Township of Mount Olive, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Township of Mount Olive 3-22-1972 by Ord. No. 3-72 (Ch. 155 of the 1990 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance – See Ch. 302.
Public health nuisances – See Ch. 433.
Any unsafe, open and abandoned mine hole and any unsafe, open and abandoned mine shaft excavation situate within the limits of the Township of Mount Olive, County of Morris and State of New Jersey, is hereby declared a public nuisance.
For the purposes of this chapter, any open and abandoned mine hole, open and abandoned mine shaft or open and abandoned mine excavation shall be deemed unsafe if it is:
A. 
Unguarded or inadequately guarded against injury, harm or loss of life to a person or persons, whether children or adults;
B. 
Though adequately guarded against injury, harm or loss of life to a person or persons, whether children or adults, if it is located on real estate abutting on any street, road or highway and if it has caused or is likely to cause damage to said street, road or highway or to constitute a hazard to a person or persons using said street, road or highway; or
C. 
Though adequately guarded against injury, harm or loss of life to a person or persons, whether children or adults, if it is located sufficiently near a dwelling, building or structure and it has caused or is likely to cause damage to said dwelling, building or structure or to constitute a hazard to a person or persons using said dwelling, building or structure.
Any such public nuisance shall be abated by the owner or owners of the lands upon which such public nuisance is located after notice, in writing, shall have been given to said owner or owners as hereinafter set forth.
The notice referred to herein shall be issued by either the Mayor, the Building Inspector or the Township Engineer and shall require the owner or owners of the lands upon which such public nuisance is located to abate such public nuisance and shall set forth the manner in which such public nuisance and shall set forth the manner in which such public nuisance shall be abated. Said notice shall further provide that the owner or owners have 30 days after service of the notice to abate such public nuisance, and should they fail to do so, the Township of Mount Olive may cause such public nuisance to be abated and the reasonable cost thereof charged against said owner or owners, and that the cost thereof will be a lien on such lands and will be assessed thereon and collected in the same manner as local taxes are collected.
The notice referred to in § 259-4 herein shall be served upon the owner or owners of the lands upon which such public nuisance is located, if residents of the Township of Mount Olive, in person or by leaving it at their residence with a member of the family over the age of 14 years. If such owner or owners shall not reside in the Township of Mount Olive, notice may be served in person or be mailed to their last known post office address or be served upon the occupant of the property or upon the agent of the owner in charge thereof. If said owner or owners are unknown or service cannot be made as above directed, the notice shall be published at least once in a newspaper circulating in the county, not less than 40 days before the Township of Mount Olive shall take action to abate such nuisance.
In the event of the failure of the owner or owners of the lands upon which such public nuisance is located to abate the nuisance, such nuisance shall be abated by the Township of Mount Olive, and the cost of said abatement shall be a lien on such lands and shall be assessed thereon and collected in the same manner as local municipal taxes are collected.
[Amended 9-25-1990 by Ord. No. 40-90]
Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be punishable by one or more of the following: by imprisonment for a term not exceeding 90 days or by a fine not exceeding $1,000 or by a period of community service not exceeding 90 days.