[Adopted 4-17-1995 by Ord. No. 5-95; amended in its entirety 11-18-1996 by Ord. No.
12-96 (Ch. 106, Art. I, of the 1981 Code)]
No person shall deposit, blow, plow or shovel any snow or ice
accumulating on private property onto a street in the Township of
Allamuchy.
No owner, tenant, occupant or other person having charge of
any dwelling, store, building or lot having parking spaces reserved
for the handicapped nor any contractor, subcontractor or other person
shall block access to such parking spaces reserved for handicapped
drivers by the plowing, piling, placement, blowing or shoveling of
snow or ice into such spaces.
It is hereby declared to be the policy of the Township of Allamuchy
that, upon the installation of street improvements and the pavement
of the same by a developer (prior to the acceptance of those street
improvements by the Township), the developer shall be responsible,
at the cost of the developer, to remove the snow and/or treat ice
which accumulates on such roads and driveways. The developer shall
be obligated as part of any developer's agreement between the Township
and the developer to so provide for the removal of snow and ice. Should
the developer fail to provide for such removal, the Township may,
in its sole discretion, cause such snow and ice to be removed at the
cost and expense of the developer. In that event, the developer shall
not seek compensation from the Township of Allamuchy pursuant to N.J.S.A.
40:67-23.5 and shall be liable for all reasonable costs thereof incurred
by the Township. The Township shall not be obligated to provide advance
notice to the developer of the Township's intention to cause snow
and/or ice to be removed if, in the reasonable judgment of the Supervisor
of the Road Department, such snow and/or ice poses a threat to the
health, safety and welfare of the residents of the Township who use
such roads and driveways.
A.
The Supervisor of the Road Department or his designated agent may,
in his sole discretion, if the health, safety or welfare of the citizens
of the Township of Allamuchy shall require the same, cause the removal
of snow and/or ice (or provide for the treatment of the same) at the
cost and expense of the owners of the lands abutting upon the subject
roads or sidewalks as follows. Upon such removal, the following procedure
shall apply regarding the payment and collection of the amounts expended
by the Township of Allamuchy:
(1)
The officer or employee of the Township in charge of the removal
of snow and ice shall certify the cost thereof to the Mayor and Council.
(2)
The Mayor and Council shall examine such certificate and, if found
to be correct, shall cause such cost to be charged against such lands
after affording the owner of the property a reasonable opportunity
to appear before the Mayor and Council or its designated agent.
(3)
The amounts charged shall immediately become due and payable to the
Township. If the owner of the property fails to pay such amounts,
the same shall become a lien on the property of such owner and shall
bear interest in the same manner as is charged on unpaid taxes. Such
unpaid amounts shall be deemed, for the purpose of collection thereof,
a tax upon such real estate to be added to and become a part of the
taxes next to be levied and assessed against that real estate. Such
tax shall be enforced and collected with interest by the same officer
and in the same manner as all other municipal taxes.
B.
In the event that the Township of Allamuchy shall cause snow or ice
to be removed, the owner or developer of the lands abutting the subject
roads, driveways or sidewalks shall indemnify and hold harmless the
Township of Allamuchy and its officers and employees from and against
all liability, including loss, damage, costs, attorneys' fees, causes
of action, claims and/or judgments arising from said snow and ice
removal. For the sole purpose of this section and for no other purpose,
the owner or developer shall be deemed to have appointed the Township
of Allamuchy as the owner's or developer's agent should the Township
cause snow and/or ice to be removed from such owner's or developer's
property.
For a first offense, any person violating the provisions of this article shall be provided written notice of the violation, which shall contain a warning that subsequent repeat violation will result in the issuance of a complaint in the Municipal Court of the Township of Allamuchy. For any second or subsequent offense, a person shall, upon conviction, for each offense, be liable to the general penalty in Chapter 1, Article II, General Penalty, of the Township Code, including a fine of not less than $50.
The Supervisor of the Road Department and his designated agents are hereby authorized to enforce this article and to serve notice and file complaints pursuant to § 270-17.
