[Ord. No. 130-88 § A19; Ord. No. 393-07 § 2; amended 7-8-2026 by Ord. No. 664-26]
Any person, firm or corporation that shall violate any of the provisions of this chapter or of any condition imposed upon a developer pursuant to this chapter shall, upon conviction, be liable to the fine as stated in Chapter 1, § 1-5. Each day that any such violation is found to exist shall constitute a separate offense. Nothing herein shall be construed as limiting the Borough of West Cape May from pursuing any other remedies available to it to correct any such violation nor shall anything herein be construed as requiring the Borough of West Cape May to pursue any such remedies instead of seeking the above designated penalties.
Any one who receives a development approval from a Land Use Board in the Borough of West Cape May is required to comply strictly with all terms and conditions of that approval, as embodied in the resolution of the Board setting forth that approval. Any one who violates any term, condition or provision of a development approval shall be subject to prosecution for a violation of this section in the West Cape May Municipal Court, and if convicted, shall be subject to the penalties set forth in Chapter 1, § 1-5 of this Code. Nothing in this section shall limit the Borough from pursuing any other remedy available to it to correct any such violation, or require the Borough to pursue those remedies before instituting prosecution under this section.
Any contractor, subcontractor, or builder hired pursuant to a development approval, zoning permit, variance approval, subdivision approval, site plan approval, or other approval issued pursuant to Chapter 27 of the Borough Code who pleads guilty, or has been adjudicated guilty, of violating any provision of Chapter 27 or any condition of approval imposed by the Borough's Land Use Board three times within a running five-year period shall be prohibited from performing work for hire within the Borough of West Cape May for a period of five years from the date of adjudication of the third offense.
For purposes of this section, contractor, subcontractor, or builder who violates a stop-work order, stop-construction order, or other enforcement order issued by the Borough and who either does not appeal such order or is unsuccessful in such appeal shall be deemed to have committed an adjudicated violation for purposes of this section.