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Union Beach City Zoning Code

§ 13-3.10

Violations and Penalties.

a. 
General Fines.
1. 
For any and every violation for the provisions of this section, or the use of construction methods and procedures, site maintenance methods and procedures, or any other activities which may result in hazards to life, health or property, the developer, owner, agent, tenant or contractor or other person having control of the building or premises where such violation has been committed or shall exist, and any other person who commits, takes part in, assists, allows or suffers such violation to exist, shall for each and every day that such a violation continues be subject to a fine not less than $100 nor more than $2,000 for each offense or may be imprisoned in the county jail or another place of imprisonment or confinement for a term not exceeding 90 days or a period of community service not exceeding 90 days, or both.
2. 
If the code enforcement bureau official, borough engineer or other code enforcement officer chooses to impose a line in an amount greater than $1,250, the owner or agent or contractor or other person having control of the building or premises shall, upon notice by personal service or certified mail, have a period of not less than 30 days in which the owner, agent or contractor shall be afforded the opportunity to cease, cure or abate the condition constituting the violation. Subsequent to the expiration of the thirty-day period of a fine greater than $1,250 may be imposed if a court of competent jurisdiction has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.
3. 
The minimum penalty that shall be imposed for a violation of this section is a fine of $100. Each day that a violation occurs shall be deemed a separate and distinct violation.
4. 
Any person convicted of violating any provision of this section within one year of the date of a previous violation, which resulted in a conviction, shall be sentenced to an additional fine or other penalty as a repeat offender. The additional fine imposed by the court for a repeat offense shall not be less than the minimum fine or exceed the maximum fine permitted by this section, but shall be calculated separately from the fine imposed for the violation of the section.
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 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 disposition 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 if a certificate of compliance has not been issued in accordance with subsection 13-3.6b 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, 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 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.