(a) Approved certificate deemed positive recommendation. If a certificate of appropriateness has been issued for an application that requires approval of the Planning Board or Board of Adjustment, the certificate shall be deemed to be a positive recommendation to that body as to the historic preservation aspects of the development application before it. The Planning Board or Board of Adjustment may, nevertheless, affirm or deny the application based upon the entire record before it.

(b) Denial of certificate. If a certificate of appropriateness is denied by the Commission, notwithstanding any approval by the Planning Board or Board of Adjustment, the administrative officer charged with issuing the permit for which the action or development application relates shall deny issuance, pursuant to N.J.S.A. 40:55D-111.

(c) Approval with conditions. If a certificate of appropriateness is approved with conditions, the administrative officer shall include the conditions in the permit.

(d) Lapse after two (2) years. If the action to which the certificate of appropriateness has been issued is not substantially completed within two (2) years of the date of approval by the Commission or within an extended period or periods granted by the Commission, as the Commission may deem it in the public interest to grant, then the certificate shall lapse and be of no further force and effect.

(e) Appeals relating to certificate of appropriateness. The denial of a certificate of appropriateness or any of the conditions of an approval may be appealed by the applicant to the Board of Adjustment under N.J.R.S. 40:55D-70(a) and (b). Further appeals may be taken as provided by law. (Ord. No. 3141, 5-3-1988, § 9.)

(a) Violations. Any person who shall undertake any action which requires a certificate of appropriateness under this Article, without first having obtained a certificate of appropriateness, shall be deemed to be in violation of this Article.

(b) Service of notice of violation. Upon learning of the violation, the appropriate Construction Code Official or Zoning 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 ten (10) days to abate the violation by restoring the historic site to its status quo ante. If the owner cannot be personally served within the municipality with the said notice, a copy shall be posted on the site and a copy sent by certified mail, return receipt requested, to the owner at his last known address, as it appears on the municipal tax rolls.

(c) Issuance of summons and complaint. In the event that the violation is not abated within the specified ten-day period following service and/or posting on the site, whichever is earlier, the Construction Code Official or Zoning Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging a violation or violations of this Article. Each separate day the violation exists shall be deemed to be a new and separate violation of this Article.

(d) Penalties. The penalty for violations shall be as follows:

(1) For each day, up to ten (10) days: not more than twenty-five dollars ($25.) per day.

(2) For each day, eleven (11) to twenty-five (25) days: not more than fifty dollars ($50.) per day.

(3) For each day beyond twenty-five (25) days: not more than seventy-five dollars ($75.) per day.

(e) Injunctive relief In the event that any action which would permanently and/or adversely change the historic site or historic district, such as demolition or removal, is about to occur without a certificate of appropriateness having been issued, the Zoning Officer or Construction Code Official is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of any such historic site or district. (Ord. No. 3141, 5-3-1988, § 10.)

(a) Priority. Recognizing the need for preventive maintenance to ensure the continued useful life of historic sites and structures in historic districts, the Township Council hereby declares that code enforcement vis-a-vis historic sites and structures in historic districts is a high municipal priority.

(b) Deterioration and service of notice of violation. In the event that any historic site or improvement in an historic district deteriorates to the point that, in the best estimate of the Construction Code Official, the cost of correcting building and other code violations equals more than twenty-five percent (25%) of the cost of replacing the entire improvement on which the violations occur, the Construction Code Official shall serve personally or by certified mail, return receipt requested, a notice on the owner of the historic site, listing the violations, the estimated cost of abatement and the replacement cost of the improvement and stating that if the owner does not take all necessary remedial action within ninety (90) days, or such extensions as the Construction Code Official shall, for good cause, grant, the township may, at the expiration of the ninety (90) days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.

(c) Request for hearing by property owner.

(1) Upon receipt of such notice, the owner may, within ten (10) days after such receipt, notify the Construction Code Official of his wish to have a hearing as to the allegations and estimates set forth in the Construction Code Official's notice. Such hearing shall be conducted by the Township Manager and shall, so far as possible, be a formal adversary proceeding in which the Construction Code Official shall establish the matters alleged in the notice by a preponderance of the evidence.

(2) If the owner does not request a hearing, the procedures set forth in Subsection (b) above shall obtain. If a hearing is requested, the Township Manager shall, within ten (10) days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefor. Such opinion shall be deemed to be a first notice pursuant to Subsection (b) thereof.

(d) Violation abatement by township. Thereafter, if the owner does not comply, the Construction Code Official may enter onto the premises and, by use of municipal labor or outside contractors or both, perform such work as is necessary to abate all violations.

(e) The Construction Code Official shall then certify to the Township Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto, and shall present the same to the Township Council.

(f) The Township Council may, by resolution, vote to cause the sum so certified to become a lien upon the historic site, payable with the next quarter's property taxes and, if not then paid, bearing interest at the same rate as delinquent taxes. (Ord. No. 3141, 5-3-1988, § 11.)

It shall be the duty of all municipal officials reviewing all permit applications involving real property or improvements thereon to determine whether such application involves any activity which should also be the subject of an application for a certificate of appropriateness and, if it should, to inform both the Secretary of the Commission and the applicant. (Ord. No. 3141, 5-3-1988, § 12.)