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Stratford City Zoning Code

CHAPTER 17

80 - ADMINISTRATION AND ENFORCEMENT

Sections:


17.80.010 - Enforcement.

The provisions of this chapter shall be administered and enforced by the administrative officer, the construction code official, and/or the site plan enforcement officer of the borough.

(Prior code § 105-96; Ord. No. 2004:12, § 06, 5-11-2004)

17.80.020 - Duties of administrative officer.

It shall be the duty of the administrative officer to ascertain whether the application for the proposed building, alteration or condition complies with the provisions of this chapter.

(Prior code § 105-97)

17.80.030 - Duties of construction code official.

It shall be the duty of the construction code official to issue such permits only for the construction, alteration, additions or uses which are in accordance with the provisions and requirements of this chapter; to keep a record of all applications for permits and a record of all permits issued, with a notation of all special conditions involved; to file and safely keep copies of all plans submitted; to prepare a monthly report for the mayor and members of the borough council summarizing for the period since his or her last previous report all building permits and certificates issued by him or her and all complaints of violations and the action taken by him or her consequently thereon; and to inspect and examine any building or structure and to order in writing the remedying of any condition found to exist in violation of any provisions or requirements of this chapter.

(Prior code § 105-98)

17.80.040 - Right of entry.

The construction code official has the right to enter any building or premises during the daytime in the course of his or her duties.

(Prior code § 105-99)

17.80.050 - Permits.

A permit shall be required prior to the erection, conversion or structural alteration of any building, structure or portion thereof and prior to the use or change in use of any building or land. Applications for a permit shall be made in writing on the form supplied by the borough, and the same shall be filled out by the owner or his or her duly authorized agent. Said form shall then be filed with the construction code official together with a plot plan drawn to scale and showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and the location of the building or buildings in its or their exact relation to the lot and street line. Where the average front yard depth of the existing buildings does not comply with the district regulation, then the existing building in the same block front with two hundred (200) feet on either side of the side lot lines of the premises of the applicant shall be shown. The application mentioned above shall be in such form as the governing body shall prescribe and shall contain the name and address of the owner of the land, the exact nature of the work to be done, the name of the contractor or builder, the cost of the work and such other pertinent information as the governing body shall by resolution from time to time designate. Said application shall then be approved and endorsed by the construction code official, the plumbing inspector, the electrical inspector, the building inspector, the fire marshal and the heating inspector prior to the issuance of a permit. A permit shall be granted or refused within thirty (30) days after the written application has been filed with the administrative officer, except those applications referred to the planning board.

(Prior code § 105-100)

17.80.060 - Certificates of occupancy.

A.

No building or structure hereinafter erected, constructed or structurally altered shall be permitted by the person, firm or corporation who erected, constructed or structurally altered the same to be used or changed in any use until a certificate of occupancy shall have been issued by the construction code official stating that the building or the proposed use thereof complies with the provisions of this chapter and any other ordinances or statutes of the State of New Jersey. Prior to the issuance of such a certificate the building must also be inspected and approved by the plumbing inspector, the heating inspector, the building inspector, the electrical inspector and the fire marshal.

B.

A certificate of occupancy, if required, shall be applied for coincident with the application for a building permit and shall be issued within ten (10) days after the erection or structural alteration of such building shall have been completed in conformity with the provisions of this chapter. In case the construction code official shall decline to issue a certificate of occupancy, his or her reason for doing so shall be stated on one (1) copy of the application and that copy shall be returned to the applicant. A record of all certificates shall be kept on file by the construction code official, and copies shall also be furnished to the owner or builder, the borough assessor, borough tax collector and borough clerk.

C.

The construction code official shall require the following fees for certificates of occupancy:

1.

Ten dollars ($10.00) for each single-family home.

2.

Ten dollars ($10.00) for each apartment unit.

3.

Ten (10) percent of the new construction permit fee for each commercial or industrial building, provided that the minimum fee shall be twenty-five dollars ($25.00).

4.

One dollar ($1.00) for each copy thereof on the application for the certificate of occupancy.

(Prior code § 105-101)

17.80.070 - Temporary uses—Permit.

A.

It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activity for a limited period of time, which uses may be prohibited by other provisions of this chapter. Such uses are of such a nature and are so located that at the time of petition they will:

1.

In no way exert a detrimental effect upon the use of land and activities normally permitted in the zone.

2.

Contribute materially to the welfare of the borough, particularly in a state of emergency under conditions peculiar to the time and place involved.

B.

The mayor and members of borough council may, by resolution after written application, issue a permit for a period not to exceed three (3) months. Such period may be extended not more than once for an additional period of three (3) months.

(Prior code § 105-102)

17.80.080 - Failure to secure variance, special exception or permit.

Failure to secure a special exception or variance prior to the erection, construction, extension or addition to a building or failure to secure an occupancy permit shall be a violation of this chapter.

(Prior code § 105-103)

17.80.090 - Notice of violation.

When written notice of a violation has been served by the construction code official, the administrative officer or the site plan enforcement officer upon the owner, lessee, agent, architect, contractor or builder, such violation shall be discontinued and corrected immediately.

(Prior code § 105-104; Ord. No. 2004:12, § 07, 5-11-2004)

17.80.100 - Violations and penalties.

Any person or persons, firm or corporation who shall violate a provision of this chapter or shall fail to comply with any of the requirements thereof or who shall erect, construct, alter or repair a building or structure in violation of an approved plan or directive of the construction code official, the administrative officer, or the site plan enforcement officer, or of a permit or certificate issued under the provisions of this chapter, shall be punished by a fine of not more than two hundred dollars ($200.00) or by imprisonment in the county jail for a term not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.

(Prior code § 105-105; Ord. No. 2004:12, § 08, 5-11-2004)

17.80.110 - Additional remedies.

If any building or structure is erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter or any regulation made pursuant hereto, the mayor and borough council, the construction official, the administrative officer, or the site plan enforcement officer in addition to any other remedies, may institute any appropriate action or proceedings in law or equity to prevent such unlawful erection, construction, 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 said premises.

(Prior code § 105-106; Ord. No. 2004:12, § 09, 5-11-2004)