[HISTORY: Adopted by the Township Committee of the Township of Franklin 6-27-2013 by Ord. No. 2013-02. Amendments noted where applicable.]
It shall be unlawful for any owner or possessor of land in this Township to do any of the following:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
[Added 9-13-2018 by Ord. No. 2018-14]
It shall be the duty of the owner of any lands in the Township of Franklin to:
Maintain and keep living trees and or shrubbery in the road right-of-way or trees which threaten the road right-of-way of any road in the Township in a manner so as to keep the right-of-way safe to preserve the public health, safety and general welfare and to remove dead or dying trees and/or branches. Bamboos, ornamental grass and other similar plants shall be considered shrubbery for the purpose of this section.
Maintain and keep the right-of-way free of garbage, trash and other debris for the purpose of preserving the public health, safety and general welfare of the public.
On and after the effective date of this article, no structures, fences or obstructions shall be placed in the road right-of-way. No shrubbery or trees that will be placed in the right-of-way shall interfere with the sight distance from any property and/or under utility lines. The foregoing shall not be deemed to prohibit the placement of mailboxes and house numbers in the right-of-way.
Existing trees and shrubbery shall be maintained so as not to interfere with the sight distance from any property and to keep the right-of-way safe to preserve the public health, safety and general welfare.
If any condition exists that violates this article, the Township Zoning Officer or the Supervisor of the Department of Public Works shall notify the owner of the property of such condition or conditions, in writing, by regular mail or personal delivery. The owner of the property shall have 45 days from the date of such written notice to correct the condition or conditions so noticed. The Zoning Officer or the Supervisor of the Department of Public Works shall reinspect the lands in question after the forty-five-day period has expired to determine if the condition or conditions have been abated or remedied.
If the owner of the lands in question fails to abate or remediate the condition or conditions noticed by the Zoning Officer or the Supervisor of the Department of Public Works within 45 days of the notice, the following shall occur:
A complaint shall be issued by the Zoning Officer or the Supervisor of the Department of Public Works for the violation or violations of this article, which complaint shall be brought before the Municipal Court of the Township of Franklin.
If it is necessary to preserve the public health, safety or general welfare of the Township, the Zoning Officer or the Supervisor of the Department of Public Works shall cause the condition or conditions complained about to be abated or remedied and shall certify the cost of abatement or remediation to the Township Committee of the Township of Franklin. The amount of such abatement or remediation shall be paid by the owner, tenant or person in possession within 10 days of the date of the mailing by which the invoice is sent to the aforesaid person.
If the said invoice is not so paid, the amount so charged shall be added to and become a part of the taxes next to be assessed upon the lands in question and shall bear interest at the same rate as municipal real estate taxes, and shall be collected and enforced by the same officer and in the same manner as delinquent taxes.
For each day the condition or conditions complained of continue to exist after the fourteen-day period has expired, the owner in possession shall be subject to one or more of the following: a fine of not less than $20 nor more than $200, imprisonment for a period not to exceed 90 days or a period of community service not to exceed 90 days for each and every day the condition or conditions exist.