[1997 Code § 134-4]
The accumulation of brush, weeds, stumps, roots, debris, scrap
metal or mechanical parts or grass over 10 inches in height or other
substances creating a health, fire, safety or traffic hazard or public
nuisance or the collection of stagnant waters or the existence of
some other conditions injurious to the public health and safety upon
any lands lying within the City of Absecon City is hereby declared
a nuisance, and the owner of said land shall, after notice from the
Zoning Officer, remove brush, weeds, stumps, roots, debris, scrap
metal or mechanical parts or grass over 10 inches in height or other
such substances from such lands or, in the case of stagnant waters
or conditions injurious to the public health and safety, shall cause
such land to be filled with fresh earth, gravel or sand in order to
raise the land to the established grade and to eliminate such conditions.
Asphalt, rubble or other trade wastes shall not be dumped or allowed
to accumulate upon or above the established grade of any such lands.
The Zoning Officer shall have the power to make periodical inspections within the City in order to ascertain when and wherein there exists conditions, or any of them, as hereinbefore described which constitute any health, fire, safety or traffic hazard or public nuisance or are injurious to the public health and safety and, where such condition is found to exist, to notify the owner of the lands to remove or abate such condition within 10 days from the date of the notice. Any such notice may be served personally upon the owner, tenant, agent or owner or tenant or occupier of the land upon which such condition exists or, if such person cannot be personally served within the City of Absecon City, may be mailed by certified mail, return receipt requested, to the address of the owner as set forth on the tax records of the City of Absecon City. Notice to the tenant, agent or occupier shall be constructive notice to the owner. [N.J.S.A. 40:48-2.13; 1997 Code § 134-5]
[1997 Code § 134-6]
In the event of the failure of the owner so notified to remove
or abate the condition within 20 days of the date of notice as aforesaid,
the City Council may cause the removal or abatement of such condition
or conditions, and in such case the officer in charge of removal or
abatement shall certify, in writing, to the City Council the cost
thereof, which cost, if found correct, shall be charged against said
land, and the amount so charged shall forthwith become a lien upon
said land and shall be assessed and levied upon said land and shall
bear interest of the same rate as taxes and shall be collected and
enforced by the same officer and in the same manner as taxes.
[1997 Code § 134-7]
In the event of the failure of the owner of said land to remove
or abate such condition existing thereof within the time required
after the service of the notice hereinbefore mentioned, and in addition
to the remedies hereinbefore provided, such person shall be in violation
of this Article and, upon conviction thereof by the Judge of the Municipal
Court of the City of Absecon City, shall be punished by a fine of
not less than $50 nor more than $200 and/or imprisonment for not more
than 30 days. Each day during which the violation continues after
notice shall be considered a separate offense.
