A. Creation of office; appointments. In order to administer and enforce the provisions of this chapter, the office of the Zoning Officer of the Borough of Hopatcong is hereby created. The Zoning Officer shall be appointed by the Administrator with the consent of the Mayor and Council. [Amended 3-25-1985 by Ord. No. 7-85]

B. Duties. It shall be the duty of the Zoning Officer to enforce this chapter and, pursuant to that duty, to:

(1) Discover and ascertain the existence of any violations of this chapter.

(2) Investigate and inspect any alleged violation of this chapter within his knowledge or coming to his attention.

(3) Prevent further or continued violations of this chapter which are known by him to exist and by every lawful means cause the violators to cease and desist from committing such further violations.

(4) Prosecute violations of this chapter in the manner provided by law.

C. Whenever any building or structure is erected, constructed, altered, repaired, converted, used or maintained within the Borough of Hopatcong, it shall be the duty of the Zoning Officer to ascertain that the same is done in accordance with the provisions of this chapter and not in violation thereof; and whenever any building or structure is so erected, constructed, altered, repaired, converted, used or maintained contrary to or any 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 in the manner herein provided and as otherwise provided by law; and he is hereby further authorized and empowered to institute and maintain any further statutory legal actions and proceedings for the enforcement hereof now existing or heretofore or hereafter provided which may be available to him.

D. Enforcement procedure. Whenever the Zoning Officer shall ascertain that any of the provisions of this chapter are being violated, he shall:

(1) Promptly notify the person committing such violation to cease and desist from continuing such violation. If such violation consists of the construction or erection of an illegal building or structure, he shall order the same demolished and the site cleared or the building or structure removed. If such violation consists of an illegal alteration or conversion of an existing building or structure, he shall order such building or structure restored to a conforming condition.

(2) Sign and file a complaint alleging the violation in the Municipal Court of the Borough of Hopatcong, in the manner prescribed by law and the rules governing the practice in such Court. He shall also institute further proceedings in the Superior Court when, in his opinion, the same are warranted, to enjoin said violation and to effect the discontinuance thereof. Nothing herein shall prevent any person other than the Zoning Officer from instituting a complaint for any violation of this chapter in the manner prescribed by law.

E. Search warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Judge of the Municipal Court of the Borough of Hopatcong 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 warrant or warrants in the manner authorized by law. The information obtained pursuant thereto shall be admissible as evidence in any court of competent jurisdiction for the purposes of proving any case brought for violation of this chapter.

F. Administrative duties. In addition to the duty of enforcement of this chapter and prosecuting the violations thereof, the Zoning Officer shall:

(1) Make an inspection of every parcel of land, building or structure for which an occupancy or land use permit is requested prior to the issuance of such permit, in order to ascertain that said occupancy or use will comply with every standard, regulation and requirement of this chapter for such occupation and use.

(2) After proper inspection and investigation, issue land use permits and certificates of occupancy in appropriate instances and within his jurisdiction.

(3) Report to the Board of Adjustment with respect to matters which are properly before the Board, and otherwise conduct investigations, and report to and be responsible to the Mayor and Council with respect to matters pertaining to the zone plan and this chapter otherwise within his jurisdiction.

(4) Start and maintain an accurate and complete file with respect to every alleged violation of this chapter or other matter investigated and processed by him.

(5) File a monthly report of his activities with the Borough Administrator and the Mayor and Council of the Borough of Hopatcong.

A. Any person who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted hereunder, or who shall refuse a reasonable opportunity to inspect any premises, shall be liable to a fine of not more than $500 or to imprisonment for not more than 90 days, or to both. Each and every day such violation continues after the expiration of an abatement notice or after initial construction, as the case may be, shall be deemed to be a separate and distinct violation.

B. In addition to the fines and penalties set forth herein, any person who shall violate any of the provisions of this chapter shall reimburse the Borough of Hopatcong for all costs incurred in correcting or terminating any adverse effects upon the environment as a result of the violation. Any person shall further reimburse the Borough of Hopatcong for all costs of investigation, inspection and prosecution involved in the correction of any violation of this chapter, including reasonable costs for litigation and attorney's fees. All costs awarded to the Borough of Hopatcong pursuant to this section constitute an assessment and a lien against the subject property and shall accrue interest as provided by law. [Added 8-4-1999 by Ord. No. 17-99]

A. Zoning permits. Zoning permits shall hereafter be secured from the Zoning Officer's office prior to the application for a building permit for the construction, erection or alteration of any structure or sign or part of a structure or upon a change in the use of a structure or land. Each application shall be accompanied by the required fee.

B. Certificate of occupancy. No land shall be used and no new structure shall be occupied or used, in whole or in part, for any use nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Zoning Officer stating that the structure and the occupancy and use of the land or the structure, if any, conform to the provisions of this chapter of the Code of the Borough of Hopatcong. In addition, a certificate of occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof.