This book shall be known and may be cited as "The Code of the Borough of Fair Haven, 2009," and is herein referred to as the "Code."
[2002 Code § 1.04.010; New]
For the purpose of this Code and in the interpretation and application of all other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
- Shall mean the Administrator of the Borough of Fair Haven duly appointed pursuant to law.
- Shall mean the Borough of Fair Haven in the County of Monmouth and State of New Jersey.
- BOROUGH CLERK OR CLERK
- Shall mean the Municipal Clerk duly appointed pursuant to law.
- BOROUGH COUNCIL OR COUNCIL OR MUNICIPAL COUNCIL
- Shall mean the duly elected Councilmembers of the Borough of Fair Haven.
- Shall mean the County of Monmouth.
- Shall mean calendar days.
- Shall mean an organizational unit of the Borough government established or designated by ordinance or this Code as a department, together with any agency or instrumentality of the Borough government assigned to such organizational unit by the Borough Council.
- GOVERNING BODY
- Shall mean the Mayor and Borough Council of the Borough of Fair Haven.
- Shall mean licensed in accordance with the appropriate section or chapter of this Code.
- Shall mean a calendar month unless otherwise specifically provided.
- Shall mean the Borough of Fair Haven in the County of Monmouth, State of New Jersey.
- Applied to a building or land, shall include any person who occupies the whole or part of such building or land, whether alone or with others.
- OFFICER OR OFFICIAL
- And the title of an officer or official shall be construed as if the words "of the Borough of Fair Haven" followed it.
- Shall mean any act of local legislation heretofore or hereafter adopted, and including this Code, so long as it shall have been adopted by the procedure required for the adoption of an ordinance and so long as it shall remain in force and effect pursuant to law.
- Shall mean any part owner, joint owner, tenant in common, tenant in partnership, joint tenant, or tenant by the entirety, of the whole or of a part of a building or land.
- Shall mean any individual, natural person, partnerships, joint ventures, societies, associations, clubs, trustees, trusts, corporations or unincorporated groups; or any officers, agents, employees, servants, factors or any kind of personal representatives of any thereof in any capacity, acting either for himself or for any other person, under either personal appointment or pursuant to law.
- PRECEDING AND FOLLOWING
- Shall mean next before and next after respectively.
- PUBLIC GROUNDS, PUBLIC SQUARES, PUBLIC PLACE OR PUBLIC PLACES
- Shall severally be construed to mean any and every public ground, public square, public park or other public place within the Borough.
- Shall mean an action expressing the sense or will of the Municipal Council on a matter of special or temporary interest. It shall be written and may be adopted at the meeting at which it is introduced, without publication or public hearing.
- Shall mean that portion of a street between the curb line and the adjacent property line which has been paved with concrete or other approved material and is intended for the use of pedestrians.
- Shall mean the State of New Jersey.
- Shall include a street, avenue, road, alley, lane, highway, boulevard, concourse, driveway, culvert, sidewalk and crosswalk, and every class of road, square, place or municipal parking field used by the general public.
- Shall mean seven days.
- Shall mean a calendar year unless otherwise specifically provided.
[2002 Code § 1.04.020; New]
For the purpose of this Code and any other ordinances heretofore or hereafter adopted, except as the context may otherwise require:
The present tense includes the past and future tenses and the future, the present.
The masculine gender includes the feminine and neuter.
The singular number includes the plural and the plural, the singular.
Shall is mandatory and May is permissive.
The time within which an act is to be done shall be computed by excluding the first and including the last day, and if the last day be a Sunday or a legal holiday, that day shall be excluded.
"Writing" and "Written" includes printing, typewriting and any other modes of communication using paper or similar material which is in general use, as well as legible handwriting.
"And" may be construed as meaning or, and or as and, if the sense requires and indicates such meaning.
Whenever a specific time is used in this Code, it shall mean the prevailing and established time in effect in the State of New Jersey during any day in any year.
Any citation of a statute, law or ordinance contained in this Code shall be deemed to refer to such statute, law or ordinance as amended, whether or not such designation is included in the citation.
"Chapter" shall mean one of the major divisions of this Code, identified by an Arabic number, and divided by subject matter.
"Section" shall mean a major subdivision of a chapter.
"Subsection" shall mean a subdivision of a section, identified by a decimal number following the section number.
"Paragraph" shall mean a subdivision under a subsection, identified by an alphabetical letter and/or Arabic number.
[2002 Code § 1.04.030]
If any chapter, section, subsection or paragraph of this Code shall be declared to be unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such chapter, section, subsection or paragraph shall, to the extent that it is not unconstitutional, invalid or inoperative, remain in full force and effect, and no such determination shall be deemed to invalidate the remaining chapters, sections, subsections or paragraphs of this Code.
For violation of any provision of this Code or other ordinance of the Borough of Fair Haven, 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 Borough 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.
Unlawful Solid Waste Disposal. The Governing Body may prescribe that for the violation of an ordinance or Code provision pertaining to unlawful solid waste disposal at least a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not exceeding $2,500 or a maximum penalty by a fine not exceeding $10,000.
The Borough of Fair Haven may prescribe that for the violation of any particular provision of this Code or of any particular 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.
The Court before which any person is convicted of violating any ordinance or Code provision shall have power to impose any fine, term of imprisonment, or period of community service not less than the minimum and not exceeding the maximum fixed in the Code or in such ordinance.
Any person who is convicted of violating this Code or any ordinance within one year of the date of a previous violation of the same provision of this Code or 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 or Code provision, but shall be calculated separately from the fine imposed for the violation of the ordinance or Code provision.
Any municipality that chooses not to impose an additional fine upon a person for a repeated violation of any municipal ordinance or Code provision may waive the additional fine by ordinance or resolution.
Any person convicted of the violation of any provision of this Code or any ordinance may, in the discretion of the court by which he was convicted, and in default of the payment of any fine imposed therefor, be imprisoned in the County Jail or place of detention provided by the municipality, for any term not exceeding 90 days, or be required to perform community service for a period not exceeding 90 days.
[Ord. No. 2014-17]
If the municipality chooses to impose a fine in an amount greater than $2,000 upon an owner for violations of housing or zoning codes the municipality shall provide 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 $2,000 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.
Editor's Note: Penalties under this section shall comply with N.J.S.A. 40:49-5.
If provided by specific ordinance, each and every day in which a violation of any provision of this Code or any other ordinance of the Borough of Fair Haven 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. At the discretion of the Judge of the Municipal Court, any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
It shall be the duty of the Municipal Clerk or someone authorized and directed by the Municipal Clerk to keep up-to-date the certified copy of the book containing "The Code of the Borough of Fair Haven, 2009" required to be filed in the office of the Clerk for the use of the public. All changes in the Code and all ordinances adopted by the Borough Council subsequent to the adoption of the Code, which the Borough Council shall adopt specifically as a part of this Code, shall, when finally adopted, be included therein by reference until such changes or new ordinances are printed as supplements to the Code, at which time such supplements shall be inserted therein.
Copies of the Code book containing the "Code of the Borough of Fair Haven, 2009" may be purchased from the Municipal Clerk upon the payment of a fee to be set by resolution of the Municipal Council, who may also arrange, by resolution, for procedures for the periodic supplementation thereof.
It shall be unlawful for anyone to improperly change or amend, by additions or deletions, any part or portion of the Code, or to alter or tamper with such Code in any manner whatsoever, which will cause the law of the Borough of Fair Haven to be misrepresented thereby.
[Added 11-23-2020 by Ord. No. 2020-13]
Pursuant to N.J.S.A. 54:4-3.30 et seq., all qualified 100% disabled veterans owning a taxable residential dwelling in the Borough of Fair Haven shall be eligible for a full 100% property tax exemption of their property tax bill following the completion of the necessary application materials to be filed with the Borough's Tax Assessor. Exemption will commence as of the first day of the month immediately following the day which such application is submitted and approved by the Borough Tax Assessor.
Pursuant to N.J.S.A. 54:4-3.32, it is the Borough's policy to only provide refunds of any property taxes paid between the first day of the month immediately following the approval of the application by the Borough Tax Assessor and the effective date of the tax exemption for the tax year in which a Veterans Administration determination is made.
Exception. Pursuant to N.J.S.A. 54:4-3.31, in the case of a surviving spouse as set forth in N.J.S.A. 54:4-3.30(b)(2) and (c), such exemptions shall be prorated by the Borough's Tax Collector for the remainder of any taxable year from the date the claimant shall have first acquired title to eligible real property in the Borough intended to be exempt by law.
If any subsection or paragraph of this section be declared unconstitutional, invalid or inoperative, in whole or in part, by a court of competent jurisdiction, such subsection or paragraph shall to the extent that is not held unconstitutional, invalid or inoperative remain in full force and effect and shall not affect the remainder of this section.
All ordinances and resolutions, and parts of ordinances and resolutions which are inconsistent with provisions of this section shall be, and are hereby, repealed to the extent of any such inconsistency.
This section shall take effect immediately after final adoption and approval pursuant to law.