Garfield City Zoning Code
ARTICLE XVI
Administration
§ 341-59 Zoning Officer/Building Inspector; duties.
[Amended 10-5-1971 by Ord. No. 1474; 5-3-1977 by Ord. No. 1618; 5-20-1980 by Ord. No. 1723]
A.
The position of Zoning Officer of the City of Garfield heretofore created is hereby consolidated with the position of Building Inspector. Said Zoning Officer/Building Inspector shall be appointed by the City Council for a term of five years or until his successor shall have qualified. Said term shall commence January 1 of the year he shall have been appointed. Said Zoning Officer/Building Inspector shall be paid an annual salary at the same time and in the same manner as other City officers and employees are paid, said salary to be in such amount as shall be established from time to time by the City Council in the Salary Ordinance.[1]
[1]
Editor's Note: The current Salary Ordinance is on file in the office of the City Clerk.
B.
It shall be the duty of said Zoning Officer/Building Inspector to enforce the provisions of this chapter. In addition to his other duties, he shall keep a record of all applications for zoning permits and a record of all zoning permits issued, with a notation of any conditions that may have been imposed under Article XIV. He shall file and safely keep copies of all plans submitted to the Planning Board. He shall also keep a record of every identifiable complaint of the violation of any of the provisions of this chapter and of the action taken consequent on each such complaint. All such records and plans shall form a part of the records of his office and shall be available for the information and use of the City Council and of other official agencies and officials of the City.
C.
It shall be the duty of said Zoning Officer/Building Inspector to attend all regular and special meetings of the Zoning Board of Adjustment and Planning Board of the City of Garfield in order to provide a report as to the compliance, or lack thereof, with the Zoning Ordinances and regulations for any applications pending before those Boards. The Zoning Officer/Building Inspector shall also provide, at least one week prior to the meeting, a written report to the Board as to any violations, applications, permits or any other information which pertains to the subject property.
[Added 10-9-2001 by Ord. No. 2323]
§ 341-60 Compliance required.
[Amended 5-20-1980 by Ord. No. 1723]
No board, agency, officer or employee of the City shall issue, grant or approve any permit, license, certificate or other authorization, including variances and other authorizations by the Board of Adjustment, for any construction, reconstruction, alteration, enlargement or moving of any building or for any use of any land or building that would not be in full compliance with the provisions of this chapter. Any such permit, license, certificate or other authorization issued, granted or approved in violation of the provisions of this chapter shall be null and void and of no effect without the necessity of any proceedings for revocation or nullification thereof, and any work undertaken or use established pursuant to any such permit, license, certificate or other authorization shall be unlawful, and no action shall be taken by any board, agency, officer or employee of the City purporting to validate any such violation.
§ 341-61 Building permits and certificates of occupancy.
[Amended 5-20-1980 by Ord. No. 1723]
A.
A building permit or a certificate of occupancy shall be issued upon satisfaction of the conditions and requirements set forth in this chapter and Chapter 202, Recycling, and all other applicable provisions of the Code of the City of Garfield. Every application for a building permit shall be made in writing by the owner, his authorized agent or contractor and shall include a statement of the use or intended use of the structure or vacant land and shall be accompanied by a plan, drawn to scale, showing the proposed structure or use in its exact relation to lot and street lines. The Zoning Officer/Building Inspector shall grant or refuse a zoning permit within 10 days after receipt of the application. If the Zoning Officer/Building Inspector refuses to issue a permit hereunder, he shall state in writing the grounds of his refusal.
[Amended 9-9-1980 by Ord. No. 1734; 12-6-1994 by Ord. No. 2172]
B.
Building permit or certificate of occupancy shall be obtained from the Zoning Officer/Building Inspector prior to any construction, alteration, occupancy or use of the following:
(1)
The construction, erection or alteration of any building or part of a building costing more than $100 and of any stationary sign greater than 40 square feet in area. No excavation for any building shall be begun until application has been made for a zoning permit for such building.
(2)
Occupancy and use of vacant land.
(3)
Occupancy and use of a building hereafter erected, structurally altered or moved.
(4)
Change in the use of land, unless the change is to another use of the same general type.
(5)
Change in the use of an existing conforming building, unless the change is to another use of the same general type.
(6)
Any change from one nonconforming use to a conforming use.
(7)
Change of any use within a building or of land from that permitted by any variance or special authorization by the Board of Adjustment.
(8)
Erection or alteration of a structure or establishment of a use pursuant to or authorization by the Board of Adjustment.
C.
If the occupancy and use of a building or of land for which a certificate of occupancy has been issued are not commenced within six months after the date of such issuance or such longer period as the Zoning Officer/Building Inspector may authorize in writing because of the occurrence of conditions unforeseen at the time of issuance, such occupancy permit shall expire and a new occupancy permit shall be obtained before such occupancy and use are commenced. No such extension of time for a longer period than 90 days shall be authorized except upon approval by the Board of Adjustment.
D.
A certificate of occupancy is required for both initial and continued occupancy and use of the building or land to which it applies and shall continue in effect so long as such building and the use thereof or the use of such land is in full conformity with the provisions of this chapter.
E.
Upon determination that a violation of the certificate of occupancy exists, the Zoning Officer/Building Inspector shall serve notice upon the owner or occupant that a complaint has been filed with the Board of Adjustment and that the latter will hold a hearing on the complaint not less than 10 days nor more than 30 days following notice and that the owner and/or occupant or authorized representative will be given an opportunity to show cause why the certificate of occupancy should not be terminated.
F.
Upon written request by the owner, his authorized agent or contractor, the Zoning Officer/Building Inspector shall, after inspection, issue a certificate of occupancy for any building or use thereof or use of land existing at the time of the adoption of this chapter, certifying such use and whether or not the same and the building conform to the provisions of this chapter.
[Amended 9-9-1980 by Ord. No. 1734]
§ 341-62 Violations and penalties.
A.
Any person, firm or corporation violating any of the provisions of any part of this chapter or of any amendment thereof shall, upon conviction thereof, be punished by one or more of the following: a fine not exceeding $2,000; imprisonment for a term not exceeding 90 days; and/or a period of community service not exceeding 90 days. The imposition of one penalty for any violation of this chapter shall not excuse the violation or permit it to continue, and each day that prohibited conditions continue shall constitute a separate offense.
[Amended 11-1-1977 by Ord. No. 1638; 5-20-1980 by Ord. No. 1723; 4-25-2006 by Ord. No. 2457]
B.
The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
C.
Upon his becoming aware of any violation of any of the provisions of this chapter, the Zoning Officer/Building Inspector shall serve notice of such violation on the person, firm or corporation committing or permitting the same, and if such violation has not ceased within such reasonable time as the Zoning Officer/Building Inspector has specified in such notice and a new certificate of occupancy obtained as provided in this article, he shall institute such action as may be necessary to terminate the violation.
§ 341-63 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, prosperity and general welfare.