West New York City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 414-40 Enforcement officer designated.
A.
The Construction Official is hereby given the duty, power and authority to administer and to enforce the provisions of this chapter. He shall examine all applications for permits and shall issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and for all nonconforming uses and buildings existing at the time of passage of this chapter. The Construction Official shall also record and file all applications for permits with accompanying plans and documents and make such reports to the Board of Adjustment and the Planning Board as may be required.
B.
If the Construction Official shall find that any of the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation, and order the action necessary to correct it; or he shall take any other action authorized by this chapter to ensure compliance with or to prevent violation of its provisions.
§ 414-41 Building permits required.
A.
No building or structure in any district shall be erected, enlarged or structurally altered without a building permit, duly issued, upon application, by the Construction Official. No permit shall be issued except in conformity with this chapter unless approved by the Planning Board or the Board of Adjustment.
[Amended 6-19-1996 by Ord. No. 26/96]
B.
All applications for building permits and supporting documentation shall be made in duplicate and accompanied by plans in duplicate, drawn to scale, showing the following:
(1)
An accurate survey, at the scale of the town's Tax Maps, showing shape, dimensions, radii, angles and area of the lot on which the building is proposed to be erected or of the lot on which it is situated if an existing building.
(2)
The block and lot numbers as they appear on the official Town of West New York's Tax Map.
(3)
The exact size and location on the lot of the proposed building or buildings, or alteration of an existing building, and of other existing buildings on the same lot.
(4)
The dimensions of all yards in relation to the subject building and the distance between such building and any other existing buildings on the same lot.
(5)
The existing and intended use of all buildings, existing or proposed, or of land, and the number of dwelling units a residential building is designed to accommodate.
(6)
Such topographic or other information with regard to the building, the lot or neighboring lots, on-site parking and loading as may be necessary to determine that the proposed construction will conform to the provisions of this chapter.
(7)
The locations, widths and grades of driveways serving such automobile parking areas, together with information regarding the proposed surfacing of such parking and loading areas and driveways.
§ 414-42 Special permits required prior to issuance of building permit in certain cases.
No building permit shall be issued for a building to be used for any use in any district where such use is allowed by special permit of the Board of Adjustment unless and until such special permit has been duly issued by said Board.
§ 414-43 Copy of filed documents to be returned to applicant.
On the issuance of a building permit, the Construction Official shall return one copy of all documents filed to the applicant.
§ 414-44 Issuance of building permits; display of permits.
A.
It shall be the duty of the Construction Official to issue a building permit, provided that the proposed use and the plans and application submitted conform to all requirements of this chapter and that all other reviews and actions, if any, required by this chapter have been complied with and all necessary approvals secured therefor.
B.
All building permits shall be issued in duplicate, and one copy shall be kept conspicuously displayed upon the premises affected whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any building operations of any kind unless a building permit covering such operation has been displayed as required by this chapter, nor shall they perform building operations of any kind after notification of the revocation of said building permit.
§ 414-45 Appeal from denial of building permit.
If a building permit is denied, the Construction Official shall promptly cause to be sent to the applicant, addressed to the address of the applicant set forth in the application for the said permit, a notice of his action, which shall specify, in writing, the ground or grounds upon which the same is based. The applicant may, within five days thereafter, notify the Construction Official in writing that he appeals from such determination of the Construction Official to the Board of Adjustment, hereinafter provided for, and it shall thereupon be the duty of the Construction Official to deliver the plans, specifications, application for permit, certificate of use or intended use of such buildings or proposed building and a copy of his notification to the owner or to his agent that such building or use is a nonconforming building or use, or both, together with any other papers or information in his possession to the Board of Adjustment, and the Board of Adjustment shall, within 30 days thereafter and upon five days' notice in writing to the said owner or his agent, review the determination of the Construction Official and either affirm or reverse the determination of the Construction Official.
§ 414-46 Building permits to be issued separately; water and sewer requirements.
Building permits shall be issued separately for each proposed application. Such building permits shall be issued only if water and sanitary sewers adequate to serve the proposed building, as specified in all relevant town codes and ordinances, are available.
§ 414-47 Revocation of building permits.
If it shall appear, at any time, to the Construction Official that the application or accompanying plan is in any respect false or misleading, or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the building permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to the said Construction Official. After the building permit has been revoked, the Construction Official may, in his discretion, before issuing a new building permit, require the applicant to file an indemnity bond in favor of the Town of West New York with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum to cover the cost of removing the structure if it does not so comply.
§ 414-48 Files and records to be kept.
A.
The Construction Official shall maintain files of all applications for building permits and plans submitted therewith and for certificates of occupancy issued by him, which files and records shall be open to public inspection.
B.
The Construction Official shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent to each such complaint, which records shall be public records. He shall report to the Board of Commissioners at intervals of not greater than three months, summarizing for the period since his last previous report all building permits and certificates of occupancy issued by him and all complaints of violations and the action taken by him consequent thereon. He shall also prepare an annual report on such activities.
§ 414-49 Certificates of occupancy.
A.
No land shall be occupied or used and no building hereafter erected, altered or moved shall be occupied or used in whole or in part for any purpose whatsoever, until a certificate of occupancy shall have been issued by the Construction Official stating that the premises or building complies with all the provisions of this chapter. A certificate of occupancy shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies.
B.
Application for a certificate of occupancy on a form furnished by the Construction Official for a new building or for an existing building which has been altered shall be made after the erection or alteration of such building or part thereof has been completed in conformity with the provisions of this chapter and other relevant Town of West New York ordinances. Such certificate shall be issued within five days after receipt of such application, but only provided that all requirements of all applicable codes or ordinances in effect are complied with. Pending the issuance of such a certificate, a temporary certificate of occupancy may be issued by the Construction Official for a period not to exceed 90 days during the completion of any alterations that are required under the provision of any law or ordinance, or for a part of a partially completed building. Such temporary certificate shall not be construed as in any way altering the respective rights, duties or obligations of the owner or the town respective to the use or occupancy of the land or building or any other matter covered by this chapter, and such temporary certificate shall not be issued except under such restrictions and provisions as will adequately assure the safety of the occupants of the building and of the adjacent buildings and land.
C.
Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee of $35. Copies of such certificate will be made available upon payment of $10 per copy.
D.
If the proposed use is in conformity with the provisions of this chapter and of all other applicable laws and ordinances, a certificate of occupancy shall be issued stating so, or rejected in writing, stating specifically wherein the use does not conform, by the Construction Official within 30 days after receipt of a written application therefor. In the case of a change of use of a nonconforming use, such certificate shall be issued within 30 days after action by the Board of Adjustment authorizing same. However, in neither case shall a failure to receive written notice within 30 days be deemed as acceptance.
E.
No certificate of occupancy shall be issued for any use of a building or of land allowed by special permit of the Board of Adjustment, as specified in this chapter, unless and until such special permit has been duly issued by the said Board. Every certificate of occupancy for a use for which a special permit has been issued or for which a variance has been granted shall contain a detailed statement of such special permit or variance and of any conditions to which the same is subject.
F.
The Construction Official shall, after inspection, issue a certificate of occupancy for any building or use thereof or of land, provided that such building or use of land conforms to the provisions of this chapter and all other relevant codes and ordinances of the Town of West New York. Such certificate shall be issued only after the Construction Official determines that the facts represented on the application are correct and that the building, structure or use is in conformity with the provisions of this chapter and after the Construction Official receives written confirmation from the Fire Department and the Health Department that all applicable codes and ordinances administered and enforced by the above-named Departments have been complied with. If the proposed use requires approval by the state's Environmental Protection Agency or other agency, no certificate of occupancy shall be issued until such written approval is received by the Town of West New York.
G.
A record of all certificates of occupancy shall be kept in the office of the Construction Official, and one copy shall be furnished to the Assessor and, on request, to any agency of the Town of West New York or to any persons having a proprietary or tenancy interest in the building or land affected.
H.
Violations and penalties.
(1)
For any and every violation of the provisions of this section, the owner, general agent or contractor of a building or premises where such violations have been committed or shall exist and the owner, general agent or contractor, lessee or tenant of any part of a building or premises in which such violation has been committed or shall exist and the general agent, architect, builder, contractor or any other person who commits, takes part in or assists in such violation shall, for each and every day such violation continues, be subject to a penalty to be set by the Magistrate and in addition shall pay all costs and expenses incurred by the Town of West New York in determining such violation.
(2)
Penalties for such violation shall collected, and violations of this section shall be prosecuted in the manner prescribed by law or ordinance effective in the Town of West New York. Nothing in this section shall be construed as depriving the Town of West New York or the Board of Commissioners of any other available remedy.
§ 414-50 Maintenance of files and records; annual report.
The Construction Official shall maintain files of all applications submitted to him and of all certificates of occupancy issued by him and shall maintain records of all actions taken by him pursuant to all such applications. He shall keep a record of every identifiable complaint of a violation of any of the provisions of this chapter and of the action taken consequent on such complaint. He shall report to the Board of Commissioners annually, summarizing for the period since his last previous report all applications approved by him, all certificates of occupancy issued and all complaints of violation made to him and the action taken thereon.
§ 414-51 Referral to Planning Board from Board of Adjustment.
A.
The Board of Adjustment shall refer to the Planning Board all applications for variances, for addition of similar uses, for conditional uses and any other applications or appeals which, in its opinion, require review by the Planning Board. The Planning Board shall report its findings to the Board of Adjustment within 30 days of receipt of a request for review. Such report shall state all recommended conditions and modifications and the reasons for recommending approval or disapproval.
B.
Whenever the Planning Board shall have made a recommendation regarding a matter authorized by this section to the Board of Adjustment, such recommendation may be rejected only by a majority of the full authorized membership of the Board of Adjustment.
§ 414-52 List of property owners to be notified; fee.
Upon the written request of an applicant who has submitted an application for development, the Town of West New York shall, within seven days, make and certify a list of names and addresses of owners to whom the applicant is required to give notice. A fee of $10 is to be paid for this service.