[Adopted 2-28-1966; amended 9-28-1987 by Ord. No. 87-9; 11-9-1992 by Ord. No.
92-8]
It shall be unlawful for any owner, agent or
contractor in charge of a construction or demolition site to permit
the accumulation of litter, garbage, refuse or debris resulting from
such activities to accumulate either before, during or after completion
of the work. It is the duty of the owner, agent or contractor in charge
of a site to furnish containers adequate to accommodate flyable and
nonflyable debris, garbage or refuse at areas convenient to the construction
or demolition site and to maintain and empty the receptacles in accordance
with this chapter on a regular basis in such a manner as to prevent
spillage of such debris, garbage or refuse on the land, and, in any
event, all such debris, garbage and refuse shall be removed from the
site not more than 30 days after completion of the construction or
demolition activities. Salvaged building materials neatly stored on
the owner's premises shall not be considered refuse or debris.
Upon complaint of any resident or property owner
of the Township of Franklin or any person, firm, corporation or employee
of said Township or upon his own volition, the Health Officer or Code
Enforcement Officer or their designated agents shall make an investigation
of the condition complained of and report thereon, in writing, to
the Township Clerk for the Township Committee and/or issue a summons
or summonses for said violation or violations.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of §
83-5 or
83-6 hereof exists on said land, the Township Clerk shall notify the owner and possessor of said lands complained of, in writing, either personally or by certified mail (return receipt requested) and regular mail, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
The Health Officer or Code Enforcement Officer
or their designated agents shall reinspect said lands after the ten-day
period shall have expired and shall report, in writing, to the Township
Clerk for the Township Committee whether or not the unlawful condition
complained of and previously found to exist in violation of this article
has been abated or remedied.
In the event that the owner or possessor of
said lands shall refuse or neglect to abate or remedy the condition
complained of, and which constituted a violation of this article,
after said 10 days' notice, the Township Committee shall cause the
condition complained of to be abated and remedied.
Upon the removal of any of the materials prohibited
to be stored or abandoned on lands by this article by or under the
direction of such officer or officers of this Township in cases where
the owner or tenant shall have refused or neglected to remove the
same in the manner and within the time provided above, such officer
or officers shall certify the cost thereof to the Township Committee,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said lands; the amount
so charged shall forthwith become a lien upon such lands and shall
be added to and become and form part of the taxes next to be assessed
and levied upon said lands, the same to bear interest at the same
rate as taxes, and shall be collected and enforced by the same officers
and in the same manner as taxes.
Any person convicted of a violation of any of the provisions of Article
I or Article
II shall, upon conviction, pay a fine not exceeding $1,000 or be imprisoned for a term not exceeding 90 days or by a period of community service for a term not exceeding 90 days, or any combination thereof, all in the discretion of the court before which such conviction is had. For each day that the court finds the violation or violations to have continued, the same shall constitute separate and distinct offenses, for which separate penalties can be imposed for each day of the continuing violation or violations.