A.

Zoning Officer. It shall be the duty of the Zoning Officer and his or her staff to administer and enforce this chapter. No structure shall be erected without a building permit and no structure or lot shall use or have its use changed so as to be in violation of this chapter, In no case shall a building permit be issued for the construction or alteration of any structure nor shall a certificate of occupancy be issued for a new occupant with a new use, or new use by the present occupant, until the proposed construction or alteration or use conforms to the provisions of this chapter. It shall be the duty of the Zoning Officer to cause any structures, plans or premises to be inspected or examined and order the owner in writing that any condition be remedied which is found to exist in violation of any provisions of this chapter. It shall be the duty of the Zoning Officer to keep a record of all applications and all permits which are either issued or denied, with notations of any conditions involved, which data shall form a part of the City public records.

B.

Building Permits. Applications for building permits shall be submitted in a form required by the Building Code of Jersey City and with sufficient data to confirm conformance with all applicable portions of this chapter. Building permit applications shall also be accompanied by an approved site plan as required by this chapter prior to the granting of a building permit.

C.

Certificate of Occupancy.

1.

It shall be unlawful to use or permit the use of any structure or part thereof, hereafter erected, enlarged, moved or changed to another use, wholly or in part, or occupied by a new use until a certificate of occupancy shall have been issued by the Construction Code Official. No certificate of occupancy shall be issued for any new building or part thereof until all streets, drainage, parking, loading, water, sewer and other items shown on a site plan or subdivision are properly completed and functioning. Such certificate shall show that such structure or part of a structure and the proposed use thereof conform to the requirements of this chapter and all approvals granted pursuant thereto, the Uniform Construction Code, all other applicable City ordinances, regulations and directives and all applicable county, state and federal laws and regulations. It shall be the duty of the Construction Code Official to fully issue a certificate of occupancy only when he or she has received written confirmation from the Zoning Officer that the structure or part of a structure and the proposed use thereof conform to this chapter; and when he or she is satisfied that the structure conforms to all other applicable codes and ordinances of the city.

2.

Should the zoning officer decline to approve a structure based on the provisions of this chapter, his or her reasons for doing so shall be so stated on two copies of this application and one copy returned to the applicant.

3.

Revocation. On the serving of notice of any violation of any of the provisions or requirements of this chapter with respect to any structure or use thereof, or of land, as provided below, the certificate of occupancy for such use shall thereupon, without further action, be null and void, and a new certificate of occupancy shall be required for any further use of such structure or land.

D.

Historic Preservation. All permit applications affecting historic districts, landmarks, buildings, structures, objects, sites or landscape features shall promptly be referred to the Zoning Officer and Historic Preservation Officer for review and appropriate action prior to permit issuance.

E.

Certificates of Non-Conformity. The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the board of adjustment.

F.

Plan Review and Determination. The real or prospective owner and/or developer of any land may apply in writing for the issuance of a plan review and determination certifying that submitted plans comply with the provisions of this chapter, redevelopment plan or deviation/variance therefrom duty authorized.

[Added 11-10-2015 by Ord. No. 15-147]

G.

Zoning Determination. The real or prospective owner and/or developer of any land may apply in writing for the issuance of a zoning determination letter signed by the zoning officer, which acknowledges that such use, structure or building complies with the provisions of this chapter, redevelopment plan or deviation/variance therefrom duly authorized.

[Added 11-10-2015 by Ord. No. 15-147]

H.

Pre-existing Curbcut Determination. The real owner, prospective purchaser, prospective mortgagee, or any other person interested in any land may apply in writing for the issuance of a pre-existing curbcut determination certifying that a curbcut exists legally before the adoption of the ordinance which rendered the curbcut nonconforming or a deviation/variance therefrom was duly authorized. The applicant shall have the burden of proof.

[Added 11-10-2015 by Ord. No. 15-147]

I.

Fees. The Zoning Officer and Division of Zoning Enforcement may establish fees to cover administrative costs for the issuance of permits, determinations, certificates and authorizations.

[Added 11-10-2015 by Ord. No. 15-147]

J.

The Department of Public Safety may supplement enforcement of only those sections of this chapter that are concurrently within the jurisdiction of the Municipal Court.

[Added 9-23-2020 by Ord. No. 20-074]

A.

Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this chapter or any order, decision or determination by the Board of Adjustment and who refuses to abate said violation within fourteen (14) twenty-one (21) days after written notice has been served upon them by registered mail or by personal service shall, for each and every violation, be punishable as provided in Chapter 1, General Provisions. Each and every day that such violation continues after such notice shall be considered a separate and specific violation of this chapter without the service of an additional notice. If any person shall undertake any activity vis-à-vis an individual landmark or landmark building, structure, object, site, or landmark feature within a historic district, without first having obtained a certificate of appropriateness or a certificate of no effect, such person shall be deemed in violation of this Article. Fines not paid within the time period set by law shall convert to a tax lien placed against the property and shall be recorded with the Jersey City Property Tax Office and the Hudson County Register of Deeds and Mortgages.

[Amended 4-25-2007 by Ord. No. 07-063]

B.

In case any building or structure is erected, constructed, reconstructed, altered, moved, repaired, converted, maintained or used or any land is used in violation of or contrary to the provisions of this chapter or any order, decision or determination by the Board of Adjustment, the city may institute any appropriate action or proceeding in City, county or state court 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 in or about such premises.

C.

Any citizen of the city may notify the Construction Official in writing of conditions in violation of this chapter. An appeal may be made to the governing body in writing and thereafter to the courts.