[HISTORY: Adopted by the Board of Health of the Borough of Carteret
6-9-1978 as Art. XXIII of the 1978 Revised Ordinances. Amendments noted where
applicable.]
No person or party nor any agent or representative shall make ground
excavations or change land levels or contours or deposit or spread ground
or soil fills or build up the levels thereof upon his or her or its land and
premises or land and premises of another without first making written application
for the same to and obtaining a permit from this Board or its duly authorized
Health Officer or its representative.
A.
Such permit shall not be granted when the doing of such
works would or may have the tendency to cause the flow, collection or accumulation
or increase the flow, collection or accumulation of rain or surface waters
upon the adjoining lands or premises of another or others or create stagnant
pools or moisture areas thereon or increase the same; provided, however, that
where proper and adequate drains or safeguards to prevent the same are, in
the opinion of the Board of Health or its Health Officer, provided for in
connection with said work, such permit shall be granted.
B.
Any person or party may have a hearing before the Local
Board, from an adverse determination of the Health Officer.
To compensate for the reasonable expense of administering this chapter,
a fee of twenty-five dollars ($25.) shall be payable upon application for
a permit hereunder.
A.
No person shall permit the accumulation, collection or
deposit of rain or surface waters on his or its grounds to form stagnant water
pools or ponds, but he shall properly drain off the same.
B.
No leaders or drains shall be constructed, installed
or maintained in such manner as to cast rainwater upon the adjoining property
of others.
The performance or permitting of any matter prohibited by this chapter
is hereby declared to be a public nuisance.
A.
Violations. Each violation of this chapter or any provision
hereof shall constitute a separate offense hereunder. Each day work performed
in violation thereof is done or is completed or remains shall constitute a
separate violation hereof.
B.
Penalties. Each violation of this chapter or any provision
hereof shall be punishable by a penalty of not less than five dollars ($5.)
nor more than five hundred dollars ($500.), upon conviction, in the discretion
of the court.
