Carlstadt City Zoning Code
21-28 Enforcement
and Penalties.
21-28.1.
Enforcement and Penalties.
a.
This chapter shall be enforced by the construction code official and by all other enforcing agencies in the Borough including, without limitation, the Police Department, the zoning officer and the health department.
b.
Each enforcement officer is empowered to cause any building, structure, plans or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereat in violation of any provision of these regulations.
c.
The owner or agent of a building or premises where a violation of any provision of these regulations shall have been committed or shall exist, or the owner, agent, architect, builder, contractor, lessee, tenant or any other person who shall commit, take part or assist in any such violation of this chapter, shall be subject to the penalty provided in section 1-7 of these Revised General Ordinances of the Borough of Carlstadt.
21-28.2.
Enforcement Procedure. Whenever the zoning officer shall ascertain that any of the provisions of this chapter are being violated, (s)he shall:
a.
Promptly notify the person committing such violation to cease and desist from continuing such violation.
b.
Sign and file a complaint alleging the violation in the municipal court of the Borough, in the manner prescribed by law and the rules governing the practice in such court. The zoning officer shall also institute further proceedings in the Superior Court when, in his/her opinion, the same are warranted, to enjoin such 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.
21-28.3.
Warrants. Where permitted by law and in the enforcement of this chapter, the zoning officer may apply to the judge of the municipal court for a warrant(s) to search and inspect the properties and premises upon which (s)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 a warrant(s) 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.
