[Ord. 561, 6/1/1987]
As used in this Part, the following terms shall have the meanings
indicated, unless a different meaning clearly appears from the context:
Owner for the purpose of this Part when the lessor holds
the lessee responsible for maintenance and repairs.
Any condition, structure, or improvement which shall constitute
a threat or potential threat to the health, safety, or welfare of
the citizens of the Township of Elizabeth.
The actual owner, agent or custodian of the property on which
machinery, equipment or materials are stored, whether individual or
partnership, association, or corporation.
A natural person, firm, partnership, association, corporation,
or other legal entity. In this Part, the singular shall include the
plural; the plural shall include the singular; and the masculine shall
include the feminine and the neuter.
[Ord. 561, 6/1/1987]
It shall be unlawful for any person to create or maintain any
condition upon their property which could directly or indirectly cause
a nuisance or health hazard to residents of the Township. Specifically,
the unsheltered storage or maintenance of unused, stripped, damaged
and generally unusable machinery or equipment, or materials, shall
be considered a nuisance and/or health hazard if any of the following
conditions exist:
1.
Broken glass or metal parts with sharp or protruding edges.
2.
Openings or areas which are conducive to the harboring and growth
of vermin.
3.
Storage in any manner which would allow the equipment, machinery,
material or any parts thereof to easily shift, tilt, or fall from
its original storage position.
4.
Contains any liquid or material of a hazardous or potentially hazardous
nature, including, but not limited to, gasoline, oil, battery acids,
refrigeration agents, and poisons.
5.
Any other condition which, in the opinion of the inspecting official
shall be deemed to be a health hazard, potential health hazard or
nuisance.
[Ord. 561, 6/1/1987]
Storage of such items as listed in § 202 hereof on
personal property shall be permitted only in strict compliance with
the regulations provided herein or with stricter regulations in other
Township ordinances, or in State or Federal laws. Each person, owner
or lessee desiring to store items described in § 202, must
first apply for a permit for either temporary or permanent storage
and pay a fee to the Township such as may be provided from time to
time by resolution of the Board of Commissioners. The nuisance(s)
must be stored within a garage or other enclosed building or, outside
within an opaqued fence at least six feet high which is locked at
all times when unattended. With the special approval of the Board
of Commissioners nuisances may also be stored outside in an area enclosed
by a chain link fence, at least six feet high, screened by shrubbery
around the perimeter to the height of the fence, with an unobstructed
gate capable of admitting fire or emergency equipment. Such gate shall
remain locked at all times when unattended. In addition the machinery,
equipment, or materials shall be kept free of vermin infestation while
being stored; and all gas, oil or other potentially hazardous substances
shall be removed. The total area of storage of such potential nuisances
may not exceed ____________ square feet.
Nothing herein shall be construed to permit the storage of machinery,
equipment, or material nuisances contrary to the provisions of the
Township Zoning Ordinance.
[Ord. 561, 6/1/1987]
1.
The Township Ordinance Officer is hereby empowered to inspect grounds
on which machinery, equipment, and/or various materials are stored
to determine if there is compliance with the provisions of this Part.
If noncompliance with the provisions of this Part constitutes a nuisance,
or if any condition, structure, or improvement poses a threat to the
health, safety, or welfare of the public, he shall issue a written
notice to be served by registered or certified mail upon the owner
of said premises, or, if the owner's whereabouts or identity be unknown,
by posting the notice conspicuously upon the offending premises.
2.
Said notice shall specify the condition considered to be a hazard
and/or nuisance and shall require the owner to commence to remove
or otherwise rectify the condition as set forth in the notice within
10 days of mailing or posting of said notice, and thereafter, to fully
comply with the requirements of the notice within a reasonable time.
[Ord. 561, 6/1/1987]
If the owner of grounds on which machinery, equipment, and/or
materials are stored does not comply with the notice to abate the
conditions, within the time limit prescribed, the Township shall have
the authority to take measures to correct the conditions and collect
the cost of such corrections plus 10% of all costs. The Township,
in such event and pursuant to its statutory or otherwise authorized
police powers, shall have the right and power to enter upon the offending
premises to accomplish the foregoing.
[Ord. 561, 6/1/1987; as amended by Ord. 577, 8/1/1988, § 2I]
Any person who shall violate any provision of this Part shall,
upon conviction thereof, be sentenced to pay a fine not more than
$1,000, and/or to undergo imprisonment for a term not to exceed 90
days. Each day that a violation of this ordinance continues shall
constitute a separate offense.
[Ord. 561, 6/1/1987]
The remedies provided herein for the enforcement of this Part,
or any remedy provided by law, shall not be deemed mutually exclusive;
rather they may be employed simultaneously or consecutively, at the
option of the Board of Commissioners.
