[HISTORY: Adopted by the Township Council of the Township
of Mine Hill by Ord. No. 156-72 (Ch. XVI, Sec. 16-1, of the 1986 Revised General Ordinances).
Amendments noted where applicable.]
GENERAL REFERENCES
Land use — See Ch. 310.
Any unsafe, open and abandoned mine hole and any unsafe, open
and abandoned mine shaft excavation situated within the limits of
the Township of Mine Hill, County of Morris and State of New Jersey,
is hereby declared a public nuisance.
As used in this chapter, any open and abandoned mine hole, open
and abandoned mine shaft or open and abandoned mine excavations shall
be deemed unsafe:
A.
If it is
unguarded or inadequately guarded against injury, harm or loss of
life to a person or persons, whether children or adults; or
B.
Though
adequately guarded against injury, harm or loss of life to a person
or persons, whether children or adults, if it is located on real estate
abutting on any street, if it has caused or is likely to cause damage
to the street, or to constitute a hazard to person or persons using
the street; or
C.
Though
adequately guarded against injury, harm or loss of life to a person
or persons, whether children or adults, if it is located sufficiently
near a dwelling, building or structure and it has caused or is likely
to cause damage to the dwelling, building or structure or to constitute
a hazard to person or persons using the dwelling, building or structure.
Any such public nuisance shall be abated by the owner or owners
of the lands upon which such public nuisance is located after notice
in writing shall have been given to the owner as hereinafter set forth.
The notice referred to herein shall be issued by either the
Mayor, Construction Code Official or Township Engineer and shall require
the owner or owners of the land upon which such public nuisance is
located to abate such public nuisance and shall set forth the manner
in which such public nuisance shall be abated. The notice shall further
state that the owner or owners have 30 days after service of the notice
to abate such public nuisance, and should they fail to do so, the
Township may cause such public nuisance to be abated, and the reasonable
cost thereof charged against the owner or owners, and that the cost
thereof will be a lien on such lands and will be assessed thereon
and collected in the same manner as local taxes are collected.
The notice referred to in § 335-4 herein shall be served upon the owner or owners of the lands upon which such public nuisance is located if residents of the Township, in person or by leaving it at their residence with a member of the family over the age of 14 years. If such owner or owners shall not reside in the Township, notice may be served in person or be mailed to their last known post office address, or be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner or owners are unknown or service cannot be made as above directed, the notice shall be published at least once in a newspaper circulating in the county, not less than 40 days before the Township shall take action to abate such nuisance.
In the event of the failure of the owner or owners of the lands
upon which such public nuisance is located to abate the nuisance,
such nuisance shall be abated by the Township, and the cost of the
abatement shall be a lien on such lands and shall be assessed thereon
and collected in the same manner as local municipal taxes are collected.
Any landowner or landowners violating any of the provisions of this chapter shall, upon conviction thereof, in addition to being liable for any lien imposed on their lands as hereinabove set forth, be subject for each offense to the penalty established in § 1-3 of the Code of the Township of Mine Hill.
