Part 1 Interference with Sewers
[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:
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.
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.