[Amended 11-3-2008 by Ord. No. 5-2008]
A. Any person
who shall violate any provision of any ordinance of the Borough of
Rocky Hill shall be liable for one or more of the following:
(1) A fine
not exceeding $2,000; or
(2) Imprisonment
for a term not exceeding 90 days; or
(3) Community
service for a period not exceeding 90 days.
B. Minimum penalty;
violations of housing and zoning codes.
(1) The minimum
penalty for such offense shall be a fine which may be fixed in an
amount not less than $100.
(2) Any owner
who violates a housing or zoning code and is fined more than $1,250
shall have a thirty-day period in which the owner shall be afforded
the opportunity to cure or abate the condition and shall also be afforded
an opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
C. In a case
of a continuing violation, each day that such violation continues
shall be deemed a separate offense.
Any complaint to impose such penalty may be
filed in Municipal Court on behalf of the state by the Borough of
Rocky Hill or any interested party, including, in the case for the
violation of a provision of the Development Regulations Ordinance,
the Zoning Officer.
[Amended 11-3-2008 by Ord. No. 5-2008]
Any person who is convicted of violating any
Borough ordinance within one year of the date of a previous violation
of the same provision and who was fined for the previous violation
shall be sentenced by the court to an additional fine as a repeat
offender. The additional fine imposed by the court upon a person for
a repeated offense shall not be less than the minimum or more than
the maximum fine fixed for a violation of the provision but shall
be calculated separately from the fine imposed for the violation of
the provision.
Any person convicted of violating any Borough
ordinance and who is in default of the payment of any fine imposed
for the violation may, at the Court's discretion, be imprisoned for
a term not exceeding 90 days or be required to perform community service
for a period not exceeding 90 days.