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Tenafly City Zoning Code

§ 35-807.12

Penalties.

[Ord. No. 97-29 § 807K]
Any person who shall undertake any activity in relation to a landmark or improvement within a landmark district without first having obtained a Certificate of Appropriateness, shall be deemed to be in violation of this section.
a. 
Service of Notice of Violation. Upon learning of the violation, the Construction Code Official shall personally serve upon the owner of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Borough with the notice, a copy of the notice shall be posted on the site in question and a copy be sent by certified mail, return receipt requested, to the owner at his last known address as it appears on the Borough tax rolls.
b. 
Issuance of Summons and Complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site in question whichever is earlier, the Construction Code Official shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter. Each separate day the violation exists shall be deemed to be a new separate violation of this chapter.
c. 
Penalties. Any person or persons who violate or who permit, take part or assist in any violation of this section shall for each and every violation thereof, and for each and every day that such violation thereof continues to be subject to a fine of not more than $1,000 or be subject to imprisonment in the municipal or County jail for a period not exceeding 90 days or both in the discretion of the Judge of the Municipal Court before whom such conviction shall be had.
d. 
Injunctive Relief. In the event that any action which would permanently and/or adversely change the landmark district, such as demolition or removal is about to occur without a Certificate of Appropriateness having been issued, the Construction Code Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any landmark.