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Milltown City Zoning Code

§ 34-39.2

Violations and Penalties.

[Ord. No. 919 Art. XIX]
a. 
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 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 any illegal act, conduct, business or use in or about such premises.
b. 
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 conditional on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by ordinance pursuant to this chapter, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation as per N.J.S.A. 40:44D-55.
c. 
In addition to the foregoing, the municipality 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-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 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 said land, within six years, if unrecorded.
d. 
Penalties. For violation of any zoning provision of this chapter. If the Borough Council chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes, the Borough shall provide a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition which is in violation 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. (N.J.S.A. 40:49-5)
e. 
Minimum Penalty. For any violation of any provision of this chapter, a minimum penalty shall be imposed which shall consist of a fine which may be fixed at an amount not less than $100 for each day of nonconformance with the provision of this chapter.
f. 
Separate Violations. Except as otherwise provided, each and every day in which a violation of any provision of this chapter exists shall constitute a separate violation.