Edison City Zoning Code
§ 37-54.9
Violations; Enforcement.
[1999 Code § 17.86.090]
a.
Violations; Defined. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties herein. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any person who shall undertake any activity without approvals required by this section shall be deemed to be in violation hereof.
b.
Notice of Violations. Upon learning of the violation, the administrative officer shall personally serve upon the owner of the property whereon the violation is occurring a notice describing the violation in detail, and giving the owner (10) days to abate the violation by restoring the building, structure, or site to its condition prior to the violation. If the owner cannot personally be served within the Township with said notice, a copy shall be posted on the property and a copy shall be sent, via certified mail, to the owner of record at the address listed on the official tax records of the Township.
c.
Injunctive Relief. In the event that the violation is not abated within ten (10) days of service or posting on site, whichever is earlier, the administrative officer shall cause to be instituted any appropriate action or proceeding to prevent such unlawful activity, to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or site, or to prevent any illegal act, conduct, business, or use in or about such premises as follows:
1.
If any person shall undertake any activity requiring a permit and report of the Commission without first having obtained approval, he or she shall be required to immediately stop the activity, apply for approval, and take any necessary measures to preserve the affected premises pending such approval. If the work is denied, he or she shall immediately restore the building, structure, object, or site to its condition prior to any such activity. The administrative officer is hereby authorized to seek injunctive relief regarding a stop action or restoration in the Superior Court of New Jersey, not less than ten (10) days after the delivery of notice pursuant to paragraph b. hereof.
2.
In the event of the threat of imminent action for which the necessary approvals have not been granted, and which action would permanently and adversely change a landmark or any building, structure, object, or site the administrative officer is empowered to apply to the Superior Court of New Jersey for injunctive relief as is necessary to prevent such actions.
d.
Penalties. In addition to the remedies provided above, a person convicted of a violation of this section before a court of competent jurisdiction shall be subject to penalties as follows:
1.
For each day up to ten (10) days, not more than one hundred ($100.00) dollars per day.
2.
For each day between eleven (11) and twenty-five (25) days, not more than two hundred fifty ($250.00) dollars per day.
3.
For each day beyond twenty-five (25) days, not more than five hundred ($500.00) dollars per day.