[Adopted 4-12-1971 by Ord. No. 1971-02 (Ch. 18, Part 3, of the 1985 Code
of Ordinances)]
All existing or abandoned cesspools, open wells, air shafts,
privies, vaults, septic tanks which are not completely enclosed in
concrete, and other similar openings in the earth's surface,
constitute a dangerous and hazardous condition to the general welfare
and safety of the residents of the Township.
All existing cesspools, open wells, air shafts, privies, vaults,
septic tanks and other similar openings in the earth's surface
shall be completely enclosed in concrete and shall have thereon a
concrete top; said existing openings shall be so constructed within
three months of the effective date of the passage of this article.
All abandoned cesspools, open wells, air shafts, privies, vaults,
septic tanks which are not completely enclosed in concrete and similar
openings in the earth's surface shall be removed or filled within
three months of the effective date of the passage of this article.
Whenever any cesspool, open well, air shaft, privy, vault, septic
tank and similar openings in the earth's surface are abandoned
because of the extension of water and/or sewer systems into the affected
area or for any other reason whatsoever, removal or backfilling or
construction or reconstruction so as to conform to this article must
be completed within three months of the abandonment.
Proper construction and maintenance, removal, filling or backfilling
shall be the responsibility of the property owner whose premises contain
an existing or abandoned cesspool, open well, air shaft, privy, vault,
septic tank not completely enclosed in concrete or similar opening
in the earth's surface.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys’ fees, incurred by the Township in the enforcement
of this article. No judgment shall be imposed until the date of the
determination of the violation by the Magisterial District Judge.
If the defendant neither pays nor timely appeals the judgment, the
Township may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Township are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
