§ 168-12. Violations and penalties., Chapter 168. Historic Preservation, Part II. General Legislation, Code of Ordinances, Fanwood

If any person shall undertake any activity vis-a-vis a landmark or improvement within an historic district without first having obtained a certificate of appropriateness, such person shall be deemed to be in violation of this chapter.

Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot wherein the violation is occurring a notice describing the violation in detail and giving the owner 10 days to abate the violation by restoring the landmark or improvement to its status quo ante. If the owner cannot be personally served within the Borough 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 his/her last known address as it appears on the Borough tax rolls. Copies of all such notices shall be sent to the Chairman of the Historic Commission.

In the event that the violation is not abated within 10 days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter. Each day after the 10 days may be considered a separate offense under this chapter. The Zoning Officer shall also notify the Chairman of the Commission of this action.

The penalty for violations shall be as follows:

(1)

For each day up to 10 days: not more than $25 per day.

(2)

For each day from 11 to 25 days: not more than $50 per day.

(3)

For each day beyond 25 days: not more than $75 per day.

(4)

In the case of a demolition without a certificate of appropriateness therefor, a violation shall be punishable by a fine not to exceed $2,000 and/or up to 90 days in jail, or both, or by a period of community service not exceeding 90 days.

[Amended 5-10-2005 by Ord. No. 05-10R; 6-13-2006 by Ord. No. 06-11R]

In the event that any action would permanently change adversely the landmark or historic district, such as demolition or removal about to occur without a certificate of appropriateness having been issued, the Zoning Officer is authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction or removal of any landmark. The Chairman of the Historic Preservation Commission shall be informed immediately of this action.

This chapter shall be enforced by the Zoning Officer or Construction Code Official of the Borough, but a complaint hereunder may be made by any member of the Commission.

Any person who is convicted of violating this chapter within one year of the date of a prior violation and who was fined for the prior violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter but shall be calculated separately from the fine imposed for violation of the chapter.