The power of the municipality to supply sewer service
and to regulate the same is provided by R.S. 40:62-2, et seq., and
R.S. 40:63-1, et seq.
As used in this chapter, unless a different meaning clearly
appears from the context, the following words shall have the following
meanings:
Means any building or structure heretofore or hereafter constructed
and designed or used for dwelling purposes, either temporary or permanent,
or designed or used for other use or occupancy by persons.
When used with respect to a building constructed prior to
the date of the initial operation, as part of any sanitary sewage
treatment and disposal system in the township owned or operated by
the township or the Township of Ocean Sewerage Authority, of a sewer
available to serve the building, means the 90th day next ensuing after
the date of initial operation, and, when used with respect to a building
constructed after the date of initial operation, as a part of any
sanitary sewage treatment and disposal system owned or operated by
the township or the authority, of a sewer available to serve the building,
means the 90th day after the date of completion or construction, or
the date of initial occupancy, of the building, whichever of said
dates shall be earlier in point of time.
Means any sewer or main designed or used for collection or
disposal of sanitary sewage and located in any public street in the
township.
The owner of any building located upon any public street in
the township in which a sewer is now constructed or shall be hereafter
constructed, shall prior to the connection date with respect to the
building install a toilet in the building unless a toilet is then
installed therein and connect such building and every toilet therein
with the sewer.
Every connection required by this chapter shall be made with
soil pipe of cast iron, calked and leaded or in accordance with the
ordinances of the Township of Ocean and the Rules and Regulations
of the Township of Ocean Sewerage Authority, extending from inside
the building foundation to a sewer, or to a point which is not less
than five feet outside of the foundation and connected therefrom to
a sewer with soil pipe of asbestos cement or other approved fibre
or synthetic material with slip points or rubber gaskets. All soil
pipes shall not be less than four inches in diameter and every connection
required by this chapter shall be made in a manner to discharge into
the sewer all sanitary sewage originating in the building, and in
all other respects as required by the ordinances of the Township of
Ocean, and the Rules and Regulations of the Township of Ocean Sewerage
Authority.
Upon receipt by the township division of health of notification
from the Township of Ocean Sewerage Authority or from the township
that any sewer is available to serve buildings on any properties in
the township, the township division of health shall order each owner
of property along the line of the sewer to connect each building on
such property with the sewer in accordance with the terms of this
chapter.
The township health officer shall give notice to the owner of property with respect to which an order is issued pursuant to section 19-4. Such notice shall be addressed to the owner of the property as the name appears in the last tax duplicate of the Township of Ocean, shall describe the property by lot and block designation as the same appears on the tax map of the Township of Ocean and by the street address if a street address exists, and shall state that by order of the division of health the owner is required to connect each building on the property with a sewer in accordance with the terms of this chapter on or before the connection date with respect to such building, or, if such connection date shall have passed, within 30 days after service of such notice as hereinafter provided, and the notice shall also describe the penalty which may be imposed hereunder for failure to comply with the notice and order in accordance with the terms of this chapter. Notice may be served on the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 18 years. Notice may also be served within or without the limits of the Township of Ocean by mailing the same by registered mail to the last known post office address of the owner as the same appears on the last tax duplicate of the Township of Ocean.
Any person or corporation who shall not comply with any order
issued in accordance with the provisions hereof within 30 days after
notice by the proper officer of the department of health as hereinabove
provided, shall, upon complaint by the secretary of the Township of
Ocean Sewerage Authority or any other person, and upon conviction,
forfeit and pay a fine of $25 and shall also forfeit and pay an additional
fine of $10 for each day of delay, after the expiration of the period
of 30 days, in which the provisions of the order or notice are not
complied with. Penalties under this section may be enforced in the
Magistrate's Court of the Township of Ocean in the manner provided
by law.
In addition to the penalty as set forth in section 19-6 hereof, if the owner of any property in the township shall fail to make any connection or installation required by this chapter within the time herein required, the township may proceed to make such connection or installation, or cause the same to be made, and charge and assess the cost thereof against such property, pursuant to the authority of Section 40:63-54 of the Revised Statutes of New Jersey.
The Township of Ocean, in the County of Monmouth, New Jersey,
does hereby determine that it will be economical and otherwise advantageous
to it, to the Township of Ocean Sewerage Authority and to the residents
and property owners of the township, for the township and the authority
to enter into a contract providing for and relating to the treatment
and disposal of sewage and other wastes originating in the township
by means of a sanitary sewerage system, which system is to be constructed
by the authority and the cost and expense of such treatment and disposal,
which contract, among other things, shall obligate the authority to
proceed promptly with the construction and placing in operation of
the sewerage system and obligate the township to pay to the authority
such fixed and other sums of money as may be necessary to provide
for deficits which might result from failure or disability of the
authority to derive adequate revenues from the operation of its properties,
all substantially on the terms of the contract authorized by this
section.
The Township of Ocean, in the County of Monmouth, New Jersey,
shall enter into a single contract with the Township of Ocean Sewerage
Authority providing for and relating to the treatment and disposal
of sewage and other wastes and the cost and expense of such treatment
and disposal, on the terms and conditions and substantially in the
form set forth in the contract on file with the township clerk, and
the Mayor shall be and he hereby is authorized and directed on behalf
of the township to execute the contract under the corporate seal of
the township, which shall be affixed and attested by the township
clerk, and to deliver the same.
A copy of the contract between the Township of Ocean Sewerage
Authority and the Township of Ocean shall be filed with the township
clerk and shall be available for public inspection at the office of
the clerk.
As used in this section:
a.
BUILDING - Means any building or structure heretofore or hereafter
constructed and designed or used for dwelling purposes, either temporary
or permanent, or designed or used for other use or occupancy by persons.
b.
SEWER - Means any sewer or main designed or used for collection or
disposal of sanitary sewage within the township.
The owners of any building, now or hereafter constructed in
the township, shall not cause or permit the discharge of cellar, roof
drain, subground or surface waters into the sanitary sewer system
of the Township of Ocean Sewerage Authority.
Upon receipt of notice of a violation of subsection 19-9.2 by the division of health of the township from the township sewerage authority, or upon the division of health's becoming cognizant of a violation of subsection 19-9.2 to cease and desist within 10 days of notice. The division of health shall designate one of its proper officers to give notice to the owner of the building with respect to which an order is issued pursuant to this subsection. Such notice shall be addressed to the owner of the property as the name of the owner appears on the last tax duplicate of the township, shall describe the property by lot and block designation as the same appears on the tax map of the township and by the street address if a street address exists; and shall state that by order of the division of health the owner is required to disconnect each building on the property draining water from cellars and roof drains into the system within 10 days of the notice. The notice shall also describe the penalty which may be imposed hereunder for failure to comply with the notice and order in accordance with the terms of this section. The notice may be served upon the owner personally or by leaving it at his usual place of abode with a member of his family above the age of 14 years. The notice may also be served within or without the limits of the Township of Ocean by mailing the same by registered mail, return receipt requested, to the last known post office address of the owner as the same appears on the last tax duplicate of the township.
[Ord. 712, § 5; Ord. 1653, § VII; Ord. No. 2014-2217]
Any person found guilty of violating any provision of this section
shall be subject to one or more of the following: imprisonment for
any term not exceeding 90 days; or by a fine not exceeding $2,000;
or by a period of community service not exceeding 90 days. Each day
of violation shall constitute an additional, separate and distinct
offense.
