This article is for regulating, controlling, preventing, reducing
and eliminating the dumping or depositing of garbage, litter, debris
or waste material at construction sites or buildings under construction
and areas adjacent thereto; preventing, reducing and eliminating the
dumping or depositing of debris, dust, sand or mud on streets; providing
for the removal of the same; ensuring that incomplete buildings, structures
and site improvements are maintained in a safe and sightly condition;
and providing for the public health, safety and general welfare of
persons and property within the Township.
In the development and enactment of this article, it is recognized
that the proper handling and prompt removal of litter, garbage, debris,
waste material, dust, sand, mud and dirt from construction sites,
buildings under construction and areas, streets, roads, highways and
other public or private property abutting or adjacent thereto and
ensuring that incomplete buildings, structures and site improvements
are maintained in a safe and sightly condition are essential to the
preservation of the public health, safety and general welfare. The
failure to properly satisfy these objectives has severe adverse effects
on the community by tending to create a nuisance; creating hazardous
conditions which may result in injury to person or property; attracting
vermin; causing annoyance to residents and other persons who work
in or pass through the Township; and detracting from the aesthetics
of the neighborhoods involved. This article is enacted to eliminate
the aforementioned consequences, and it is also recognized that, if
the prohibited acts are committed in violation of this chapter, the
needs of the Township may require expeditious correction of the violation
by the Township itself. To this end, a procedure is hereby established
by which the Township, after due notice is given to the builder and/or
owner of a construction site or building under construction, may correct
the violation and charge the cost of said correction to the builder
and/or owner or party in interest in whose name the subject property
appeared upon the last local tax assessment records.
Certain words and phrases when utilized in the provisions of
this chapter shall be defined and mean:
Any material used for the purpose of the erection, alteration,
repair, reconstruction, conversion, demolition, moving or equipping
of any building or structure or the excavation, filling, grading or
regulation of a lot in connection therewith.
A lot on which the erection, alteration, repair, reconstruction,
conversion, demolition, moving or equipping of any building or structure
or the excavation, filling, grading or regulation of a lot in connection
therewith is taking place, has taken place or will take place.
Any accumulation of broken or detached matter, including,
but not limited to, pieces of stone, brick, cement, plaster, lumber,
pipe, wallboard and shingles.
Putrescible animal and vegetable matter.
Garbage and debris as defined herein and all other matter
which, if thrown, dumped, placed, left or deposited as herein prohibited,
may tend to create a danger to the public health, safety or general
welfare.
Any individual, partnership, copartnership, limited partnership,
association or corporation and their lessees, trustees or receivers
appointed by any court. In the instance of a legal entity, the individual(s)
who is(are) the general partners of a partnership, whether limited
or not, the trustees(s) and any beneficiary having the power to appoint
or constitute a trustee of a trust, the officers and directors of
a corporation and any receiver thereof shall be equally liable with
the legal entity for any requirements or penalties provided in this
chapter. In any instance, an agent having the apparent authority to
control the use or occupation of such persons having property regulated
by this chapter shall be equally liable with his, her or its principal
for any requirements or penalties provided in this chapter.
All putrescible and nonputrescible solid waste (except body
waste), including, but not limited to, garbage, debris, uprooted vegetation
and herbage, tree limbs and stumps and any other matter which, if
thrown, dumped, placed, left or deposited as herein prohibited, may
tend to create a danger to the public health, safety or general welfare.
Any person who owns, controls or is in possession of a construction
site or building under construction shall:
A.Â
Provide a receptacle or receptacles at each construction site and
building under construction, which shall be of sufficient size and
dimensions to adequately contain all litter, garbage, debris and/or
waste material as may be found at the construction site or building
under construction.
B.Â
Place all litter, garbage, debris and/or waste material within said
receptacle or receptacles.
C.Â
Place and maintain all construction materials within the confines
of the lot lines of the construction site or building under construction.
D.Â
Sweep all streets, roads or highways adjacent to or abutting the
construction site or building under construction at least once per
week or more frequently should any litter be found dumped, deposited,
placed or thrown on said streets, roads or highways.
No person who owns, controls or is in possession of a construction
site or building under construction shall:
A.Â
Dump, deposit, place, throw, leave, bury or cause or permit the dumping,
depositing, placing, throwing, leaving or burying of litter, garbage,
debris or waste material at any construction site or building under
construction.
B.Â
Dump, deposit, place, throw, leave or cause or permit the dumping,
depositing, placing, throwing or leaving of dust, sand, mud, dirt,
litter, garbage, debris or waste material on any street, road, highway
or other public or private property adjacent to or abutting any construction
site or building under construction.
C.Â
Place on any street, road, highway or right-or-way adjacent to or
abutting any construction site or building under construction any
form of construction materials.
D.Â
Fail to remove all litter, garbage, debris or waste material from a construction site, building under construction or area adjacent thereto within 48 hours after notice to remove the same is effectuated pursuant to § 58-13 herein.
E.Â
Fail to remove all dust, sand, mud, dirt, litter, garbage, debris or waste material from any street, road, highway or other public or private property adjacent to or abutting a construction site, building under construction or area adjacent thereto within 48 hours after notice to remove the same is given pursuant to § 58-13 herein.
F.Â
Fail to diligently proceed with the construction of any building,
structure or site improvement, which shall mean the failure to perform
any material work on such building, structure or site improvement
for a period of one year, as determined by the Code Official.
[Amended 4-15-2010]
G.Â
Fail to maintain any incomplete building, structure or site improvement
in a safe and sightly condition, as determined by the Chief Building
Official.
[Amended 4-15-2010]
The Code Official or his designated representative is hereby authorized and empowered to notify the builder and owner of a construction site or building under construction to correct any violation of § 58-11 or § 58-12. Said notice shall be given by first-class mail addressed to said builder and owner at their last known address or by any other means reasonable calculated to give notice to the builder and owner. Said notice is deemed effectuated on the second regular day for delivery of mail after the day the notice to remove is placed in the mail.
A.Â
If a builder or owner of a construction site or building under construction notified pursuant to § 58-13 herein shall fail, neglect or refuse to correct such violation within five days after the effective date of written notice as provided in § 58-13, the Code Official or his designated representative is hereby authorized and empowered and may in his discretion correct such violation or have such violation corrected by an independent contractor. In case of an emergency presenting an imminent risk to life, health or safety, the Township may immediately take any of the aforementioned measures or other necessary measures to protect life, health or safety. The Code Official is authorized and empowered in his sole discretion to determine what constitutes the appropriate action to be taken under this section and what constitutes an emergency under this section.
[Amended 4-15-2010]
B.Â
The Township shall provide notice to the builder and owner of the cost of the action taken pursuant to the preceding subsection, which costs shall be reimbursed to the Township by the builder and owner within 30 days after notice and become a lien against the property in accordance with § 58-15. Such notice shall be provided in the manner provided in § 58-13, within five days after the completion of the action taken by the Township.
[Amended 4-15-2010]
Any costs incurred by the Township in taking any action permitted under § 58-14, including any administrative charges, shall immediately become a lien against the real property involved and shall be reported by the Code Official or his designated representative to the Township Supervisor, who shall assess the cost against the property. The owner or party in interest in whose name the property appeared upon the last local tax assessment records shall be notified of the amount of all such costs by first-class mail at the address shown on such tax records. If such person fails to pay the same within 30 days after mailing of the notice of the amount due, the Township Supervisor shall add the same to the next tax roll of the Township, which shall then be collected in the same manner in all respects as provided by law for the collections of taxes.
In a proceeding for a violation of §§ 58-11 and 58-12, proof that a building permit was issued to a person for the subject construction site or building under construction shall constitute in evidence a presumption that the building permit holder owns or controls that construction site or building under construction.
