[Added 5-17-2021 by Ord.
No. 21-09]
A. For any and every violation of the provisions of this chapter, including
construction, erection, structural alteration or enlargement of any
building or structure, or use of any land, building or structure in
violation of the provisions of this chapter, or not in accordance
with a resolution or plan approved by an approving authority, a detailed
notice of violation issued by an enforcement officer (Zoning Officer,
Code Enforcement Officer, or other member of the Community Development
Department as so directed by the Director of the Department) shall
be served upon the property owner, lessee, tenant, agent or any person
or corporation which lets such violation be committed or exist. The
notice must be sent by certified and regular mail to the last-known
address of the person or corporation, and shall provide a ten-or-more-day
period, subject to the discretion of the enforcement officer, in which
such person or corporation shall be afforded the opportunity to cure
or abate the violation. Service by mail is complete upon mailing,
and no additional notice shall be required for a violation of the
same regulation by the same person or corporation for which voluntary
compliance previously has been sought within two years from the date
of the original notice.
B. Subsequent to the expiration of the period to cure or abate the violation,
upon reinspection of the property, if it is determined that the abatement
has not been substantially completed, a summons shall be issued and
served via regular mail to the last known address of the owner, lessee,
tenant, agent or any person or corporation which failed to abate such
violation. Upon conviction, the person or corporation shall be subject
to a minimum fine of $100 for the first offense and to a maximum fine
not exceeding $2,000. Each and every day a violation shall exist shall
constitute a separate violation.
C. Any municipality that chooses to impose a fine in an amount greater
than $1,250 upon an owner for violations of housing or zoning codes
shall provide a thirty-day period in which the owner shall be afforded
the opportunity to cure or abate the condition and shall also be afforded
an opportunity for a hearing before a court of competent jurisdiction
for an independent determination concerning the violation. Subsequent
to the expiration of the thirty-day period, a fine greater than $1,250
may be imposed if a court has not determined otherwise or, upon reinspection
of the property, it is determined that the abatement has not been
substantially completed.
D. Any corporation or person who is convicted of violating this chapter
within one year of the date of a previous violation of the same ordinance
and who was fined for the previous violation, shall be sentenced by
a court to an additional fine as a repeat offender. The additional
fine imposed by the court upon a person or corporation for a repeated
offense shall not be less than $300 or exceed the maximum fine fixed
for a violation of this chapter.
E. If, after final approval of an application for development or zoning
permit, it is discovered that any application, or plan, or statement,
or any representations made to induce approval contained a misrepresentation
of any material facts or untrue statements, the approving authority
may, in addition to such other sanctions as are available by law,
revoke the approval and proceed as if final approval had not been
obtained.
F. If during the course of construction, a developer or agent of the
developer is served via certified and regular mail to the last known
address by the Zoning Officer, Code Enforcement Officer, or Township
Engineer with a cessation order, and fails to cease the construction
of improvements, or use of certain construction methods and procedures,
or 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), then any such developer or agent of such developer shall
be subject to the fines and penalties established by this chapter.
Each and every day that a developer or agent of a developer operates
in violation of the cessation order shall constitute a separate violation.