[HISTORY: Adopted by the Mayor and Council of the Borough
of Bellmawr 8-22-2013 by Ord. No. 07:12-13. Amendments noted
where applicable.]
A.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director of
the Department of Public Works, or his designee, shall require any
owner, tenant, occupant, managing agent, executor, administrator,
or other similar person to remove or destroy brush, weeds (including
ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris within 10 days after receipt of notice to
remove or destroy the same.
B.
No person shall cause any brush, weeds, dead or dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash or debris to be removed
from the property of said owner upon any Borough or county right-of-way
or easement or upon neighboring property. All such obnoxious growth
and debris shall be collected and either removed from the premises
or accumulated in trash cans, bags or other similar containers for
removal by any appropriate sanitation service. The property shall
be cleared within the entire perimeter of the property and extending
to the curb or gutter line of the adjoining roadway, as the case may
be.[1]
A.
The Director of the Department of Public Works, or his designee, shall serve written notice upon any such person described in § 146-1 of this chapter, describing the condition of the premises and demanding that the condition be abated within 10 days of receipt of said notice, or an appropriate complaint shall be filed for violation of this chapter, subjecting said person, upon conviction, to fines and penalties as set forth in § 146-5 of this chapter.[1]
A.
Where the owner, operator and/or occupier shall refuse and/or neglect
to correct the violation(s) within 10 days after the date of the notice
as referenced in this chapter, or upon the expiration of 10 days following
posting of notice as provided in this chapter, or, in the case of
a second or subsequent violation within one year from the date of
the last notice, three days after the date of the notice as referenced
in this chapter, or upon the expiration of three days following posting
of notice as provided in this chapter, the Borough may correct or
cause the violation(s) to be corrected, at the expense of the owner,
tenant, occupant, managing agent, executor, administrator, or other
similar person, as the case may be.
B.
Where the owner, operator and/or occupier refuses and/or neglects
to correct the violation(s) within 10 days after receipt of notice
as referenced in this chapter, or upon the expiration of 10 days following
posting of notice as provided in this chapter, or, in the case of
a second or subsequent violation within one year from the date of
the last notice, three days after the date of the notice as referenced
in this chapter, or upon the expiration of three days following posting
of notice as provided in this chapter, and the Borough is required
to take corrective measures as referenced in this chapter, the notices
given to the owner, operator and/or occupier of any such land shall
be valid for subsequent remedial action to the property for a period
of 180 days from the expiration of 10 days following posting of notice
as provided in this chapter.
In all cases where such conditions are abated by the Director
of the Department of Public Works, the Director or his designee shall
certify the cost thereof to the Council of the Borough of Bellmawr,
which shall examine the certificate and, if found correct, shall cause
the cost as shown thereon to be charged against said land. The amount
so charged shall forthwith become a lien upon such land and shall
be added to and become a 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 Borough of Bellmawr
Tax Collector.
Any person who shall violate any of the provisions of this chapter
or any order promulgated hereunder shall, upon conviction, be punished
by a fine not to exceed $2,000 or imprisonment in the county jail
for a period not to exceed 90 days or a period of community service
not exceeding 90 days, or any combination thereof, and each violation
of any of the provisions of this chapter and each day that such violation
shall continue shall be deemed to be a separate and distinct offense.
