As used in this article, the following terms
shall have the meanings indicated:
Any and all ditches, stormwater drains and natural depressions
in the earth whereby surface waters are permitted to drain off.
The owner or owners, tenant or tenants of lands
which may abut or border upon any ditch or ditches or upon which land
any such ditch or ditches may be located shall keep any such ditch
or ditches located on said land or abutting said land clear and free
of all dirt, waste matter or other obstruction or shall cause any
such ditch or ditches to be kept clear and free of dirt, waste matter
or other obstruction in order to allow the uninterrupted flow of water
passing through such ditch or ditches.
The owner or owners, tenant or tenants of lands
which may abut or border upon any ditch or ditches or upon which land
any such ditch or ditches may be located shall not obstruct any such
ditch or ditches in any manner whatsoever, nor shall such owner or
owners, tenant or tenants as aforesaid install or cause to be installed
any other ditch or ditches, culverts, pipelines or bridges of any
kind whatsoever over any such ditch or ditches, nor shall such owner
or owners, tenant or tenants change or cause to be changed the line
or grade of existing ditches; provided, however, that upon application
being made to the Township Council, which application shall be first
presented to the Township Engineer and endorsed with his approval,
the said Township Council may authorize and consent to any of the
above acts hereinbefore prohibited.
The owner or owners, tenant or tenants of any lands contiguous or adjoining each other, which lands are separated by any ditch or ditches, or which ditch or ditches may border or abut two or more properties, shall have the duty, to keep open such ditch or ditches or cause such ditch or ditches to be kept open, clear and free of all dirt, waste matter or other obstruction, and in case of refusal or neglect to do so, the expense paid or incurred by the Water Superintendent or officer having charge of the streets and highways in said Township, as specified in § 168-16 hereinafter set forth, shall be equally divided and assessed against the owner or owners, tenant or tenants of such lands.
It shall be the duty of the Water Superintendent
or officer having charge of the streets and highways of the Township
of Saddle Brook to inspect or cause an inspection to be made of the
ditches located on or abutting the various properties in the Township
of Saddle Brook at least once in three months or at such times as
he may deem it necessary, and it shall further be the duty of said
Water Superintendent or said officer in charge of the streets and
highways as aforesaid, upon complaint being made to him in writing
or upon his own knowledge after such inspection, to cause a notice
in writing to be served upon the owner or owners, tenant or tenants
of the lands upon which any such ditch or ditches may be located or
which may abut any such ditch or ditches, requesting such owner or
owners, tenant or tenants to remove from the said ditch or ditches
all dirt, waste matter or other obstructions as may have gathered
therein, or to reopen said ditch or ditches, and to maintain said
ditch or ditches so that the water passing through the same shall
have a free and uninterrupted flow, and such notice shall further
request that such removal take place within three days from the time
of service of such notice.
A.
If the owner or owners of any land upon which any
such ditch or ditches may be located or which may abut any such ditch
or ditches do not reside in the Township or cannot be found, the notice
above specified may be mailed by the said officer to the said owner
or owners at his or their last known post office address or addresses.
B.
If the tenant or tenants of any land upon which any
such ditch or ditches may be located or which may abut any such ditch
or ditches cannot be served with said notice, then the said officer
may effect service of same by mailing the same to the tenant or tenants
at his or their post office address or addresses.
In case such owner or owners, tenant or tenants
of any land upon which any such ditch or ditches may be located or
which may abut any such ditch or ditches shall neglect or refuse to
cause such removal to be made within the time above limited, it shall
be the duty of the Water Superintendent or officer having charge of
the streets and highways of said Township to remove or cause to be
removed such dirt, waste matter or other obstruction from any such
ditch or ditches as aforesaid.
The cost paid or incurred by such Water Superintendent
or such officer for making such removal, with proof of service duly
endorsed thereon, shall be by him certified to the Township Council,
which shall examine such certificate and shall cause the costs as
shown thereon to be charged against the lands upon which any such
ditch or ditches may be located or which may abut any such ditch or
ditches, and 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
then next to be assessed and levied upon said lands and shall be enforced
and collected according to law.
