[Adopted 6-14-2000 by Ord. No. O-36-00]
The Municipal Council hereby declares its intent
to regulate and control the flow of any ground- or surface water except
sanitary sewer waters into its sanitary sewer system. It is the intent
of this Part 3 to prevent groundwaters, surface water and any other
waters from directly entering the sanitary system owned by the City
of Rahway by means of sump pumps, storm drains, roof drains, yard
drains or any other devices and to provide penalties for the violations
of same.
Following the adoption and publication of this
Part 3, and after it is effective, the city administration, through
its agents, servants and employees, shall canvass the properties within
the City of Rahway and advise the residents and/or owners of the purpose
and intent of this Part 3 along with the possible penalties for failure
to comply with its requirements. Thereafter, whenever it is necessary
for a property owner to obtain a certificate of occupancy or a continued
certificate of occupancy and/or there is a transfer of any ownership
of any residence or commercial building, the Construction Office and/or
the registered environmental health specialist in the Department of
Health shall be required to perform the following duties and acts:
Upon application for a certificate of occupancy or continued certificate
of occupancy, the Construction Official and/or the registered environmental
health specialist in the Department of Health shall inspect, within
10 days, excluding weekends and holidays, the subject premises in
order to determine whether any sump pumps or drains or other devices
are discharging any waters directly into the sanitary sewer system
owned by the City of Rahway. In the event that he determines that
there is such discharge, no certificate of occupancy or continued
certificate of occupancy shall be issued to the possessor of said
property until said condition is removed. Upon the inspection of such
dwelling, the Construction Official and/or the registered environmental
health specialist in the Department of Health shall file an appropriate
affidavit indicating that said inspection has been made and shall
file same with the City Clerk.
No person shall connect a sump pump, storm drain,
roof drain, yard drain or any other mechanical device which shall
directly discharge nonsanitary sewage waters directly into the municipal
sanitary sewer system of the City of Rahway.
In the event that the owner or occupant of real property in the City of Rahway violates any section of this Part 3, the Construction Official and/or the registered environmental health specialist in the Department of Health shall be empowered to give notice to the property owner of the violation of same, and the same shall be corrected within 90 days thereof. In the event that the property owner fails to comply with the order of the Construction Official and/or the registered environmental health specialist in the Department of Health, they shall be determined to be in violation of this Part 3.
For the purpose of administering and enforcing this Part 3, any duly authorized officer, agent or employee of the city shall have the right to enter into and upon any lands and may examine and inspect such lands. If the authorized officer, agent or employee is denied access to such lands, a summons may be issued. The rights and powers authorized by this section shall not be effective until written notice of the request to enter upon such lands and the terms of this Part 3 shall be given to such owner and/or occupant on at least two occasions 10 days apart prior to the rights granted herein.
The Construction Official and/or the registered
environmental health specialist in the Department of Health are hereby
designated as the enforcement officials.
A.
Any person violating any of the provisions of this
Part 3 shall, upon conviction thereof, be subject to a penalty not
exceeding $500 or to community service for a period not exceeding
90 days.
B.
Subsequent violations of the provisions of this Part
3 may result in the necessary work to correct the violation being
performed by or on behalf of the city at the owner's expense. Such
expense shall be a lien against the premises and subject to collection
in accordance with N.J.S.A. 40:48-2 et seq. and N.J.S.A. 40:48-2.12f.
Prior to commencing a foreclosure or forfeiture action on such lien,
every reasonable effort shall be taken to establish a payment schedule
and ensure compliance with such payment schedule to repay such expenses
and the costs of collection, including reasonable attorneys fees.
