An open or unguarded well, cistern, cesspool
or excavation in which there has accumulated any surface or drainage
water, or any abandoned well, cistern, cesspool or excavation which
is no longer being used, situated within the Township of Burlington,
is hereby declared to be a public nuisance.
The enforcement official designated herein to
provide for the enforcement of the provisions of this chapter shall
be the Burlington Township Construction Code Official.
For the purposes of this chapter, an open or
unguarded well, cistern or cesspool is one which is not securely covered
by a cover sufficient to withstand 500 pounds pressure per each 10
square feet of the cover area, or completely enclosed by a permanent
fence at least four feet in height; an unguarded excavation is one
which is not completely enclosed by a fence at least four feet in
height; and an abandoned excavation is one for which further construction
has been permanently discontinued.
Any such public nuisances shall be abated without
further notice by the owner of the land on which such public nuisance
exists, and all abandoned wells, cisterns, cesspools or excavations
which are no longer being used shall be filled and brought to the
existing grade.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine or imprisonment in accordance with the general provisions of Chapter
1, Article
II, Definitions; General Penalty, of this Code.
When any person violating any of the provisions
of this chapter fails or refuses to abate any of the aforesaid nuisances,
the Township Council may cause such nuisance or nuisances to be abated,
and the reasonable cost of such abatement shall be chargeable against
the owner of the land on which such nuisance or nuisances shall have
existed. Such costs shall be a lien on such lands and shall be assessed
against such lands and collected in the same manner as local municipal
improvement assessments.