N.J. Admin. Code § 16:41C-12.3

Current through Register Vol. 56, No. 17, September 3, 2024

Section 16:41C-12.3 - Removal provisions

(a) In addition to the imposition of penalties as provided for in this chapter, any sign which is cited for an offense of this chapter that has not been corrected within 30 days from the receipt of a notice of violation, or for which the removal of the sign is otherwise required shall be removed within 30 days of the receipt of a notice of removal. A notice of removal may be issued concurrently with any other notice.

(b) The filing of a written protest of any notice in accordance with this subchapter shall stay the removal of the sign until the issuance of the final agency decision unless the Department determines that the violation is egregious or constitutes a danger to public safety. In determining if the violation is egregious, the Department shall consider whether the violation was either intentional or accidental, whether or not the violator has a history of repeat violations, and the nature of the violation.

(c) A sign shall be completely removed, including the disposal of debris, within 30 days of the receipt of the Department's final agency decision.

(d) If a sign is not removed and disposed of as ordered, the Commissioner may authorize entry upon the property to remove the sign without further notice. Entry onto the property and removal of the sign shall be without liability to the Commissioner and his or her agents. The cost of removal or $ 500.00, whichever is greater, may be recovered against the owner of the sign either in a separate legal action or in addition to any penalties owed as determined by the Commissioner or court of competent jurisdiction.

N.J. Admin. Code § 16:41C-12.3

Adopted by 47 N.J.R. 540(a), effective 3/2/2015