[HISTORY: Adopted by the Mayor and Council of the Borough of Kinnelon 2-19-1959
by Ord. No. 1-59 (Ch. 87 of the 1972 Code). Amendments noted
where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 38.
Land use procedures — See Ch. 47.
Water Utility — See Ch. 79.
Soil removal — See Ch. 169.
Streets and sidewalks — See Ch. 173.
Subdivision of land and site plans — See Ch. 176.
Water — See Ch. 199.
Zoning — See Ch. 207.
Public health nuisances — See Ch. 225.
Any open or unguarded well, cistern or cesspool, abandoned excavation
or other excavation when surface or drainage water has accumulated over a
depth of one foot, situated within the Borough of Kinnelon, is hereby declared
a public nuisance, except as hereinafter limited.
Any such public nuisance shall be abated without further notice by the
owner of the land on which such public nuisance exists.
For the purposes of this chapter, the terms used herein are defined
as follows:
One in which further construction has been permanently discontinued.
One which is not securely covered by a cover sufficient to withstand
1,000 pounds of pressure per each 10 square feet of the cover area or which
is not completely enclosed by a permanent fence at least four feet in height.
One which is not completely enclosed by a fence at least four feet
in height.
Other excavations within the provisions of this chapter
having accumulated surface or drainage water over a depth of one foot shall
have barriers erected around such excavation at such times and hours that
such excavation is not being worked on.
When any person violating any of the provisions of this chapter fails
or refuses to abate any of the aforesaid nuisances after notification to the
tenant and/or owner, the Borough Council may cause such nuisance or nuisances
to be abated, and the reasonable cost of such abatement shall be chargeable
against the owner of the land on which such nuisance or nuisances shall have
existed. Such costs shall be a lien on such lands and shall be assessed against
such lands and collected in the same manner as local municipal improvement
assessments.
[Amended 5-1-1972 by Ord.
No. 9-72; 6-21-1990 by Ord.
No. 4-90]
Any person, firm or corporation violating this chapter shall be subject,
upon conviction, to one or more of the following at the discretion of the
court: a fine not to exceed $1,000 or imprisonment in the county jail for
a term not to exceed 90 days or community service not to exceed 90 days. Each
day during which any of the aforesaid public nuisances shall exist shall constitute
a single and separate violation of this chapter.
