West Cape May City Zoning Code
§ 27-19.10
Violations and Penalties; Restoration of Property; Injunctive Relief.
[Ord. No. 364-06 § 1; Ord. No. 378-07 § 1 Ord. No. 533-2018; 9-11-2024 by Ord. No. 640-24]
a.
Violations.
1.
Should any person undertake a qualified activity at an historic site or improvement within a historic district without first having obtained and posted a Certificate of Appropriateness or Permit for Minor Work, he shall be in violation of this § 27-19.
2.
Upon learning of a violation, the Zoning Officer or their designee shall personally serve upon the owner of the lot where the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by seeking review of the extent and proposed work by the Historic Preservation Commission.
3.
If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.
b.
Penalties. Any person who undertakes an activity affecting an historic site or improvement within a historic district without first having obtained a Certificate of Appropriateness or Permit for Minor Work, or without subsequent review by the Commission following discovery of the omission shall in addition to fines and penalties as set forth in § 1-5 of the West Cape May Code, be required to restore same to a condition consistent with its historic character and integrity, as approved by the Historic Preservation Commission.
c.
If, on three occasions, a contractor who undertakes an activity affecting an historic site or improvement within a historic district without first having obtained a Certificate of Appropriateness or Permit for Minor Work or without subsequent review by the Commission following discovery of the omission, shall have their mandatory permit revoked with the Borough of West Cape May.
d.
Injunctive Relief. Should any action that permanently and adversely change a historic site or historic district, such as demolition or removal, be about to occur without a Certificate of Appropriateness having been issued, the Zoning Officer may apply to the Superior Court of New Jersey for the injunctive relief necessary to prevent the injury to the site or district.
