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.
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.
[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:
A. 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.
B. 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.
C. 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.
D. 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. 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.
B. 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.
C. 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.