[Ord. No. 642; readopted by Ord. No. 2020-1235]
a. 
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 approval is required by ordinance pursuant to this act, such persons shall be subject to a penalty not to exceed $1,000.00 and each lot disposition so made may be deemed a separate violation.
b. 
In addition to the foregoing, Borough may institute and maintain a civil action:
1. 
For injunctive relief; and
2. 
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 Borough (1) has a Planning Board and (2) has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38
c. 
In any such action, the transferee, purchaser or grantee shall be entitled to a lien upon the portion of the land, from which the subdivision was made that remains in the possession of the developer or his assigns or successors, to secure the return of any deposits made or purchase price paid, and also, a reasonable search fee, survey expense and title closing expense, if any. Any such action must be brought within 2 years after the date of the recording of the instrument of transfer, sale or conveyance of said land or within 6 years, if unrecorded.
[Ord. No. 2006-1027]
a. 
Injunctive relief.
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 act or of any ordinance or other regulation made under authority conferred hereby, the proper local authorities of the Borough 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 said building, structure or land, to prevent any illegal act, conduct, business or use in or about such premises.
The maximum penalty upon conviction of the violation of any provision of this Ordinance shall be one or more of the following: a fine not to exceed $2,000, imprisonment in the County Jail for a period not to exceed 90 days, and/or a period of community service not to exceed 90 days; provided, however, the maximum fine for an owner for violations of housing or zoning codes shall not exceed $1,250. Each and every day upon which a violation of any provision of this Ordinance exists shall constitute a separate violation.
The owner of any building or structure, lot or land, or part thereof, and/or the tenant or occupant of any building or structure, lot or land, or part thereof, where anything in violation of this Ordinance shall be placed or shall exist, or be suffered, allowed or permitted to exist, and any architect, builder, developer, contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation, and upon conviction thereof shall be each liable to the fine or imprisonment, or both, specified in subsections 30-1201.1 and 30-1201.2, above.
The penalties provided in this Article are additional to any other remedies available to the Borough of Manville or to residents or property owners of the Borough of Manville who may be affected by any violation of this Ordinance by law.
Whenever it shall come to the attention of the Planning Board, that action was taken by the Board based upon fraud or misrepresentation by or on behalf of the applicant as to a material fact, the Board shall have the right to re-open the hearing on the application with at least 10 days' notice to the applicant, and the applicant shall show cause at such hearing as to why the Board should not rescind its previous action and/or order revocation of any approval, permit, or certificate theretofore granted upon such fraud or misrepresentation. The rights of rescission and revocation set forth in this paragraph shall be in addition to the right to proceed under the other paragraphs of this Section.