§ 276-74. Violations and penalties.

A. 

Violations. In case any building or structure is erected, constructed, reconstructed, altered, moved or converted, or any building, structure or land is used in violation of, or contrary to, the provisions of this chapter, or any building, structure or land is used in violation of, or contrary to, any approved site plan and/or subdivision plat, including any conditions made thereto, the City may institute an action to enjoin or any other appropriate action or proceeding to prevent such erection, construction, reconstruction, alteration, conversion or use. However, nothing in this chapter shall be construed to restrict the right of any party to obtain a review by any court of competent jurisdiction according to law.

B. 

Penalties.

(1) 

Fines. Any violation hereunder shall be considered an offense punishable by a fine not to exceed $1,250 for each offense or imprisonment for a term not exceeding 90 days, or both. The following rules shall apply in determining responsibility for violations and penalties:

(a) 

The owner, general agent, contractor or occupant of a building, premises or part thereof where such a violation has been committed or does exist shall be guilty of such an offense.

(b) 

Any agent, contractor, architect, engineer, builder, corporation or other person who commits, takes part or assists in such violation shall be guilty of such offense.

(c) 

Each day that a violation continues after notification that it exists shall constitute a separate offense.

(d) 

The imposition of penalties herein shall not preclude the City or any other person from instituting an action to prevent an unlawful construction, reconstruction, alteration, repair, conversion, or use or to restrain, correct or abate a violation, or to prevent the illegal occupancy of a building, land or premises.

(2) 

Selling land before final subdivision approval.

(a) 

If, before final subdivision has been granted, any person, as owner or agent, transfers or sells or agrees to transfer or sell any land which forms a part of a subdivision for which municipal approval is required in accordance with the provisions of this chapter, except pursuant to an agreement expressly conditioned on final subdivision approval, 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.

(b) 

In addition to the foregoing, the City may institute and maintain a civil action:

[1] 

For injunctive relief.

[2] 

To set aside and invalidate any conveyance made pursuant to such a contract or sale if a certificate of compliance has not been issued in accordance with N.J.S.A. 40:55D-56.