Cliffside Park City Zoning Code
ARTICLE XI
Administration
§ 18-11.1 Interpretation.
[Ord. No. 17-89, § 11.1]
The interpretation and application of this chapter shall be held to be the minimum requirements for the public health, safety, comfort, convenience and general welfare.
§ 18-11.2 Enforcement.
[Ord. No. 17-89, § 11.2]
This chapter shall be enforced by the Building Department which is empowered to cause any building, structure, place, or premises to be inspected and examined and to order in writing the remedy of any condition found to exist therein or thereat in violation of any provisions of these regulations.
§ 18-11.3 Building Permits.
[Ord. No. 17-89, § 11.3]
a.
No excavation, demolition, alteration or construction of any building shall begin before a building permit has been issued by the Building Department.
b.
Excavation permits shall be issued upon the posting of a cash bond and/or performance bond in sums to be determined by the municipal engineers and/or Building Department; (one- and two-family dwellings shall be exempt from this provision).
c.
No building permit shall be issued until a developer's agreement has been entered into with the municipality; This provision shall only apply to the construction of nonresidential structures and/or five (5) or more residential dwelling units.
§ 18-11.4 Certificate of Occupancy and Certificate of Continued Occupancy.
[Ord. No. 17-89, § 11.4]
a.
Certificate of Occupancy. No structure, addition, alteration, or land shall be occupied or changed to another use unless a Certificate of Occupancy has been issued by the Building Department. A Certificate of Occupancy is also required for any change, extension, or alteration in use.
1.
No building or premises for which a Certificate of Occupancy is required may be occupied until such certificate shall have been issued.
2.
No Certificate of Occupancy shall be used unless all site improvements required by this chapter have been completed.
3.
No change or extension of use and no alteration shall be made in a nonconforming use or premises without a Certificate of Occupancy having first been issued by the Building Department that such change, extension or alteration is in conformity with the provisions of this chapter.
4.
Any occupancy permit shall be put into effect within one (1) year from the date issued or said permit shall be null and void.
5.
Condominium and/or cooperative structures or any building construction of three (3) or more units shall have a separate Certificate of Occupancy for each dwelling unit.
6.
The Building Department shall be authorized to issue a conditional and/or temporary Certificate of Occupancy which may include liquidated damage provisions.
b.
Certificate of Continued Occupancy.
1.
A Certificate of Continued Occupancy shall be required on the sale of any dwelling unit, except, refinancing which shall be exempt from this provision.
There shall be a certification fee of one hundred ($100.00) dollars, accompanying each application form submitted to the Building Department together with a survey and/or survey certification (condominium or cooperative).
2.
A Certification of Continued Occupancy shall be required upon the commencement of any new business or commercial use.
There shall be a certification fee of one hundred ($100.00) dollars accompanying each application form to be submitted to the Building Department.
§ 18-11.5 Conditions.
[Ord. No. 17-89, § 11.5]
Any action or relief requested by an applicant and granted by either the Planning and/or Zoning Board of Adjustment shall have the Building Permit conditioned upon the applicants strict compliance with any and all stipulation and/or conditions delineated within said resolutions.
§ 18-11.6 Expiration of Permits and Approvals.
[Ord. No. 17-89, § 11.6]
Any permit issued, or any approval, ruling, interpretation or decision made by the Borough Council, Planning Board, Board of Adjustment or Building Department in the administration of this chapter, shall be put into effect or work commenced within one (1) year from the date of such action, or said action shall become null and void.
This expiration shall specifically apply to the following permits or approvals requested by an applicant;
§ 18-11.7 Violations and Penalties.
[Ord. No. 17-89, § 11.7]
Any building, use, sign or structure constructed, reconstructed, extended, enlarged, altered, converted, moved, changed or used contrary to any of the provisions of these regulations, and any use of any land, building or structure which is conducted, operated or maintained contrary to any of the provisions of these regulations, shall be, and the same is hereby declared to be unlawful.
a.
Action. The Building Department may initiate an injunction, mandamus, abatement, stop work order, municipal summons; or any other sanctions permitted by Statute, regulation, code etc., including but not limited to N.J.S.A. et seq., N.J.A.C. et seq., BOCA, or Uniform Construction Code (UCC) or any other appropriate action to prevent, enjoin, abate, or remove such construction, reconstruction, extension, enlargement, alteration, conversion, or use in violation of any of the provisions of these regulations.
b.
Notice. The Building Department shall serve notice to the person or corporation committing or permitting any violation. The notice of violation shall conform with the State legislative codes including but not limited to N.J.S.A. et seq., N.J.A.C. et seq., BOCA, or UCC. Such notice may be served by Certified Mail Return Receipt Requested and/or regular mail to said person or by posting said notice on the lot or building.
c.
Penalties.
1.
The owner or agent of a building or premises where a violation of any provision of said regulations shall have been committed or shall exist, or the lessee or tenant of an entire building or entire premises where such violation shall have been committed or shall exist, or any other person who shall commit, take part or assist in such violation or who shall maintain any building or premises in which any such violation shall exist shall be subject to a fine of not more than one thousand ($1,000.00) dollars. (N.J.S.A. 40:49-5)
A person shall be guilty of a separate offense for each day that he fails to comply with a valid stop work order and for each week that he fails to comply with any other valid order of the Building Department.
2.
Anyone who knowingly refuses entry or access to any authorized municipal official lawfully authorized to inspect any premises, building or structure under this chapter or who unreasonably interferes with such inspection shall be subject to a fine of not more than two hundred and fifty ($250.00) dollars.
3.
Penalties pursuant to this section may be collected in a summary proceeding in either the Superior Court of New Jersey in accordance with N.J.S.A. et seq. or the Cliffside Park Municipal Court pursuant to N.J.S.A. et seq.
§ 18-11.8 Liability.
[Ord No. 17-89, § 11.8]
All municipal officer(s), agent(s) or employee(s) charged with the enforcement of this chapter shall be bound to the standards delineated in N.J.S.A. as hereinafter may be amended.
§ 18-11.9 Fees, Deposits and Inspections.
[Added 4-5-2022 by Ord. No. 2022-06]