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Montgomery City Zoning Code

§ 16-15.8

Violations.

[Added 12-19-2024 by Ord. No. 24-1746]
a. 
Violations. Any development in any flood hazard area that is being performed without an issued floodplain and/or municipal permit(s) or that is in conflict with issued permit(s) shall be deemed in violation. A building or structure without the documentation of elevation of the lowest floor, other required design certifications, or other evidence of compliance required by the building code is presumed to be a violation until such time as that documentation is provided.
b. 
Authority. The Floodplain Administrator is authorized to serve notices of violation or stop-work orders to owners of property involved, to the owner's agent, or to the person or persons doing the work for development regulated by these regulations and that is determined to be a violation. Violations pertaining to the scope of the Uniform Construction Code shall be issued by the Construction Official.
c. 
Unlawful continuance. Any person who shall continue any work after having been served with a notice of violation or a stop-work order, except such work as that person is directed to perform to remove or remedy a violation or unsafe condition, shall be subject to penalties as prescribed by N.J.S.A. 40:49-5 as appropriate.
d. 
Review period to correct violations. A 30-day period shall be given to the property owner as an opportunity to cure or abate the condition. The property owner shall also be afforded an opportunity for a hearing before the court for an independent determination concerning the violation. Subsequent to the expiration of the 30-day period, a fine of $2,000 under N.J.S.A. 40:49-5 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