Borough of Lavallette, NJ
Ocean County
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Table of Contents
Table of Contents
Right of entry. Employees of the Borough, bearing proper credentials and identification, shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing pertinent to any discharge or infiltration to the Borough's system during normal business hours. The use of sewerage facilities to any property may be discontinued under § 52-10 if the owner, lessee or other user of that property opposes or obstructs an authorized official or other agent in the performance of his/her duties.
No person(s) shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the wastewater facilities. The property owner and his/her contractor shall be held liable for any costs incurred by the Borough for any repairs to the wastewater facilities. Any ruptures or other damage to the sewer laterals resulting from construction work at the property owner's site due to heavy construction equipment traversing the lines or ground settlement or disturbance caused by such construction equipment shall be the complete and sole responsibility of the property owner. At no time will the Borough be held liable for repairs to the wastewater facilities which are construction-related, and the property owner shall be responsible for all repairs and corrective action required, including compliance with the Borough Health Code and state regulations concerning aboveground spills of sewage. In the event prompt repair and/or corrective action is not taken by the property owner or his/her contractor, the Borough may take such action as is necessary for the protection of public health, safety and general welfare and charge the same to the property owner, which charges shall include legal and court costs and shall become a lien on the affected property. The Borough shall not be responsible for any restoration to the property owner's land. Any person violating this section shall be subject to immediate arrest under charge of disorderly conduct.
If, by reason of undue hardship or exceptional circumstances, or because of new practices being approved and acceptable, or where the same are impossible to fulfill, or would prevent the accomplishment of the Borough's purposes or objectives, the Borough may, by resolution, in special cases and for special reasons set forth therein, relax these regulations and specifications at its discretion, and wherever in the interest of the public health, safety and welfare these regulations are not adequate therefor, the Borough may require higher qualities and standards.
The Borough shall have the same remedies for the collection of charges with interest, costs and penalties as the Borough has by law for the collection of taxes upon real estate.
A. 
Any person found to be violating any provision of this chapter, except § 52-21, shall be served by the Borough with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
B. 
Any person who shall continue any violation beyond the time limit provided for in Subsection A shall, upon conviction thereof, be punishable by a fine of no less than $100 and no more than $1,000, imprisonment not to exceed 90 days or community service of not more than 90 days, or any combination of fine, imprisonment and community service, as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
C. 
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.
D. 
Any person violating any of the provisions of this chapter shall become liable to the Borough for any expense, loss or damage occasioned the Borough by reason of such violation.