The Land Use Board shall have the right to revoke site plan
or subdivision approval theretofore given when the applicant, property
owner, successor property owners, their contractor(s) or other agent(s),
servant(s) and/or employee(s) deviate in a material and/or substantial
manner form the standards, conditions and/or requirements of site
plan or subdivision approval in the construction, maintenance and/or
development of the property, land or site or a portion of the same.
Notice of such deviation shall be given to the Chairman of the Land
Use Board by the Zoning Officer or Municipal Engineer, who shall thereafter
cause written notice of the charge to be served upon the developer
and/or property owner at the address shown by the tax assessment records
of the borough. The notice shall state that the Land Use Board shall
hold a hearing in order to determine whether site plan or subdivision
approval should be revoked because of the deviation from the standards,
conditions and/or requirements of site plan or subdivision approval.
The property owner may appear personally and participate at such hearing
and may be represented by an attorney-at-law. The hearing may be scheduled
not earlier than seven days after receipt of the written notice by
the Chairman nor later than 45 days after such receipt, provided that
the property owner and/or developer shall have at least five days'
notice of such hearing. Service by mail of the notice upon the property
owner shall be deemed to have been made upon deposit of a properly
addressed notice in the United States Mail.
In addition to the civil remedies herein, any person violating
the provisions of this chapter shall, upon conviction in the Municipal
Court of the Borough of Neptune City, be punished for each offense
by a fine not exceeding $500 or by imprisonment for a term not exceeding
90 days in the county jail or in any place provided by the Borough
of Neptune City for the detention of prisoners, or both. Each separate
provision of this chapter violated and each day on which any such
violation continues shall be considered a separate offense. The Municipal
Judge before whom any such person may be convicted of violating any
provision of this chapter shall have power to impose any fine or term
of imprisonment not exceeding the maximum fixed in this chapter.