Wallington City Zoning Code
ARTICLE XI
Administration and Enforcement; Penalties
§ 365-92 Construction Official.
It shall be the duty of the Construction Official or the Assistant Construction Official of the Borough to administer and enforce this chapter, except as provided in § 365-35. In no case shall a permit be granted for the construction or alteration of any building where the proposed construction, alteration or use would be in violation of any provision of this chapter.
§ 365-93 Certificates of occupancy.
A.
Requirements; fee.
[Amended 7-21-1994 by Ord. No. 94-21]
(1)
It shall be unlawful for an owner to use or permit the use of any premises, building or part thereof hereafter erected, altered, converted or enlarged, wholly or in part, until a certificate of occupancy, applied for at the time of application for a building permit, shall have been issued by the Construction Official. The certificate shall show that the premises, building or part of the building and the proposed use thereof conform to the requirements of this chapter. It shall be the duty of the Construction Official to issue a certificate of occupancy only when he is satisfied that the premises, building or part of a building and the proposed use thereof conform to the provisions of this chapter and all applicable codes and ordinances of the Borough. Such occupancy permits shall be granted or denied in writing within 10 days from the date that a written application is filed with the Construction Official. A certificate of occupancy shall also be required prior to reoccupancy of a vacated existing building. A certificate of occupancy is also required prior to the use of a previously vacant lot or for a premises for which the use is being changed.
(2)
(Reserved)[1]
[1]
Editor's Note: Former Subsection A(2), regarding certificates of zoning compliance, was repealed 5-13-2021 by Ord. No. 2021-010.
(3)
The fee for a zoning compliance inspection shall be:[2]
[Amended 5-13-2021 by Ord. No. 2021-010]
(a)
Residential: $75.
(b)
New commercial buildings: $100.
(c)
New mixed use/residential commercial building: $100.
[2]
Editor's Note: Former Subsection B, dealing with declining to issue certificates of occupancy, which immediately followed this subsection, was superseded 7-21-1994 by Ord. No. 94-21. See Subsection A(2) above.
B.
Within one year of the adoption of this chapter and upon written request from an owner or tenant, the Construction Official shall issue a certificate of occupancy for any building or use of land legally existing on the date of adoption of this chapter, certifying, after inspection, the extent and kind of use made of the building and whether such use conforms to the provisions of this chapter.
C.
The provisions contained in this section are in no way intended to conflict with the obligations of the Construction Official as same are more particularly set forth in the Uniform Construction Code and the rules and regulations promulgated thereunder.[3]
[3]
Editor's Note: See also Ch. 185, Construction Codes, Uniform.
§ 365-94 Violations and penalties. [1]
Any person who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of the provisions of this chapter or any order, decision or determination by the Board of Adjustment, the Planning Board, the Construction Official or the governing body, and who refuses to abate the violation within five days after written notice has been served either by registered mail or by personal service, shall, for each and every violation, be punishable as provided in Chapter 1, Article II, General Penalty, of the Code of the Borough of Wallington unless otherwise provided for by New Jersey Statute. Each and every successive day that such violation continues after such notice shall be considered a separate and specific violation of this chapter without the service of additional notice.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 365-95 Actions instituted by Borough Attorney.
In case any building or structure is or is intended to be erected, constructed, reconstructed, altered or converted or any building or structure is or is intended to be used in violation of or contrary to the provisions of this chapter, the Borough Attorney shall, after authorization from the Borough Council and in addition to other remedies set forth in the statutes or other laws of the State of New Jersey and in this chapter, institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use.
§ 365-96 Limitation on variances.
Any variance approval where improvements are to be made or buildings constructed is valid from one year of the date of approval and are thus void if no building permit is issued within one year of the approval.
§ 365-97 Tax Map fee.
[Added 3-23-2006 by Ord. No. 2006-02]
Upon the approval of any minor or major subdivision, the applicant shall pay to the Borough of Wallington a fee of $100 per lot for the purpose of updating and amending the Borough Tax Map to reflect any necessary changes occasioned by the subdivision. Said fee shall be collected by the Borough Planning Board Secretary upon presentation and for filing of an approved form plat or subdivision deed.
