§ 184-193. Violations.  


Latest version.
  • A. 
    Power to obtain warrants. In the enforcement of this chapter, the Zoning Officer may apply to the Fanwood Municipal Court for a warrant or warrants to search and inspect the properties and premises upon which the Zoning Official has reason to believe any violation of this chapter has taken or is taking place and, upon probable cause shown, the Borough 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 providing any case brought for violation of this chapter.
    B. 
    Issuance of abatement notices. For any violations of this chapter, the Zoning Official may issue an order to abate said violation(s). Such notices shall be sent by certified mail, return receipt requested, or by personal service. Each and every day that a violation of this chapter continues after five days of the mailing or personal service, as the case may be, of such notice shall be deemed a separate and distinct violation. Service of an abatement order is a condition precedent to the filing of a complaint on behalf of the Borough.
    C. 
    Power to institute court action. In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter, the Zoning Officer upon authorization by the Governing Body as provided below, or other authorized local agencies, as contained herein or as otherwise provided by law, may, in addition to other remedies, institute any appropriate action or proceedings, including but not limited to signing of a complaint to be heard in the Fanwood Municipal Court or other appropriate court, to prevent such unlawful erection, construction, reconstruction, repair alteration, conversion, maintenance or use to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises. Prior to the Zoning Official filing a complaint in Fanwood Municipal Court, or any other court of competent jurisdiction, the Zoning Official shall personally appear before the Governing Body and shall show probable cause that a land use violation has occurred; specifically identify the section of the Code which has been violated, provide photos or other competent evidence of the violations, demonstrate that the respondent has been notified of the intention to file a complaint in court and of the date of the Council session at which authority shall be sought to file a complaint. The Mayor and Borough Council shall approve or disapprove the filing of the complaint by resolution. Adoption of such resolution shall be a condition precedent to the Zoning Official filing a complaint in the Fanwood Municipal or any other court.