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Southampton Township
City Zoning Code

12-8.5 Violations

penalties and remedies.

a. 
It shall be a violation of this chapter for any building or structure to be erected, constructed, altered, repaired, converted or maintained, or for any building, structure or land to be used, occupied, transferred or sold, except in conformity with the requirements of this chapter and any permits, certificates or authorizations as may be issued pursuant thereto.
b. 
It shall be a violation of this chapter for any property to be used in a manner not shown on the approved site plan.
c. 
All properties with approved site plans must be maintained in accordance with the approved site plan for the period of all performance and maintenance bond coverage, including, but not limited to, the maintenance of the landscaping and lighting elements of the approved site plan. Whenever landscaping elements must be replaced, the replacement elements shall be of a size reasonably comparable to the elements that have survived and which do not require replacement.
d. 
Parking spaces shown on an approved site plan for automobile parking are not to be used for trucks or other oversized vehicles. Trucks and other oversized vehicles shall be parked only where specifically provided for on an approved site plan.
e. 
The Township of Southampton, in addition to other remedies, may prosecute any violation of this chapter by filing a complaint against the alleged violator in Southampton Township Municipal Court.
f. 
Any person who shall be adjudged by the Southampton Township Municipal Court to have violated any provision of this chapter shall be subject to the penalty set forth in this subsection, except that the maximum daily fine for each violation shall be $1,000.
g. 
In addition to the remedies set forth above and in addition to other remedies, the Township of Southampton and/or any interested party may initiate an appropriate action or proceeding to prevent any unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use; to restrain, correct or abate any violation; to prevent the occupancy of any building, structure, or land; or to prevent any illegal act, conduct, business or use in or about the premises.
h. 
Procedure for the Recovery of the Costs of Abatement and Correction of Violations.
1. 
Where a violation of this chapter or the regulations hereunder is found to exist, a written notice from the Administrative Officer shall be served on the person or persons responsible for the correction thereof.
2. 
The notice shall specify the violation or violations committed, what must be done to correct the violations, a reasonable period of time, not to exceed 30 days, to correct or abate the violation, the right of the person served to request a hearing, and that the notice shall become an order 10 days after service unless a hearing is requested. The notice shall also advise the recipient that if the violation is not corrected or abated, the Township may do it, the costs of which shall become a lien on the subject property.
3. 
Notice may be served personally or by mail with postage prepaid, addressed to the last known address of the person to be served. The "last known address" shall be the address of the owner as shown in the office of the Tax Collector. If the last known address cannot be ascertained, service may be accomplished by printing the notice in the newspaper designated for official notices of hearings under this chapter at least one time. Service upon any owner, operator or occupant may also be attained by service of any notice upon a member of the family over 14 years old of the owners, operator or occupant. The date of service of notice shall be determined where service is by mail as of the day following the day of mailing of notices to addresses within the Township, and as of the third day after the day of mailing for notices to addresses outside the Township. Where the day of service would fall upon a Sunday or other day where mail is not ordinarily delivered, then the day of service shall be the next regular delivery day.
4. 
Ten days after the date of service of a notice, the notice shall constitute a final order unless any person affected by the notice requests a hearing thereon, serves a written request within the ten-day period in person or by mail on the Township Administrator. The request for a hearing shall set forth briefly the grounds or reasons on which the request for a hearing is based and the factual matters contained in the notice of violation which are to be disputed at the hearing. The Township Committee, upon receipt of the request shall within 30 days therefrom and upon five days' notice to the party aggrieved hold the hearing.
5. 
At any hearing the Township Committee shall be vested with all the powers provided by law to compel the attendance of witnesses and parties in interest by issuance and service of subpoena, to require by subpoena the production of books, records or other documents at any hearing which may be pertinent to matters to be determined and to enforce any subpoena or secure any order for the enforcement of any subpoena as provided by law. A determination shall be made within 15 days from the completion of the hearing. The Township Committee shall issue an order either incorporating the determinations and directions contained in the notice, modifying the notice or withdrawing the notice.
6. 
The Township Administrator or the Township Committee may extend the time for correction or abatement of the violations for an additional period of time not to exceed 60 days, except where major capital improvements or renovations are involved, in which instance the time for completion may be extended for a period not to exceed 180 days beyond the expiration date of the original notice.
7. 
Where the violation or condition existing on the premises are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, the Township Committee may either abate the violation or condition immediately or order the owner, operator or occupant to correct the violation or condition immediately within a period of time not to exceed three days, and upon failure to do so, the Township Committee may abate the condition immediately thereafter.
8. 
Where abatement of any nuisance, correction of a defect in the premises or the maintenance of the premises in a proper condition as to conform to this chapter, an approved site plan, other Township ordinances or State law requires expending Township monies therefor, the enforcing officer shall present a report of work proposed to be done to accomplish the foregoing to the Township Committee with an estimate of the costs along with a summary of the proceedings undertaken to secure compliance including notices served upon the owners, operators, lessors or agents, as the case may be, and hearing and orders of the Township Committee. The Township Committee may thereupon order the abatement of the nuisance, correction of the defect or work necessary to place the premises in proper condition and in compliance with ordinances of the Township and laws of the State. The enforcing officer may thereafter proceed to have the work performed in accordance with the order at Township expense not to exceed the amount specified in the order, and shall upon completion thereof submit a report of the monies expended and costs to the Township Committee. After review of the same, the Township Committee may approve the expenses and costs whereupon they shall become a lien against the premises collectible as provided by law for the collection of tax liens. A copy of the resolution approving the expenses and costs shall be certified by the Township Clerk and filed with the Tax Collector of the Township who shall be responsible for the collection thereof, and a copy of this resolution shall be sent by certified mail to the owner at the last known address of the owner as shown on the tax records of the Township.