[HISTORY: Adopted by the Township Committee of the Township of Carneys Point 7-14-1976 as Ord. No. 281. Section 90-10 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Other amendments noted where applicable.]
No person shall, within the limits of the Township of Carneys Point, suffer or permit the existence on any public or private land of any abandoned, unused or unprotected well, pit, excavation, foundation, cellar, trench, cesspool or septic tank.
Any person, firm, partnership, utility, owner or occupier of any land contracting for or conducting the digging of any hole, pit, excavation, foundation, trench, cellar, cesspool, well or other unnatural declivity shall, unless the same is guarded by a person over the age of 18 years or unless said opening is fenced in such a manner that children or other persons will, in the opinion of the Building Inspector, be properly restrained and safeguarded from falling in said opening and lighted where required by the Building Inspector, completely cover said opening with a suitable cover capable of sustaining a weight of 500 pounds of pressure for each 10 square feet, or a weight of 40,000 pounds if said opening is located on a public or private street, road, alley or right-of-way.
As used in this chapter, the following terms shall have the meanings indicated:
- Includes the terms hole, pit, excavation, cellar, foundation, trench, abandoned cesspool, well, septic tank or other unnatural declivity.
The Building Inspector of the Township of Carneys Point, the Police Chief, the Health Officer or their duly authorized agents shall be responsible for the enforcement of this chapter.
An open or unguarded well, septic tank or cesspool situated within the limits of Carneys Point Township is hereby declared to be a public nuisance.
Any such public nuisance shall be abated by the owner of the land or occupier thereof on which said public nuisance exists after a notice in writing shall have been given to said owner or occupier by the Clerk of the Township of Carneys Point as hereinafter set forth.
The Township Clerk of Carneys Point Township is hereby empowered, authorized and directed, upon a public nuisance as herein defined being called to his attention, to notify in writing the owner or occupier of the land on which such public nuisance exists to abate such public nuisance within five days from the service of the notice upon such owner or occupier by either filling in such with dirt or other suitable material or by placing a cover over such nuisance sufficient to withstand 500 pounds of pressure for each 10 square feet of the covered area or by completely enclosing the public nuisance with a permanent wire fence at least four feet in height, which will bar all reasonable or normal access, which notice shall further provide that, in the event that such owner or occupier shall fail to abate such nuisance, the Township of Carneys Point may cause such nuisance to be abated and the reasonable cost thereof charged against the owner of the land on which such nuisance exists and that the cost thereof will be a lien on such lands and will be assessed thereon and will be collected in the same manner in which local municipal taxes are collected.
In the event of the failure of the owner or occupier of the land upon which such public nuisance exists to abate the nuisance and said nuisance shall be abated by the Township of Carneys Point, then the cost of such 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.
Within 30 days from the connection of sewerage lines to any parcel of property, the owner or occupier of such land shall be required to fill in with dirt or other suitable material any cesspool, hole, pit, excavation, cellar, foundation trench, well or septic tank located on such land and, further, shall be required to pump out any such septic tanks located on any such lands.
[Amended 5-20-1985 by Ord. No. 393]
Any landowner or occupier of lands violating any of the provisions of this chapter shall, upon conviction in the Municipal Court of said Township, in addition to having such land be liable to a lien as hereinbefore set forth, be subject for each offense to a fine not exceeding $1,000 or imprisonment in the County jail not to exceed 90 days, or both. Each day during which any of the aforesaid public nuisances shall exist after such notice as hereinbefore set forth has been given shall constitute a single and separate violation of this chapter.