All waste matter and water discharged from any
toilet, sink, basin or tub or any other plumbing facilities or equipment
of any character whatsoever shall hereafter be discharged only into
a sanitary sewer connected with a Borough sewer or into a septic tank
installed in the manner hereinafter provided.
Wherever in the Borough of Prospect Park water and other waste matter, as described in §
136-1 hereof, are discharged from a building, lot or other form of property which does not abut upon a street in which there is a sanitary sewer installed, or whenever such matter is discharged from a building, lot or other form of property which does abut upon a street in which there is a sanitary sewer installed, but such sanitary sewer is at a grade rendering connection therewith impossible or substantially impractical, then such water and other waste matter may be discharged into a septic tank, provided that the owner or occupant of such premises makes application to the Board of Health for leave to connect the septic tank in lieu of connection to a sanitary sewer, and provided such application is granted by the Board of Health. The Board of Health shall grant such application whenever the applicant is within the class of persons permitted by this section to install a septic tank, and upon condition that the septic tank installed is in accordance with the requirements of this chapter and is installed in a good and workmanlike manner in accordance with the customary practices of the plumbing trade.
Any person owning or occupying, maintaining
or using any property within the Borough of Prospect Park in violation
of the requirements of this chapter shall be guilty of maintenance
of a nuisance.
In the event of the maintenance of a nuisance
by failure to install a septic tank when required by this chapter,
notice shall be given by the Borough Secretary, by the Plumbing Inspector
or by any police officer by handing a notice to any adult found in
charge of the premises and by posting a notice upon the premises.
Such notice shall direct the owner of the premises to install a septic
tank or tanks, in accordance with this chapter, within 30 days after
the posting of such notice. A copy of said notice shall be sent by
registered mail to the owner or owners of the premises to the address
at which tax bills are sent, according to the most recent tax duplicate.
In the event of failure to comply with the directions
contained in the said notice, the Borough may cause proper facilities
to be installed and charge the cost thereof jointly and severally
to all owners of the premises served by such installation; and in
the event of failure to pay the amount of said cost within six months
from the date of such notice, the Borough may cause a lien to be filed
against the said premises for the amount of such cost, together with
a penalty of 10%, together with legal interest, of the cost per annum
from the date of completion of the work, and may effect collection
of the amount of such lien in the manner provided by law for the collection
of municipal claims.
Any person who shall violate any provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $300 and costs of such proceedings or, upon
default of payment of such fine and costs, by imprisonment in the
county jail for a term of not more than 30 days. The continuation
of such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
In the event that any owner or owners shall
fail to comply with the requirements of this chapter, the Borough
shall have the right to proceed against such owner or owners for relief
in any court of law or equity, to prevent such unlawful use, construction
or maintenance of the premises of such owner and to prevent the occupancy
of any building, structure or land, or to prevent any illegal act,
conduct, business or use in or about such premises.
For any and every violation of the provisions
of this chapter, any lessee or tenant of an entire building or entire
premises where such violation has been committed or shall exist and
the general agent, architect, building contractor or any other person
who knowingly commits, takes part or assists in any such violation
shall be liable to the same penalties and subjected to the same proceedings
and remedies as the owner or owners thereof.
The several remedies, penalties, fines, procedures
and other relief hereinabove prescribed shall be cumulative, and the
exercise of any one of them shall not prevent the Borough from enforcing
any or all of the others.