A.

Zoning permits. No land shall be occupied or used, in whole or in part, for any purpose, no use of any land, building or structure shall be changed and no building or structure shall be erected, altered or used for any purpose whatsoever unless and until a zoning permit for said use shall have been issued by the Zoning Officer; provided, however, that no zoning permit shall be required for any permitted accessory use for one- and two-family dwellings.

B.

Certificates of occupancy.

1.

No building or structure hereafter constructed, moved, altered or enlarged shall be used or occupied until a certificate of occupancy therefor has first been applied for and issued by the Construction Official.

2.

No certificate of occupancy shall be issued without a written report from the Zoning Officer certifying that the proposed use, improvements and structures are in compliance with all terms, conditions, provisions and regulations of the Land Development Ordinance and all approvals issued pursuant thereto.

3.

A temporary certificate of occupancy may be issued, but only for a specific period and, upon such conditions as the Town Engineer may impose, such as bonding, to ensure the completion and/or installation of any improvements which are unfinished because of weather-related delay. The installation of any required public or private improvements may also be delayed if the Town Engineer warrants in writing to the Construction Official that the delay is in the best interests of the Town of Harrison.

C.

Conditions for issuance of permits and certificates. No building permit, zoning permit or certificate of occupancy shall be issued until the applicant has fully complied with all applicable requirements of this Chapter and all approvals granted pursuant thereto, the Uniform Construction Code, all other applicable Town ordinances, regulations and directives, and all state and county laws and regulations.

D.

Contents of permits and certificates. A zoning permit or certificate of occupancy shall specify the use of the land, building or buildings, as the case may be, and any terms or conditions imposed thereunder.

E.

Records. It shall be the duty of the Zoning Officer and the Construction Official, respectively, to keep records of all applications for building permits, zoning permits and certificates of occupancy and of all such permits and certificates issued, together with a notation of all special terms or conditions imposed thereunder. Each shall be responsible for the filing and safekeeping of plans and specifications submitted to him or her with any application, and the same shall form a part of the records of his or her office and shall be available to all officials of the Town of Harrison.

(Ord. 996 § 1 (part), 1998)

A.

In case any building or structure is erected, constructed, reconstructed, altered, moved or converted or any building, structure or land is used, in violation of or contrary to the provisions of this Chapter, the Town may institute an action to enjoin the violation or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. In addition, in the event of any violation of this chapter or the terms or conditions of any approval issued pursuant thereto, the Zoning Officer and/or Construction Official may assess administrative penalties as provided for in Section 17-137B below and may issue such stop work orders, and deny, revoke or withhold such permits, as necessary or proper in his judgment to abate, arrest or remedy such violation, to cause such violation to be remediated, abated or cured, and/or to prevent any further violations of this Chapter or the terms or conditions of any approval issued pursuant thereof. Nothing in this Chapter shall be construed to restrict the right of any other party to obtain relief in regard to a violation of this Chapter from any court of competent jurisdiction according to law.

B.

In any case in which a court has adjudicated any person guilty of illegally establishing a dwelling unit without required approvals per this Chapter, if such unit is occupied by a third party at the time of adjudication, the court may require that the defendant pay the cost of removing the occupants from the illegal unit and relocating them to a lawful, suitable replacement dwelling. Such costs shall include, without limit, moving and real estate brokerage expenses. The court may appoint a licensed real estate broker to find suitable replacement housing at the expense of the applicant.

C.

Any violation of the provisions of this Chapter shall be punishable by a fine not to exceed five hundred dollars ($500), by imprisonment in the county jail for a term not to exceed ninety (90) days, or both. Each day the violation shall continue after a notice and a reasonable opportunity to correct or remedy the violation shall constitute a separate violation. ^{* 1} by stop work orders, by revocation, denial or withholding of any permit or approval issued pursuant to the Land Development Ordinance.

D.

It shall be the responsibility of an applicant to (a) maintain in good order and condition all improvements, site work and landscaping shown in the approved plans or required as a condition of approval granted under this Chapter; and (b) comply with all other conditions required by the Board as set forth in the resolution of approval, minutes of the Board or on the site plan or subdivision plat approved as part of the application. Failure to do so shall be considered a violation of this Chapter.

E.

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 Town approval is required, such person shall be subject to a penalty not to exceed one thousand dollars ($1,000) and each lot disposition so made may be deemed a separate violation.

F.

Specific relief.

1.

In addition to the foregoing, the Town may institute and maintain a civil action:

a)

For injunctive relief; and

b)

To set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56 of the Municipal Land Use Law.

2.

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 expenses and title closing expenses, if any. Any such action must be brought within two (2) years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six (6) years, if unrecorded, as set forth in N.J.S.A. 40:55D-55.

(Ord. 996 § 1 (part), 1998)