[HISTORY: Adopted by the City Council of the City of Long Branch 1-26-1971
as Secs. 6-4 and 18-7 of the 1971 Code. Amendments noted where applicable.]
[Amended 8-23-1988 by Ord. No. 53-88]
A.
Brush and hedges near roadways and intersections. It
shall be the duty of the owner, tenant or person in possession of any lands
in the city to keep all brush, hedges or other plant life growing within 10
feet of any roadway and within 25 feet of the intersection of two roadways
cut to a height of not more than 2 1/2 feet where it shall be necessary
and expedient for the preservation of public safety.
B.
Brush, weeds, debris, etc., which are a fire hazard or
injurious to public health or safety. It shall be the duty of the owner, tenant
or person in possession of any lands in the city, where it shall be necessary
and expedient for the preservation of the public health, safety, general welfare
or to eliminate a fire hazard, to remove from such lands brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris.
[Amended 8-23-1988 by Ord. No. 53-88; 12-8-1998
by Ord. No. 43-98]
After an investigation initiated by any complaint of a resident, officer
or employee of the city relative to a violation of this article, or upon its
own motion, the Health Department, Code or Fire Prevention Bureau, or any
inspector therein, shall make a written report of the conditions complained
of to the head of the Code or Fire Prevention Bureau. If the reported conditions
are found to exist, the head of the Code or Fire Prevention Bureau shall notify
the owner, tenant or person in possession of the lands complained of, in writing,
either personally or by registered mail, to remove such brush, hedges or other
plant life, trees, stumps, roots, obnoxious growth, filth, garbage, trash
or other debris within 10 days after receipt of the notice. The Code or Fire
Prevention Bureau shall reinspect the lands in question after the ten-day
period expires and report, in writing, to the head of the Code or Fire Prevention
Bureau whether the condition complained of has been abated or remedied.
[Amended 7-12-1977 by Ord. No. 883]
If the owner, tenant or person in possession of the lands in question
shall fail to abate the condition complained of within five days after receipt
of notice, the Health Department shall cause the condition complained of to
be abated and shall certify the cost to the Council, who shall examine the
certificate and, if it is correct, cause the cost as shown thereon to be charged
against the lands. The amount so charged shall become a lien upon the lands
and shall be added to and become a part of the taxes next to be assessed and
levied upon the lands, shall bear interest at the same rate as taxes and shall
be collected and enforced by the same officer and in the same manner as taxes.
Costs shall be in addition to any penalties imposed for any violation of this
article.
[1]
Editor's Note: Ord. No. 38-96, adopted 12-30-1996, provides for
the following: "Any such lien created specifically from or last associated
with removing brush, weeds, debris, etc., shall be a lien on such land and
shall be added to and form a part of the taxes next to be assessed and levied
upon such lands pursuant to N.J.S.A. 40:48-2.14." See also § 200-18C.
A code declaring ragweed and poison ivy to be a nuisance, providing
for removal or abatement thereof and recovery of expenses incurred by the
city in removing or abating such nuisance and prescribing penalties for violations
is hereby established pursuant to N.J.S.A. 26:3-69.1 et seq. A copy of the
code is annexed to this chapter and made a part of it without the inclusion
of the text.
The code established and adopted by this article is described and commonly
known as the "Weed Control Code of New Jersey (1953)."
Three copies of the Weed Control Code of New Jersey (1953) have been
placed on file in the office of the City Clerk for the use and examination
of the public.
The Weed Control Code is amended in Section 4.1 to read as follows:
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4.1. The provision of this code shall be enforced by members
of the Police Department, the Construction Code Official or building official,
the Plumbing Inspector, the Health Officer and any other official authorized
by the City Council to enforce this code and section.
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