[HISTORY: Adopted by the Mayor and Council of the Borough of Folsom 11-7-1963
by Ord. No. 58. Amendments noted where applicable.]
It shall be unlawful for any owner or possessor of any land in this
municipality to do any of the following things:
A.
Permit such land to have on the surface thereof any stagnant
water.
B.
Permit such land to be lower than adjacent land or highway,
so that surface water falls or flows to it, without either filling such low
land to approximate grade of adjoining highway or adjoining property; or providing
suitable and efficient drainage for his said low land, to the end that by
either filling or drainage, aforesaid, his said lowland shall not be the source
of stench, obnoxious odors, mosquito breeding site or place dangerous to public
health.
C.
Permit on his land an abandoned, unused
or unprotected well, cellar or other unnatural declivity in which stagnant
water or debris is retained or which is dangerous to a person, including a
child, being or coming upon said land.
D.
Permit to be installed or placed on his land any structure,
things or devices which, by reason of its shape or placement on said lands,
permits water to collect and be a source of stench, obnoxious odors, mosquito
breeding site or place dangerous to public health.
Upon complaint of any resident or property owners of the Borough of
Folsom or any employee of said Borough or upon his own motion, the Construction
Official, or his designated agent, shall make an investigation of the conditions
complained of and report thereon, in writing, to the Borough Clerk/Municipal
Administrator for the Borough Council.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such a condition that a violation of one or more of the provisions of § 124-1 hereof exists on said land, the Borough Clerk/Municipal Administrator shall notify the owner and possessor of said lands complained of in writing either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said violation from said land, within 10 days after receipt of said notice.
The Construction Official shall reinspect said lands after the ten-day
period shall have expired and shall report, in writing, to the Borough Clerk/Municipal
Administrator for the Borough Council whether or not the unlawful condition
complained of and previously found to exist in violation of this chapter 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 constituted
a violation of this chapter, after said ten-day notice, the Borough Council
shall cause the condition complained of to be abated and remedied.
After the said condition has been abated and remedied, Borough Council
shall have a certificate of the costs of having the condition complained of
abated and remedied prepared by the Borough Clerk/Municipal Administrator
and presented to it.
Thereafter, the Borough Council shall examine the said certificate and,
if found correct, shall cause the costs as shown thereon to be charged against
said land.
The amount so charged against such land shall forthwith become a lien
upon such land, the same to bear interest at the same rate as taxes and enforced
by the same officers and in the same manner as taxes.
Each day this chapter is violated shall constitute a separate offense.
The term "person" used herein shall apply to an individual or partnership
and any and all members thereof, a corporation, its officers and directors
or any other form of business entity.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, for each offense and for each and every day said person fails to comply with the notice beyond the date fixed for compliance. The penalties set forth in this section are separate and apart from the remedy provided for in § 124-8 hereof and the remedy provided by N.J.S.A. 40:48-2.13 and 40:48-2.14 (P.L. 1943, Ch. 71, p. 280).
