Hasbrouck Heights City Zoning Code
ARTICLE X
Administration and Enforcement
§ 275-37 Enforcement.
A.
The administrative officer of the land use ordinances shall be the Borough Clerk or such other qualified person as the Mayor may nominate and the Council may confirm to hold such office at the will of the Council. The duties and authority of that office shall be as provided in N.J.S.A. 40:55D-1 et seq., the Municipal Land Use Law, unless such particular duties or authority are otherwise assigned by ordinance, and the compensation of that officer shall be fixed by the Salary Ordinance.[1]
B.
The Zoning Enforcement Officer shall be such qualified person as the Mayor may nominate and the Council may confirm to hold such office for a term of one year commencing on January 1 or such later date in that year as such appointment is made and ending on December 31 of that year. The Zoning Enforcement Officer shall have the duty to enforce this chapter, the Subdivision and Site Plan Review Ordinance, and any other ordinance, regulation or law which may be within his or her jurisdiction to enforce. He or she shall consult with the administrative officer of the land use ordinances and the Construction Official in those cases within his or her jurisdiction to which this chapter or the Subdivision and Site Plan Review Ordinance applies. In no case shall a permit be granted for the construction, reconstruction or alteration of any building or for the occupancy thereof when it will result in a violation of any provision of this chapter or of the Subdivision and Site Plan Review Ordinance except when a variance from the strict application of any of the requirements of this chapter has been granted.
C.
Duties; compensation; right of entry.
(1)
It shall be the duty of the Zoning Enforcement Officer to:
(a)
Make periodic Borough-wide inspections to ensure general compliance with this chapter and the Subdivision and Site Plan Review Ordinance;
(b)
Examine all zoning applications and documents submitted therewith and inspect the premises to which each of those applications relates;
(c)
Examine any plans submitted to the Construction Official, any construction subcode official or any other official from whom is sought any permit, certification or approval involving compliance with this chapter or with the Subdivision and Site Plan Review Ordinance;
(d)
Inspect any buildings or premises as to which a complaint has been made alleging violation of any of the terms of this chapter or of the Subdivision and Site Plan Review Ordinance;
(e)
Report all findings of fact in respect to the foregoing paragraphs to the administrative officer;
(f)
Recommend to the administrative officer any conclusion of fact regarding any of the foregoing;
(g)
Take such further action on each of the matters brought to the administrative officer as aforesaid upon the instructions of the administrative officer; and
(h)
Take any other action in regard to the enforcement of this chapter or the Subdivision and Site Plan Review Ordinance that the administrative officer directs.
(2)
The compensation of the Zoning Enforcement Officer shall be fixed by the Salary Ordinance.
(3)
The administrative officer of the land use ordinances, the Construction Official, the Zoning Enforcement Officer and any officer of the Police Department of the Borough of Hasbrouck Heights shall have the right and duty, consistent with law, in the execution of any of the duties authorized herein or by other ordinance or law to enforce this chapter and, for the purpose thereof, the right to enter any building or premises during the daytime or at any other time upon reasonable notice to the occupants thereof if an emergent circumstance reasonably warrants in order to inspect the same to determine such compliance.
§ 275-38 Building permits.
A.
Purpose. To ensure compliance with the provisions of this chapter, no persons shall erect, alter or convert any structure or building or part thereof or alter or expand the use of any land until a building permit has been issued by the Construction Official after approval by the Zoning Enforcement Officer acting in accordance with § 275-37 of this chapter.
B.
Application for permit. Every application for a building permit shall be accompanied by plans, in duplicate, drawn in ink or in blueprint, showing:
(1)
The actual shape and dimensions of the lot to be built upon as disclosed on a current location survey.
(2)
The exact location, size and height of the buildings and accessory buildings existing.
(a)
Including a certification by the architect who prepared the plans for the construction or the engineer who prepared the current location survey that the height of the proposed construction does not exceed the height limitation applicable to such construction as set forth on Schedule 2 of this chapter[1] when measured in accordance with the definition of "building height" contained in § 275-6 of this chapter. If the official to whom there is made the subject application for a permit disputes the determination contained in said certification as it relates to the average existing natural grade, he or she may require that the applicant supplement such certification with a current topographical survey prepared by a licensed land surveyor of the State of New Jersey. If the official further disputes such certification, the official may deny the permit and the applicant shall have recourse as provided in N.J.S.A. 40:55D-70a.
[1]
Editor's Note: Schedule 2, Area, Bulk and Yard Requirements for Principal Uses, is included at the end of this chapter.
(3)
The lines within which the building or structure is to be erected or altered.
(4)
The existing or intended use of each building or part of a building.
(5)
The number of families or housekeeping units the building is designed to accommodate.
(6)
The number and location of off-street parking spaces and off-street loading areas.
(7)
Such other information with regard to the lot and neighboring lots as may be necessary to determine complete compliance for the enforcement of this chapter. One copy of the plans shall be returned to the owner when they have been approved by the Construction Official, together with such permit as may be granted.
C.
Issuance of permit. It shall be the duty of the Construction Official to issue a building permit, provided that both the Construction Official and the Zoning Enforcement Officer are satisfied that the structure, building and proposed use conform with all requirements of this chapter and that all other reviews and actions, if any, required under this chapter or any other Borough ordinances have been sought and all necessary final approvals secured therefor. All building 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 building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall anyone perform such building operations of any kind after notification of the revocation of the related building permit.
D.
All dimensions shown on the plan referred to in Subsection B of this subsection, relating to the location and size of the lot to be built upon, shall be based on an actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started, unless such staking requirement is expressly waived in writing by both the Construction Official and the Zoning Enforcement Officer.
E.
Denial of permit. When either the Construction Official or the Zoning Enforcement Officer is not satisfied that the applicant's proposed development shall meet the provisions of this chapter or of any other applicable ordinance of the Borough or any other law, either or both shall deny issuance of any permit, certificate or approval. Said denial shall be prepared in a brief writing, in duplicate, outlining in detail the reasons for such action, and a copy submitted to the applicant.
F.
Revocation of permit. If it appears at any time to the Zoning Enforcement Officer, the Construction Official or the duly authorized agents of the Construction Official or the administrative officer of the Land Use Law of this Borough that any application or accompanying plan is in any respect false or misleading or that work is being done on the premises differing from that called for in an application, the Construction Official and/or the Zoning Enforcement Officer shall forthwith revoke the building permit. Said notice of revocation shall be prepared in a brief writing, in duplicate, outlining in detail the basis of determination for said revocation, and a copy submitted to the holder of said building permit. Upon notice of revocation of said building permit, it shall be the duty of the person holding the same to surrender it and all copies thereof to the said Construction Official or the Zoning Enforcement Officer. After the building permit has been thus revoked, the Construction Official and/or the Zoning Enforcement Officer may, before issuing a new building permit, require the applicant to file guaranties in favor of the Borough of Hasbrouck Heights with sufficient surety conditioned upon compliance with this chapter and all applicable laws and ordinances in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
§ 275-39 Zoning certificate of compliance.
A.
Zoning certificate of compliance required.
(1)
In all zoning districts with the Borough, but nevertheless except as to single-family detached dwelling houses which were owner-occupied immediately before and will be owner-occupied immediately after the change in use, occupancy or ownership, a zoning certificate of compliance shall be required for the continued occupancy of any premises or part thereof: upon every change of use from one classification under the Zoning Chapter to another classification; upon any change in occupancy; or upon any change in ownership of the subject premises. For the purpose of this chapter, a "change in ownership" is defined as a conveyance of fee title to the premises. Such a zoning certificate of compliance shall be issued by the Zoning Enforcement Officer after the filing of the application and the payment of the fee as provided for in Subsection B hereof and upon a determination by the Zoning Enforcement Officer as follows:
(a)
That the subject premises either conforms in all respects to the Zoning Chapter of this Borough or conforms by virtue of a grant of a variance and conform to the terms and conditions placed upon such variance or lawfully exists as a nonconforming use;
(b)
That the premises complies with any conditions that may have been lawfully imposed upon the premises by the Planning Board or the Board of Adjustment of the Borough of Hasbrouck Heights, or both;
(c)
That the premises complies with the Property Maintenance Code of the Borough of Hasbrouck Heights.
(d)
That there has been compliance with the requirement of the Subdivision and Site Plan Ordinance, if applicable, to obtain site plan approval.
(e)
That there has been compliance with the requirements of the Land Use Law and the Subdivision and Site Plan Ordinance in respect to approval for subdivision, if applicable under the definition of "subdivision" or "resubdivision" contained in N.J.S.A. 40:55D-6 and 40:55D-7.
(2)
As to the single-family detached dwelling houses owner-occupied immediately before and to be owner-occupied immediately after any change in use, occupancy or ownership, such zoning certificate of compliance shall be issued by the Zoning Enforcement Officer after the filing of the application and the payment of the fee as provided for in Subsection B hereof and upon a determination by the Zoning Enforcement Officer as follows:
(a)
That the subject premises either: conform in all respects to the zoning ordinances of the Borough, conform by virtue of a grant of a variance, or conform to the terms and conditions placed upon such variance or lawful nonconformity.
B.
Procedure for issuance and fees required.
(1)
Application for the issuance of a zoning certificate of compliance as may be required in this section shall be made to the Zoning Enforcement Officer of this Borough upon such form as he or she may require and supply to any applicant. The fee for issuance of such certificate for the following shall be as set forth is Chapter 133, Fees, § 133-30C:
(2)
A zoning certificate of compliance for a single- or two-family detached dwelling house as required herein shall be issued or denied as hereinafter provided within 10 business days after the receipt of a fully completed application therefor and the payment of the required fee.
(3)
A zoning certificate of compliance as to all other premises as required herein shall be issued or denied as hereinafter provided within 20 business days after the receipt of a written application therefor and the payment of the required fee, unless such application requires the review of proceedings before either land use board or appeals therefrom, in which case such time in which to issue or deny the application is extended to 30 business days.
C.
Denial of certificate. In the event that the Zoning Enforcement Officer denies issuance of a zoning certificate of compliance, said denial shall be prepared in writing, in duplicate, outlining in detail the basis of determination for said denial, and a copy submitted to the applicant for the zoning certificate of compliance.
D.
Record to be kept. A record of all certificates of compliance shall be kept on file by the Zoning Enforcement Officer in the Building Department office according to the tax map lot and block designation of that property, and copies shall be furnished to any person having a proprietary or tenancy interest in the premises in question. A monthly report of the zoning certificates of compliance issued shall be filed with the office of the Borough Tax Assessor.
E.
Temporary certificate. The Zoning Enforcement Officer may issue a temporary zoning certificate of compliance for a use of land or building which is related to the development of the property for its permitted use. Such permits may be issued for a six-month period, and no more than one six-month extension may be granted.
§ 275-40 Violation 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 administrative officer of the land use ordinances, who shall properly record such complaint and immediately investigate if he/she determines that such complaint has merit and thereupon refer the same to the appropriate official for investigation.
B.
Procedures for abatement of violations.
(1)
Should any building or structure be erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land be used in violation of this chapter or of any ordinance or regulation made under authority conferred hereby, then the administrative officer of the land use ordinances 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 the terms of this chapter shall be abated immediately or within as reasonable a time as may be determined after written notice has been served either by mail or personal service.
C.
Penalties. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to such penalties as are provided in Chapter 204 of this Code. In addition, the zoning certificate of compliance may be rescinded by the administrative officer of the land use ordinances, the Construction Official, or the Zoning Enforcement Officer upon two days' notice to the owner or occupant of the property.
[Amended 2-10-2009 by Ord. No. 2201]