South Bound Brook City Zoning Code
§ 34-36.2
Violations and Penalties.
[Ord. 3/12/74, § 1802; Ord. 1/13/87, § 1802; 4-14-2026 by Ord. No. 2026-006]
a.
Mandatory immediate penalty; failure to obtain zoning permit. Any person who undertakes any activity or use requiring a zoning permit pursuant to this chapter without first obtaining such permit shall be subject to a mandatory immediate penalty as set forth in subsection 34-15.10. The imposition of this penalty shall be automatic upon confirmation of the violation, regardless of whether the violation is later corrected. A separate offense shall be deemed committed for each day the activity continues without the required zoning permit. No opportunity for abatement, cure, or dismissal shall apply to such offense.
b.
Non-abatable - court-enforced violations.
1.
For all other non-abatable zoning violations not covered by paragraph a, enforcement shall proceed through the issuance of a summons and formal legal action. Such violations include, but are not limited to, the following:
(a)
Use of property inconsistent with permitted uses in the zone;
(b)
Construction or expansion of a principal building or structure without zoning approval;
(c)
Change of use without zoning permit or variance approval;
(d)
Failure to obtain required land use board approvals;
(e)
Expansion of a nonconforming use or structure without appropriate relief.
2.
Each day the violation continues shall constitute a separate and distinct offense. Court appearance may be required at the discretion of the enforcement officer.
c.
Abatable offenses:
1.
For all other violations of this chapter not covered by paragraph a above, the responsible party shall have 30 days from the date of written notice — served by certified mail, return receipt requested, or personal service — to abate the violation, except as otherwise specified herein for violations that can be readily corrected. Failure to abate within the applicable time period shall result in the issuance of a summons and a penalty as set forth in Chapter 1, Section 1-5. Each day the violation continues beyond the notice period shall constitute a separate and distinct offense.
2.
Abatable zoning violations include, but are not limited to:
(a)
Display or erection of unpermitted signs: 48 hours;
(b)
Placement or installation of readily removable structures or equipment, including but not limited to trailers, storage containers, dumpsters, portable toilets, tents, or similar items, without required zoning approval: 10 days;
(c)
Placement of accessory structures or site improvements, including but not limited to sheds, fences, pools, decks, generators, HVAC equipment, patios, or other improvements located in violation of required setbacks, yard locations, height limits, or other dimensional standards, which can reasonably be removed, relocated, or modified to achieve compliance: 30 days.
d.
Court appearance: A court appearance shall not be required where the penalty may be satisfied through payment. However, the enforcement officer may compel a court appearance where deemed necessary to achieve compliance or in cases of repeat or egregious violations.
