Creation of office; appointments. In order to administer and enforce the provisions of this chapter, the office of the Zoning Officer of the Borough of Hopatcong is hereby created. The Zoning Officer shall be appointed by the Administrator with the consent of the Mayor and Council.

Duties. It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to:

Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Borough of Hopatcong, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of this chapter and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to or any land is used in violation of any provision of this chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter in the manner herein provided and as otherwise provided by law; and he is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof now existing or heretofore or hereafter provided which may be available to him.

Enforcement procedure. Whenever the Zoning Officer shall ascertain that any of the provisions of this chapter are being violated, he shall:

Search warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough of Hopatcong for a warrant or warrants to search and inspect the properties and premises upon which he has reason to believe any violation of this chapter has taken or is taking place, and, upon probable cause shown, the Judge may issue such warrant or warrants in the manner authorized by law. The information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.

Administrative duties. In addition to the duty of enforcement of this chapter and prosecuting the violations thereof, the Zoning Officer shall:

Upon receiving a complaint or determining that there is a violation of this chapter, the Zoning Officer shall issue a notice to correct or abate the violation. The notice shall allow at least seven days to abate or correct the violation unless it is a matter of public health or safety. Where there is a likelihood of a danger to people or property, the Zoning Officer may shorten the time to abate or correct. Where the complaint relates to a campaign sign for Mayor or Borough Council, the administrator shall immediately be authorized to retain a Zoning Officer from another town for enforcement proceedings.

Any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse a reasonable opportunity to inspect any premises, shall be liable to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed to be a separate and distinct violation.

In addition to the fines and penalties set forth herein, any person who shall violate any of the provisions of this chapter shall reimburse the Borough of Hopatcong for all costs incurred in correcting or terminating any adverse effects upon the environment as a result of the violation. Any person shall further reimburse the Borough of Hopatcong for all costs of investigation, inspection and prosecution involved in the correction of any violation of this chapter, including reasonable costs for litigation and attorneys' fees. All costs awarded to the Borough of Hopatcong pursuant to this section constitute an assessment and a lien against the subject property and shall accrue interest as provided by law.

Zoning permits. Zoning permits shall hereafter be secured from the Zoning Officer's office prior to the application for a building permit for the construction, erection or alteration of any structure or sign or part of a structure or upon a change in the use of a structure or land. Each application shall be accompanied by the required fee.

Certificate of occupancy. No land shall be used and no new structure shall be occupied or used, in whole or in part, for any use nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Zoning Officer stating that the structure and the occupancy and use of the land or the structure, if any, conform to the provisions of this chapter of the Code of the Borough of Hopatcong. In addition, a certificate of occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof.