[Ord. No. 581 § 15-1]
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 any 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 the building, structure or land, to prevent any illegal
act, conduct, business or use in or about such premises.
[Ord. No. 581 § 15-2]
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 this chapter, such persons
shall be subject to a penalty not to exceed $1,000, and each lot disposition
so made may be deemed a separate violation. In addition to the foregoing,
the municipality may institute and maintain a civil action:
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LD-16-2.1
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For injunctive relief; and
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LD-16-2.2
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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
(1) has a Planning Board, and (2) has adopted by ordinance standards
and procedures in accordance with N.J.S. 40:55D-38.
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[Ord. No. 581 § 15-3; Ord. No. 890 § 1g; Ord. No. 2006-1417 § 2]
Any person, firm or corporation violating any provision of this chapter (except for a violation of the sort described in § 16-2) shall, upon conviction, be punished by one or more of the following penalties:
[Amended 7-11-2022 by Ord. No. 2022-1926]
For violation of any provision of this Code, unless a specific
penalty is otherwise provided in connection with the provision violated,
the maximum penalty upon conviction of the violation shall be by one
or more of the following: imprisonment in the County jail or in any
place provided by the municipality for the detention of prisoners,
for any term not exceeding 90 days; or by a fine not exceeding $2,000;
or by a period of community service not exceeding 90 days.
For penalties and fines imposed in excess of $1,250 upon an
owner for violations of housing or zoning codes, there 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 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.
Imprisonment in the County Jail for a period not to exceed 90
days.
By a period of community service not to exceed 90 days.
Each day that a violation continues shall be deemed to be a
separate and distinct offense.
