[HISTORY: Adopted by the Township Council of the Township
of Washington 6-3-1985 by Ord.
No. 85-5 as Ch. 104 of the 1985 Code. Amendments
noted where applicable.]
In all cases where any excavation shall have been heretofore or shall hereafter be wholly or partially made in or upon any lands in the said Township of Washington, either with or without a permit for that purpose, and the excavation is so exposed that rain or snow may fall or lie therein or children are attracted thereto or may enter or fall therein and their safety is thereby imperiled, thereby constituting a menace to public health, safety or the general welfare of said Township or its inhabitants, and further work is not being carried on thereat with reasonable diligence or the building operation has been abandoned, the owner of such lands shall, within 10 days after written notice given to such owner as required by § 206-2 hereof, either commence the further work or the building operation in connection with such excavation and proceed with such work or building operation to its completion with reasonable diligence, subject to the provisions of the ordinances of said Township, or, within 10 days after such notice, at his own cost and expense, refill such excavation or cause it to be refilled to the grade of the land as it existed at the time of making such excavation so as to restore the land to its original condition.
[Amended 6-3-1985 by Ord.
No. 85-5]
The Chief Construction Official of said Township shall give
written notice to such owner requiring compliance with the provisions
hereof within 10 days after the service of such notice on such owner.
The notice shall set forth that if said owner refuses or neglects
or fails to comply with the requirements of such notice in the manner
and within the time provided therein, such excavation shall be refilled
in the manner required herein under the direction of the Chief Construction
Official and the cost thereof shall be charged against said lands.
Said notice may be served personally on such owner or sent by registered
mail to the last known address of such owner as shown by the most
recent tax lists of said Township.
[Amended 6-3-1985 by Ord.
No. 85-5]
In the event such owner, after notice as provided herein, refuses,
neglects or fails to comply with the requirements of such notice in
the manner and within the time provided therein, the Chief Construction
Official shall cause such excavation to be refilled to the grade of
the land as it existed at the time of making such excavation so as
to restore the land to its original condition. The Chief Construction
Official shall certify the cost thereof to the Township Council, which
shall examine such certificate and, if found to be correct, shall
cause the cost as shown thereon to be charged against said lands.
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become part of the taxes next to be assessed
and levied upon such lands and shall bear interest at the same rate
as other taxes and shall be collected and enforced by the same officers
and in the same manner as taxes.
[Amended 6-3-1985 by Ord.
No. 85-5]
