Article VII Enforcement, Violations and Penalties
§30-801 DUTIES OF ZONING OFFICER.

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.

In enforcement of this chapter, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough of Roseland 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 of the Municipal Court 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.

The Zoning Officer shall file a monthly report of his activities, including the complaints and cases processed by him and disposition thereof, with the Borough Clerk.

§30-802 PENALTIES.

For any and every violation of the provisions of this chapter, the owner, contractor 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, and 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 one thousand two hundred fifty ($1,250.00) dollars or ninety (90) days imprisonment or both, at the discretion of the court before whom a conviction may be had. Each and every day that such violation shall continue after such abatement notice shall have been served shall be considered a separate and specific violation of this chapter and not as a continuing offense. If after diligent effort service of a Notice of Violation cannot be made by mail or in person, posting of a copy of such notice at a conspicuous part of the premises in violation shall be construed as legal service. (N.J.S.A. 40:49-5)