Montclair Municipal Code Ch. 11.04 Administration and Enforcement

Before commencing any work pertaining to the erection, construction, moving, conversion or alteration of any building, or any addition to any building, a permit shall be secured from the Building Division by any owner or his/her agent for such work, and it shall be unlawful to commence any work until and unless such permit shall have been obtained. No such building shall be occupied or used unless a certificate of occupancy and a license for such use, where required, are first obtained from the department or person vested with the duty or authority to issue the same.

Each application for a building permit shall be made on a printed form to be furnished by the Building Division and shall contain, in addition to any other information required, accurate information and dimensions as to the size and location of the lot, the size and location of the buildings on the lot, the dimensions of all yards and open spaces, and such other information as may be necessary for the enforcement of the provisions of this title. When approval of site plans by the Planning Commission is required, the approved site plan shall be stamped and signed by the Secretary of the Planning Commission and shall be filed with the application for a building permit. Where complete and accurate information is not readily available from existing records, the Department of Community Development may require the applicant to furnish a survey of the lot prepared by a licensed surveyor. A record of the original of such applications shall be kept in the Building Division.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2201)

All departments, officials, and public employees vested with the duty or authority to issue permits, licenses, or certificates of occupancy, where required by law, shall conform to the provisions of this title. No such permit, license, or certificate for building uses or purposes, where the same would be in conflict with the provisions of this title, shall be issued. Any such permit, license, or certificate, if issued in conflict with the provisions of this title, shall be null and void.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2202)

A. For Buildings. No building erected, moved, enlarged or altered shall be occupied, used, or changed in use until a certificate of occupancy shall have been issued by the Building Inspector. Such certificate shall be applied for coincident with the application for a building permit and shall be issued only after such building enlargement or alteration has been completed in conformity with the provisions of this title and when the proposed use conforms thereto. Further, no excavation for a building shall be started before an application has been made for a building permit.

B. For Nonconforming Uses. Any nonconforming use to a building may be continued but shall not be changed unless a certificate of occupancy for the new use shall have been issued by the Building Inspector after finding out that such use conforms with the provisions of this title or is a more restrictive use.

C. For Land. A certificate of occupancy shall be applied for before any vacant land is used or before an existing use of vacant land is changed, and the Community Development Director shall issue such certificate within 10 days after such application is filed provided such use is in conformity with the provisions of this title and provided, further, that no certificate of occupancy shall be required where the land is to be used for tilling the soil and growing therein farm, garden or orchard products.

D. Statement. The certificate of occupancy shall state that the building or proposed use of a building or land complies with all laws and with the provisions of this title. A record of all certificates shall be kept on file in the Planning Division, and copies shall be furnished on request to any person having a proprietary or tenancy interest in the building or land affected.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2203)

It shall be the duty of the Building Inspector to enforce the provisions of this title pertaining to the erection, construction, reconstruction, moving, conversion, alteration of, or addition to any building.

(Prior code § 9-4.2204)

It shall be the duty of the Code Enforcement Division and all officers or the City otherwise charged with the enforcement of the law to enforce the provisions of this title.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2205)

In accordance with the provisions of the Planning Law of the State, the Planning Commission shall administer the regulations of this title and amendments thereto, act as a Board of Zoning Adjustment, hear and act upon all matters involving variances and conditional use permits, recommend with reference to the revocation of conditional use permits, hear and act upon suspensions or modifications of planned rights-of-way, hear and act on appeals from any action taken by an administrative official in the administration and/or enforcement of the provisions of this title, and perform such other duties as are requested by the City Council.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2206)

The Planning Commission may hear and decide appeals when it is alleged by the appellant that there is an error in any order, requirement, permit, decision or determination made by an administrative official in the administration or enforcement of the provisions of this title pursuant to the following procedures:

A. Filing. Appeals to the Planning Commission may be taken by any person aggrieved, or by any officer or department of the City affected by any decision of the administrative official. Such appeals shall be taken within 15 days by filing with the officer from whom the appeal is taken, and with the Secretary of the Commission, copies of a Notice of Appeal specifying the grounds. The officer from whom the appeal is taken shall forthwith transmit to the Commission all the papers constituting the record upon which the action appealed from was taken.

B. Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the Planning Commission, after the Notice of Appeal shall have been filed, that, by reason of facts stated in the certificate a stay would, in his/her opinion, cause imminent peril to life and property. In such case proceedings shall not be stayed except by a restraining order which may be granted by the Planning Commission or by a court of record on application and notice to the officer from whom the appeal is taken and due cause shown.

C. Hearing Date—Notice. Upon the filing of the Notice of Appeal, the Secretary of the Commission shall set a date for one hearing thereon before the Commission. The date of the hearing shall be not less than 10 days, nor more than 40 days, from the date of filing such notice of appeal with the Secretary. Notification of the date of hearing shall be mailed to the applicant at the address shown on the Notice of Appeal not less than five days prior to the hearing.

D. Hearing. At the time and place so fixed, the hearing shall be conducted before the Planning Commission. The Planning Commission may for any reason, when it deems such action necessary or desirable, continue such hearing to a time and place certain.

E. Hearing—Decision. Each decision by the Planning Commission on an appeal shall be by resolution. The Planning Commission may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from and may make such order, requirement, decision or determination as should be made and, to that end, shall have all the powers of the officer from whom the appeal is taken. The Planning Commission shall make its findings and determination within 40 days from the date of completion of the hearing on such appeal and shall forthwith transmit copies thereof to the appellant, the officer from whom the appeal was taken, and to the City Clerk. Upon failure of the Commission to make a determination within the time limit specified, it shall lose jurisdiction, and the appellant may, within 15 days thereafter, file a request for a review of the appeal.

F. Review of Appeals. The action of the Planning Commission as to all matters set forth in Section 11.04.060 shall become final and effective 15 days after the date the written determination is made unless during that time a written request for a review of the appeal is filed with the City Clerk by any person aggrieved by the determination of the Planning Commission. Such review shall be accompanied by the required review fee as adopted by City Council resolution. The City Council, on its own motion, may request a review of any determination of the Planning Commission within 15 days of the Planning Commission decision or at the next regularly scheduled City Council meeting, whichever occurs later. A fee shall not be required in the event of such City Council review. Such request for a review of the appeal, except on the City Council's own motion, shall be filed and shall state the grounds therefore and wherein the Commission erred or failed to conform to the requirements of this title. The City Clerk shall transmit one copy each of the request to the original appellant, the hearing officer from whom the appeal was taken, and to the Planning Commission. The request for review of the appeal shall continue to stay any proceedings already stayed in furtherance of the action appealed from. Upon receipt of the request for review of the appeal, Planning Division staff shall transmit to the City Council the original Notice of Appeal and copies of all other papers constituting the record upon which the action was taken, together with a written report stating why the appeal should or should not be granted. The review of the appeal by the City Council shall be based upon the record of the Planning Commission. In the event any new information or evidence is produced for consideration, the City Council shall refer the matter back to the Planning Commission for review and recommendation.

G. Review of Appeals—Hearing—Decision. The City Council may, by resolution, affirm, reverse or modify in whole or in part any decision of the Planning Commission on an appeal, but before reversing or modifying any decision of the Planning Commission, the City Council shall set the matter for hearing. Notification of the date of hearing shall be mailed not less than five days prior to the hearing to the original appellant and to the person filing the request for a review of the appeal if he/she is not the original appellant.

(Ord. 02-828 §§ I—III; Ord. 99-791 Exh. A (part); prior code § 9-4.2207)

The provisions of this title shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to interfere with, abrogate, or annul any easement, covenant, or other agreement between parties. When the provisions of this title impose a greater restriction upon the use of buildings or land, or require larger open spaces than are imposed or required by other laws, rules or regulations, or by easements, covenants or agreements, the provisions of this title shall control.

(Prior code § 9-4.2208)

The City Attorney, upon request by the City Council, shall institute any necessary legal proceedings to enforce the provisions of this title, and he/she is authorized, in addition to any other remedy provided, to institute an action for an injunction to restrain or any other appropriate action or proceeding to enforce such provisions.

(Ord. 99-791 Exh. A (part); prior code § 9-4.2209)