[Adopted 6-23-1980 as Ch.
I, Sec. 1-5 of the 1980 Code; amended in its entirety 4-24-2006
by Ord. No. 05-06]
The penalty for a violation of any provision of this Code which refers
to this section or for which no other penalty is provided shall be as set
forth herein.
A.
The person, firm or corporation violating any provisions
of the Borough Code or any ordinance of the Borough of Mountain Lakes for
which no other penalty is provided shall be subject to imprisonment in the
county jail for a term not exceeding 90 days or by a period of community service
not exceeding 90 days or by a fine not exceed $2,000, or by any combination
thereof.
B.
There shall be a minimum penalty for the violation of
any provision of this Code or any Borough ordinance for which no other penalty
is provided of a fine of $100.
C.
The Court before which any person is convicting of violating
any ordinance covered by this section shall have the power to impose any fine,
term of imprisonment, or period of community service not less than the minimum
and not exceeding the maximum set forth in this section.
Any person who is convicted of violating any ordinance within one year
of the date of a previous violation of the same ordinance and who is fined
for the previous violation shall be sentenced by the Court to an additional
fine as a repeat offender. The additional fine imposed by the Court upon a
person for a repeat offense shall be not less than $100 nor more than $2,000,
but shall be calculated separately from the fine imposed for the violation
of the ordinance.
The maximum fine for the violation of any housing or zoning code shall
be $1,250 unless the owner is provided with a thirty-day period in which they
are given an opportunity to cure or abate the condition after being afforded
an opportunity for a hearing before the Court and an independent determination
concerning the violation. In the event the Court determines that the abatement
has not been substantially completed within the thirty-day period, a fine
not to exceed $2,000 may be imposed.
Each day that any Borough ordinance shall be violated shall be construed
to be a separate and distinct violation subjecting the person, firm, or corporation
convicted of violating the ordinance to separate and cumulative penalties
under this section.