Failure to comply with any provision of this chapter shall be considered a violation of this chapter and shall be punishable by a fine not exceeding $2,000, imprisonment for a period not exceeding 90 days and/or a period of community service not exceeding 90 days. Each date of such violation continuance shall be considered as a separate offense and shall be separately punishable. These penalties shall not be the exclusive remedy available and nothing in this chapter shall prevent the application for and obtaining of injunctive relief, as set forth below.[1]

In the event the court wishes to impose a fine in an amount greater than $1,250 upon an owner of real property for violations of housing or zoning codes of the Borough, then and in that event a thirty-day grace period shall be provided to said owner in order to cure or abate the violative condition, and said owner shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning said 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, the court determines that the abatement has not been substantially completed.[2]

In case any building or structure is erected, constructed, altered, repaired, converted, or maintained, or any building, structure or land is used in violation of this chapter, made under authority conferred hereby, the proper local authorities of the Borough or an interested party may institute legal action or proceedings to prevent such unlawful activities, to restrain, correct, or abate such violation, or to prevent occupancy or use.

If, before final subdivision approval has been granted, the landowner or agent transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, any land which forms a part of a subdivision for which municipal approval is required by this chapter, such persons shall be subject to penalty, not to exceed $1,000. Each lot disposition so made may be deemed a separate violation.

In addition to the foregoing, the Borough 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 N.J.S.A. 40:55D-56, but only if the Borough has so determined and has adopted by ordinance standards and procedures in accordance with N.J.S.A. 40:55D-38.

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 deposit, 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.