Any variance or conditional use lawfully issued prior to the effective date of this chapter, or any amendment thereof which could be lawfully issued pursuant to the provisions in effect after such effective date shall be deemed to be and continue valid after such effective date. Any structure or use lawfully authorized by any such variance or conditional use which could not be so issued after such effective date shall be allowed to continue, subject to the provisions of Part
7 of this chapter dealing with lawfully existing nonconformities.
The several provisions and sections of this chapter shall be
separable in accordance with the following rules:
A. If the provisions of any article, section, subsection, paragraph,
subdivision or clause of this act shall be judged invalid by a court
of competent jurisdiction, such order or judgment shall not affect
or invalidate the remainder of any article, section, subsection, paragraph,
subdivision or clause of this act and, to this end, the provisions
of each article, section, paragraph, subdivision or clause of this
act are hereby declared to be severable.
[Amended 6-15-1988 by Ord. No. 1-1988]
B. If any court of competent jurisdiction shall adjudge invalid the
application of any provision of this chapter to a particular property,
building or structure, such judgment shall not affect the application
of said provision to any other property, building or structure.
[Amended 11-25-2008 by Ord. No. 104-2008]
A. Civil and administrative enforcement. In case any building or structure
is erected, constructed, reconstructed, altered, repaired, converted
or maintained; or any building, structure or land is used; or any
work is done in violation of this chapter, the City and its designated
agents or any interested party may, in addition to other remedies:
(1) Institute any appropriate action or proceedings to prevent such unlawful
erection, construction, reconstruction, alteration, repair, conversion,
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 in or about such
premises.
(3) Revoke any permit or approval issued or granted pursuant to this
chapter without regard to whether work has begun or a use has been
commenced pursuant to such permit or approval.
B. Violations and penalties. In addition to the civil remedies provided
herein, any person violating the provisions of this chapter shall,
upon conviction in the Municipal Court of the City of Atlantic City,
be punished for each offense by a fine not exceeding $2,000 or by
imprisonment for a term not exceeding 90 days in the county jail or
in any place provided by the City of Atlantic City for the detention
of prisoners, or both. Each separate provision of this chapter violated
and each day on which any such violation continues shall be considered
a separate offense. The Municipal Judge before whom any such person
may be convicted of violating any provision of this chapter shall
have power to impose any fine or term of imprisonment not exceeding
the maximum fixed in this chapter.