Edison City Zoning Code
§ 37-67.5
Violations; Penalties.
[1999 Code § 17.104.050; Ord. No. O.1595-2007§ 4]
a.
Any owner or agent and any person or corporation who shall violate any of the provisions of this chapter or fail to comply therewith or with any of the requirements thereof, or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure, or who shall put into use any lot or land in violation of any detailed statement or plan submitted and approved hereunder shall be guilty of a violation. Each and every day such violation continues shall be deemed a separate and distinct violation.
b.
The owner of any building or structure, lot or land or part thereof where anything in violation of this chapter shall be placed and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who may have assisted in the commission of any such violation shall be guilty of a separate violation.
c.
Pursuant to N.J.S.A. 40:49-5, such person or persons who violate paragraph a. or b. above are liable, upon conviction, to the following:
1.
Imprisonment in the County jail or in any place provided by the municipality for the detention of prisoners for any term not exceeding ninety (90) days;
2.
(a)
The Municipal Court Judge may impose a fine not to exceed one thousand two hundred fifty ($1,250.00) dollars per sign.
(b)
In the event the Municipal Court Judge chooses to impose a fine greater than one thousand two hundred fifty ($1,250.00) dollars for each sign, the violator shall be provided a thirty (30) day period to cure or abate the condition and shall be afforded an opportunity for a hearing before a Municipal Court Judge for an independent determination about said violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than one thousand two hundred fifty ($1,250.00) dollars may be imposed for each sign if the Court has not determined otherwise or upon reinspection of the property, it is determined that the abatement has not been substantially completed.
3.
A period of community service not exceeding ninety (90) days.
d.
Any person who is convicted of violating an ordinance within one (1) year of the date of a previous violation of the same ordinance and who was fined for the previous violation shall be sentenced to an additional fine as a repeat offender. The additional fine imposed by the Court upon a person for a repeated offense shall not be less than a minimum fine of one hundred ($100.00) dollars or exceed the maximum fine fixed for a violation of the ordinance but shall be calculated separately from the fine imposed for violation of the ordinance.
e.
Any person convicted of the violation of any ordinance may, in the discretion of the Court by which he or she was convicted and in default of the payment of any fine imposed therefor, be imprisoned in the County jail or place of detention provided by this municipality for any term not exceeding ninety (90) days or be required to perform community service for a period not exceeding ninety (90) days.