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Ogdensburg City Zoning Code

§ 30-1004

PENALTIES.

[Ord. No. 02-10]
A. 
Fines and Penalties.
1. 
For violation of any provision of this chapter or other ordinance of the Borough of Ogdensburg, unless a specific penalty is otherwise provided in connection with the provisions violated, the maximum penalty upon conviction of the violation shall be one or more of the following: imprisonment in the County Jail or in any place provided by the municipality for the detention of prisoners, for any term not to exceed 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days, or any combination thereof in the discretion of the Municipal Court Judge.
2. 
Whenever a fine is to be imposed in an amount greater than $1,250 for violations of housing or zoning codes the owner shall be provided a thirty-day period during which the owner shall be afforded the opportunity to cure or abate the condition and shall be afforded the opportunity for a hearing before the Court 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 the Court has determined that the abatement has not been substantially completed. (N.J.S.A. 40:49-5)
3. 
The following individuals shall be subject to potential punishment:
a. 
The owner, general agent, contractor or occupant of a building, premises or part thereof where such a violation has been committed or does exist; and
b. 
Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in the violation.
4. 
Each day that violation continues shall constitute a separate offense.
5. 
The imposition of penalties herein shall not preclude the Borough or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building land or premises.
B. 
Injunctive Relief. In addition to the foregoing, the Borough may institute and maintain a civil action for injunctive relief.