The Mayor and Township Council hereby find there now exists
and may hereafter exist a need to require the mandatory filling of
all abandoned wells, cesspools and septic tanks within the Township
of Berlin in the interest of the public health and safety of the residents
and general public of the Township of Berlin.
The following definitions shall apply to terms used within this
chapter, unless the context requires otherwise:
ABANDONMENT
To discontinue the use of a well, cesspool or septic tank.
CESSPOOL
A tank, well, or pit for retaining the sediments of a drain,
or for receiving the sewerage from sinks and toilets and like facilities.
FILL
Clean fill which shall be any noncombustible or nonorganically
decomposed material.
OWNER
The holder or holders of the title in fee simple.
PUBLIC OFFICER
The officer who is authorized by this chapter to exercise
the powers prescribed by this chapter.
SEPTIC TANK
A tank in which solid organic sewerage is decomposed and
purified by anaerobic bacteria.
WELL
A hole drilled into the ground to obtain water or any other
liquid or gas.
The owner of each parcel of property in the Township of Berlin
shall be required to fill any well, cesspool or septic tank which
becomes abandoned.
The owner of any parcel of property where an abandoned well,
cesspool or septic tank exist shall have 30 days from the date of
said abandonment to fill said well, cesspool or septic tank.
The present existence of any land in violation of this chapter
shall cease 90 days from the effective date of this chapter.
The Building Subcode Official of the Township of Berlin shall
be charged with the enforcement of the provisions of this chapter
and shall make inspection to ensure compliance with the provisions
of this chapter.
[Amended 7-24-2006 by Ord. No. 2006-10]
Any person as defined above who violates any provision of this
chapter shall, upon conviction thereof, be punished by a fine not
exceeding $2,000 or by imprisonment for a term not exceeding 90 days,
or both, within the discretion of the Municipal Judge. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.