In their interpretation and application, the
provisions of this chapter shall be held to be minimum requirements
adopted for the promotion of public health, morals, safety or the
general welfare. Whenever the requirements of this chapter are at
variance with the requirements of any other lawfully adopted rules,
regulations or ordinances, the most restrictive or that imposing the
highest standards shall govern.
The regulations, limitations and restrictions
of this chapter may from time to time be amended, changed, modified
or repealed and the boundaries of the districts hereby established
changed by ordinance adopted by the Borough Council, but no amendment
or change shall become effective unless the ordinance proposing such
amendment or change shall first have been submitted to the Planning
Board for approval, disapproval or suggestions pursuant to the requirements
of the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
A.
Complaints of violations. Any person may file a complaint
if there is any reason to believe a violation of this chapter exists.
All such complaints must be in writing and shall be filed with the
Construction Code Official, who shall properly record such complaint
and immediately investigate.
B.
Procedures for abatement of violations. In case any
building or structure is erected, constructed, reconstructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or of any ordinance or regulation
made under authority conferred hereby, the governing body or, with
its approval, the Construction Code Official or other proper official,
in addition to other remedies, may institute any appropriate legal
action or proceedings to prevent such unlawful erection, construction,
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 about such premises.
C.
Penalties. Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished as set forth in Chapter 164, Fines and Penalties, at the discretion of the Municipal Judge before whom such a conviction may be had. Each day that a violation occurs or is committed shall constitute a separate offense.
[Amended 4-18-2011 by Ord. No. 658; 11-20-2017 by Ord. No. 719]
If any section, subsection, sentence, clause
or phrase of this chapter or the location of any district boundary
shown on the Zoning Map that forms a part hereof is for any reason
held by a court of competent jurisdiction to be invalid, such a decision
shall not affect the validity of the remaining portions of this chapter
or the Zoning Map. The governing body of the Borough of Harrington
Park hereby declares that it would have passed this chapter and each
section or part thereof irrespective of the fact that any one or more
sections or parts thereof may be declared invalid or unconstitutional.
All prior zoning ordinances of the Borough of
Harrington Park, together with all amendments and supplements thereto,
are hereby superseded and repealed; provided, however, that the adoption
of this chapter shall not prevent or bar the continuance or institution
of any proceedings for offenses heretofore committed in violation
of any existing ordinances of the Borough of Harrington Park.
