Eatontown City Zoning Code
ARTICLE XIV
Enforcement and Enforcing Administrative Officers
§ 89-107 Zoning Officer.
The Zoning Officer shall administer and enforce the zoning provisions of this chapter and shall have such powers as are conferred upon him by this chapter and as may reasonably be implied. The duties of the Construction Official, Housing Inspector, and Health Inspector shall also include referring to the Zoning Officer any conditions or circumstances which they believe may be a violation of this chapter.
§ 89-108 Duties of Zoning Officer.
It shall be the duty of the Zoning Officer or his duly authorized assistants to cause any plans, buildings, or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises during the daytime in the course of his duties.
A.
Where the Zoning Officer in the course of his duties determines that any plans, buildings 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 ordered and time permitted for such action, the penalties and remedies which may be invoked by the Borough and the violator's rights of appeal all as provided for by this chapter and the laws of the State of New Jersey.
B.
A copy of the written order shall be transmitted to the Construction Official who shall thereupon refuse to grant such applicant a building permit or certificate of occupancy until the above violations have been remedied. Where such violations apply to an existing structure or use, the Construction Official shall cause the certificate of occupancy for the building or premises in question to be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.
C.
Application file. An individual permit file for each application for any permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans, notations regarding pertinent dates, fees and the like as appropriate, the date the permit applied for was issued or denied by the Zoning Officer and copies of any actions or resolutions taken by other municipal officers.
D.
Monthly report. The Zoning Officer shall prepare a monthly report for the Borough Council. Said report shall cite all actions taken by the Zoning Officer including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received, and all violations found by him and the action taken by him consequent thereof. A copy of this monthly report shall also be transmitted by the Zoning Officer to the Tax Assessor, Planning Board and Zoning Board of Adjustment at the same time it is transmitted to the Borough Council.
§ 89-109 Borough Engineer.
The Borough Engineer shall consult with and assist the Zoning Officer in enforcing the provisions of the subdivision and site plan portions of this chapter.
§ 89-110 Administrative Secretary to Planning Board and Board of Adjustment.
[Amended by Ord. No. 6-93]
The Administrative Secretary shall process all applications and serve as secretary to both the Planning Board and the Board of Adjustment and shall be the custodian of official records of the said boards and shall handle such other duties as the boards may designate. In the event no person is appointed to the position of Administrative Secretary to the Planning Board and Board of Adjustment, then the duties of that office shall be assumed by the Zoning Officer.
§ 89-111 Actions to prevent, correct or abate violations.
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 the Municipal Land Use Law or of this chapter or other regulation made under authority conferred hereby, the Borough of Eatontown or the Zoning Officer of the Borough of Eatontown or any interested party, in addition to other remedies, may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land, or to prevent any illegal act, conduct, business or use in or about such premises.
§ 89-112 Selling before approval.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.
A.
In addition to the foregoing, the Borough of Eatontown may institute and maintain a civil action:
B.
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and, also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.
§ 89-113 Certificates showing approval; contents.
The prospective purchaser, prospective mortgagee, or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding August 1, 1976, may apply in writing to the Administrative Secretary for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.
A.
The Administrative Secretary shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.
B.
Each such certificate shall be designated a "certificate as to approval of subdivision of land," and shall certify:
(1)
Whether there exists in the Borough of Eatontown a duly established Planning Board and whether there is an ordinance controlling subdivision of land adopted under the authority of the Municipal Land Use Law.
(2)
Whether the subdivision, as it relates to the land shown in said application, has been approved by the Planning Board, and, if so, the date of such approval and any extensions and terms thereof, showing that subdivision of which the lands are a part is a validly existing subdivision.
(3)
Whether such subdivision, if the same has not been approved, is statutorily exempt from the requirement of approval as provided in this chapter and in the Municipal Land Use Law.
[Amended by Ord. No. 3-80]
§ 89-114 Right of owner of land covered by certificate.
Any person who shall acquire for a valuable consideration an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provisions of N.J.S.A. 40:55D-55.
A.
If the Administrative Secretary fails to issue such certificate within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to same.
B.
Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the Administrative Secretary and the municipality shall be bound thereby to the same extent as though the same was addressed to the Administrative Secretary.