Hackensack City Zoning Code
Article
III Administration and Enforcement
§ 175-3.1 Enforcement officer.
The Zoning Officer shall enforce the provisions of this chapter.
He may require any member of the Police, Fire or Health Department
or other department to report to him in writing any violation of the
provisions of this chapter.
§ 175-3.2 Building permit and certificate of occupancy required.
A.
Building permits. No person shall construct, erect, repair or make
any alteration to or restoration of any structure or swimming pool
until he shall be applied for and secured a building permit from the
Construction Official.
B.
Certificates of occupancy. No person shall occupy or use or change
the occupation or use of, in whole or in part, any building or structure
until he shall have applied for and secured a certificate of occupancy
therefor from the Chief Building Inspector.
§ 175-3.3 Application requirements.
A.
Building permits.
(1)
Unless otherwise provided by this chapter, applications for
building permits shall be submitted to the Chief Building Inspector
in the manner prescribed by the Building Code of the City of Hackensack,
including the amendments and supplements thereto.
(2)
For all apartment houses, all plans submitted for approval to
the Department of Community Affairs shall contain on the plan a breakdown
giving the number of apartments, number of bedrooms per apartment,
percentage of land covered and the total square foot area of the lot.
B.
Certificates of occupancy. Applications for certificates of occupancy
shall be submitted to the Chief Building Inspector in the manner prescribed
by the Building Code of the City of Hackensack, including the amendments
and supplements thereto.
§ 175-3.4 Issuance of permits and certificates.
A.
By whom issued. Building permits and certificates of occupancy shall
be issued by the Chief Building Inspector.
B.
Determination required as prerequisite to issuance.
(1)
The Chief Building Inspector shall issue building permits or
certificates of occupancy only after he shall have determined that
the building, structure or use is one permitted under the provisions
of this chapter.
(2)
To assist the Chief Building Inspector in making such a determination,
he may require any member of the Police, Fire or Health Department
or other department to make an investigation of the premises in question
and to report to him the findings of such investigation.
§ 175-3.5 Notice of denial to permit a certificate.
If the Chief Building Inspector shall determine that a building,
structure or use is not permitted under any provision of this chapter,
he shall give written notice thereof to the applicant as follows:
A.
Such notice shall state in what respects the building, structure
or use does not conform to such provision or provisions, and shall
contain a brief description of the building, structure or use to which
the notice refers in terms sufficient to identify it and its location.
B.
The notice may be served upon the applicant by registered or certified
mail, return receipt requested, or where such resides in the City
of Hackensack, in person or by leaving it at his usual place of residence
with a member of his family above the age of 14 years. Where lands
are held by joint tenants, tenants in common or tenants by the entirety,
service upon one of the owners shall be sufficient and deemed and
taken as notice to all.
§ 175-3.6 Violations and penalties.
A.
Any owner, general agent, contractor or tenant of any building or
premises or part thereof, in which premises or part thereof is in
violation of any provision of this chapter has been committed or shall
exist, or any other person who commits, takes part or assists in such
violation or who maintains any building or premises in which any such
violation shall exist; or any person who constructs, alters, restores,
repairs, reconstructs, converts or maintains, or permits the construction,
alteration, restoration, conversion or maintenance of, any building
or structure, or who uses, maintains or permits the use or maintenance
of any land, building or structures, in violation of any provisions
of this chapter, shall, upon conviction, be subject to a fine not
to exceed $1,250 or imprisonment for a term not to exceed 90 days,
or both, at the discretion of the court.
B.
For every day that a use or structure in violation of any provision
of this chapter is permitted to exist or is continued in any building
or location, a distinct violation of this chapter shall be deemed
to have been committed.
C.
Any owner, agent, or tenant of any building or premises or part thereof,
in which premises or part thereof occupies or uses the structure,
or any other person who commits, takes part or assists in such, in
violation of any provisions of this chapter, shall, upon conviction,
be subject to a fine, for the first offense, of $1,250. For the second
and subsequent violation, the fine shall be equal to the annual cost
of the education of a student in the schools in the City of Hackensack.
Said fines shall be recovered in a civil action, in a summary proceeding,
in the name of the municipality, pursuant to the Penalty Enforcement
Law, N.J.S.A. 2A:51-1 et seq., said proceeding shall be commenced
in the municipal court of the City of Hackensack for the enforcement
of the penalty provided for herein.
D.
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.
E.
Procedures for abatement of violations.
(1)
In case any building or structure is erected, constructed, reconstructed,
altered, repaired, converted or maintained or any building, structure
of land is used in violation of this chapter or of any ordinance or
regulation made under authority conferred hereby, 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.
(2)
A violation of any of these terms of this chapter shall be abated
within five days, or within as reasonable time as may be determined,
after written notice has been served, either by mail or personal service.
§ 175-3.7 Interpretation of provisions.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances, provided that where this chapter imposes
greater restrictions, the provisions of this chapter shall apply.