Lakehurst City Zoning Code
§ 25-39
VIOLATIONS AND PENALTIES.
[Ord. No. 11/78; Ord. No. 5/24/82 § A XVI]
a.
Failure to comply with any provision of this chapter shall be considered a violation of the chapter and shall be punishable by a fine of $500 or 90 days in jail, or both. Each date of such violation continuance shall be considered as a separate offense and shall be separately punishable.
b.
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.
c.
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 or of any other ordinance or other regulation made under authority conferred hereby, the proper local authorities of the municipality or an interested party, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of the building, structure or land, to prevent any illegal act, conduct business or use in or about such premises.
d.
If, before final subdivision approval has been granted, any person transfers or sells or agrees to transfer or sell, except pursuant to an agreement expressly conditioned on final subdivision approval, as owner or agent, 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 and each lot disposition so made may be deemed a separate violation.
e.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1.
For injunctive relief, and
2.
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. 40:55D-56, but only if the municipality (1) has so determined and (2) has adopted by ordinance standards and procedures in accordance with N.J.S. 40:55D-38.
f.
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 deposits made 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 the land or within six years, if unrecorded.