White Township City Zoning Code
ARTICLE XXIX
Enforcement; Violations and Penalties; Prior Offenses
§ 160-197 Enforcement.
The Township Committee shall enforce this chapter and may require directly or delegate the authority to require the issuance of specified permits, certificates or authorizations as a prerequisite to:
§ 160-198 Zoning Officer.
A.
The office of Zoning Officer of the Township of White is hereby created. Appointment to the office of Zoning Officer shall be made by the Mayor, with the advice and consent of the Township Committee. The term of office shall be for one year. Every appointment shall be made for the term of one year to commence January 1 and terminate December 31 of the succeeding year. Any vacancy in the office shall be filled by the Mayor with the advice and consent of the Township Committee.
B.
Nothing contained herein shall prevent the Construction Official appointed pursuant to the provisions of the State Uniform Construction Code Act (P.L. 1975, c. 217, N.J.S.A. 52:27D-119) to hold the office of Zoning Officer upon appointment for same by the Township Committee.
C.
Duties of Zoning Officer.
(1)
It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to investigate any violation or alleged violation of this chapter coming to his attention, whether by complaint of third persons or from his 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 chapter, it shall be the duty of the Zoning Officer to proceed with the enforcement of this chapter and the penalties provided for hereunder. He may also pursue such other statutory method or methods, heretofore or hereafter provided, as may be open to him.
(2)
In enforcement of this chapter, the Zoning Officer may apply to the Judge of the Township of White for a warrant or warrants to search and inspect the properties and premises upon which he has reason to believe any violation of this chapter has taken or is taking place, and, upon probable cause shown, the Judge may issue such a warrant or warrants, and the information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purpose of proving any case brought for violation of this chapter.
(3)
The Zoning Officer shall file a monthly report of his activities, including the complaints and cases processed by him and disposition thereof, with the Township Committee member charged by the Township Committee with the enforcement of this chapter. It shall be the duty of the Zoning Officer to keep records of all applications for zoning permits and of all such permits issued, together with a notation of all special terms or conditions imposed thereunder. He shall be responsible for the filing and safekeeping of all plans and specifications submitted to him with any application, and the same shall form a part of the records of his office and shall be available to all officials of the Township of White. Copies of any permits or certificates shall be furnished upon request to any person who shall have a right thereto by law. A fee as specified in Article VII of this chapter shall be charged for each copy.
§ 160-199 Violations and penalties.
[Amended 12-1-1995; 8-11-2000; 3-1-2001; 6-14-2007 by Ord. No. 2007-8]
For any violation of the provisions of this chapter, or for any violation of the terms and conditions of resolutions of either the Planning Board or Zoning Board of Adjustment, the owner, the contractor, developer or other person or persons interested as lessees, tenants or otherwise in any building, land or premises where such violation has been committed or shall exist, or, under circumstances where such violation(s) can be abated, who shall fail to abate said violation within the time specified by the notice of violation, after written notice so to do has been served upon him by certified mail, return receipt requested, or by personal service upon him, shall, for each and every violation, be subject to a fine not to exceed $1,000 or 90 days' imprisonment, or both, except as provided in § 160-68 and § 160-183A(2) of this chapter, at the discretion of the court before whom a conviction may be had. Each and every day that such violation shall continue after an abatement notice shall have been served shall be considered a separate and distinct violation of this chapter and not as a continuing offense. If, after diligent effort, service of a notice of abatement cannot be made by mail or in person, the posting of a copy of such notice on a conspicuous part of the premises in violation shall be construed as legal service.
§ 160-200 Repealer; effect on prior offenses.
Any and all Township ordinances or parts thereof in conflict with or inconsistent with any of the terms of this chapter are hereby repealed to such extent as they are so in conflict or inconsistent; provided, however, that the adoption of this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Township of White.