Rumson City Zoning Code
§ 22-3.9
Violations and Penalties.
[Ord. No. 08-001D, § 2; Ord. No. 08-016G § II]
a.
For any and every violation of the provisions of this chapter, the applicant, subdivider, developer, owner, general agent or contractor of a building or premises where such violation has been committed or shall exist, and the lessee or tenant of an entire building or entire premises where such violations have been committed or shall exist, and the owner, general agency, contractor, lessee or tenant of any part of a building or premises in which part such violation has been committed or shall exist, and the general agent, architect, building contractor or any other person who commits, takes part or assists in such violation or who maintains any building or premises in which any such violation shall exist, shall, for each and every day that such violation shall exist, be subject to a fine of not more than $2,000 or be imprisoned for a term not exceeding 90 days or by a period of community service not exceeding 90 days.
Pursuant to N.J.S.A. 40:49-5, any municipality that chooses to impose a fine in an amount greater than $1,250 upon an owner for violations of housing or zoning codes shall provide a 30 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 30 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.
b.
It shall be a violation of the provisions of this chapter to:
1.
Engage in any of the activities referred to in subsection 22-3.4a prior to issuance of a development permit.
4.
After approval of a development permit, fail to follow, during construction, the approved site or subdivision plans and/or observe any and all conditions of approval contained in any resolution of the Municipal Agency.
6.
Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in conformance with approved plans or the conditions of any resolution of the Municipal Agency or of the development permit.
7.
Obtain any permit or approval or engage in any construction or site improvements on the basis of any plans or documents that are misrepresentative, intentionally misleading or negligently erroneous or inaccurate.
8.
Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, including any time limits imposed for such correction, of any work not in conformance with the approved plans or the conditions of any resolution of the Municipal Agency or of the development permit or any work undertaken on the basis of any plans or documents that are misrepresentative, intentionally misleading or negligently erroneous or inaccurate or pursuant to any permits or approvals issued on the basis of such plans or documents.
9.
After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of the Municipal Agency or of the development permit and/or any of the provisions or applicable design standards set forth in Sections 22-7, 22-8 and 22-9 of this chapter. The above shall not be construed to be an exhaustive list of those activities or actions or omissions which constitute violations of this chapter. Engaging in other activities prohibited by, or failure to engage in other activities required by, this chapter shall also be considered violations.
c.
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 conditioned on final subdivision approval, as owner or agent, any land which forms a part of a subdivision for which municipal approval is required by this chapter pursuant to N.J.S.A. 40:55D-1 et seq., such person shall be subject to a penalty not to exceed $1,000 and each lot so made may be deemed a separate violation.
In addition to the foregoing, the municipality may institute and maintain a civil action:
1.
For injunctive relief; and
2.
To set aside and invalidate any conveyance made pursuant to such a contract of sale provided a certificate as to the approval of subdivision has not been issued in accordance with this chapter.
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 or within six years, if unrecorded.
d.
If, after final approval, it is discovered that there was any misrepresentation of any statements or proofs contained in any plat or in any application for approval or in any representations made to induce approval, the Municipal Agency or the Borough Council may, in addition to such other sanctions as are available in the law, revoke the approval of any plat and proceed as if final approval had not been obtained.
Separate from fines and other sanctions available, the Borough may recover extraordinary costs of investigations, analysis and/or inspections occasioned by violations including, but not limited to, staff costs and services of experts and consultants and/or may require an escrow if it allows a developer to cure or mitigate a violation.
e.
If the developer or agent of the developer shall, after notification by certified mail from the Zoning Officer or Borough Engineer to cease the construction of improvements, cease the use of certain construction methods and procedures, or cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property; continue to carry on the activities specifically included in cessation order(s) from the Zoning Officer or Borough Engineer; then any such developer or agent of such developer shall be subject to the penalty stated in paragraph a above. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order shall be considered a separate and specific violation.