Rockaway Township City Zoning Code
§ 54-37.1
Enforcement.
[Ord. No. 95-24 § 54-140; Ord. No. 07-28 § 1]
A.
The Township of Rockaway shall enforce this chapter and may require directly or delegate the authority to require the issuance of specific permits, certificates or authorizations as a prerequisite to:
(1)
The erection, construction, alteration, repair, remodeling, conversion, removal or destruction of any building or structure.
(2)
The use or occupancy of any building, structure or land.
(3)
The subdivision or resubdivision of any land.
B.
Duties of Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to enforce Section 54-30 and pursuant to that duty to investigate any violation or alleged violation of this article 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 Section 54-30, it shall be the duty of the Zoning Officer to proceed with the enforcement of this section 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.
(2)
In the enforcement of Section 54-30, the Zoning Officer may apply to the Judge of the Municipal Court for a warrant to search and inspect the properties and premises upon which he has reason to believe any violation of this section has taken or is taking place, and upon probable cause shown, the Judge of the Municipal Court may issue such a warrant 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.
Fines over $1,250. Pursuant to N.J.S.A. 40:49-5, in those cases where the Township imposes a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the Township shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than $1,250 may be imposed if a court has not determined otherwise, or upon reinspection of the property, it is determined that the abatement has not been substantially completed.
