East Rutherford City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 389-46 Administrative and enforcement officer designated.
This chapter shall be administered and enforced by the Building Inspector, who shall in no case grant any permit for the construction or alteration of any building, and who shall not grant any certificate of occupancy in respect to any building where the proposed construction, alteration or use thereof or use of land would be a violation of any provisions of this chapter. In the performance of his duty, the Building Inspector is empowered to cause any building, structure, plans or premises to be inspected or examined and to order in writing the remedying of any condition found to exist therein or threat in violation of any provisions of these regulations.
§ 389-47 Building permits.
All applications for building permits shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the building to be erected and such other information as may be necessary to provide for the enforcement of this chapter.
§ 389-48 Certificates of occupancy.
A.
It shall be unlawful to use or permit the use of any building or part thereof hereafter erected, changed, converted, altered or enlarged, wholly or in part, or the use of land until a certificate of occupancy shall have been applied for and issued by the Building Inspector.
B.
A certificate of occupancy shall be obtained from the Building Inspector for any of the following:
(1)
Occupancy and use of vacant land.
(2)
Change in the use of any land or structure.
(3)
Any change involving a nonconforming use or nonconforming structure.
(4)
Change in the ownership of any land, property or structure, not including one- and two-family dwellings.
[Amended 5-16-2000 by Ord. No. 2000-3]
C.
No such occupancy, use or change of use shall take place until an occupancy permit has been issued by the Building Inspector.
D.
Application for a certificate of occupancy shall be made at the time that the building permit is applied for and shall be issued within 10 days after the erection or alteration of the building is completed.
E.
In case the Building Inspector shall decline to issue a certificate of occupancy, his reasons for doing so shall be stated on one copy of the application, and that copy shall be returned to the applicant.
F.
A record of all certificates of occupancy shall be kept on file at the office of the Building Inspector and shall be a public record.[1]
[1]
Editor's Note: Former Subsection G, Certificate of zoning compliance for one- and two-family dwellings and condos, added 5-16-2000 by Ord. No. 2000-3, which immediately followed this subsection, was repealed 12-15-2009 by Ord. No. 2009-21.
§ 389-49 Complaints of violations.
Any person may file a complaint with the Building Inspector if there is reason to believe that a violation of this chapter exists. All complaints must be in writing and signed by the complainant.
§ 389-50 Abatement of violations.
A.
In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, the Building Inspector, in addition to all other existing remedies, may institute appropriate legal action to prevent such condition, to restrain, correct or abate such violation, to prevent occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use.
B.
A violation of these terms shall be abated within five days after written notice has been served, either by mail or by personal service.
§ 389-51 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, morals, safety or the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the more restrictive, or that imposing the higher standards, shall govern.
§ 389-52 Amendments.
This chapter may be amended, revised or repealed by the Mayor and Council in the manner provided by statute.
§ 389-53 Violations and penalties.
For any and every violation of the provisions of this chapter, the owner, contractor or other persons interested as lessee, tenant or otherwise in any building or premises where such violation has been committed or shall exist, and who refuses to abate said violation within five days after written notice has been served upon him either by mail or by personal service, shall for each and every violation be subject to a fine of not more than $500 or to 90 days' imprisonment in the county jail, or both, at the discretion of the court or judicial officer before whom a conviction may be held. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter and not as a continuing offense.