a. If any person shall undertake any activity vis-a-vis a historic building, structure or site, or within a historic district, without first having obtained a permit to do so, such person shall be deemed to be in violation of this chapter.

b. Upon learning of the violation, the Administrative Officer shall serve upon the owner or responsible party of the lot whereon the violation is occurring a notice describing the violation in detail and giving the owner fourteen (14) business days to abate the violation by restoring the historic site or improvement to its status quo ante. If the owner cannot be personally served within the municipality, the notice shall be deemed to have been officially served if a copy has been posted on 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. In the event that the violation is not abated within fourteen (14) days of service or posting on site, whichever is earlier, the Administrative Officer shall cause to be issued a summons and complaint, returnable in the Municipal Court, charging violation of this chapter.

d. Any person violating any of the provisions of this Historic Preservation Ordinance of the City of Newark shall, upon conviction thereof, be subject to the penalties set forth for violation of the zoning ordinance.

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

f. Fines not paid within the time period set by law shall convert to a tax lien placed against the property and shall be recorded with the City of Newark Property Tax Office and the Essex County Register of Deeds and Mortgages.

g. The Administrative Officer shall inspect work approved by a permit and report to the Commission the results of such inspections. (Ord. 6 S+FE, 8-3-94 § 27:9-23)

a. The structural integrity of all historic sites and improvements in historic districts shall be preserved against decay and deterioration by being kept free from the following structural defects by the responsible person:

1. Deteriorated or inadequate foundation.

2. Defective or deteriorated floor supports or any structural members of insufficient size to carry imposed loads with safety.

3. Members of walls, partitions or vertical supports that split, lean, list or buckle due to defective material or deterioration.

4. Structural members of ceilings and roofs, or other horizontal structural members, which sag, split or buckle due to defective materials or deterioration or are of insufficient size to carry imposed loads with safety.

5. Fireplaces or chimneys which list, bulge or settle due to defective material or deterioration or are of insufficient strength to carry imposed loads with safety.

6. Lack of weather protection.

b. The responsible person shall repair the improvement within a specified period of receipt of a written order to correct defects or repairs to any improvement as provided in paragraph a. above, so that such improvement shall be preserved and protected in accordance with the purposes of this Article.

c. Any such order shall be in writing, state the actions to be taken with reasonable particularity and shall specify dates for compliance which may be extended for a reasonable period of time upon request to allow the responsible person to secure financing, labor and/or materials. Any such order may be appealed to the Board of Adjustment within twenty (20) days of receipt of same.

d. That taking of an appeal or the commencement of any court action hereunder shall not operate to stay any order requiring structures to be secured or requiring temporary support unless the Board of Adjustment or a court expressly stays such order.

(Ord. 6 S+FE, 8-3-94 § 27:9-24)

a. 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 permit shall be required before final approval of any City actions on public as well as private lands, streets, easements and rights-of-way for actions affecting designated historic sites, buildings or districts.

b. 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 the Article.

(Ord. 6 S+FE, 8-3-94 § 27:9-25)

a. This Article shall be liberally construed to effect the purposes set forth herein. In the event that this chapter conflicts with State law, State law shall take precedence.

b. 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 of any other portion hereof.

(Ord. 6 S+FE, 8-3-94 § 27:9-26)

a. No duties or powers of the Commission shall supersede or infringe on the powers of other City boards.

b. All ordinances and all provision thereof inconsistent or conflicting with the provisions of this Article are hereby repealed to the extent of such conflict or inconsistency. (Ord. 6 S+FE, 8-3-94 § 27:9-27)

In the event that any action which would permanently change adversely the historic building, structure, site or district, such as demolition or removal, is about to occur without an approval having been issued, the Administrative Officer shall apply to the Municipal Council for such injunctive relief as is necessary to prevent the destruction. (Ord. 6 S+FE, 8-3-94 § 27:9-28)