Whenever the Township Manager or Code Enforcement, upon information
or inspection, determines that the construction, alteration, repair,
lack of repair, use, occupancy, care or maintenance of any premises,
land, buildings, structures or any part of premises, land, buildings
or structures constitutes a nuisance in fact or a menace to health
or a threat to public safety, the Township Manager or Code Enforcement
shall notify, in writing, the owner or occupier of said premises,
land, buildings, structures or part thereof of the determination.
If notice, as aforesaid, cannot be given then a copy of said notice
shall be posted on the premises.
At the time of the notification of determination aforesaid or
at some later time, the Township Manager or Code Enforcement may also
deliver or have delivered a written order of abatement directed to
the owner or occupier aforesaid requiring an abatement of the condition
described within such time as may be specified in the order of abatement.
Said order of abatement may provide for removal, replacement, repair,
construction, installation or any other relief deemed appropriate
by the Township Manager or Code Enforcement.
In case such order of abatement is not obeyed within the time
specified therein, the Township Manager or Code Enforcement may direct
or engage the appropriate Township employees or other persons to remove,
correct or abate the condition described, and the expense therefor
shall be recoverable from the owner of the premises, land, building
or structure involved, together with a penalty of 10% of such expense,
in the manner provided by law for the collection of municipal claims.
The Township Manager or Code Enforcement or such other persons
as may be designated by the Township Manager shall have the power
to enter at any time upon any premises, land, buildings, structures
or parts thereof which the Township Manager or Code Enforcement suspects
may constitute a nuisance in fact or a menace to health or a threat
to public safety for the purpose of examining, inspecting, correcting
or abating the same.
Whenever any of the following conditions are brought to the
attention of the Township Manager or Code Enforcement, the Township
Manager shall, in his/her discretion, proceed to see whether the order
of abatement provided for in this chapter shall be made. The following
conditions are not meant to be all-inclusive, and other conditions,
although not listed herein, may require the Township Manager or Code
Enforcement to proceed as hereinbefore set forth:
A. Noxious or offensive manufacture, art or business.
B. Dangerous buildings or structures.
C. Buildings damaged by reason of fire or other cause.
D. Improper or unsafe construction, repair or alteration.
E. Discharge or draining of harmful oils or fluids on lands or into
streams.
F. Improper accumulation of debris, refuse, garbage or manure.
G. Improper sanitation facilities, dumps or cesspools.
H. Dumping, storage or accumulation of junk.
I. Dangerous excavations, holes or pits.
J. Dangerous accumulation of water or other liquids.
Where the provisions of this chapter impose greater restrictions
than those of any statute, other ordinance or regulation, the provisions
of this chapter shall be controlling. Where the provisions of any
statute, other ordinance or regulation impose greater restriction
than this chapter, the provision of such statute, ordinance or regulation
shall be controlling.
The refusal to obey an order of abatement within the time specified shall be deemed to be a violation of Article
I, and for any and every such violation, the owner of the premises, land, buildings, structures or part, the Township Manager or Code Enforcement shall issue to the person, firm or corporation responsible for the property a nontraffic citation for a violation of Article
I. Each and every day in which any person, firm or corporation shall be in violation of Article
I shall constitute a separate offense.
In addition to any remedy provided herein, the Township may
proceed for relief by a bill in equity or an action at law.