The maintenance, erection, construction or placing of any sign,
awning, shed or other projection or any obstruction in, over or upon
the whole or any part of any sidewalk, boardwalk, street or avenue
within the limits of the Borough of Lavallette shall be deemed and
hereby is determined to be a nuisance and prohibited; provided, however,
that nothing herein contained shall be deemed to apply to or cause
the removal of any awning attached to any building, composed of canvas
or like material, supported by iron or metal substance, or to the
erection or maintenance of signs, awnings or other projections in
compliance with this article.
No stationary signs shall be placed on any building in this
Borough which extend or project in, over or upon any sidewalk, boardwalk,
street, or avenue unless application therefor is made to and approved
by the Mayor and Borough Council, from whom a permit must first be
had and obtained for the erection or construction of any such stationary
signs.
If the owner or occupant, or agent of the owner or occupant,
of any building in front of which there is erected, constructed or
placed any sign, awning, shed, projection or other obstruction not
in conformity with the provisions of this article shall neglect or
refuse to remove the same within seven days of receiving notice to
do so, said person shall be in violation of the provisions of this
article. Any person who shall be convicted of a violation of a provision
of this article shall, upon conviction whereof by any court authorized
by law to hear and determine the matter, be subject to a fine of no
less than $100 and no more than $1,000, imprisonment not to exceed
90 days or community service of not more than 90 days, or any combination
of fine, imprisonment and community service, as such court in its
discretion may impose. Each day that such violation exists shall constitute
a separate offense.
In case of neglect or refusal of any person or persons to comply
with the terms of this article, it shall be lawful for the Borough
Council to order the removal of any such sign, awning, shed, projection
or obstruction not in conformity with the provisions of this article,
and the expense of such removal shall be charged to the owner or occupant
neglecting or refusing to remove the same. If the cost of such removal
is not paid to the Borough within 30 days after written notice of
the cost is served upon the owner, occupant or agent, the cost shall
be certified by the Borough Council to the Tax Collector of this municipality,
who shall include the cost in the next tax bill to the owner.
