Brigantine City Zoning Code
ARTICLE XVII
Administration and Enforcement
§ 198-128 Zoning Officer.
A.
Power of enforcement. The duty of administering and enforcing the provisions of this chapter shall be conferred upon the Zoning Officer upon the adoption of this chapter. The Zoning Officer shall have such powers as specifically conferred upon him by this chapter and those powers as may be reasonably implied from this chapter, or otherwise conferred by law.
B.
Appointment. The Zoning Officer shall be appointed by the City Manager and receive such compensation as the Council shall determine.
C.
Review for conformance. The Zoning Officer, or his duly authorized assistants, shall review, examine or inspect any plans, buildings, structures or premises in order to determine that they are not in violation of this chapter.
D.
Right of entry. The Zoning Officer shall have the right to enter any building or premises during the daytime or during the normal hours of operation in the course of executing his duties.
E.
Notice of violation and appeal. Where the Zoning Officer, in the course of his duties, determines that any plans, buildings, structures or premises are in violation of the provisions of this chapter, he shall order the responsible party in writing to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy order and the time permitted for such action, the penalties and remedies which may be invoked by the City and the violator's right of appeal; all as provided for by this chapter as well as the laws of the State of New Jersey. See § 198-15A.
F.
Loss of zoning permit. On the serving of notice by the Zoning Officer to the owner of any violation of any provisions of this chapter, the zoning permit for such building or use shall be held null and void. A new zoning permit shall be required for any further or continued use of such building or premises.
G.
Maintenance of records. The Zoning Officer shall maintain a permanent record of all matters considered and all action taken by him. Such records shall form a part of the records of his office and shall be available for the use of the City Council and other officials of the City, county and state.
H.
Application files. The Zoning Officer shall establish an individual permanent file for each application for a permit provided for by this chapter at the time of making the application. This file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates, fees paid, notes, etc., one copy of the decision and resolution of the Planning Board and the date the permit applied for was either issued or denied by the Zoning Officer.
§ 198-129 Jurisdiction.
The Municipal Court of the City of Brigantine, or such other court of record of this state as shall be designated by the Supreme Court of the State of New Jersey, shall have jurisdiction to hear complaints or citations for violations committed under this chapter.
§ 198-130 Violations and penalties.
A.
Violation of any provision of this chapter, as amended and supplemented, upon conviction for a first offense, shall subject the offender to pay a fine not to exceed $500. Upon conviction for a second or subsequent offense within two years of the date of the first conviction, such person or entity being convicted shall pay a fine not to exceed $1,000, and such person or entity being convicted shall be subject to imprisonment for a period not exceeding 30 days, or both, in the discretion of the Municipal Court Judge.
B.
Each day of offense may be treated as a separate offense. Each day of offense subsequent to the cease-and-desist notice described in § 198-131 shall be treated as a separate offense.
C.
If any applicant receives site plan or subdivision approval and does not comply with any of the conditions imposed by the Planning Board as part of said site plan or subdivision approval, said applicant or any successor in title will be in violation of this chapter and Subsections A and B above will be applicable.
§ 198-131 Cease-and-desist orders.
The Zoning Officer shall first direct the offending party to cease and desist from carrying out activities in violation of this chapter. Such notice shall be sent by certified and regular United States mail to the owner of the premises listed on the tax assessment rolls of the City of Brigantine and may be sent to any other person known to the Zoning Officer to be an offending party. Each day such violation continues after the cease-and-desist order shall constitute grounds for a separate complaint. Upon the failure of the offending party or the owner of the premises, or either of them, to cease and desist such activity as is described in the notice and within the time limit specified in such notice, the Zoning Officer may cause to be sworn out appropriate complaints and/or citations for prosecution in any court having jurisdiction over offenses committed under this chapter, and such complaint and/or citation, as the case may be, shall be prosecuted by the Municipal Prosecutor of the City of Brigantine or other appropriate legal representation.
§ 198-132 Additional costs and expenses.
In addition to the fines and/or penalties specified by this chapter, the offending party may be required to pay all costs and expenses incurred by the City of Brigantine in enforcing the terms and conditions of this chapter, including but not limited to publication costs, postage, legal fees, court costs and any other costs. Failure to pay over to the City of Brigantine such amounts, on demand, shall entitle the City to commence appropriate collection actions, and any additional costs or expenses so incurred shall also be charged against the offending party.