[HISTORY: Adopted by the Township Council of the Township of Marlboro 4-13-1972 by Ord. No. 14-72 (Ch. 144 of the 1981 Code). Amendments noted where applicable.]
Every owner or tenant of lands lying within the Township of Marlboro shall keep all streams, ditches, watercourses and other natural drainage areas or courses clear and flowing over premises owned or controlled by them where it shall be necessary and expedient for the preservation of the public health, safety and welfare.
The Township Engineer of the Township of Marlboro shall from time to time report to the Business Administrator the existence on any property within the Township of any streams, ditches, watercourses and other natural drainage areas or courses which are obstructed and not flowing freely and which is or may be likely to become a hazard and dangerous to the public health, safety and welfare.
Upon receipt of any such report from the Township Engineer or from any other source, the Business Administrator shall inspect the area. If the Business Administrator determines that the existence of such obstruction is or is likely to become a hazard and dangerous to the public health, safety and welfare, he shall call to be served in the manner set forth hereinbelow a written notice requiring the owner or tenant to keep said stream, ditch, watercourse and other natural drainage areas or courses clear and flowing.
In the event that the owner or tenant neglects or refuses to clear such stream, ditch, watercourse and other natural drainage areas or courses so that the same is flowing and not obstructed within 10 days after receipt of said notice, or within any other time therein specified, the required cleaning or other work to maintain the flow of said stream, ditch, watercourse and other natural drainage areas or courses shall be done by the Township under the direction of the Business Administrator, who shall keep an accurate record of the cost thereof and shall certify said cost to the Township Council. The Council shall examine said cost and, if found to be correct, shall, by resolution, direct the Collector of Taxes to charge said cost against the lands upon which said work was done or, in the event that such cost was excessive, to cause the reasonable cost thereof to be charged against said lands. Any amount so charged shall forthwith be and become a lien upon said lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands in the amount and as provided by N.J.S.A. 40:48-2.27 and any amendments thereof and supplements thereto.
The notice herein required shall be served upon an owner or tenant residing in the Township in person or by leaving the same with a member of his family over the age of 14 years; upon an owner or tenant not residing in the Township, either by personal service or by mailing the same to him at his last known post office address by certified mail, return receipt requested, or by service upon the occupant, manager, operator or agent of the owner in charge of the property. In the event that the owner or tenant is unknown or service cannot, for any reason, be made, the notice shall be published at least once not less than 30 days before the proposed removal and destruction in a newspaper circulating in the Township.
Pursuant to N.J.S.A. 40:49-5, any person, firm, association or corporation violating any section of this chapter shall, upon conviction in the Municipal Court, be subject to the penalties in § 4-3 of the Code.