Lodi City Zoning Code
ARTICLE XII
Penalties for Violations
§ 585-56 Violations and penalties.
A.
Every person or persons, association or corporation violating this chapter or any section or provision thereof or refusing or neglecting to comply with the provisions thereof (including violations of conditions and safeguards established in connection with grants of variances or special exceptions), shall be punished by a fine not in excess of $2,000, 90 days' imprisonment and/or 90 days of community service for each offense and in addition thereto shall be guilty of disorderly conduct, and the person or persons, association or corporation violating any of the provisions or parts of this chapter shall be and is hereby declared to be a disorderly person and to be prosecuted as such and, in addition, shall pay all costs and expenses incurred by the Borough of Lodi in prosecuting such violation. Each day such illegal use continues shall constitute a separate violation. The owner, general agent or contractor of a building or premises where a violation has been committed or shall exist, and the owner, general agent or contractor, lessee or tenant of any part of a building or premises in which a violation has been committed or shall exist, and the general agent, architect, builder, contractor or any other person who commits, takes part or assists in a violation may each be found guilty of a separate offense and suffer the penalties herein provided.
B.
When the Borough imposes a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, it shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the 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, it is determined that the abatement has not been substantially completed.
C.
Nothing herein contained shall prevent the Borough from taking such other lawful action as is necessary to prevent or remedy any violation.
§ 585-57 Correction of violation.
Any buildings constructed or located in violation of the restrictions and regulations then in effect for the district in which the building is located or is in violation of any of the other pertinent terms and provisions of this chapter shall be changed, altered, corrected or relocated by the person who constructed or located the building and by the owner of the land on which the building is situated so that the building and the premises of which it is a part shall conform with the restrictions and regulations established for the district. The change, alteration, correction or relocation of the building shall be initiated within 10 days after the Zoning Officer shall have served upon the person who constructed or located such building or the owner of the land on which the building is situated, or on both, an order in writing directing that such change, alteration, correction or relocation of building be initiated within 10 days and thereafter faithfully pursued to completion within a reasonable time. The Zoning Officer may serve the notice by delivering the same or a duplicate to the person to whom the order is directed or by forwarding the same or a duplicate by certified mail to the last-known post office address of the person and by posting a duplicate of the order on the building or premises.