File #: 12-2129    Version: 1 Name:
Type: Ordinance Status: Filed
File created: 10/19/2012 In control: Municipal Council
On agenda: 12/19/2012 Final action: 1/16/2013
Title: AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XVIII, HOUSING CODE, CHAPTER 7, OTHER HOUSING REGULATIONS, AND CHAPTER 12, MAINTENANCE CODE OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK BY INCREASING AND SUPPLEMENTING THE PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN ORDINANCES. Sponsor: Councilman Ras J. Baraka
Title
AN ORDINANCE AMENDING AND SUPPLEMENTING TITLE XVIII, HOUSING CODE, CHAPTER 7, OTHER HOUSING REGULATIONS, AND CHAPTER 12, MAINTENANCE CODE OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK BY INCREASING AND SUPPLEMENTING THE PENALTIES FOR FAILURE TO COMPLY WITH CERTAIN ORDINANCES.
Sponsor: Councilman Ras J. Baraka
Body


WHEREAS, the Municipal Council of the City of Newark finds and declares that it is in the interest of the public good to encourage property owners to be more diligent and expeditious in adhering to the law, designates that those ordinances that are now punishable only by a lien will now also incur a monetary fine, and or imprisonment, and or a period of community service; and

WHEREAS, P.L. 1962, c. 66, §1. (N.J.S.A. 40:48-2.12a) grants to municipalities the statutory authority to make, amend, repeal and enforce ordinances to regulate buildings and structures and their use and occupancy. Such ordinances enable the prevention and abatement of any condition that may be harmful to the health and safety of the occupants of said buildings and structures and the general public in the municipality; and

WHEREAS, P.L. 1962, c 66, §5. (N.J.S.A. 40:48-2.12e) grants to municipalities the statutory authority to collect fines and penalties for violation of any ordinance adopted pursuant thereto; moreover, the fines and penalties thereby assessed are collectible; and

WHEREAS, N.J.S.A. 40:49-5, in part, governs the prescribed penalties for violations of ordinances, as follows:

“The governing body may prescribe penalties for the violation of ordinances it may have authority to pass, by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding $2,000; or by a period of community service not exceeding 90 days…”

“The governing body may prescribe that for the violation of any particular ordinance at l...

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