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Toms River City Zoning Code

§ 348-3.11

Violations and penalties.

A. 
For any and every violation of the provisions of this chapter, including construction that is not authorized by a zoning permit required under this chapter, a notice of violation shall be issued by an authorized enforcement officer of the Township stating a period for compliance of 10 business days or more, subject to the discretion of the enforcement officer. If compliance has not been achieved to the satisfaction of the enforcement officer, the 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 agent, 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 continues beyond the compliance period, be subject to a minimum fine of $100 for the first offense and a minimum fine of $200 for every subsequent offense and shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day a violation of this chapter shall exist shall constitute a separate violation.
[Amended 5-13-1992 by Ord. No. 2911-92; 6-29-2010 by Ord. No. 4270-10; 10-23-2018 by Ord. No. 4607-18]
B. 
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 P.L. 1975, c. 291, such person shall be subject to a penalty not to exceed $1,000, and each lot disposition so made may be deemed a separate violation. In addition to the foregoing, the municipality may institute and maintain a civil action for injunctive relief and to set aside and invalidate any conveyance made pursuant to such a contract of sale if a certificate of compliance has not been issued in accordance with § 348-3.7B of 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, to 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.
C. 
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 Planning Board or the Township Committee 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.
D. 
If the developer or agent of the developer, after notification by certified mail from the Township Engineer, fails to cease the construction of improvements, fails to cease the use of certain construction methods and procedures or fails to cease the use of or lack of use of site maintenance methods and procedures which may result in hazards to life, health or property, or continues to carry on the activities specifically prohibited in the cessation order(s) of the Township Engineer, then any such developer or agent of such developer shall be subject to the maximum fines and penalties established under N.J.S.A. 40:49-5, and as same shall be amended from time to time. Each and every day that a developer or agent of a developer operates in violation of this chapter after issuance of a cessation order by the Township Engineer shall be considered a separate and specific violation.
[Amended 6-29-2010 by Ord. No. 4270-10]
E. 
Enforcement of conditions in a development approval.
[Added 6-29-2010 by Ord. No. 4270-10]
(1) 
In the event that the Construction Official, Zoning Officer or Code Enforcement Officer of the Township shall determine that any condition contained in a resolution or court order approving an application for development or any condition shown on any map that is part of a development approval is being violated, he/she shall notify the property owner, in writing, of his/her findings and order that the violation be corrected within 30 days of the notice. Conditions contained in a resolution approving an application for development and conditions shown on any map that is part of a development approval shall be deemed to be continuing conditions, and the property owner or subsequent transferees of the real property shall be responsible for the maintenance, replacement and repair of any improvements required by such conditions, including, but not limited to, the replacement of any required plantings which fail to survive.
(2) 
A property owner shall have the right to appeal the determination of the Construction Official, Zoning Officer or Code Enforcement Officer to the Division of Law by filing a written appeal with the Township Clerk no later than the expiration of the thirty-day period provided in the notice. Upon receipt of the appeal, the Division of Law shall establish a hearing date. The thirty-day period provided in the notice shall be tolled from the date of receipt of the notice of appeal by the Township Clerk until the date of the determination of the appeal by the Division of Law. The Division of Law may, as part of its determination of the appeal, allow a greater number of days to correct the violation.
(3) 
If the property owner fails to correct the violation within the time provided in the notice, or within such further time as may be allowed by the Division of Law in the event of an appeal, the Division of Law may order that the violation be corrected at the property owner's expense and may revoke the certificate of occupancy or certificate of approval for the property and require that it be vacated. If the Division of Law expends money to correct the violation, the amount of the expenditure shall become a lien on the real property and be subject to collection in the same manner as real property taxes.
(4) 
Any person or entity who fails to correct a violation after receiving written notice thereof and expiration of the time period in the notice shall be subject to the fines and penalties established in Subsection A above.
F. 
All zoning requirements shall be met at the time of any erection, enlargement, moving or change in use. If a new structure is added to an existing complex of structures or if an existing structure has an addition, the site plan provisions of this chapter shall apply to the enlargement or new structure.
[Added 12-26-2017 by Ord. No. 4569-17]