Township of Franklin, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin 6-27-2013 by Ord. No. 2013-02.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 131.
Littering — See Ch. 231.
Junk vehicles — See Ch. 347.
Nuisances — See Ch. 411.
[1]
Editor's Note: This ordinance was originally adopted as Chapter 250 but was renumbered because there was already an existing Chapter 250 in the Code.

§ 247-1 Prohibited conditions.

It shall be unlawful for any owner or possessor of land in this Township to do any of the following:
A. 
Permit such land to be covered with or contain refuse or debris resulting from the construction, demolition or neglect of a building, which refuse or debris has remained on the land for more than 30 days after completion of the construction work or the demolition or after the loose boards, shingles or other materials have fallen off a building, and where such refuse or debris is inimical to the preservation of the public health, safety or general welfare of the people of the Township or which refuse or debris may constitute a fire hazard.
B. 
Permit on such land an abandoned, unused or unprotected well, cellar or other unnatural declivity in which stagnant water or debris is retained or which is dangerous to a person, including a child, being or coming upon said land.
C. 
Permit to be stored or placed on such land old lumber, metal, machines or parts of machines, junk, paper, clothes, glass or refuse or any combination of them, which is either a fire hazard, retains stagnant water, emits foul or obnoxious odors or which is dangerous to a person, including a child, being or coming upon said land. "Machines or parts of machines" shall include automobiles or parts of automobiles in need of repair or which cannot be readily operated under their own power or which require substantial repairs, or abandoned automobiles.
D. 
A homeowner shall not permit water runoff from an in-home pumping apparatus to discharge in such a fashion as to cause a dangerous condition on Township sidewalks or streets. In the event that such a dangerous condition is created, the homeowner shall be notified to correct the condition by the Township. In the event the homeowner does not correct the condition, the homeowner will be subject to a fine not in excess of $2,000 per violation.

§ 247-2 Abandoned vehicles.

A. 
No person, firm or corporation shall keep, store, abandon or leave upon any highway or public property or upon private property in view of the general public anywhere in the Township any motor vehicle for a period of more than 48 hours or for any period without current license plates, without a current inspection sticker and which is not fully insured in accordance with state law; provided, however, that nothing herein contained shall be deemed to prohibit the placing, keeping, storing or abandonment of any such motor vehicle in a garage or other building in the Township or on the lands and premises of a licensed new or used automobile dealer or licensed service station or auto body shop operator where said motor vehicle is being or is about to be repaired. However, said dealer or operator cannot allow any motor vehicle or motor vehicles to be parked on his lands and premises without being under cover or without repairs thereon having been made and completed for a period exceeding 30 days, which time may be extended, for good cause shown, by the officer in charge.
B. 
Farm machinery kept on the farmer's own premises and vehicles used or to be used in the construction, operation or maintenance of public utility facilities and which are left in a manner which does not interfere with the normal movement of traffic shall not be considered abandoned vehicles for the purposes of this chapter.

§ 247-3 Junkyards and motor vehicle junkyards; fencing.

A. 
Nothing herein shall be construed to pertain to junkyards licensed or permitted under the provisions of the Zoning Ordinance,[1] except that such junkyards, as defined in said Zoning Ordinance, shall comply with the provisions of Subsection B below.
[1]
Editor's Note: See Ch. 220, Land Use.
B. 
No place shall hereafter be licensed or maintained as a junkyard or as a motor vehicle junkyard unless the premises in question shall have a suitable fence or enclosure completely surrounding said premises, which fence or enclosure must be of solid construction and must be constructed at a minimum height of six feet, and the person or persons, firm or corporation conducting such junkyard or motor vehicle junkyard shall at all times maintain said premises in a safe and sightly manner with due regard to the health, safety and general welfare of the vicinity in which said junkyard or motor vehicle junkyard is located.

§ 247-4 Investigation of complaint.

Upon written complaint of any resident or property owner of the Township of Franklin or any employee of said Township or upon his own motion, the Zoning Officer or his designated agent shall make an investigation of the condition complained of and report thereon, in writing, to the Township Clerk for the Township Committee.

§ 247-5 Notification of owner.

Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of §§ 247-1 through 247-3 hereof exists on said land, the Township Zoning Officer or his designee shall notify the owner and possessor of said lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said violation from said land within 14 days after receipt of said notice.

§ 247-6 Reinspection of unlawful condition; report.

The Zoning Officer or his designated agent shall reinspect said lands after the ten-day period shall have expired and shall report, in writing, to the Township Clerk for the Township Committee whether or not the unlawful condition complained of and previously found to exist in violation of this chapter has been abated or remedied.

§ 247-7 Failure to abate violation; remedy by Township.

In the event that the owner or possessor of said lands shall refuse or neglect to abate or remedy the condition complained of and which constituted a violation of this chapter within said 14 days, the Township Committee shall cause the condition complained of to be abated and remedied.

§ 247-8 Assessment of charges; lien.

Upon the removal of any of the materials prohibited to be stored or abandoned on lands by this chapter by or under the direction of such officer or officers of this Township in cases where the owner or tenant shall have refused or neglected to remove the same in the manner and within the time provided above, such officer or officers shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon said lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this section.

§ 247-9 Violations and penalties; additional remedies.

A. 
Any person convicted of a violation of any of the provisions of this chapter shall be punishable by a fine not exceeding $2,000 or imprisonment in the county jail for not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, at the discretion of the Judge before whom said conviction is had.
B. 
Each and every day said person fails to comply with the notice beyond the date fixed for compliance shall constitute a separate and distinct violation.
C. 
The penalties set forth in this section are separate and apart from the remedy provided for in § 247-8 hereof and the remedy provided by N.J.S.A. 40:48-2.13 and 40:48-2.14 (P.L. 1943, c. 71, as amended).