No person shall hereafter construct, install or place any structure
as defined by the Municipal Land Use Law of New Jersey, N.J.S.A. 40:55D-7,
exclusive of mailboxes, within the Town right-of-way of any public
street or alley of the Town of Belvidere without first obtaining a
permit as hereinafter provided.
Any person desiring to obtain a permit shall make application,
in writing, together with a detailed map indicating the Town Tax Map
lot and block number describing in detail the exact location when
the structure is to be placed and its relationship with the Town right-of-way
and describing the type of material to be used and the nature and
quality of the structure to be constructed, installed or placed, together
with plans of the structure or structures and a copy of the survey
showing the location. Ten copies of the application shall be filed
with the Town Clerk, together with a filing fee of $250, and the Town
Clerk shall submit copies to the Commissioner of the Department of
Public Works, the Town Planning Board, the Town Engineer, the Police
Commissioner, the Zoning Officer and the Historical Commission for
their review and recommendations.
The Town Council may issue a permit after receipt of reports
and recommendations from the Commissioner of the Department of Public
Works, the Town Planning Board, the Town Engineer, the Police Commissioner,
the Zoning Officer and the Historical Commission and upon a finding
by the Town Council that the proposed structure is a benefit to the
Town of Belvidere and has no negative impact on the Town, its various
departments and the public health, safety and welfare.
The Town Engineer, Zoning Officer or member of the Police Department
are given authority to enforce the provisions of this article and
upon finding a violation may file a complaint in the Municipal Court.
Any person violating any provision of this article shall, upon
conviction thereof, be punishable by a fine not exceeding $500 or
by imprisonment in the county jail for a period not exceeding 90 days,
or both. Each and every day such violation continues shall be deemed
a separate and distinct violation.
The Town Council may hold a hearing at a regular Council meeting
upon 10 days' written notice to the property owner to determine if
this article has been violated, and if the Town Council so finds,
it may direct the owner to remove the structure. If the owner fails
to comply with an order from the Town Council to remove the structure,
the Town Council may cause such structure to be removed or may contract
for the removal thereof.
The amount of the cost of the filing of legal papers, expert
witness fees, search fees and advertising charges incurred in the
course of any proceeding taken under this article determined in favor
of the Town and the cost of the removal of the structure, if any,
shall be a municipal lien against the real property on which such
structure existed. A detailed statement of the aforesaid cost and
the amounts so due shall be filed with the Municipal Tax Assessor,
and a copy thereof shall be forthwith forwarded to the owner by certified
mail, return receipt requested. The Municipal Tax Assessor shall then
file the appropriate lien certificate. Any owner or party in interest
may, within 30 days from the date of the filing of the lien certificate,
proceed in a summary manner in the Superior Court to contest the reasonableness
of the amount or the accuracy of the cost set forth in the municipal
lien certificate.