Oaklyn City Zoning Code
ARTICLE XVIII
Violations, Penalties and Remedies
§ 125-78 Violations.
Failure to secure a special exception or variance previous to the erection, construction, extension or addition to a building or failure to secure an occupancy permit shall be a violation of this chapter.
§ 125-79 Notice of violation.
[Amended 3-12-2002 by Ord. No. 1-02]
A.
Enforcement. Whenever a Borough official charged with enforcement of this chapter determines that there is or has been a violation of any provision of this chapter, notice of such violation shall be given to the person, persons or entities listed as owners of the subject property on the records of the Borough Tax Assessor in accordance with Subsection B below. The notice shall direct that the violation be removed, abated, cured, prevented or desisted within 10 days of the date of service of the notice, exclusive of the date of service, or summons issued for such violation. A Borough official charged with enforcement of this chapter may extend the time for compliance with the violation for not more than 30 additional days, provided that, in his judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonably be effected within the ten-day period. In the event that the violation is not abated, removed, cured, prevented or desisted from or otherwise fully remedied within the specified period as set forth in the notice, a summons may then be issued by a Borough official charged with enforcement of this chapter against the person, persons, entity or entities so notified.
B.
Service of notice.
(1)
In the event of a violation of this chapter, notice of said violation shall be served upon the property owner of the subject property as determined from the records of the Borough Tax Assessor, either personally or by mail. In the event of service by mail, it shall be made by registered or certified and by regular mail. Service by mail shall be considered valid unless all of the mailings are returned by the post office. If all of the mailings are returned undeliverable, service shall be accomplished by posting the notice at the subject property.
(2)
Personal service of the notice is valid upon personal service of the violation notice upon a member of the family of the subject property owner over 14 years of age residing in the same dwelling as the owner.
(3)
In the event that personal service cannot be made, or in the event that service by certified mail is not accepted, service shall be accomplished by a Borough official charged with enforcement of this chapter or his designee by posting said notice in a conspicuous place on the premises.
§ 125-80 Penalties.
[Amended 3-12-2002 by Ord. No. 1-02]
Except as may be provided in New Jersey statute, any person or persons, partnership or corporation violating any of the provisions of this chapter shall be subject to a fine not to exceed $1,000, imprisonment in the county jail for a term not to exceed 90 days or a period of community service not to exceed 90 days, or any combination thereof, in the discretion of the court. Each day on which any of the provisions of this chapter shall be violated shall constitute a separate offense.
§ 125-81 Remedies.
[Amended 3-12-2002 by Ord. No. 1-02]
In addition, the Borough may institute and maintain a civil action for injunction relief to, inter alia, restrain any violation of this chapter, to correct or abate the same, to prevent occupancy of land in violation thereof, to prevent a conveyance in violation thereof or prevent any act in violation thereof or to set aside and invalidate any conveyance made without compliance with this chapter. The Borough shall also have all of the remedies afforded by N.J.S.A. 40:55D-55.