[Amended 10-5-98 by Ord. No. 1998-20 §§ 8—9 and Ord. No.
1998-21 §§ 8—9]
A. In case any building or structure is erected, constructed, altered,
repaired, converted or maintained or any building, structure or land
is used in violation of this chapter or of any other ordinance or
other regulation made under authority conferred hereby, the proper
local authorities of the municipality or an interested party, in addition
to other remedies, may 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.
B. If, before final subdivision approval has been granted, any person
transfers or sells or agrees to transfer or sell, except pursuant
to an agreement expressly conditioned on final subdivision approval,
as owner or agent, any land which forms a part of a subdivision for
which municipal approval is required by ordinance pursuant to this
act, such persons shall be subject to a penalty not to exceed
one thousand ($1,000.00) dollars, and each lot disposition so made
may be deemed a separate violation.
C. In addition for the foregoing, the municipality may institute and
maintain a civil action for injunctive relief and to set aside and
invalidate any conveyance made pursuant to such a contract of sale
if a certificate of compliance has not been issued in accordance with
N.J.S.A. 40:55D-56, but only if the municipality has so determined
and has adopted, by ordinance, standards and procedures in accordance
with N.J.S.A. 40:55D-38. In any such action, the transferee, purchaser
or grantee shall be entitled to a lien upon the portion of the land
from which the subdivision was made that remains in the possession
of the developer or his assigns or successors, to secure the return
of any deposits made or purchase price paid, and also to a reasonable
search fee, survey expense and title-closing expense, if any. Any
such action must be brought within two (2) years after the date of
the recording of the instrument of transfer, sale or conveyance of
said land or within six (6) years, if unrecorded.
D. Penalties.
(1) Any violation of any provision of this chapter shall be punishable
by a fine of no less than one hundred ($100.00) dollars and not to
exceed one thousand ($1,000.00) dollars; or by imprisonment in the
Ocean County Jail for any term not exceeding ninety (90) days; or
by a period of community service not exceeding ninety (90) days. The
following individuals/entities shall be subject to potential punishment:
(a)
The owner, person, firm, corporation, partnership or other business
association, general agent, contractor or occupant of a building,
premises or part thereof where such a violation has been committed
or does exist; and
(b)
Any agent, contractor, architect, engineer, builder, corporation
or other person or commits, takes part or assists in the violation.
(2) Each day a violation continues shall constitute a separate offense
in accordance with the following:
(a)
A minimum penalty of one hundred ($100.00) dollars per day shall
be imposed for each day that said violation or violations continue
unabated until such time as same are corrected.
(b)
Any person or entity who is convicted of violating any provision
of this chapter within one (1) year of the date of a previous violation
of the same provision of this chapter, and who was fined for the previous
violation, shall be sentenced by the Municipal Court an additional
fine imposed by the Court upon such person or entity for a repeated
offense shall not be less than five hundred ($500.00) dollars and
not more than the maximum fine fixed for a violation of this chapter,
but shall be calculated separately from the fine imposed for the violation
of this chapter.
(3) The imposition of penalties herein shall not preclude the Township
or any other person or entity from instituting an action to prevent
an unlawful construction, reconstruction, alteration, repair, conversion,
or use; or to restrain, correct or abate a violation, or to prevent
the illegal occupancy of a building, land or premises.
E. In addition to the foregoing, the Township may institute and maintain
a civil action for injunctive or other relief as provided in the Municipal
Land Use Law (N.J.S.A. 40:55D-1 et seq.) and other applicable laws.
F. Enforcement of conditions and resolutions approving development applications.
[Added 11-2-09 by Ord. No. 2009-32]
(1) Definitions. For the purposes of this paragraph F., "application
for development" shall have the same meaning as that set forth in
N.J.S.A. 40:55D-3.
(2) Enforcement of conditions. In the event that the Construction Official
or the Zoning Office of the Township shall determine that any condition
contained in a resolution or court order approving an application
for development is being violated, he shall notify the property owner,
in writing, of his findings and order that the violation be corrected
within thirty (30) days of the notice. Conditions contained in a resolution
approving an application for development shall be deemed to be continuing
conditions, and the property owner or subsequent transferees of real
property shall be responsible for the maintenance, replacement and
repair of any improvements required by such conditions, including,
but not limited to, the replacement of any required plantings which
fail to survive.
(3) Appeal. A property owner shall have the right to appeal the determination
of the Construction Official or Zoning Officer to the Township Committee
by filing a written appeal with the Township Clerk no later than the
expiration of the thirty-day period provided in the notice. Upon receipt
of the appeal, the Township Committee shall establish a hearing date.
The thirty-day period provided in the notice shall be tolled from
the date of receipt of the notice of appeal by the Township Clerk
until the date of the determination of the appeal by the Township
Committee. The Township Committee may, as part of its determination
of the appeal, allow a greater number of days for correction of the
violation.
(4) Failure to comply. If the property owner fails to correct the violation
within the time provided in the notice, or within such further time
as may be allowed by the Township Committee in the event of an appeal,
the Township Committee may order that the violation be corrected at
the property owner's expense and may revoke the certificate of occupancy
for the property and require that it be vacated. If the Township Committee
expends money to correct the violation, the amount of the expenditure
shall become a lien on the real property and subject to collection
in the same manner as real property taxes.
(5) Fines and penalties. Any person who fails to correct a violation
after receiving written notice thereof and expiration of the time
period in the notice shall be subject to the maximum fines and penalties
established under N.J.S.A. 40:49-5 and as same shall be amended from
time to time. Each and every day a violation of this ordinance shall
exist shall constitute a separate violation.