[HISTORY: Adopted by the Borough Council
of the Borough of Haledon 11-11-1974 by Ord. No. 10-14-74B; amended in its
entirety 3-12-1997 by Ord. No. 2-12-97 (Ch. 72 of the 1984 Code). Amendments
noted where applicable.]
It is the purpose of this chapter to vest the
municipality with those powers conferred under the authority of Chapter
94 of the Laws of 1968, cited as N.J.S.A. 40:48-2.13 et seq.
As used in this chapter, the following terms
shall have the meanings indicated:
One or more persons of either sex, corporations, partnerships,
associations, societies or any other entity within the Borough of
Haledon.
Real property within the Borough of Haledon, either vacant
land and/or improved property.
Housing Maintenance Enforcer or any duly authorized
representative is authorized to enforce the provisions of this chapter.
It shall be unlawful for any person named in § 110-2 as lessee, agent, representative or employee or occupant having control of any property within the Borough of Haledon to permit or maintain any such property, including the lands and property along sidewalks, streets or alleys up to the curbline of the adjacent street, to allow any growth of weeds, grass, ragweed and noxious growth to exceed an average of six inches. Further, it is unlawful to allow any accumulation of dead grass, weeds, brush, dead or dying trees, stumps, roots, trash, debris or any other vegetation producing an unpleasant or noxious odor or allow concealment of any filthy deposits on the property. Further, it shall be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to the health, welfare and safety of the residents of the Borough of Haledon to be permitted on the property. Further, it shall be unlawful to create any fire hazard on said property by allowing any of the aforesaid items to accumulate on the property.
Any person, defined in this chapter, owning
property within the limits of the Borough of Haledon shall at all
times keep his lands free of brush, weeds, ragweed, dead and dying
trees, stumps, roots, noxious growths, filth, garbage, trash and other
debris.
The Housing Maintenance Enforcer or Board of
Health and/or their designated representative is hereby authorized
to order the removal or destruction of brush, weeds, ragweed, dead
or dying trees, stumps, roots, noxious growth, filth, garbage, trash
or debris whenever it shall be determined that it is necessary and
expedient for the preservation of the public health, safety and general
welfare or to eliminate a fire hazard.
Any person as defined in this chapter, who violates the same shall be given notice and shall, within 10 days after the notice, remove or destroy the brush, weeds, ragweeds, dead or dying trees, stumps, roots, noxious growth, filth, garbage, trash and debris or face the penalties outlined in § 110-8.
Any person violating the provisions of this
chapter shall, upon conviction, be subject to a fine of not less than
$50, nor more than $250. Each day that a violation is permitted to
exist shall constitute a separate and additional violation.
[Added 9-16-2010 by Ord. No. 9-2-2010A; 12-4-2014 by Ord. No.
11-6-2014]
In the event that any person named in § 110-2 having control of any property within the Borough of Haledon fails to comply with an order to remediate a violation of this chapter within 10 days after receiving such order, the offending condition may be remediated in order to protect the health, safety and welfare of residents by the Borough of Haledon at the sole expense of the person having control of the subject property. The approximate cost of the labor and materials shall be certified by the Supervisor of the Department of Public Works or his or her designee to the governing body. The cost of labor and materials shall be calculated based upon the hourly rates of the employees who performed the necessary work plus a materials fee of 10% of the cost of labor. The Borough shall also charge an additional administrative fee of 10% of the cost of labor and materials. The total costs charged to the property owner shall be certified by the Supervisor of the Department of Public Works and submitted to the governing body for approval. If such charges are found to be correct by the governing body, the cost shall be charged against the owner of the property as contained in the Borough's tax records and shall forthwith become a lien and a tax upon such real estate or land and be added to, recorded and collected in the same way and manner as the taxes next to be levied and assessed upon such premises. The imposition and collection of a fine or fines resulting from a violation hereunder shall not constitute a bar to the right of the Borough of Haledon to also collect the cost of remediation as herein provided.
