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WHEN IS A PERSON SUBJECT TO AN ADMINISTRATIVE MONETARY PENALTY?
NJAC 5:23-2.31 (b)

(b)
Penalties;
1.
Any person or corporation, including an officer, director or employee of a corporation, shall be subject to a penalty of not more $2,000 if that person:
i.
Violates any of the provisions of the act or the regulations;   
ii.
Constructs a structure or building in violation of a condition of a building permit;
iii.

Fails to comply with any order issued by an enforcing agency or the department;

iv.

Makes a false or misleading written statement, or omits any required information or statement in any application or request for approval to an enforcing agency or the department

2.

Anyone who knowingly refuses entry or access to an inspector lawfully authorized to inspect any premises, building or structure pursuant to the act or the regulations, or who unreasonably interferes with such an inspection, shall be subject to a fine of not more than $250.00.

3.

With respect to (b) 1iii above, a person shall be guilty of a separate offense for each day that he fails to comply with a stop construction order validly issued by an enforcing agency or the department and for each week that he fails to comply with any other order validly issued by an enforcing agency or the department. With to (b) li and iv above, a person shall be guilty of a separate offense for each violation of any provision of the act or the regulations and for each false or misleading written statement or omission of required information statement made in any application or request for approval to an enforcing agency or the department. With respect to (b) 1ii above, a person shall be guilty of a separate offense for each violation of conditions of a construction permit.

4.

No such penalty shall be assessed except upon notice of violation and orders to terminate and upon the expiration of the time period delineated in the notice; except that in the case of a false or misleading statement pursuant to (b)1iv above, the failure to obtain a construction permit or request required inspections, or allowance of occupancy prior to receipt of a certificate of occupancy, an order to pay a penalty shall be issued immediately upon the discovery of the violation.

5.

The construction official may separately serve a notice of penalty assessment and order to pay a penalty, whenever he shall not have done so in the original notice and orders.

6.

The penalties pursuant to this section may be collected in a summary proceeding pursuant to the "Penalty Enforcement Law" (N.J.S.A.2A:58-1 et seq.) Jurisdiction to enforce such penalties is conferred upon judges of the municipal court in addition to the courts specified by N.J.S.A. 2A:58-2. Suit may be brought by a municipality or the State of New Jersey. Payment of a money judgement pursuant hereto shall be remitted in the case of a suit brought by a municipality or the State of New Jersey. Payment of a money judgment pursuant hereto shall be remitted in the case of a suit brought by a municipality to the municipal treasurer and in the case of a suit brought by the State of New Jersey to the State Treasurer.

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Township of West Windsor • 271 Clarksville Road • PO Box 38 • West Windsor, NJ 08550 • 609-799-2400