[HISTORY: Adopted by the Mayor and Council of the Borough of Mendham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-7-1999 by Ord. No. 15-99]
Pursuant to N.J.S.A. 40:49-4, the ordinances of the Borough of Mendham of a general and permanent nature adopted by the Mayor and Council of the Borough of Mendham, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp., and consisting of Chapters 1 through 216, together with an Appendix, are hereby approved, adopted, ordained and enacted as the "Code of the Borough of Mendham," hereinafter known and referred to as the "Code."
This ordinance and the Code shall supersede the 1974 Code of the Borough
of Mendham and all other general and permanent ordinances enacted prior to
the enactment of this Code, except such ordinances as are hereinafter expressly
saved from repeal or continued in force.
This ordinance shall take effect immediately upon passage and publication
according to law.
A copy of the Code in loose-leaf form has been filed in the office of
the Borough Clerk and shall remain there for use and examination by the public
until final action is taken on this ordinance; and, if this ordinance shall
be adopted, such copy shall be certified to by the Clerk of the Borough of
Mendham by impressing thereon the Seal of the borough, as provided by law,
and such certified copy shall remain on file in the office of the Clerk of
the borough, to be made available to persons desiring to examine the same
during all times while said Code is in effect.
Any and all additions, amendments or supplements to the Code, when passed
and adopted in such form as to indicate the intent of the governing body to
make them a part thereof, shall be deemed to be incorporated into such Code
so that reference to the "Code of the Borough of Mendham" shall be understood
and intended to include such additions and amendments. Whenever such additions,
amendments or supplements to the Code shall be adopted, they shall thereafter
be printed and, as provided hereunder, inserted in the loose-leaf book containing
said Code as amendments and supplements thereto.
The Clerk of the Borough of Mendham, pursuant to law, shall cause to
be published, in the manner required, a copy of this Adopting Ordinance in
a newspaper of general circulation in the borough. Sufficient copies of the
Code shall be maintained in the office of the Clerk for inspection by the
public at all times during regular office hours. The enactment and publication
of this Adopting Ordinance, coupled with availability of copies of the Code
for inspection by the public, shall be deemed, held and considered to be due
and legal publication of all provisions of the Code for all purposes.
It shall be the duty of the Clerk or someone authorized and directed
by the Clerk to keep up-to-date the certified copy of the book containing
the Code required to be filed in his or her office for the use of the public.
All changes in said Code and all ordinances adopted subsequent to the effective
date of this codification which shall be adopted specifically as part of the
Code shall, when finally adopted, be included therein by reference until such
changes or new ordinances are printed as supplements to said Code book, at
which time such supplements shall be inserted therein.
Copies of the Code, or any chapter or portion of it, may be purchased
from the Clerk, or an authorized agent of the Clerk, upon the payment of a
fee to be set by the Mayor and Council. The Clerk may also arrange for procedures
for the periodic supplementation of the Code.
[Amended 4-2-2007 by Ord. No. 3-07]
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 Mendham to be misrepresented thereby. Anyone violating this section or any part of this ordinance shall be subject, upon conviction, to the penalties provided in § 1-15 of this Code, in the discretion of the Judge imposing the same.
Each section of the Code and every part of each section is an independent
section or part of a section, and the holding of any section or a part thereof
to be unconstitutional, void or ineffective for any cause shall not be deemed
to affect the validity or constitutionality of any other sections or parts
thereof.
Each section of this ordinance is an independent section, and the holding
of any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
All ordinances or parts of ordinances of a general and permanent nature
adopted and in force on the date of the adoption of this ordinance and not
contained in the Code are hereby repealed as of the effective date of this
Adopting Ordinance, except as hereinafter provided.
The adoption of this Code and the repeal of ordinances provided for in § 1-12 of this ordinance shall not affect the following ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any ordinance adopted subsequent to 10-5-1998.
B.
Any right or liability established, accrued or incurred
under any legislative provision prior to the effective date of this ordinance
or any action or proceeding brought for the enforcement of such right or liability.
C.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision or any penalty,
punishment or forfeiture which may result therefrom.
D.
Any prosecution, indictment, action, suit or other proceeding
pending or any judgment rendered, prior to the effective date of this ordinance,
brought pursuant to any legislative provision.
E.
Any agreement entered into or any franchise, license,
right, easement or privilege heretofore granted or conferred.
F.
Any ordinance providing for the laying out, opening,
altering, widening, relocating, straightening, establishing of grade, changing
of name, improvement, acceptance or vacation of any right-of-way, easement,
street, road, highway, park or other public place or any portion thereof.
G.
Any ordinance or resolution appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing the issuance
and delivery of any bond or other instruments or evidence of the borough's
indebtedness.
H.
Ordinances authorizing the purchase, sale, lease or transfer
of property or any lawful contract, agreement or obligation.
I.
The levy or imposition of taxes, assessments or charges
or the approval of the municipal budget.
J.
The dedication of property or approval of preliminary
or final subdivision plats.
K.
All currently effective ordinances pertaining to the
rate and manner of payment of salaries and compensation of officers and employees.
L.
Any ordinance adopting or amending the Zoning Map.
A.
In compiling and preparing the ordinances for adoption
and revision as part of the Code pursuant to N.J.S.A. 40:49-4, certain grammatical
changes and other minor changes were made in one or more of said ordinances.
It is the intention of the Mayor and Council that all such changes be adopted
as part of the Code as if the ordinances so changed had been previously formally
amended to read as such.
B.
In addition, the changes, amendments or revisions as
set forth in Schedule A attached hereto and made a part hereof are made herewith,
to become effective upon the effective date of this ordinance. (Chapter and
section number references are to the ordinances as they have been renumbered
and appear in the Code.)[1]
[1]
Editor's Note: In accordance with § 1-14B, the chapters, articles and sections which were amended, added, deleted or adopted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 6-7-1999 by Ord. No. 15-99." Schedule A, which contains a complete description of all changes, is on file in the borough offices.
C.
Nomenclature changes. Throughout the Code, the following
nomenclature changes have been made:
(1)
References to the "Municipal Engineer" are changed to
"Borough Engineer."
(2)
References to the "Municipal Administrator" are changed
to "Borough Administrator."
(3)
References to the Water Department have been deleted.
(4)
References to the "Building Inspector" are changed to
"Construction Official."
[Adopted 4-2-2007 by Ord. No. 3-07]
A.
Maximum penalty. Whenever, under this Code or any rule,
regulation or order duly promulgated by an officer or agency of the Borough
by authority of this Code, any act is prohibited or declared to be unlawful,
or the doing of any act is required and no specific penalty is provided with
respect thereto, the violation of any such provision of the ordinance, rule,
regulation or order shall be punishable by one or more of the following:
B.
Where a fine in an amount greater than $1,250 is imposed
upon an owner for violations of housing or zoning codes, the owner shall be
provided 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 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.
C.
Separate violations. Except as otherwise provided, each
and every day in which a violation of any such provision of the ordinance,
rule or regulation exists shall constitute a separate violation.
D.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all, may
be appropriate for a particular case or a particular violation. This article
does not alter any minimum penalties stated.
E.
Amendments. In case of any amendment of or addition to
any section or chapter of this Code, the penalty provided for the violation
of such section or chapter shall also relate to the amendment or addition,
whether reenacted in the amendatory ordinance or not, unless such penalty
is specifically repealed or amended therein.
