Oceanport City Zoning Code
ARTICLE XIV
Administration and Enforcement; Amendment
§ 390-85 Administration and enforcement.
A.
It shall be the duty of the Construction Official and Zoning Officer of the Borough to administer and enforce the provisions of this chapter. No new structure shall be erected unless a building permit is obtained from the Construction Official, and no structure or lot shall be used in violation of this chapter.
(1)
It shall be the duty of the Zoning Officer to inspect the structures and land in the Borough and order the owner, in writing, to remedy any condition found to exist in violation of the provision(s) of this chapter or any condition in violation of any application for development as duly approved by the Borough under the terms of this chapter. For purposes of this inspection, the Zoning Officer shall have the right to enter any building or premises during reasonable hours, subject to due process of law. The owner shall have a maximum 15 days, or as otherwise specified by the Zoning Officer, within which time to respond to the purported violations and indicate the remedies to be taken. Such response, or lack of response, shall be immediately communicated in writing by the Zoning Officer to the Borough Attorney for appropriate referral and action.
(2)
Upon notice being served of any land use existing in violation of any provision(s) of this chapter, the certificate of occupancy for such use shall thereupon, without further notice, be null and void, and a new certificate of occupancy shall be required for any further use of the structure or land.
B.
Issuance of construction permits shall be in accordance with Chapter 170, Construction Codes, Uniform.
C.
Issuance of certificates of occupancy shall be in accordance with Chapter 170, Construction Codes, Uniform.
D.
Payment of taxes. No approval, permit or certificate for any of the following shall be given to an application or to an applicant if any taxes or assessments for local improvements are due or delinquent on the property for which the application is made: preliminary and final site plan, preliminary and final subdivision;, minor subdivision, minor site plan, bulk variance, use variance, conditional use, zoning permit, or subdivision approval certificate. An application for approval or issuance of any of the above items shall not be deemed complete and shall not be considered by the applicable municipal agency unless the applicant submits with the application a certification signed by an authorized representative of the Oceanport Borough Tax Collector's office stating that no taxes or assessments as described above are due or delinquent on the subject property.
§ 390-86 Violations and penalties.
A.
Each and every violation of this chapter shall be subject to punishment by a court of appropriate jurisdiction. Said violation may include a fine of not more than $1,000 and/or imprisonment for a term not to exceed 90 days and/or community service of 90 days, or a combination of any of the above.
B.
The violation shall be deemed enforceable against the owner, contractor and/or any other person interested as lessee, tenant, or otherwise.
C.
Each day that a violation continues to exist shall be deemed to be a separate violation.
D.
Nothing contained in this chapter shall be deemed to limit the right of any interested person to initiate the prosecution of any person or persons believed to be in violation of this chapter.
§ 390-87 Amendments.
This chapter may be amended from time to time by the Borough Council, after the appropriate referrals, notices, hearings, and other requirements of law.
§ 390-88 Procedure for amendments.
A.
Prior to the hearing on adoption of a zoning ordinance or any amendments thereto, Borough Council shall refer any such proposed ordinance or amendment thereto to the Planning Board pursuant to the following requirements:
(1)
The Planning Board shall issue a report within 35 days of referral by the Borough Council which identifies any portion of the proposed development regulation, revision or amendment which is inconsistent with the Master Plan and any recommendations concerning these inconsistencies.
(2)
The Planning Board may include in its report any other matter which it deems appropriate.
(3)
Failure of the Planning Board to render a report within the prescribed time period shall relieve the Borough Council of its responsibility to wait for that report before acting on the proposed development regulation, revision, or amendment.
B.
After receipt of the Planning Board report, or after the expiration of the time allocated for delivery of that report, the Borough Council shall conduct a public hearing on the merits of the proposed development regulation, revision, or amendment.
C.
The Borough Council shall evaluate the proposed amendment for its consistency with the Master Plan.
D.
The Borough Council may enact an amendment which is in whole or part inconsistent with the Master Plan and which is not designed to effectuate the Land Use Plan or Housing Plan Elements but only by an affirmative vote of a majority of its full authorized membership. In that instance, the reasons for the action of the Borough Council shall be set forth in a resolution and recorded in the minutes of the Borough Council.
E.
A protest against any proposed amendment or revision of a zoning ordinance may be filed with the Borough Clerk, signed by the owners of 20% or more of the area either: a) of the lots or land included in such proposed change, or b) of the lots or land within 200 feet in all directions therefrom, inclusive of street space, whether within or without the Borough. In the event such a protest is filed, the amendment or revision shall require the affirmative vote of 2/3 of all members of Borough Council.
F.
No zoning amendment shall be submitted to or adopted by initiative or referendum.
§ 390-89 Severability and repealer.
Should any section or provision of this chapter be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity as a whole or of any other part thereof.