Sea Bright City Zoning Code

It shall be the duty of the Construction Official or his duly authorized assistants to cause any plan, building or premises to be examined or inspected to determine that they are not in violation of the provisions of this chapter. He shall have the right to enter any building or premises during the daytime in the course of his duties.

Where the Construction Official in the course of his duties determines that any plan, buildings or premises are in violation of the provisions of this chapter, he shall order the responsible party in, writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered and time permitted for such action, the penalties and remedies which may be invoked by the Borough and the violator's rights of appeal all as provided for by this chapter and the laws of the State of New Jersey. The Construction Official shall refuse to grant such applicant a building permit or certificate of occupancy until the above violations have been remedied. Where such violations apply to an existing structure or use, the Construction Official shall cause the certificate of occupancy for the building or premises in question to be held null and void. A new certificate of occupancy shall be required for any further use of such building or premises.

Application file. An individual permit file for each application for any permit provided for by this chapter shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans, notations regarding pertinent dates, fees and the like as appropriate, the date the permit applied for was issued or denied by the Construction Official and copies of any actions or resolutions taken by other municipal officers.

Monthly report. The Construction Official shall prepare a monthly report for the Borough Council. Said report shall cite all actions taken by the Construction Official, including all referrals made by him, all permits and certificates issued and denied and all complaints of violations received and all violations found by him and the action taken by him consequent thereto. A copy of this monthly report shall also be transmitted by the Construction Official to the Tax Assessor and Planning Board at the same time it is transmitted to the Borough Council.

The Code Enforcement Officer shall be appointed pursuant to N.J.S.A. 52:27D-126, shall receive such compensation as the governing body may determine and shall have the power and duty of enforcing the provisions of this section.

No owner shall occupy or let to an occupant or occupants, nor shall any person or persons lease or occupy any vacant apartment, dwelling or lodging unit unless a certificate of occupancy, certifying that the apartment, dwelling or lodging unit is fit for human habitation under the standards set forth in the New Jersey State Housing Code, and that there is compliance with all other ordinances of the Borough, shall first be obtained from the Code Enforcement Officer. The said certificate of occupancy shall apply only to the occupancy for which it is issued.

The Code Enforcement Officer shall cause to be prepared appropriate application forms for such a certificate of occupancy, which forms shall be available to the applicants at the office of the Clerk of the Borough of Sea Bright.

The Code Enforcement Officer shall also cause to be prepared appropriate forms of such certificate of occupancy.

A charge as set forth in Article XIII, Fees, of this chapter to cover the cost of inspection and application in connection with such application shall be paid to the Borough Clerk at the time the application is filed and shall not be refundable; provided, however, that no fee shall be charged for inspections made within a three-month period of a previous application with fee as to any particular apartment, dwelling or lodging unit.

Apartment, dwelling and lodging units.

If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Borough of Sea Bright may institute and maintain a civil action:

In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title-closing expense, if any. Any such action must be brought within two years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within six years, if unrecorded.

The prospective purchaser, prospective mortgagee or any other person interested in any land which forms part of a subdivision, or which formed part of such a subdivision three years preceding August 1, 1976, may apply, in writing, to the Construction Official for the issuance of a certificate certifying whether or not such subdivision has been approved by the Planning Board. Such application shall contain a diagram showing the location and dimension of the land to be covered by the certificate and the name of the owner thereof.

The Construction Official shall make and issue such certificate within 15 days after the receipt of such written application and the fees therefor. Said officer shall keep a duplicate copy of each certificate, consecutively numbered, including a statement of the fee charged, in a binder as a permanent record of his office.

Each such certificate shall be designated a certificate as to approval of subdivision of land and shall certify:

The Construction Official shall be entitled to demand and receive for such certificate issued by him the fees set forth in Article XIII, Fees, of this chapter. The fees so collected by such official shall be paid by him to the municipality.

Any person who shall acquire, for a valuable consideration, an interest in the lands covered by any such certificate of approval of a subdivision in reliance upon the information therein contained shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to the provision of N.J.S.A. 40:55D-55.

If the Construction Official fails to issue such certificate within 15 days after receipt of an application and the fees therefor, any person acquiring an interest in the lands described in such application shall hold such interest free of any right, remedy or action which could be prosecuted or maintained by the municipality pursuant to same.

Any such application addressed to the Clerk of the municipality shall be deemed to be addressed to the Construction Official and the municipality shall be bound thereby to the same extent as though the same was addressed to the Construction Official.