[Derived from Ch. III, Sec. 3-4, of the 1978 Code]
It is hereby determined and declared that the existence of ragweed within the borough constitutes air pollution; and it is deemed necessary and expedient for the correction of air pollution that it is in the public interest that an ordinance to retard the growth of ragweed be enacted.
It shall be unlawful for any owner, tenant or occupant of any lot or tract of land or any part thereof in the borough to permit or maintain on any lot or tract of land lying within the limits of the borough any ragweed constituting air pollution.
It shall be the duty of such owner, tenant or occupant of any such lot or tract of land, or any part thereof, in the borough to cut or remove or cause to be cut and removed, or otherwise destroyed, all ragweed constituting air pollution within 10 days after receiving notice to do so from the Board of Health to the borough, which notice may be effected by personal service or by mail, registered, return receipt requested; the redelivery by proper postal official authorities of the return receipt bearing signature of the address shall be presumed to be proof of such notice.
Should the person upon whom such notice is served fail, neglect or refuse to cut or remove or cause to be cut and removed or otherwise destroyed all such ragweed within 10 days after service of such notice, the borough may cause such ragweed to be cut and removed or otherwise destroyed and the actual cost of such cutting and removal or destroying shall be certified by the Secretary of the Board of Health to the Collector of Taxes and shall thereupon become and be a lien on the property on which such ragweed was located and shall be added to and form a part of the taxes next to be assessed on the lot or tract of land and shall be collected and enforced by the same office and in the same manner as taxes.
Any owner, tenant or occupant who shall neglect to cut and remove or otherwise destroy such ragweed as directed by this article, or who shall fail, neglect or who shall resist or obstruct the borough or its employees, provided for, or who shall violate any provisions of this article, or who shall resist or obstruct the borough or its employees, agents or contractors in the cutting, removal or destroying of such ragweed, upon conviction thereof before the Judge authorized to hear and determine the matter, shall be subject to a fine not to exceed $10, and each day on which such violation continues shall constitute a separate offense.
The imposition and collection of the fine or penalty imposed by the provisions of this article shall not constitute any bar to the right of the Borough of Fort Lee to collect the costs as certified for the removal or destroying of the ragweed in the manner herein authorized.