§ 6-12. Remedial action.  


Latest version.
  • (a)

    Whenever any person is in violation of this chapter, is acting without a permit in violation of this chapter or is failing to comply with the terms and conditions of a permit issued pursuant to this chapter, in whole or in part, the town administrator or designee may issue an order to stop work on the project including the removal of or damages to trees, until the violation or failure to comply is corrected to the town's reasonable satisfaction. In the event any Cheverly employee discovers anyone removing or seriously damaging a tree worthy of preservation, the employee is authorized to order an immediate temporary stop work by oral order. Within forty-eight (48) hours the temporary stop work order shall expire, unless the town administrator or designee issues a written stop work order and posts it on the property.

    (b)

    Continuing work in violation of any order issued pursuant to section 6-12(a) shall constitute a misdemeanor punishable by a one thousand dollar ($1,000.00) fine and/or seven (7) days in jail. For each tree that is damaged or removed in violation of an order there shall be a separate chargeable offense. Each day that work continues to be done shall also constitute a separate offense.

    (c)

    A written order issued pursuant to section 6-12(a) posted on the property, in a conspicuous location, shall be sufficient service upon all persons physically on the property. A posted notice shall not be removed except under the authority of the town administrator or designee.

(Ord. No. 92-4, 5-14-92; Ord. No. O-4-92, 10-10-96; Ord. No. O-06-01, 5-10-01)