These rules, regulations and standards shall be considered the
minimum requirements for the protection of the public health, safety,
and welfare of the citizens of the Borough of Wildwood Crest. Any
action taken by the appropriate municipal agency, under the terms
of this Ordinance, shall give primary consideration to the above mentioned
matters and to the welfare of the entire community. However, if the
applicant or his agent can clearly demonstrate that, because of peculiar
conditions pertaining to his land, the literal enforcement of one
or more of these regulations is impracticable or will exact undue
hardship, the appropriate municipal agency may permit one or more
exceptions as may be reasonable and within the general purpose and
intent of the rules, regulations, and standards established by this
Ordinance.
[Ord. No. 1022 § 3; Ord. No. 1116 § 1]
A. For any and every violation of the provisions of this Ordinance but
excluding illegal or unsafe signs, the owner, contractor or other
person or persons interested as lessee, tenants or otherwise in any
building or premises where such violations have been committed or
shall exist and who refuse to abate such violation within 72 hours
after written or verbal notice has been provided. The Borough reserves
the right to immediately remove any sign determined to be a threat
to public health, safety or welfare.
B. This Ordinance shall be administered and enforced by the Zoning Officer
or any authorized representative of the Borough of Wildwood Crest
or any proper officer of the Borough of Wildwood Crest.
The Construction Official shall cause any site improvements,
building or structure to be inspected or examined and to order in
writing compliance with the terms of this Ordinance from a construction
standpoint. For purposes of such inspection, the Construction Official
shall have the right to enter any building or premises during reasonable
hours, subject to due process of law.
Zoning permits shall be issued by the Zoning Officer. Building
permits and certificates of occupancy as required by ordinance shall
be issued by the Construction Official.
[Ord. No. 1116 § 1]
Penalties shall be in accordance with N.J.S.A. 40:49-5 and any
amendments thereto. A person violating any of the provisions of this
Ordinance shall, upon conviction, be punished by a fine of not less
than $100 or more than $2,000 and/or by imprisonment for any term
not exceeding 90 days or by a period of community service not exceeding
90 days. For violations of any ordinance pertaining to unlawful solid
waste disposal, the minimum penalty shall not exceed $2,500 and the
maximum penalty shall not exceed $10,000.
The court before which any person is convicted of violating
any ordinance of this Borough 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 such ordinance.
Any person who is convicted of violating an ordinance within
one year of the date of a previous violation 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, but shall be calculated separately from
the fine imposed for the violation of the ordinance.
Any person convicted of the violation of 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 Borough for any
term not exceeding 90 days or be required to perform community service
for a period not exceeding 90 days.
If the Borough chooses to impose a fine in an amount greater
than $1,250 upon an owner for violations of housing or zoning codes,
it 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 $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.
If, before final subdivision approval has been granted, any
person, as owner or agent, transfers or sells or agrees to transfer
or sell any land which forms a part of a subdivision for which municipal
approval is required in accordance with the provision of this Ordinance,
except pursuant to an agreement expressly conditioned on final subdivision
approval, such person shall be subject to a penalty not to exceed
$1,000 and each lot disposition so made be deemed a separate violation.
In addition to the foregoing, the Borough may initiate and maintain
a civil action for injunctive relief and/or to set aside and invalidate
any conveyance made pursuant to such a contract or sale, if a certificate
of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.