WEST AMWELL TOWNSHIP
ORDINANCE 19, 2011
AN ORDINANCE OF THE TOWNSHIP OF WEST AMWELL, COUNTY OF HUNTERDON, STATE
OF NEW JERSEY TO AMEND THE LAND USE REGULATIONS OF THE TOWNSHIP OF WEST AMWELL,
SPECIFICALLY CHAPTER 109-250 “OTHER VIOLATIONS” OF THE GENERAL ORDINANCES OF
THE TOWNSHIP.
Section I
CHAPTER 109-250 – Land Development, Article XLI “Violations and
Penalties”, of the Ordinances
of West Amwell Township, is hereby amended and replaced as follows:
A. Fines. Any owner, agent, person or
corporation who violates any of the provisions of this chapter or who fails to
comply with any of the requirements thereof or who erects, raises, moves,
extends, enlarges, alters or demolishes any structure in violation of any
detailed statement or plan submitted hereunder, or who puts into use any lot or
premises in violation of any detailed statement or plans submitted hereunder or
who refuses reasonable opportunity to inspect any premises, shall, upon
conviction, be subject to a fine of not less than $100 nor more than $2,000, a
term of imprisonment not exceeding 90 days or a period of community service not
exceeding 90 days, or any combination thereof, for each violation, and in
addition shall pay all costs and expenses involved in the case. Each day that
any such violation continues after the expiration of an abatement notice or
after initial construction, as the case may be, shall be deemed a distinct and
separate offense and not a continuing offense. Nothing herein contained shall
prevent the Township from taking such other lawful action as is necessary to
prevent or remedy any violation. The imposition of a fine in amount greater
than $1,250.00 upon an owner for violation of this ordinance shall provide for
a thirty (30) day period in which the owner shall be afforded the opportunity
to cure or abate the condition and shall also be afforded the opportunity for a
hearing in the municipal court for an independent determination concerning the
violation. Subsequent to the expiration of the thirty (30) day period, a fine greater than $1,250.00 (up
to a maximum of $2,000.00) may be imposed if the court has not determined
otherwise, or, upon reinspection of the property it is determined that the
abatement has not be substantially completed. (Reference N.J.S.A. 40:49-5.)
B. The owner of any structure, lot of land, or part thereof, and/or
the tenant or occupant of any building or structure, lot of land or part
thereof, where anything in violation of this chapter is placed or exists, and
any architect, builder, developer, contractor, agent, person or corporation
engaged or employed in connection therewith who assists in the commission of
such violation, shall each be guilty of a separate offense, and upon conviction
thereof shall each be liable to the fine or imprisonment, or both, as specified
in Subsection A above.
SECTION
II - SEVERABILITY
The
provisions of this Ordinance are severable, and the invalidity of any section,
subdivision, paragraph, or other part of this Ordinance shall not affect the
validity or effectiveness of the remainder of the Ordinance.
SECTION III
All other provisions of Chapter 109 – Land Development, of the Ordinances of West Amwell Township not modified herein shall remain unchanged and in full force and effect.
SECTION IV
This ordinance may be renumbered for codification purposes.
SECTION V
This Ordinance shall take effect
immediately upon final passage, publication according to law, and filing with
the Hunterdon County Planning Board.
APPROVED BY TOWNSHIP COMMITTEE
___________________________________________
Thomas J. Molnar, Mayor
ATTEST:
________________________________________
Lora L. Olsen, RMC
Township Clerk
NOTICE OF PENDING ORDINANCE
The Ordinance published herewith was introduced and passed on first reading at a meeting of the governing body of the Township of West Amwell, in the County of Hunterdon, State of New Jersey, held on October 26, 2011. It will be further considered for final passage, after public hearing thereon, at a meeting of the governing body to be held in the municipal building, 150 Rocktown-Lamb. Rd., Lambertville NJ on November 23, 2011 at 7:00 p.m. All interested parties will be heard at this time.