Borough of Alpha, NJ Chapter 269 Nuisances

[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 3-10-1953 by Ord. No. 112 (Ch. 81 of the 1974 Code); amended in its entirety at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]

GENERAL REFERENCES

Unfit buildings — See Ch. 163.

Littering — See Ch. 253.

Snow and ice removal — See Ch. 327.

Solid waste; recycling — See Ch. 334.

Inoperable vehicles and machinery — See Ch. 392.

Public health nuisances — See Ch. 433.

§ 269-1 Removal of nuisances by owner required.

The owner, agent, occupant or tenant of any lands lying within the limits of the Borough of Alpha, where it shall be necessary and expedient for the preservation of the public health, safety and general welfare and the elimination of fire hazards to remove from such lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, old automobiles, old trucks, vehicles, filth, garbage, trash and debris, must remove the same within 10 days after written notice or within 10 days after publication of a notice to remove the same in a newspaper circulating in the Borough of Alpha and published in the County of Warren.

§ 269-2 Removal of nuisances by Borough authorized.

In the event that any owner, agent, occupant or tenant shall refuse to comply with a notice from the Warren County Board of Health to remove any nuisance, including, but not limited to, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, old automobiles, old trucks, vehicles, filth, garbage, trash or other debris, within 10 days from the date of said notice, then any such nuisance may be removed by and under the direction of agents, servants or employees of the Borough of Alpha.

§ 269-3 Cost becomes lien upon lands of owner.

In the event that any nuisance shall be removed under § 269-2 of Chapter 269 of the Code of the Borough of Alpha, the proper officer shall certify the cost incurred by the Borough to the governing body. Such cost shall be incorporated in a certification and, if found correct, shall be charged against the lands affected. The amount so charged shall forthwith become a lien upon such lands and shall be added to 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.

§ 269-4 Burning of debris and trash prohibited.

It shall be unlawful for any owner, agent, occupant or tenant to burn any weeds, brush, paper, garbage, trash or debris within the limits of the Borough of Alpha at any time.

§ 269-5 Violations and penalties.

Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not exceeding $1,250, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days, or any combination thereof, in the discretion of the Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.