This chapter shall be enforced by the above officer, who is empowered to cause any building, structure, place or premises to be inspected and examined and to order the abatement or correction of any condition or threat found to exist therein in violation of any provisions of these regulations. The owner or agent of a building or premises where a violation of any provision of this chapter shall have been committed or shall exist or the lessee or tenant of any part of the building or premises in which such a violation shall have been committed or shall exist or the agent, architect, building contractor or any other person who shall commit, take part in or assist in any such violation or shall maintain any building or premises in which any violation of this chapter shall exist shall be guilty of a violation of this chapter. Upon discovery of any violation, the Compliance Officer of the Bureau of Code Enforcement is empowered to issue a summons concerning such.

The Official shall order discontinuance of illegal use of land, buildings, or structure; removal of illegal buildings or structures or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions, pursuant to applicable enabling statues.

The Official shall have the right to enter any building or premises during the daytime in the course of his duties and shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering in writing the remedying of any conditions found to exist in violation of any provision of this chapter, or in the alternative, order prosecution of any violation as provided for by this chapter. The stated violation shall then be corrected by action of the violating party, and a second inspection and approval shall be accomplished within 30 days.

Records. It shall be the duty of the Official to keep a record of all applications for zoning permits, a record of all permits issued, and a record of all building permits and certificates of occupancy, together with a notation of all special conditions involved and record all of complaints and actions taken. He shall file and safely keep copies of all plans submitted, and the same shall form a part of the records of his office and shall be available for the use of the governing body and of other officials of the Borough. The Official shall prepare a monthly report for the governing body summarizing for the period since his last previous report all zoning permits and certificates issued by him. A copy of each such report shall be filed with the Tax Assessor at the time it is filed with the governing body.

In no case shall a permit be granted for construction, alteration or use thereof that would be in violation of any provision in this chapter.

All zoning requirements shall be met at the time of any erection, enlargement, moving or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.

All developments resulting from subdivisions and site plan approvals shall comply with all design and performance standards, including conditions imposed by the approving authority, as shown on the approved plat and/or included in the resolution adopted by the approving Board.

Construction and use is to be as provided in applications, plans, permits and certificates of zoning compliance. Building permits or certificates of zoning compliance issued on the basis of plans and applications approved by the Official authorize only the use, arrangement and construction set forth in such approval plans and applications and no other use, arrangement or construction. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this chapter.

When an applicant fails to comply or deviates significantly from any approved plans filed with the approving board, the Official shall have jurisdiction to review the aforementioned deviation. If the Official is of the determination that the deviation is minor and insignificant and provided the deviation does not change the intent of the approved use, plans and resolution, the Construction Official may approve the deviation. If the Official is of the determination that the deviation will result in a substantial change to the approved use, plans and resolution, the applicant shall be required to submit plans showing all proposed revisions to the original approving board. The Official shall make and file a report with the approving board noting all deviations and reasons for the Official's decision.

For any development application, it shall be unlawful to use or occupy or permit the use or occupancy of any building or premises, or both, or part thereof, hereafter created, erected, changed, converted or wholly or partly altered or enlarged in its use or structure, until a certificate of zoning compliance shall have been issued therefor by the Zoning Officer/Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.

The certificate of zoning compliance shall be issued by the Official, stating that the proposed use of the building or land conforms to the requirements of this chapter and adequate planning standards.

No certificates of zoning compliance shall be issued by the Zoning Officer/Official unless the application for the said certificate is in conformity with all the provisions of this chapter or has been duly exempted by variance.

A zoning permit shall be issued by the Zoning Officer/Official before the issuance of either of a certificate of occupancy to a new occupant of an existing building or portion of an existing building or a building permit.

Failure to obtain a certificate of zoning compliance shall be a violation of this chapter.

No permit for erection, construction, alteration, extension, enlargement, movement, remodeling, conversion, destruction or repair of any building shall be issued unless in accordance with the provisions of this chapter. No construction permits shall be issued until all required approvals from all agencies with jurisdiction have been secured and submitted to the Borough.

Expiration of building permit.

It shall be unlawful to use or permit the use of any building or part thereof hereafter created, changed, converted, altered or enlarged wholly or in part, until a certificate of occupancy shall have been issued by the Official.

No certificate shall be issued unless: the land, building and use thereof comply with the provisions of this chapter; all matters incorporated on the approved subdivision or site plan have been completed and certified by the Borough Engineer; and the Building and Health Codes are complied with.

In cases involving the new use of an existing structure, no certificate of occupancy for the new tenant be issued until a zoning permit has been issued.

On the serving of notice by the Official to the owner of any violation of any of the provisions or requirements with respect to any building or use thereof or of land, as specified in this chapter, the certificate of occupancy for such use shall be deemed to be in violation of this chapter and subject to the penalties hereinafter prescribed. A new certificate shall be required for any further use of such building or land.

Each nonresidential change of use shall secure a mercantile license pursuant to other applicable codes of the Borough.

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 of any other ordinance or regulation made under authority conferred hereby, the proper local authorities of the Borough or an interested party, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent any illegal act, conduct, business or use in or about such premises.

Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.

Any person who violates this chapter or fails to comply with any of its requirements shall, upon conviction thereof, be fined no less than $1,000 nor more than $2,500 or be imprisoned for a period of not exceeding 30 days, or both, for each and every violation, and in addition shall pay all costs and expenses involved in the case.

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 conditional on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to 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 as per N.J.S.A. 40:55D-55.

Any site clearance, site preparation or site construction commenced prior to receipt of all required Planning Board or Zoning Board of Adjustment approvals and/or prior to the issuance of a certificate of resolution compliance from the approving board secretary shall be subject to a penalty not to exceed $1,000, for each and every violation, and in additional shall pay all costs and expenses of the Borough involved in the case. Each and every day in which a violation of this provision exists shall constitute a separate violation.

In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-38. 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; within six years, if unrecorded.