A.
Any person violating any of the provisions of this chapter shall,
upon conviction thereof, be subject to the penalties herein. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues. Any person who shall undertake any
activity without approval required by this chapter shall be deemed
to be in violation of this chapter.
B.
Upon learning of the violation, the administrative officer shall
personally serve upon the owner of the property whereon the violation
is occurring a notice describing the violation in detail and giving
the owner 10 days to abate the violation by restoring the site or
improvement to the condition it was in prior to the violation. If
the owner cannot be personally served notice within the City of Hoboken,
a copy shall be posted on the site and a copy sent to the owner at
his or her last known mailing address.
C.
In the event the owner does not begin to abate the violation as set
forth in this section, the administrative officer shall cause to be
instituted any appropriate action or proceeding to prevent such unlawful
activity; to restrain, correct or abate such violation; to prevent
the occupancy of said building, structure or land; to prevent any
illegal act, conduct, business or use in or about such premises; to
recover damages (actual, liquidated and consequential damages) that
the City may suffer; and to seek other appropriate forms of equitable
relief.
D.
If any person shall undertake any activity requiring a permit and
report of the Commission without first having obtained approval, he
or she shall be required to immediately stop the activity, apply for
approval, and take any necessary measures to preserve the affected
historic site or improvement pending a decision. If the permit application
is denied, he or she shall immediately restore the affected historic
site or improvement to its pre-activity status. The administrative
officer is hereby authorized to seek injunctive relief regarding a
stop action or restoration in the Superior Court, not less than 10
days after the delivery of notice pursuant to this section.
E.
In the event that any action which would permanently and adversely
change an historical site or historic district, or a demolition or
removal of an historic site or improvement is about to occur without
approval having been issued, the administrative officer is empowered
and authorized to apply to the Superior Court of New Jersey for injunctive
relief as is necessary to prevent such actions.
F.
In addition to the remedies provided above, a person convicted of
a violation of this chapter before a court of competent jurisdiction
shall be subject to penalties as follows:
(1)
For each day up to 10 days, not more than $200 per day.
(2)
For each day between 11 to 25 days, not more than $300 per day.
(3)
For each day beyond 25 days, not more than $500 per day.
(4)
For each day beyond 25 days, a jail term not to exceed 90 days may
be imposed in addition to the fines set forth above.
A.
Appeals of the decisions of the Zoning Officer (or other designated
administrative officer) based on the recommendations of the Historic
Preservation Commission shall be made to the Zoning Board of Adjustment
in accordance with the MLUL and the City of Hoboken Land Use Ordinance.
B.
Appeals of the decisions of the Zoning Board of Adjustment or Planning
Board based on the recommendations of the Historic Preservation Commission
may be made as provided by law.
All applications filed prior to the effective date of this chapter
may be continued, but any appeals arising out of decisions made on
any such application shall be governed by the relevant provisions
of this chapter.
Within 30 days of adoption of this chapter by the City of Hoboken,
the Clerk of the City of Hoboken shall file a copy of this chapter
with the Hudson County Planning Board and New Jersey's Historic Preservation
Office.
This chapter shall be read and interpreted in pari materia with
the MLUL, as amended, and the Zoning Ordinance of the City of Hoboken,
as amended.
