[New]
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.
Shall mean the Municipal Clerk duly appointed pursuant to
law.
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.
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.
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.
Shall mean next before and next after respectively.
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.
[N.J.S.A. 40:49-5]
a.
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.
b.
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.
[N.J.S.A. 40:49-5]
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.
[N.J.S.A. 40:49-5]
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.
[N.J.S.A. 40:49-5]
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.
[N.J.S.A. 40:49-5]
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.[1]
[1]
Editor's Note: Penalties under this section shall comply with
N.J.S.A. 40:49-5.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
[New]
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.
a.
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.
b.
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.
