[Amended 7-7-1977; 2-20-2008 by Ord. No. 5-2008]
A.Â
The applicant be responsible for the installation
and construction of all required measures set forth in the approved
plan. The Borough Engineer or Construction Official shall inspect
the site during its preparation and development and certify that all
measures have been constructed in accordance with the provisions of
the applicant's approved plan under this chapter.
B.Â
If the Borough Engineer or Construction Official finds
any existing conditions not as stated in any application, he may refuse
to approve said work. Where any violation of this chapter has occurred,
the Construction Official shall cause to be served notice upon the
owner or person violating this chapter, either personally or by certified
or registered mail, to abate, cease and desist and correct the violation
of this chapter within five days. Said period of time may, for good
cause, be extended by the Construction Official. The Construction
Official may require said owner or person violating the provisions
of this chapter to restore the land to its condition prior to the
violation, including but not limited to such matters as replacement
or removal of soil, the planting of appropriate cover and/or trees,
restoring grades and contours and correcting any problems on or off
the property created by the violation of this chapter. Any work required
to be performed hereunder shall be in accordance with a plan as required
by this chapter.
C.Â
In addition to the provisions of Subsection B, the Construction Official may, where he deems it necessary to protect the health and welfare of the residents of the Borough of Hopatcong, immediately issue a stop-work notice, which shall be effective until rescinded. If, after five days, or the time period to which extension for correction thereof was granted by the Construction Official for compliance with the provisions of this chapter has expired, the violation still exists, the Construction Official shall file a complaint in the Municipal Court of the Borough of Hopatcong against the owner, his agent, or any person or corporation perpetrating said violation, and shall prosecute such complaint to terminate and correct said violation before the Borough Magistrate. In addition thereto, upon the express authority of the Mayor and Council and with the advice and assistance of the Borough Attorney, the Construction Official may file in the Superior Court a complaint for injunctive relief to terminate and correct said violation or seek any other appropriate legal or equitable remedy so authorized.
