2A:58-11 - Action to impose penalty, proceedings - New Jersey Statutes

2A:58-11.  Action to impose penalty, proceedings
2.  a.  If a statute or ordinance allows a court action to impose a civil penalty or a penalty has been imposed that may not be enforced pursuant to section 1 of this act, an action to impose a penalty shall be brought as provided by this section.

b.The action may be brought in the Superior Court.  If the statute that establishes the civil penalty provides that the action may be brought in a municipal court, the action may be brought in any municipal court that has territorial jurisdiction over the action or in the Superior Court.

c.The court shall decide the case in a summary manner without a jury unless otherwise provided in the statute imposing the penalty.  The court shall hear testimony on any factual issues, and if it finds that the violation occurred, shall impose a penalty as provided by the statute.  The defendant shall not be precluded from contesting the amount of the penalty.

d.Unless precluded by the statute imposing the penalty, informal disposition may be made of any case by stipulation, agreed settlement, or consent order.  Payment of a penalty pursuant to an informal disposition shall be considered a prior violation for the purpose of determining subsequent offender status.

e.An action in Superior Court to impose a civil penalty may be joined with an action brought to restrain related violations.

f.If a judgment for a civil penalty is rendered against a defendant, payment shall be made to the court and shall be remitted to the State Treasurer of New Jersey, unless other disposition is provided for in the statute imposing the penalty.

L.1999,c.274,s.2.