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Trenton City Zoning Code

ARTICLE 17

Enforcement

§ 315-17.1 COMPLIANCE REQUIRED.

No structure or land shall be used in violation of this Ordinance and/or any approved site plan.

§ 315-17.2 DUTIES OF ZONING OFFICER.

A. 
It is the duty of the Zoning Officer to administer and enforce the provisions of this Ordinance. The Zoning Officer will inspect the structures and land in the City and order the owner, in writing, to remedy any condition found to exist in violation of any provision of this Ordinance and/or any site plan approved by the Planning Board or the Zoning Board of Adjustment, as applicable, including any conditions of approval written in the approval resolution.
B. 
The Zoning Officer is hereby authorized to investigate any violation or alleged violation of the provisions of this Ordinance, whether by complaint of third persons or from their 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 Ordinance, it is the duty of the Zoning Officer to proceed with the enforcement of said provision and the penalties provided for hereunder. Such enforcement may include the issuance of summons requiring an appearance in Municipal Court. The Zoning Officer may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be available.
C. 
In the enforcement of the provisions of this Ordinance, the Zoning Officer may apply to the Municipal Court for a warrant to search and inspect the properties and premises upon which he/she has reason to believe any violation has taken or is taking place, and upon probable cause shown, the Municipal Court Judge may issue such a warrant, and the information obtained pursuant thereto is admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this Ordinance.

§ 315-17.3 NOTIFICATION OF VIOLATION.

The Zoning Officer must notify the owner of any structure or land found to exist in violation of any provision of this Ordinance and/or any approved site plan of such violation(s), in writing by certified mail. Such notice must specify that the owner will have 15 days to respond to the Zoning Officer as to such violation(s) and the remedies to be taken. A copy of the notice and response must be immediately filed in the Office of Inspections.

§ 315-17.4 HAZARDOUS CONDITIONS RESPONSE.

If the violation creates hazardous conditions, the Zoning Officer may require a response or correction within 24 hours to 48 hours.

§ 315-17.5 CERTIFICATE OF OCCUPANCY REVOCATION.

Upon notice being served of any condition found to exist in violation of any provision of this Ordinance and/or any approved site plan with respect to any land use, the certificate of occupancy for such use thereupon, without further notice, is deemed null and void, and a new certificate of occupancy is required for any further use of such structure or land.

§ 315-17.6 REPORT TO CITY ATTORNEY; FILING OF SUMMONS.

A. 
Within 15 days following the mailing of the notice to the owner, the owner must respond to the Zoning Officer as to the violation(s) and the remedies to be taken. A lack of response from the owner will result in an automatic filing of a summons in Municipal Court.
B. 
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 Ordinance, the proper local authorities or an interested party may institute any appropriate 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 the occupancy of said building, structure, or land or to prevent any illegal act, conduct, business, or use in or about such premises.
C. 
Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as applicable, is deemed a separate and distinct violation.

§ 315-17.7 PENALTIES.

A. 
The following rules apply in determining responsibility for violations and penalties:
1. 
The owner, general agent, contractor or occupant, or any combination thereof, of a building, premises, or part thereof, where such a violation has been committed or exists is guilty of such an offense.
2. 
Any agent, contractor, architect, engineer, builder, corporation, or other person who commits, takes part or assists in such violation is guilty of such offense.
B. 
The imposition of penalties herein do not preclude the City, or any other person, from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use, or to restrain, correct, or abate a violation or to prevent the illegal occupancy of a building, land, or premises.