Borough of Alpha, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 12-8-2009 by Ord. No. 09-10. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 269.
Property maintenance — See Ch. 302
It shall be unlawful for any owner, lessee, agent or tenant of lands in the Borough of Alpha 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 Council Member in charge of health and welfare or designee or the authorized representative is hereby 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 10 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 Borough of Alpha or delivered personally by posting the property or by any combination thereof.
B. 
In the event that the property is unoccupied, notice shall be sent by registered mail, return receipt requested, to the last known address as shown on the tax records of the Borough of Alpha or by posting a notice on the lot in question.
In the event that the owner, lessee, agent or tenant fails to comply with such notice, then the Council Member in charge of health and welfare or designee 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 lien against such property and lands in the same manner as all other taxes and assessments.
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 is 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 Borough of Alpha to collect the expenses as certified for the removal of weeds, etc., in the manner herein authorized.
The Council Member in charge of health and welfare, the Fire Chief, the 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 other designee or authorized representative shall be considered the proper officer(s) to investigate the above-described hazards.
Any lands lying within the Borough of Alpha 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 Borough of Alpha shall, as prescribed below, be cleared of such matter by the owner, tenant or agent of said premises immediately.
If, after inspection by an authorized inspecting officer of the Borough of Alpha, 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 10 days after being notified by the Borough of Alpha, 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 Borough of Alpha.
The Council Member in charge of health and welfare, the Fire Chief, the 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 designee or authorized representative shall be considered the proper officers to investigate the above-described hazards.
In the event that any owner, tenant or agent shall refuse to comply with a notice from the Borough, within 10 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 Borough of Alpha, 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 property and lands; the amount so charged shall forthwith become a lien upon such property and 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.
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 10 days, or to both such fine and imprisonment. Such penalties shall be in addition to any charges imposed under the section entitled "Cost of removal by Borough added to taxes.