[Ord. No. 88-8]
The front, side and back yard, driveway, walks or other parts
of the outside premises of any building or upon any lot on which no
building is located shall not contain any boxes, barrels, sticks,
stones, bricks, bottles, cans, metal drums, iron pipe, old scrap metal,
old furniture, auto parts, old tires, unused lumber or firewood, unless
such lumber or firewood is neatly stacked or piled on supports at
least eight inches above the ground, and at least five feet from the
property line.
[Ord. No. 88-8]
Lawns and shrubs shall be regularly cared for, trimmed and cut.
In no event shall grass or weeds on improved property be allowed to
attain a growth of more than 10 inches. Shrubs and flowering woody
plants shall be kept under control and not be allowed to grow beyond
the boundaries of the premises on which a building is located.
[Ord. No. 12-11]
a.Â
Clearing of Litter, Brush, Debris; Notice to Remove. Upon the failure of the owner or person in control of any property to maintain their property pursuant to subsection 16-1.1 or subsection 16-1.2 above, the Governing Body is authorized and empowered to notify the owner or person in charge of any property within the Borough, or the agent of such owner, to properly maintain the exterior of the property, including the yards, driveways, walks, lawns and shrubs. Such notice shall contain a description of the property affected, sufficiently definite in terms to identify it, and a notice that, unless the property is brought into compliance with the ordinances within 10 days after service of notice, the Borough will proceed to maintain the property, including the mowing of the lawn, and shall cause the cost of such removal and maintenance to be charged as a municipal lien against the premises.[1]
[1]
Editor's Note: For provisions requiring the removal of
snow, ice, brush and weeds from sidewalks, see Section 23-4.
b.Â
Service of Notice. Notice of the violation and the Borough's intent to maintain the property shall be served on the owner as set forth in subsection 16-2.3 et seq.
c.Â
Maintenance by Borough; Cost to Become a Lien.
1.Â
In the event that the Borough causes the property to be maintained pursuant to subsection 16-1.3, an accurate account of the cost and expense thereof shall be kept, and a true statement under oath or affirmation shall be filed by the officer of the Borough in charge of such removal or proper disposition with the Borough Clerk. The Governing Body shall examine the same, and if it is properly made, shall confirm it and file such report with the Collector, who shall record it in a book to be kept for that purpose. When so recorded, the costs and charges stated in said statement shall constitute a municipal lien against the premises. Such statement recorded in accordance with the provision hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily, and shall be full notice to every person concerned that the amount of the statement constitutes a municipal lien against the property affected and that the same is due and collectible as hereinafter provided.
2.Â
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form 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 same officers and in the same manner as taxes.
[Ord. No. 88-8]
Shacks and outbuildings, including toolhouses, storage sheds
and garages, shall be repaired or improved so that they shall be esthetically
acceptable or shall be demolished.
[1969 Code § 45-16]
The owner or person in control of any private property shall
at all times maintain the premises free of litter, and shall further
at all times maintain the premises free of any of the following conditions
which may constitute public health, safety or fire hazards:
[Ord. No. 88-8]
This section shall not apply to the normal garbage and trash
collection of the Borough nor during the Spring and Fall clean-up
period as may be promulgated by the Mayor and Council.
[1969 Code § 45-17]
No person shall throw or deposit litter on any open or vacant
private property within the Borough, whether owned by such person
or not.
[1969 Code § 45-18]
The Governing Body is hereby authorized and empowered to notify
the owner of any open or vacant private property within the Borough,
or the agent of such owner, to properly dispose of litter, brush,
weeds, debris or ragweed located on such owner's property which
is or may become dangerous to public health, safety or welfare. Such
notice shall contain a description of the property affected, sufficiently
definite in terms to identify it, and a notice that, unless the litter,
brush, weeds, debris or ragweed are properly disposed of within 10
days after service of notice, the Borough will proceed with the removal
and proper disposition of such litter and shall cause the costs of
such removal and disposition to be charged as a municipal lien against
the premises.
[1969 Code § 45-18; Ord. No. 09-16 § 1; Ord. No. 2017-27]
a.Â
The notice referred to in subsection 16-1.3 and 16-2.2 shall be served by the Elmwood Park Police Department or Building Department upon the property owner in person, by registered or certified mail, or by leaving it at the owner's usual place of residence with a family member above the age of 14 years. If the property owner shall not reside in the municipality, notice may be served upon the occupant of the property or upon the agent of the owner in charge thereof. If the owner of the property is unknown or service cannot for any reason be made as above directed, notice thereof shall be published at least once, not less than 10 days before the proposed removal or proper disposition, in a newspaper circulating in the municipality. There may be inserted in the advertisement notice to the owners of several different parcels of land. Notice to infant owners or owners of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by joint tenants, tenants in common or tenants by the entirety, service upon one of the owners shall be sufficient and deemed and taken as notice to all.
[Ord. No. 2017-27]
b.Â
Proof of service of such notices shall be filed within 10 days thereafter,
or within 10 days of the publication of such notices, with the officer
having charge of the record of tax liens in the Borough, but failure
to file the same shall not invalidate the proceedings if service has
actually been made as herein provided.
c.Â
In addition to the foregoing methods of service of the notice, the
posting of a notice or sticker on the front access door of the premises
shall be deemed sufficient notice of such violation.
[1969 Code § 45-18]
Upon failure of the owner or person in control of any property to dispose of any litter or weeds or other items in accordance with notice given pursuant to subsection 16-2.2 within the time provided for therein, the condition described therein and removal of same shall be effected by the Elmwood Park Department of Public Works, upon receipt of a copy of the proof of service provided for in subsection 16-2.3.
[1969 Code § 45-18]
a.Â
When the Borough has effected the removal or proper disposition of
such dangerous litter, weeds or other growths, an accurate account
of the cost and expense thereof shall be kept, and a true statement
under oath or affirmation shall be filed by the officer of the Borough
in charge of such removal or proper disposition with the Borough Clerk.
The Governing Body shall examine the same, and if it is properly made
shall confirm it and file such report with the Collector, who shall
record it in a book to be kept for that purpose. When so recorded,
the costs and charges stated in said statement shall constitute a
municipal lien against the premises. Such statement recorded in accordance
with the provisions hereof shall be prima facie evidence that all
legal formalities have been complied with and that the work has been
done properly and satisfactorily, and shall be full notice to every
person concerned that the amount of the statement constitutes a municipal
lien against the property affected and that the same is due and collectible
as hereinafter provided.
b.Â
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form 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 same officers and in the same manner as taxes.
