Any open, unattended, unguarded or abandoned
hole, excavation, well, cistern or cesspool on private property within
the Township of Montville which is dangerous to the health, safety
and welfare of any person may be declared to be a public nuisance.
Whenever a condition as described in §
265-1 of this chapter is complained of on any plot of land, lot, right-of-way or other private premises or place by any resident or property owner of Montville Township, and the Township Engineer, acting upon inspection of the premises, declares that the condition constitutes a public nuisance, the Township Clerk shall notify the owner and possessor of the land complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said complained-of nuisance within 10 days after receipt of notice.
The Township Engineer shall reinspect said land
after the ten-day period has expired and shall report, in writing,
to the Township Clerk whether or not the unlawful condition complained
of has been abated or remedied.
In the event that the owner or possessor of
said land shall refuse or neglect to abate or remedy the condition
complained of and which constitutes a violation of this chapter after
said ten-day notice, the Township Committee may cause the condition
complained of to be abated.
After said condition has been abated and remedied pursuant to the authorization conferred by §
265-4, the Township Committee shall have a certificate of the costs thereof prepared by the Township Clerk and presented to it.
Upon approval of said certificate by the Township
Committee, the amount charged against the said land shall forthwith
become a lien upon said land, the same to bear interest at the same
rate as taxes and to be enforced by the same officers and in the same
manner as taxes. A certified copy of the certification of cost shall
be forwarded to the Tax Assessor after its approval by the Township
Committee.
[Amended 2-28-2006 by Ord. No. 2006-09]
Any person, firm or corporation violating any of the provisions of this chapter shall be subject to such penalties as are provided for in Chapter
1, Article
III, General Penalty.
The provisions of this chapter shall be enforced
by the Township Committee through the Township Engineer.