[HISTORY: Adopted by the Town Council of
the Town of Phillipsburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted 8-20-1985 by Ord. No. O:85-20(Ch. 70 of the 1969 Code)]
[Amended 12-18-2007 by Ord. No. O:2007-24; 7-1-2008 by Ord. No. O:2008-18]
It shall be unlawful for any owner, lessee,
agent or tenant of lands in the Town of Phillipsburg to permit any
growth of grass in excess of eight inches in height or any growth
of ragweed, poison ivy, poison sumac and all other plant or vegetable
growth that may affect the health of residents.
A.
The Building Inspector or authorized representative
is authorized to notify the owner, lessee, agent or tenant of any
such lot or tract of land or any part thereof to remove and abate
the condition, within five days after notice has been given. This
notice shall be served personally or by sending a notice by registered
mail, return receipt requested, or regular mail to the last known
address shown on the tax records of the Town of Phillipsburg, delivered
personally, by posting the property or by any combination thereof.
[Amended 12-18-2007 by Ord. No. O:2007-24; 7-1-2008 by Ord. No. O:2008-18]
B.
In the event that the property is unoccupied, notice
shall be sent registered mail, return receipt requested, to the last
known address as shown on the tax records of the Town of Phillipsburg
or by posting a notice on the lot in question.
[Amended 8-19-1986 by Ord. No. O:86-32; 12-18-2007 by Ord. No. O:2007-24]
In the event that the owner, lessee, agent or
tenant fails to comply with such notice, then the Building Inspector
or authorized representative, or such labor as may be employed for
such purpose, shall cut and remove such grass, weeds, brush, dead
or dying trees and all other plant or vegetable growth. Such cost
shall be computed at the rate of $100 per hour, or fraction thereof,
and shall constitute a valid assessment against such lands and shall
be duly certified to the Tax Collector for collection on the tax duplicate
in the same manner as all other taxes and assessments.
[Amended 1-5-1999 by Ord. No. O:98-32; 9-2-2008 by Ord. No. O:2008-23; 11-3-2008 by Ord. No. O:2008-28]
A fine in an amount of no less than $100 and
up to a maximum of $1,000 may be levied upon any violating property
owner, lessee, agent or tenant of lands who are in violation of this
article.
The imposition and collection of the fine provided
in this article shall not constitute any bar to the right of the Town
of Phillipsburg to collect the expenses as certified for the removal
of weeds, etc., in the manner herein authorized.
[Added 7-1-2008 by Ord. No. O:2008-18]
The Fire Chief, Chief of Police or any member
of the Police Department, Public Works Superintendent, Public Works
Supervisor, Construction Official, Building Inspector, Housing Inspector,
Property Maintenance Inspector, Health Officer or any authorized representative
shall be considered the proper officers to investigate the above described
hazards.
[Adopted 1-6-2004 by Ord. No. O:2003-20]
Any lands lying within the Town of Phillipsburg
containing brush, weeds, dead and dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris which is or may become a
hazard to life, health or general welfare or might tend to extend
a conflagration in the Town of Phillipsburg shall, as prescribed below,
be cleared of such matter by the owner, tenant or agent of said premises
immediately.
[Amended 12-18-2007 by Ord. No. O:2007-24]
If, after inspection by an authorized inspecting
officer of the Town, it is determined that any such condition of lands
is a hazard to life, health or general welfare or may tend to extend
a conflagration, the owner, tenant or agent thereof shall, within
five days after being notified by the Town, remove such brush, weeds,
dead and dying trees, stumps, roots, obnoxious and dying growth, filth,
garbage, trash and debris, or contest said notice by written appeal
to the Mayor of the Town of Phillipsburg.
[Amended 7-1-2008 by Ord. No. O:2008-18]
The Fire Chief, Chief of Police or any member
of the Police Department, Public Works Superintendent, Public Works
Supervisor, Construction Official, Building Inspector, Housing Inspector,
Property Maintenance Inspector, Health Officer or any authorized representative
shall be considered the proper officers to investigate the above-described
hazards.
[Amended 7-1-2008 by Ord. No. O:2008-18]
In the event that any owner, tenant or agent
shall refuse to comply with a notice from the Town within five days
from the date of said notice, and such brush, roots, weeds, dead and
dying trees, stumps, obnoxious growth, filth, garbage, trash and debris
are removed from said lands under the direction and at the expense
and cost of the Town of Phillipsburg, the proper officer shall certify
the cost thereof to the governing body, which cost shall be at least
in the sum of $100 per hour and which cost shall be incorporated in
a certification and, if found correct, shall be charged against said
land; the amount so charged shall forthwith become a lien upon such
lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such lands, the same to bear interest
at the same rate as taxes and shall be collected and enforced by the
same officers and in the same manner as taxes.
[Amended 9-2-2008 by Ord. No. O:2008-23; 11-3-2008 by Ord. No. O:2008-28]
Any owner or owners, occupant or occupants, tenant or tenants who shall neglect to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris as directed by this article shall, upon conviction before the Municipal Court Judge, be subject for each offense to a fine of no less than $100 and up to a maximum of $1,000, or imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment. Such penalties shall be in addition to any charges imposed under § 191-9, entitled "Cost to Town of clearing land added to taxes."
