City of Burlington, NJ Enforcement; Violations and Penalties

This chapter and any other ordinance pertaining to the development in the City shall be enforced by the City's Construction Official or its Zoning Officer. Any citizen of the City may bring a proceeding in Municipal Court alleging a violation of any developmental ordinance. Any administrative violation of any developmental ordinance, including nonpayment of fees, escrows, inspection fees or other costs, may be enforced by the administrative officer of the City by instituting a proceeding in the Municipal Court of the City alleging a violation of the developmental ordinances of the City.

For any and every violation of the provisions of this chapter, the owner, contractor or other persons interested as lessee, tenant or otherwise in any building or premises where any such violation has been committed or shall exist, and who refuses to remove and abate said violation within five days after written notice has been served upon him/her either by certified mail, return receipt requested, or personal service, shall for each and every violation be subject to a fine of not more than $1,000 or to commitment, in the county jail for a period not exceeding 90 days; at the discretion of the Court.

Each and every day that such violation continues after such notice may be considered a separate and specific violation of this chapter.

Should construction, building, excavation, clearing or use of structure or property take place that is not in accordance with the approvals granted by the reviewing authority, and required by any developmental ordinance, or without fulfillment or compliance with the conditions imposed by such approvals, such deviation shall be considered a violation of such ordinance. If within 95 days of notification and demand by the City, the applicant has failed to pay the fees and escrows by this chapter or the applicant has failed to pay the inspection fees assessed pursuant to N.J.S.A. 40:55D-53(h), a violation of this chapter shall be deemed to have occurred.

Cannabis industries.

[Added 7-13-2021 by Ord. No. 17-2021]

(1)

Any person or entity operating a cannabis cultivation facility, cannabis product manufacturing facility, cannabis wholesaler, cannabis distributor, cannabis delivery service or providing cannabis delivery services or a cannabis testing facility, and/or cannabis retail establishments or business without a current license issued by the State of New Jersey shall be deemed in violation of this chapter. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and may become a lien on the property, in accordance with other provisions of state law and the City of Burlington Code.

(2)

Any person or entity operating a cannabis cultivation facility, cannabis product manufacturing facility, cannabis wholesaler, cannabis distributor, cannabis delivery service or providing cannabis delivery services or a cannabis testing facility, and/or cannabis retail establishments or business in violation of the City's Zoning Laws: such person or entity shall be subject to a fine not to exceed $1,000 and each day the violation lot so disposed of shall be deemed a separate violation. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and may become a lien on the property, in accordance with other provisions of state law and the City of Burlington Code.

(3)

Any person or entity operating a cannabis cultivation facility, cannabis product manufacturing facility, cannabis wholesaler, cannabis distributor, cannabis delivery service or providing cannabis delivery services or a cannabis testing facility, and/or cannabis retail establishments who is not in full compliance with this chapter or who otherwise violates any provision of this chapter or of the rules and regulations issued hereunder shall be subject to a fine of not less than $500 and not more than $1,000 for each offense. Every day that a violation continues shall constitute a separate and distinct offense. Fines assessed under this chapter shall be recoverable from the owner and may become a lien on the property, in accordance with other provisions of state law and the City of Burlington Code.

(4)

The failure to pay any annual registration fee, renewal fee or to submit a timely license for a mercantile license or other business license may also become a lien on the property in accordance with other provisions of state law and the City of Burlington Code.

(5)

For purposes of this chapter, the failure to file a registration statement in time and/or the failure to provide complete, accurate information on the registration statement and/or any required licensure or filing with the City shall be deemed a violation of the provisions of this chapter and shall subject the person or entity operating the business to a fine of not less than $500 and not more than $1,000 for each offense.