[Amended 8-24-2010 by Ord. No. 2010-15]
For the purposes of this article, the following terms and phrases
shall have the meanings set forth in this section, unless a different
meaning is clearly indicated by the context:
Includes any brush, hedge, shrubbery, tree, or other plant
life and/or any land, rock, fence, wall, or other structure or item
situate in or over or intruding upon or enclosing any Township right-of-way
or portion thereof.
Includes all public streets, roads, avenues, highways, lanes,
alleys, public places, ways and easements of the Township, including
those dedicated but as yet unaccepted, for the full width thereof,
whether or not the same are now or may hereafter be actually in use
for a lesser width than the established width thereof.
It shall be a violation of this article to place an encroachment,
obstruction, or encumbrance in the right-of-way which interferes with
the public use or impairs the public safety or welfare. Adjacent property
owners or others who place in the right-of-way an encroachment, obstruction
or encumbrance which does not interfere with the public use or impair
the public safety or welfare do so at their own risk. Under no circumstances
shall the Township be responsible to repair or replace personal property
placed in the right-of-way if damaged by snowplow or other Township
vehicle under any circumstances. A person placing an encroachment,
obstruction, or encumbrance in the right-of-way shall indemnify the
Township for any liability caused by the placement.
A municipal officer or employee designated by the Township Manager
to enforce this article (hereinafter "enforcement official") shall
be empowered to declare any encroachment, obstruction or encumbrance
in, on, over or upon any Township right-of-way an interference with
the public's use or an impairment to the public safety or welfare
of the Township or its inhabitants and order the same to be abated
by the removal of the encroachment, obstruction or encumbrance in
such manner and to such extent as they may designate.
Whenever the enforcement official shall declare any obstruction,
encroachment or encumbrance in, on, over or upon any Township right-of-way
an impairment or interference, they shall give written notice to the
owner or tenant of the lands in, on, over or in front of which any
such obstruction, encroachment, or encumbrance is located to abate
it in the manner set forth in such notice. The notice is to be mailed
to the last known address of the owner or tenant or left at the owner's
or tenant's residence with a member of his family above the age of
14 years.
Should the aforesaid owner or tenant fail to abate within 30
days after receiving the written notice and in the manner set forth
therein, the Township, through its agents, servants and employees,
may abate and charge the cost thereof against the premises in, on,
over or in front of which the encroachment, obstruction or encumbrance
is located. The cost shall be certified to the Mayor and Township
Council, and if found correct they shall cause the cost as shown to
be charged against the lands, or in the event that the Mayor and Council
deem such cost to be excessive, they shall determine a reasonable
amount thereof to be charged against the 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 such lands, the same to bear interest at the same rate as other
taxes, and shall be collected and enforced by the same officers and
in the same manner as taxes.
A.
Any person who refuses or neglects,
after written notice as above set forth, to comply with the demands
therein made with respect to the abatement within 30 days after receiving
the written notice shall, upon conviction thereof, be liable to a
penalty not to exceed a fine of $100, and each and every day in which
the person neglects to abate shall constitute a separate offense.
B.
The imposition and collection
of any fine or penalty prescribed by this section shall not bar the
right of the Township to collect the cost of the abatement as specified
in this article, and the remedies shall be cumulative.
