Emerson City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 290-42 Zoning Officer.
The governing body shall appoint a Zoning Officer, who is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall be responsible for the examination of all applications for permits and the issuance of permits for the construction, alteration, enlargement and occupancy of structures and all nonconforming uses existing at the time of the passage of this chapter. The Zoning Officer shall be responsible for recording and filing all applications for permits with accompanying plans and documents and to make such reports to the Board of Adjustment, governing body and the Land Use Board as may be required.
§ 290-43 Permits.
A.
Purpose. To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until the proper permit has been issued by the Zoning Officer. Building permits for variances and special uses shall only be issued upon written resolution of the Board of Adjustment or, in the case of special use variances, the governing body.
B.
Enforcement.
(1)
The provisions of this chapter shall be enforced by the Zoning Officer, but any other person shall have the right to enforce the requirements hereunder by taking action necessary as provided by law.
(2)
It shall be the duty of the Zoning Officer to keep a record of all applications for permits together with a record of all permits issued. He shall file and safely keep copies of all plans submitted and shall have them available for the use of the officials of the Borough of Emerson.
(3)
The Zoning Officer shall not issue a permit for the construction, alteration or use of any building, sign or property, unless there first is filed with him duplicate copies of the plans and specifications for the construction or alteration, together with a plot plan drawn to scale showing the location of all present buildings and signs on the same. In addition thereto, he shall require a complete statement of the use for which any present or proposed buildings or premises are to be occupied. No such permit shall be issued unless the construction, alteration or use shall conform to the requirements of this chapter and all other ordinances of the Borough of Emerson.
(4)
All permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any construction operations of any kind unless a permit covering such operation has been displayed as required by this chapter, nor shall construction operations of any kind be performed after notification of the revocation of said permit.
(5)
All requests for a building permit shall be made in writing by the owner or his authorized representative on forms supplied by the Zoning Officer.
C.
Denial of permit. When the Zoning Officer is not satisfied that the applicants proposal will meet the requirements of this chapter, he shall refuse to issue a permit and shall so notify the applicant in writing, giving the reason for denial. The applicant may appeal to the Board of Adjustment for a reversal or modification of the official's decision.
D.
Revocation of permits. If it shall appear at any time to the Zoning Officer that the application or accompanying plan is in any respect misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under the existing law or ordinances, he may forthwith revoke the permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the permit has been revoked, the Zoning Officer may, in his discretion, before issuing a new permit, require the applicant to file a guaranty in favor of the Borough of Emerson with sufficient surety for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so Comply.
E.
Expiration of permits. If a permit has not been acted upon by the commencement of construction within 12 months (one year) from the date of issuance, said permit and all rights created thereby shall expire.
§ 290-44 Certificates of occupancy.
[Amended 4-27-2004 by Ord. No. 1263]
A.
New uses. No structure or land shall be occupied or used until such time as a certificate of occupancy is issued by the Zoning Officer. Such certificate of occupancy shall not be issued until a site plan has been approved by the Land Use Board.
B.
Nonconforming uses. 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 Zoning Officer stating that such change, extension, or alteration is in conformity with the provisions of this chapter, or that the same has been permitted by action of the Board of Adjustment. No certificate of occupancy shall be issued by the Zoning Officer until such time as a site plan has been submitted to, and approved by, the Land Use Board.
C.
Change of use. No owner, tenant, or other person shall use or occupy any building, structure, or land, the use of which shall be changed, without first obtaining a certificate of occupancy issued by the Zoning Officer. Said certificate of occupancy shall not be issued by the Zoning Officer until such time as a site plan has been reviewed or approved by the Land Use Board.
D.
Scope of certificate of occupancy. The certificate of occupancy shall contain any and all information required by the Land Use Board, and shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use, and the extent to which the use does not conform to the provisions of this chapter.
§ 290-44.1 Certificates of continued occupancy. [1]
[Added 9-17-1991 by Ord. No. 991]
Certificates of continued occupancy shall be required prior to the use or occupancy of any residential building or dwelling or part thereof subsequent to the sale, lease, rental or transfer of the real property on which said building or structure is located until such time as a certificate of continued occupancy has been issued by the Construction Code Official or other designated municipal official pursuant to the requirements of this section.
A.
Application. An application for certificate of continued occupancy as required by this section shall be made on forms provided by the Construction Code Official. Said Construction Code Official shall, within 10 days from the receipt of fully completed forms and fees as required by this section, inspect said property and issue a certificate of continued occupancy or advise the owner of any specific reasons for his refusal to issue a certificate of continued occupancy.
B.
Inspection of premises. The inspection of the premises by the Construction Code Official or the designated municipal official shall be solely for the following purposes:
(2)
To ensure that sump pumps or other rainwater and groundwater control systems are not causing or allowing rainwater or groundwater to enter into the municipal sewer system.
C.
Smoke detectors.
(1)
Smoke detectors shall be installed in each dwelling unit as defined in N.J.S.A. 55:13A-3 prior to the issuance of the initial certificate of occupancy or upon the sale, rental, transfer or lease of any residential dwelling unit in the Borough of Emerson.
(2)
Each residential dwelling unit sold, rented, leased or transferred shall have a minimum of one smoke detector on each level. A floor area separated by three or more risers from another floor area shall be considered a separate level. Where a basement exists, a smoke detector shall be installed on the basement ceiling.
(3)
Smoke detectors shall not be required in an unoccupied attic. In order to achieve compliance with this section, smoke detectors are required to be approved by the Underwriter's Laboratories or Factory Mutual Research Corp.
(4)
Alarm signals from the smoke detectors shall be clearly audible in all rooms on the level on which the smoke detector is installed when all intervening doors are closed.
(5)
Smoke detectors shall be powered by either battery or electricity. The installation of smoke detectors shall be governed by the applicable sections of the National Fire Protection Association (NFPA) 72 (National Fire Alarm and Signaling Code).
[Amended 4-20-2021 by Ord. No. 1627-21]
(6)
Owners of all dwelling units subject to this section shall be responsible for the correct installation and maintenance of smoke detectors.
(7)
The owner of a rental unit shall, at the time of installation of the smoke detector and thereafter at the commencement of each tenancy, provide to the tenant at least one copy of written instructions on the operation, maintenance and testing of the smoke detector, including the replacement of batteries in the battery-operated unit.
(8)
The owner of each rental unit shall be responsible for the proper maintenance of the smoke detectors, including the replacing of batteries and repair or replacement of the unit in accord with the standards hereinabove set forth.
D.
Lead-based paint inspections.
[Added 11-22-2022 by Ord. No. 1660-22[2]]
(1)
Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-437.1 et seq. and 55:13A-1 et seq. A dwelling unit in a single-family, two-family, or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed after 1978;
(c)
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violation from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," P.L. 1967, c. 76 (N.J.S.A. 55:13A-1 et seq.);
(d)
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months' duration each year by tenants that do not have consecutive lease renewals;
(e)
Has a valid lead-safe certification.
(2)
Required inspections:
(a)
General inspection. The owner, landlord and/or agent of every rental dwelling unit offered for rental shall be required to have an inspection of the facility done by the rental inspection officer prior to the rental thereof. The rental inspection officer shall inspect every rental dwelling unit prior to any occupancy or reoccupancy of the dwelling.
(b)
Lead-based paint inspection. The owner, landlord and/or agent of every single-family, two-family, and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier.
(3)
Notice. Whenever any rental dwelling unit is scheduled for a change in occupancy, the then-current owner shall provide written notice to the rental inspection officer that an inspection is needed at least 20 days prior to the scheduled change.
(4)
Time for inspections. All inspections and reinspections shall take place within 10 working days of the requested inspection. Inspection fees shall be paid prior to the inspection. No inspections or reinspections shall take place unless all fees are paid. Scheduled inspections or reinspections may be canceled by the Borough unless the completed application and required fees have been received by the Borough at least 24 hours prior to the scheduled inspection or on the last working day prior to the scheduled inspection. Every inspection where the landlord, tenant, owner or agent has failed to provide access for inspection shall be deemed a failed inspection.
(5)
Fees for inspections. Lead-based paint inspection: In addition to the general inpection fees due pursuant to this section, an additional fee in the amount of $200 shall be paid for each lead-based paint inspection. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection; $20 of said fee shall be sent to the Lead Hazard Control Assistance Fund and shall not be used for any other purpose. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs to satisfy the requirements of Section 22-346(c)(1)(b), in which case no additional lead-based paint inspection fee shall be paid. In this case, an administrative fee of $40 shall be collected along with a fee of $20 to be collected and sent to the Lead Hazard Control Assistance Fund.
E.
Certificates on file. A record of all certificates shall be kept on file at the office of the Construction Code Official and copies shall be furnished upon request to any person having an interest in the building upon payment of a fee of $50.
[Amended 4-20-2021 by Ord. No. 1627-21]
F.
Fees. At the time an application for a certificate of continued occupancy is submitted, the applicant shall pay to the Construction Code Official or other designated municipal official a fee as provided in § 150-7 for inspection of smoke detectors and carbon monoxide detectors.
[Amended 5-20-2003 by Ord. No. 1228; 3-2-2004 by Ord. No. 1256; 4-20-2021 by Ord. No. 1627-21]
G.
Notice. The Tax Collector is hereby directed to indicate on every search and in every tax bill the following: "Ordinance No. 991 requires a certificate of continued occupancy upon the sale, lease, rental or other transfer of said property."
§ 290-44.2 Carbon monoxide detectors.
[Added 5-20-2003 by Ord. No. 1228]
A.
Carbon monoxide detectors are required in all new one- and two-family houses and prior to the issuance of a certificate of occupancy on existing homes as defined N.J.A.C. 5:70-2.3 and 4.19(d).
B.
Carbon monoxide detectors shall be installed in each dwelling unit as defined in N.J.A.C. 5:70-2.3 and 4.19(d) prior to the issuance of the initial certificate of occupancy or upon the sale, rental, transfer or lease of any residential dwelling unit in the Borough of Emerson.
C.
Each residential dwelling unit sold, rented, leased or transferred shall have a minimum of one single-station carbon detector installed and maintained in the immediate vicinity of all sleeping rooms in all buildings of Use Group I-1, R-1, R-2, R-3 and R-4 that contain fuel-burning appliances or have attached garages.
D.
Carbon monoxide detectors shall not be required in buildings in Use Group I-1, R-1, R-2, R-3 that do not have a fuel-burning device or an attached garage.
E.
Carbon monoxide detectors shall be powered by either battery or electricity or of the plug-in type. The installation of carbon monoxide detectors shall be governed in accordance with the requirements of NFPA-720, the UCC and UFC. Each device shall be labeled in accordance with UL-2034.
F.
Alarm signals from the carbon monoxide detectors shall be clearly audible in all rooms on the level on which the carbon monoxide detector is installed when all intervening doors are closed.
G.
Owners of all dwelling units subject to this section shall be responsible for the correct installation and maintenance of smoke detectors.
H.
The owner of a rental unit shall, at the time of installation of the carbon monoxide detector and, thereafter, at the commencement of each tenancy, provide to the tenant at least one copy of written instructions on the operation, maintenance and testing of the carbon monoxide detector, including the replacement of batteries in the battery-operated unit.
I.
The owner of each rental unit shall be responsible for the proper maintenance of the carbon monoxide detectors, including replacing of batteries and repair or replacement of the unit in accord with the standards hereinabove set forth.
§ 290-45 Violations and penalties.
A.
Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate such.
B.
Procedures for abatement of violations. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any ordinance or regulation made under authority conferred hereby, the governing body or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings 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 about such premises.
C.
Penalties.
(1)
Except as otherwise provided, any persons, firm or corporation violating any provisions of this chapter shall, upon conviction, be punished by a fine of not to exceed $500 for each offense or be imprisoned in the county jail for a term not exceeding 30 days, or both. Each day that a violation occurs or is committed shall constitute a separate offense.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
No provisions of this section shall be construed to prevent the Borough of Emerson from taking any other remedy available for the proper enforcement of this chapter and the prevention of continuance of violations of the same.