate of occupancy. No land shall be used and
no new structure shall be occupied or used, in whole or in part, for
any use nor shall the use of any land or structure be changed from
an existing to a new use until a certificate of occupancy is issued
by the Zoning Officer stating that the structure and the occupancy
and use of the land or the structure, if any, conform to the provisions
of this chapter of the Code of the Borough of Hopatcong. In addition,
a certificate of occupancy shall be obtained prior to the occupancy
of any existing nonresidential land or building or part thereof by
a new owner or tenant, even if there is no change in the use of the
land or building or part thereof.
