Pompton Lakes City Zoning Code
ARTICLE IX
Enforcement, Violations and Penalties
§ 190-47 Enforcement.
A.
The Zoning Officer shall enforce this chapter and may require directly or delegate the authority to require the issuance of specified permits, certificates or authorizations as a prerequisite to:
B.
Nothing contained herein shall prevent the Construction Official appointed pursuant to the provisions of the State Uniform Construction Code Act (P.L. 1975, c. 217, N.J.S.A. 52:27D-119) to hold the office of Zoning Officer upon appointment for the same by the Borough Council.
§ 190-48 Duties of Zoning Officer.
A.
It shall be the duty of the Zoning Officer to enforce this chapter and pursuant to that duty to investigate any violation or alleged violation of this chapter coming to his attention, whether by complaint of third persons or from his own personal knowledge or observation. When any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or 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 and the penalties provided for hereunder. He may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him.
B.
In enforcement of this chapter, the Zoning Officer may apply to the Magistrate of the Borough of Pompton Lakes 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 Magistrate may issue such a warrant or warrants, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
C.
The Zoning Officer shall file a monthly report of his activities, including the complaints and cases processed by him and disposition thereof.
§ 190-49 Violations and penalties.
For any and every violation of the provisions of this chapter, the owner, contractor or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has not been corrected within the time specified by the notice of violation after written notice of said violation has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall, for each and every violation, be subject to a fine not to exceed $1,000 or 90 days' imprisonment, or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation shall continue after such abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense. If, after diligent effort, service of a notice of violation cannot be made by mail or in person, posting of a copy of such notice at a conspicuous part of the premises in violation shall be construed as legal service.
§ 190-50 Additional remedies.
[Added 8-13-1997 by Ord. No. 97-08]
In case any building or structure is erected, constructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or any other ordinance or regulation made under the authority granted by the statutes of the State of New Jersey, the Zoning Officer of the Borough may issue a stop construction order, and he and/or any other official of the Borough having jurisdiction or any interested party may also institute any appropriate action or proceeding in law or in equity 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.
§ 190-51 Concurrent remedies.
[Added 8-13-1997 by Ord. No. 97-08]
No right or remedy conferred upon or reserved to the Borough or its officials is exclusive of any other right or remedy in this chapter or by law or in equity provided or permitted, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by status or otherwise and may be enforced concurrently therewith or from time to time.