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[HISTORY: Adopted by the Township Committee of the Township of Montville by Ord. No. 1308 as Ch. 8.40 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, Art. III.
Blasting — See Ch. 103.
Property maintenance — See Ch. 287.
Soil movement — See Ch. 308.
§ 265-1 Open excavations, holes and wells as public nuisances.
§ 265-2 Complaint; inspection of property; notice to owner.
§ 265-3 Reinspection of property.
§ 265-4 Abatement of dangerous condition by Township Committee.
§ 265-5 Certification of costs of abatement.
§ 265-6 Cost of abatement as lien upon property.
§ 265-7 Violations and penalties.
§ 265-8 Enforcement.
§ 265-1 Open excavations, holes and wells as public nuisances.
Any open, unattended, unguarded or abandoned
hole, excavation, well, cistern or cesspool on private property within
the Township of Montville which is dangerous to the health, safety
and welfare of any person may be declared to be a public nuisance.
§ 265-2 Complaint; inspection of property; notice to owner.
Whenever a condition as described in § 265-1
of this chapter is complained of on any plot of land, lot, right-of-way
or other private premises or place by any resident or property owner
of Montville Township, and the Township Engineer, acting upon inspection
of the premises, declares that the condition constitutes a public
nuisance, the Township Clerk shall notify the owner and possessor
of the land complained of, in writing, either personally or by registered
or certified mail, return receipt requested, to take such steps as
will effectively remove said complained-of nuisance within 10 days
after receipt of notice.
§ 265-3 Reinspection of property.
The Township Engineer shall reinspect said land
after the ten-day period has expired and shall report, in writing,
to the Township Clerk whether or not the unlawful condition complained
of has been abated or remedied.
§ 265-4 Abatement of dangerous condition by Township Committee.
In the event that the owner or possessor of
said land shall refuse or neglect to abate or remedy the condition
complained of and which constitutes a violation of this chapter after
said ten-day notice, the Township Committee may cause the condition
complained of to be abated.
§ 265-5 Certification of costs of abatement.
After said condition has been abated and remedied
pursuant to the authorization conferred by § 265-4, the
Township Committee shall have a certificate of the costs thereof prepared
by the Township Clerk and presented to it.
§ 265-6 Cost of abatement as lien upon property.
Editor's Note: Amended at time of adoption of Code (see Ch.
1, General Provisions, Art. I).
Upon approval of said certificate by the Township
Committee, the amount charged against the said land shall forthwith
become a lien upon said land, the same to bear interest at the same
rate as taxes and to be enforced by the same officers and in the same
manner as taxes. A certified copy of the certification of cost shall
be forwarded to the Tax Assessor after its approval by the Township
Committee.
§ 265-7 Violations and penalties.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter 1, Article III, General Penalty.§ 265-8 Enforcement.
The provisions of this chapter shall be enforced
by the Township Committee through the Township Engineer.