[Adopted 12-11-1991 by Ord. No. 21-1991]
[Amended 6-13-2001 by Ord. No. 11-2001; 11-14-2001 by Ord. No. 25-2001]
A.Â
The accumulation, depositing ("Depositing" shall include
but not be limited to items which are hand dropped, raked, swept and/or
blown by mowers, vacs and blowers.), planting or maintaining grass
clippings, brush, weeds, stumps, roots, debris, trees, plants, flowers,
shrubbery, plantings or other substances creating a health, fire,
safety or traffic hazard or public nuisance or the existence of some
other condition injurious to the public health and safety shall not
be permitted within sight rights as established under N.J.S.A. 40:48-2.26.
More specifically, any such vegetation growing within 10 feet of any
roadway and within 25 feet of the intersection of two roadways shall
be cut to a height of not more than 2 1/2 feet as may be determined
to be necessary or expedient for the preservation of the public safety,
within 10 days of notice to cut the same by the Municipal Code Enforcement
Official. The owner of said lands shall, after notice from the Municipal
Code Enforcement Official, remove the grass clippings, brush, weeds,
stumps, roots, debris, trees, flowers, shrubbery, plantings or other
such substances from such lands or, in the case of a condition injurious
to the public health and safety, shall eliminate such condition.
[Amended 10-27-2010 by Ord. No. 16-2010]
B.Â
The owner of said land(s) or his/her agent is prohibited
from depositing leaves, grass, brush, weeds, stumps, roots, trees,
plants, shrubbery, soils, mulch or any other debris along any City
street or walkway that has not been properly contained for disposal.
Exception: Loose leaves may be placed in the street along the curbline
during announced prescheduled pickup dates by the City Public Works
Department.
(1)Â
Any sod, soils, mulch, shrubbery or any other landscaping
materials delivered to said owners or their agents that are deposited
on any City street must be moved to the owner's property within 72
hours of delivery.
A.Â
The Code Enforcement Official shall have the power
to make periodic inspections within the City in order to ascertain
when and wherein there exist conditions, or any of them, as hereinbefore
described, and 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 20 days
from the date of the notice. Any such notice may be served personally
upon the owner, tenant, agent of owner or tenant or occupier of the
land upon which said condition exists or, if such person cannot be
personally served within the City of Linwood, 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 Linwood. Notice to the tenant,
agent or occupier shall be constructive notice to the owner.
[Amended 6-13-2001 by Ord. No. 11-2001]
B.Â
A violation that is recurring justifies imposition
of an immediate penalty without the necessity for an interval in which
correction can be made. A violation shall be deemed to be a recurring
violation if a notice has been served within two years from the date
that a previous notice was served and the violation, premises and
responsible party are substantially the same.
[Added 5-12-1999 by Ord. No. 8-1999]
In the event of the failure of the owner so
notified to remove or abate the condition within 20 days from 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
office in charge of removal or abatement shall certify in writing
to the City Council the costs thereof, which costs, 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.
[Amended 5-12-1999 by Ord. No. 8-1999]
In the event of the failure of the owner of
said land to remove or abate such condition existing thereon 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 Linwood, shall
be punished by a maximum fine of $2,000 per occurrence and/or imprisonment
in such a place as is maintained for offenders in the City of Linwood
for a period not to exceed 30 days. Each day during which the violation
continues after notice shall be considered as a separate offense.
