[Adopted 7-5-1988]
It shall be unlawful for any person or persons, firm or corporation
or their agents, servants or employees to drive upon or operate or
cause to be driven upon or operated on any of the Township roads or
streets or any portion or portions thereof any motor vehicle, tractor
or machinery or equipment which damages or obstructs any portion or
portions of Township roads, streets or rights-of-way.
It shall be necessary for any person, persons, firm, corporation
or their agents, servants or employees to gain a road obstruction
permit from the Township Clerk at least 24 hours in advance of any
road obstruction.
There shall be a fee in the amount of $50 for any such permit
issued. The permit shall state the approximate time and dates of said
road obstruction. The permit shall be valid for a period of road obstruction
not to exceed 24 hours and shall only be valid for two weeks from
the date first issued, which shall be clearly stated upon the face
of said permit.
A.
Should any person or persons, firm or corporation or their agents,
servants or employees damage the road or obstruct the ditches or culverts
of said road along said lands, the Township Clerk shall give notice
to repair said damage or remove said obstruction within five days
after the service of such notice.
B.
In the event that the person or persons, firm or corporation who
is responsible for said damage is an owner or tenant of lands in the
Township of Liberty and they shall fail to repair said damage or remove
said obstruction within five days after the service of such notice,
the Township Committee may have said damage repaired or obstruction
removed and cause the cost thereof to be charged against said lands
abutting or bordering upon said highway, and the amount so charged
shall forthwith become a lien upon such lands and shall be collected
and enforced by the same officer and in the same manner as taxes.
C.
Said notice shall be served upon said owner or tenant, if a resident
of the Township, in person or by leaving the same at his usual place
of abode with a member of the family above the age of 14 years; and
in case said owner or tenant shall be a nonresident of said Township,
said notice may be served upon said owner or tenant in person, or
it may be served upon the occupant of the lands, or a copy of such
notice may be mailed to said owner or tenant at his last known address.
Notice to infant or mentally incompetent owners or tenants shall be
served upon their guardians. When lands are held by two or more persons
as joint tenants, tenants in common or tenants by the entirety, service
upon any one or more of such owners shall be sufficient and shall
be deemed to be notice to all.
D.
Any person who has a lien assessed against said property for the
repair of damage and or removal of obstruction by the Township shall
be notified of said lien by the Township Clerk and shall have the
right to a hearing to appeal said lien. The appeal shall be before
the Township Committee. Any person who desires a hearing must so declare,
in writing, to the Township Clerk within 10 days of receiving the
notice that a lien has been placed on his property. A hearing shall
be held not less than 30 days after receiving said notification of
appeal.
Any person who violates any of the provisions of this Article
shall, upon conviction thereof, be subject to a fine not exceeding
$500 or imprisonment in the county jail for a period not exceeding
90 days, or both.
The Township Clerk is hereby designated as the enforcing agency
for this Article.
