A.
If any person shall undertake any construction activity on an historic
landmark or on a property located within an historic district without
first having obtained a certificate of appropriateness as provided
in this chapter or where such construction activity is not in compliance
with a certificate of appropriateness previously issued, such person
shall be deemed to be in violation of this chapter.
(1)
Notwithstanding the foregoing, it shall not be a violation of this
chapter in circumstances where the Construction Official has issued
a construction permit but has not advised the recipient of the construction
permit to have first made application to the Commission.
B.
After learning of the violation, the Historic Administrative Officer
shall personally serve a notice describing the violation in detail
upon the owner of the lot where on the violation is occurring.
(1)
If the owner cannot be personally served within the City with said
notice, a copy thereof shall be posted on the site in question and
a copy shall be sent by certified mail, return receipt requested,
to to owner at his or her last known address as it appears on the
municipal tax rolls.
D.
Upon receipt of the violator's application, the Commission shall conduct a review of the said application and review in the same manner as prescribed for regular applications pursuant to § 148-19 of this chapter.
E.
Upon the violator's filing of an application for a certificate
or appropriateness, the imposition of all enforcement action on behalf
of the City shall be stayed until such time as:
(1)
The Commission has rendered a decision on the violator's application
and the administrative officer has served notice thereof upon the
applicant; and
(2)
The violation is still deemed to be in existence; and
(3)
No further appeal of the decision of the Commission and or MWRC relating
to the said application is pending before the Zoning Board of Adjustment
or any court; and
(4)
All appeal periods relating to the said application have expired.
F.
Outcomes.
(1)
If the Commission grants certificate of appropriateness to the violator
for the unauthorized work, then the violator shall no longer be deemed
to be in violation of this chapter.
(2)
If the Commission grants a certificate of appropriateness to the
violator subject to certain conditions, then the violator shall be
deemed to have cured the violation only upon its timely satisfaction
of the said conditions in accordance with the requirements of the
Commission.
(3)
If the Commission denies a certificate of appropriateness to the
violator for the unauthorized work, then the violation shall still
exist, and the violator shall be subject to appropriate enforcement
action as prescribed below.
G.
If a violation involves on going unauthorized construction or demolition
work, the administrative officer shall immediately issue a stop construction
order in accordance with the Uniform Construction Code, N.J.S.A. 52:27D-119
et seq.
H.
In the event that the violator fails to file a timely application
for a certificate of appropriateness after having been served with
a notice of violation as set forth above, or in the event that there
is no longer any stay of enforcement activity in effect as set forth
above and the violation is still deemed to be in existence, then the
Historic Administrative Officer shall cause to be issued a summons
and complaint, returnable in Municipal Court, charging violation of
this chapter.
(1)
Each separate day that the violation exists shall be deemed to be
a new and separate violation of this chapter.
A.
Any person who commits a violation of this chapter shall, in the
discretion of the municipal court judge, be subject to penalties as
follows:
(1)
For each day up to 10 days: a fine of up to $1,000;
(2)
For each day between 11 and 25 days: a fine of up to $1,200 per violation
or in the maximum amount then in effect pursuant to state statute;
and
(3)
For each day beyond 25 days: imprisonment for a period not to exceed 90 days, a fine pursuant to § 148-26A(1) and (2) above, or both, and/or be required to immediately correct, abate and/or restore the premises or property to its previous condition.
In the event that the violation is not abated within 10 days
of service or posting on site, whichever is earlier, the Historic
Administrative Officer shall cause to be instituted any appropriate
action or proceeding to prevent such unlawful activity, to restrain,
correct or abate such violation, to prevent the occupancy of said
building, structure or site or to prevent any illegal act, conduct,
business or use in or about such premises as follows:
A.
If any person shall undertake any activity requiring a permit, report or certificate of appropriateness of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval and be required to immediately correct, abate and/or restore the premises or property to its previous condition pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object or site to its condition prior to any such activity. The Historic Administrative Officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court not less than 10 days after the delivery of notice pursuant to Subsection B below.
B.
In the event of the threat of imminent action or demolition for which
the necessary approvals have not been granted and which action would
permanently and adversely change a landmark or any building, structure,
object or site located within a landmark district, the Historic Administrative
Officer is empowered to apply to the Superior Court of New Jersey
for injunctive relief as is necessary to prevent such actions.
