[Adopted by Ord. No. 7-07 (Ch. 3, Sec. 3-1, of the 1978 Revised General Ordinances)]
[Amended 9-4-2018 by Ord.
No. 22-18]
A.
Whenever,
under this code or any rule, regulation or order duly promulgated
by an officer or agency of the Township by authority of this code,
any act is prohibited or declared to be unlawful, or the doing of
any act is required and no specific penalty is provided with respect
thereto, the violation of any such provision of the ordinance, rules,
regulation or order shall be punishable by one or more of the following:
B.
Any
person who is convicted of violating an ordinance within one year
of the date of a previous violation of the same ordinance and who
was fined for the previous violation shall be sentenced by a 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 exceed the maximum fine fixed for a violation
of the ordinance, but shall be calculated separately from the fine
imposed for the violation of the ordinance.
Where a fine in an amount greater than $1,250 is imposed upon
an owner for violations of housing or zoning codes, the owner shall
be provided 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 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.
Except as otherwise provided, each and every day in which a
violation of any such provision of this chapter or any ordinance,
rule or regulation exists shall constitute a separate violation.
The maximum penalty stated in this section is not intended to
state an appropriate penalty for each and every violation. Any lesser
penalty, including a nominal penalty or no penalty at all, may be
appropriate for a particular case or a particular violation. This
section does not alter any stated minimum penalty.
In case of any amendment of or addition to any section or chapter
of this code, the penalty provided for the violation of such section
or chapter shall also relate to the amendment or addition, whether
reenacted in the amendatory ordinance or not, unless such penalty
is specifically repealed or amended therein.
[Amended 9-4-2018 by Ord.
No. 22-18]
The governing body may prescribe that, for the violation of
any particular code provision or ordinance, at least a minimum penalty
shall be imposed, which shall consist of a fine which may be fixed
at an amount not exceeding $100 pursuant to N.J.S.A. 40:69A-29.
