Any appeal which may be taken to court from the decision of any municipal agency whether instituted by the owner or any other proper party, shall not affect the right of the owner to make a bona fide offer to sell.

The Commission may refuse to reconsider for a period of one year any disapproval of an application, except in cases where an applicant reapplies, with his application amended to comply with any recommendations which the Commission may have made in its written reasons for disapproval. The Commission may, however, reconsider at any time denial of a Certificate of Appropriateness for demolition if a significant change in circumstances has occurred.

It is recognized that the intent and purposes of this Article would not be fully served if the City were to control the actions of others but fail to apply similar constraints to itself. Accordingly, a Certificate of Appropriateness shall be required before final approval of any City actions on public as well as private lands, streets, easements and rights-of-way. This requirement shall be deemed to include any action by any party which requires the approval or concurrence of the City or any City agency and which is not otherwise covered by the provisions of this chapter.

In those circumstances where the City cannot require compliance, as in certain cases involving the County, State and Federal governments, the City urges, most strongly, the voluntary cooperation of such agencies in seeking a Certificate of Appropriateness and hereby authorizes the Commission to consider such requests and applications.

The requirements of this article shall be considered to be in addition to and in no case shall they be interpreted as a substitute for any other approval, permit or other action as otherwise provided for.

Any person violating any of the provisions of this article shall, upon conviction thereof, be subject to the penalties herein.

A. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

B. If any person shall undertake any activity vis--vis a historic site or improvement within a historic district without first having obtained and posted a Certificate of Appropriateness, such person shall be deemed to be in violation of this ordinance.

C. Upon learning of the violation, the Zoning Officer shall personally serve upon the owner of the lot 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 site or improvement 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 site and a copy sent by certified mail, return receipt requested, to the owner at the last known address as it appears on the municipal tax rolls.

D. In the event that the violation is not abated within ten (10) days of service or posting on site, whichever is earlier, the Zoning Officer shall cause to be issued a summons and complaint, returnable in the municipal court, charging violation of this ordinance.

E. The penalty for violations shall be as follows:

1. For each day, up to 10 days - not more than $25 per day;

2. For each day, 11 to 25 days - not more than $50 per day;

3.For each day beyond 25 days - not more than $75 per day.

F. If any person shall undertake any activity vis-a-vis a historic site or improvement within a historic district without first having obtained a Certificate of Appropriateness, he shall be required to restore same.

In the event that any action, which would permanently and adversely change a 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 is hereby authorized to apply to the Superior Court of New Jersey for such injunctive relief as is necessary to prevent the destruction of such site or district.

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

All historic sites and all buildings and structures in a historic district shall be maintained so that all exterior walls, roofs, stairs, porches, windows and door frames are in a watertight condition. Cornices, entablatures, wall facings, trim and similar decorative features shall be maintained so as to prevent deterioration and any deterioration which adversely affects the overall character of the building or the district in which the building is located is prohibited.

In the event that any landmark or improvement in a historic district deteriorates to the point that, in the best estimate of the Division of Inspections, the cost of correcting the outstanding code violations equals more than twenty-five percent (25%) of the cost of replacing the entire improvement on which the violations occur, the Division shall serve personally or by certified mail, return receipt requested, a notice on the owner of the site or structure, listing the violations, the estimate for their 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 Division shall for good cause grant, The City of Plainfield's designated official may, at the expiration of ninety (90) days, enter upon the property and abate such violations itself and cause the cost thereof to become a lien on the property.

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

If the owner does not request a hearing, the procedures set forth in (c) above shall be binding. If a hearing is requested, the administrative officer will, within 10 days following the hearing, serve on the owner an opinion in writing setting forth his conclusions and the reasons therefore. Such opinion shall be deemed to be a first notice pursuant to paragraph (c) hereof.

Thereafter, if the owner does not comply, the Division 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.

The head of the Division shall then certify to City Council the cost of such work, plus all administrative, clerical and legal costs and overhead attributable thereto and shall present the same to City Council.

The City Council may, by resolution, vote to cause the sum so certified to become a lien upon the site or property, payable within the next quarter's property taxes, and, if not then paid, bearing interest at the same rate as delinquent taxes.

In addition to the remedies set forth herein, any violation of the preventive maintenance standards of this Ordinance shall be subject to the penalties set forth in Section 17:10-31 of this Ordinance.

It shall be the duty of all municipal officials of the City of Plainfield 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 or subject to review by the Historic Preservation Commission. If it should, the Officer shall inform both the Secretary of the Commission and the applicant.

In the event that any portion of this article is found to be invalid for any reason by any court of competent jurisdiction, such judgment shall be limited in its effect only to the portion of the article actually adjudged invalid and shall not be deemed to affect the operation on any other portion hereof.

This article shall be liberally construed to affect the purposes set forth herein. In the event that this ordinance conflicts with State Law, State Law shall take precedence.

This Ordinance is prospective only and these regulations shall not apply to any structures for which approval by either the Planning Board or Zoning Board of Adjustment has already been granted.