A.
It shall be the duty of the Zoning Officer, Code Enforcement
Official or the Zoning Officer's designated representative to administer
and enforce the provisions of this chapter. No construction permit
shall be issued for any construction exceeding $200 in cash value
until the application therefor has been reviewed by the Zoning Officer
and the Zoning Officer has executed a written approval stating that
the proposed construction does not violate the terms of this chapter.
It shall be the duty of the Zoning Officer to keep a record of all
such approvals, which data shall form a part of the Township public
records.
B.
It shall be the duty of the Zoning Officer, Code Enforcement
Official or the Zoning Officer's designated representative to inspect
the structures and land in the Township. When any violation of this
chapter shall be found by the Zoning Officer, the Zoning Officer shall
serve written notice of the violation by registered mail or personal
service upon the owner. In the event that the owner shall fail to
abate the violation within 10 days of the service of such notice,
the Zoning Officer shall file a complaint in the appropriate court
of competent jurisdiction and furnish a copy of the report to the
Township Committee.
C.
A construction permit issued in accordance with the
foregoing provisions, in which no construction has been undertaken
above the foundation walls within one year from the time of issuance,
shall expire.
In case any building or structure is erected,
constructed, reconstructed, altered, moved or converted; or any building,
structure or land is used in violation of or contrary to the provisions
of this chapter, the Township may institute an action to enjoin or
any other appropriate action or proceeding to prevent such erection,
construction, reconstruction, alteration, conversion or use. However,
nothing in this chapter shall be construed to restrict the right of
any party to obtain a review by a court of competent jurisdiction
according to law.
A.
Any person, firm or corporation that shall violate
any provisions of this chapter shall, upon conviction thereof by any
court authorized by law to hear and determine the matter, be fined
such sum not exceeding $1,000, as such court in its discretion may
impose; or, if the party so convicted is a natural person, such person
may be subject to a period of community service not to exceed 90 days
or may be imprisoned for such term not exceeding 90 days or may be
fined a sum not exceeding $1,000, or such natural person may be subject
to such community service or be imprisoned or fined not exceeding
the maximum limits set forth herein, as such court in its discretion
may impose. Each day that such violation exists shall constitute a
separate offense.
B.
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 chapter
shall be placed or shall exist or be suffered, allowed or permitted
to exist and any architect, builder, developer, contractor, agent,
person or corporation engaged in connection therewith and who assists
in the commission of such violation shall each be guilty of a separate
violation and, upon conviction thereof, shall each be liable to the
fine or imprisonment, or both, specified above.
A.
If, before final subdivision approval has been granted,
any person transfers or sells, except pursuant to an agreement expressly
conditioned on final subdivision approval, as owner or agent, any
land which forms a part of a subdivision, 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.
B.
In addition to the foregoing, the Township may institute
and maintain a civil action for injunctive relief and 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 Section 44 of Chapter 291 of the Laws of 1975.
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 two years after the date of the recording of the instrument
of transfer, sale or conveyance of said land or within six years if
unrecorded.
