N.J. Admin. Code § 16:41C-12.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:41C-12.4 - Penalties

(a) Any person who erects, uses, or maintains any sign or authorizes the use of his or her name in connection therewith, in violation of any of the provisions of the State Act and this chapter, is liable to a per diem penalty of not less than $ 50.00, nor more than $ 500.00 for each day the sign remains in violation. However, except for cases where the violation is egregious, the maximum penalties assessed shall not exceed the gross income of the sign or $ 50.00 per day, whichever is greater.

(b) A penalty of not less than $ 50.00 shall be assessed for all violations. Penalties and per diem accumulation thereof provided for in (a) above, shall begin on the date of service of the notice of violation upon the person so noticed, unless the accumulation of penalties has been stayed by the Department. Penalties will cease to accumulate upon written notification to the Department that the violation has been corrected and contingent upon the Department's determination that the correction is satisfactory. If written notification of the correction is not submitted to the Department, penalties will continue to accrue until such time as the Department inspects the site and determines that the correction is satisfactory.

(c) In the interest of equity, the Commissioner shall have the power to abate all or any portion of penalties.

(d) In determining the amount of any penalty assessed, or to be assessed, for violating any rule contained in this chapter, the Commissioner shall consider, among other facts, the gross income of the sign, the egregiousness of the violation, whether the violation was intentional or accidental, whether the violator has a history of repeated violations, and the egregiousness thereof, and such other facts as will assist in arriving at a penalty commensurate with the violation.

(e) Penalties shall be paid in full within 45 days of the date of service of the final administrative decision. If a final administrative decision results from the operation of law, the violator shall pay all penalties within 45 days of that event. If the violator does not pay all penalties in full within these 45 days, the Department may take any action authorized by law, including action to record the judgment as a lien, to collect the payment.

N.J. Admin. Code § 16:41C-12.4

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