[Ord. #6-1989, § 1001 — 1002; Ord. #9-2004,
§ 1; Ord. No. 3-2006]
a.
In the event any structure or sign is erected, altered, converted or maintained; or any structure, sign or premises is used; in violation of the provisions of this chapter, the Borough or an interested party may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violation before a court of competent jurisdiction shall be subject to the penalty stated in 1, Section 1-5.
b.
If, before final subdivision approval has been granted, any person
as owner or agent 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 municipal approval is required by this chapter, such person
shall be subject to a penalty not to exceed $1,000 and each lot disposition
so made may be deemed a separate violation.
c.
Any person who is in violation of Section 22-1001a, who makes appropriate application for variance or other relief to the Board of Adjustment and/or Planning Board prior to December 31, 2004, shall have amnesty from any enforcement action by the Borough during the pendency of such application and subsequently if such application for variance or other relief is granted.
[Ord. #6-1989, § 1003]
In addition, the Borough may institute and maintain a civil
action:
a.
For injunctive relief; and
b.
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.
c.
In 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.
