[Ord. 304, —/—/1966, § 1]
It shall be unlawful for any person or persons, firm, corporation,
or any agents thereof, to plant or maintain from and after the date
of this Part, any trees, shrubbery or plants, in and upon any right-of-way
or easement, street, highway, lane, alley or any property or interest
therein owned or under the control and jurisdiction of the Township
of Elizabeth, having constructed therein or thereunder any sanitary
or storm sewer or appurtenances, the roots of which shrubbery, trees
or plants, or any part thereof, enter any of the pipes, joints, manholes
and appurtenances, and interfere with the operation and maintenance
of the same. Every such condition is hereby declared to be a nuisance
which may be abated under the provisions of this Part.
[Ord. 304, —/—/1966, § 2]
The Board of Commissioners shall have the power as a body, by
committee or any of its officers or employees, to enter upon any premises
at any time to investigate any condition defined under this Part,
and the Board, after investigation, shall declare any condition to
the extent that it may specify a nuisance. It may order the same to
be removed, abated, altered or make such order as the cause may require
in accordance with the following procedure:
1.
After complaint or on its own motion make a finding that a nuisance
exists and serve its Order upon the person or his agent liable for
the same, if found within the Township, and the occupant or tenant
of any property which may be the source of said nuisance or liable
for the same. If not found within the Township, the owner or person
liable shall be served by registered mail, return receipt, to his
last known address. If mail service cannot be made, posting the premises
with the Order, and one publication in a newspaper of general circulation
within the Township shall be deemed sufficient notice.
2.
The Board shall certify the expenses incurred in abating any nuisances
to the Township Solicitor, who shall collect or lien the same in the
manner now provided for municipal claims, with a penalty of 10%.
[Ord. 304, —/—/1966, § 3; as amended
by Ord. 561, 6/1/1987; and by Ord. 577, 8/1/1988, § 2AA]
Any person, firm or corporation who shall violate any provision
of this Part 1 shall, upon conviction thereof, be sentenced to pay
a fine of not more than $1,000.00; and/or to imprisonment for a term
not to exceed 90 days. Every day that a violation of this Part 1 continues
shall constitute a separate offense.
