Township of Mannington, NJ Article III Penalty for Code Violations

[Adopted 7-6-2006 by Ord. No. 06-10]

§ 1-15 Violations and penalties; maximum fine; scope; construction.

A. Unless a specific penalty is provided by New Jersey Statute or is provided elsewhere in this Code or in other Township ordinances, any person, firm or corporation who or which shall violate any provision of this Code or any provision of any code or regulation adopted by reference therein or any order promulgated under such provision, code or regulation or by doing any act prohibited or declared unlawful or a violation thereof, or who shall engage in or exercise any business or occupation or do anything for which a license or permit is required thereby without having a valid license or permit therefor as required, or who shall fail to do any act required by any such provision or when such provision declares such failure to be unlawful or a violation shall, upon conviction, be punishable by a fine not exceeding $2,000 or imprisonment for a term not exceeding 90 days, or by a period of community service not exceeding 90 days, or any combination thereof in the discretion of the Municipal Court.

B. Unless otherwise provided, each day any violation of any provision of this Code or of any ordinance shall continue shall constitute a separate and distinct offense.

C. The imposition of a fine or imprisonment as punishment for a violation of the Code or of any other ordinances of the Township shall not be deemed to be in lieu of any other provision therein providing for revocation or suspension of any license or permit issued thereunder.

D. In the event that the Judge of the Municipal Court determines to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the owner shall first be afforded a thirty-day period in which to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of 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 the court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

E. The provisions of this section shall be applicable to the violation of any ordinance adopted as an amendment of, or addition to, the Code of the Township of Mannington in which no other penalty provision is included.