[HISTORY: Adopted by the Mayor and Council
of the Borough of Clementon 5-25-1973 by Ord. No. 73-7. Amendments
noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 308.
It shall be unlawful for any owner, tenant or
occupant of any parcel of land in the Borough of Clementon to maintain
or permit the maintenance on such parcel of land of any poisonous
or noxious vegetation, or vegetation harmful to health, such as but
not restricted to poison ivy, poison oak and sumac.
[Amended 3-3-2020 by Ord. No. 2020-03]
A.
It shall
be the duty of such owner, tenant or occupant of any such parcel of
land within the Borough of Clementon to eliminate or cause to be eliminated
any such poisonous or noxious vegetation or vegetation harmful to
health within 10 days after receiving notice to do so by the Board
of Health of the Borough of Clementon, which notice may be given by
personal service or by certified mail, return receipt requested.
B.
It shall
be the duty of such owner, tenant or occupant of any such parcel of
land within the Borough of Clementon abutting or bordering upon any
of the streets, avenues, lanes, boulevards, alleys or highways to
be removed from the sidewalks, curbs, storm drains and gutters all
grass, weeds, plant overgrowth and other impediments within five days
after notice has either been posted to the property or mailed to the
last known address of the owner, tenant or occupant to remove the
same.
C.
It shall
be the duty of such owner, tenant or occupant of any such parcel of
land within the Borough of Clementon abutting or bordering upon any
of the streets, avenues, lanes, boulevards, alleys or highways to
trim and maintain all trees, bushes, and shrubs planted or established
upon that property, or upon the sidewalk adjacent to that property,
so that no part of said tree shall be closer than 12 feet above the
surface of the roadway or six feet above the surface of the sidewalk
within five days after notice has either been posted to the property,
or mailed to the last known address of the owner, tenant or occupant
to remove the same.
If any such owner, tenant or occupant upon whom
such notice is served shall fail, neglect or refuse to eliminate any
such vegetation hereinabove described within said ten-day period,
the Borough of Clementon may cause such work to be done and the actual
cost of such work, including the cost of preparing and sending such
notices, shall be certified by the Chairman of the Road Committee
of the Borough Council to the Collector of Taxes, and such amount
shall thereupon become and be a lien upon the real property upon which
such work has been performed, shall be added to and form a part of
the taxes to be assessed upon such real estate during the next ensuing
tax year and shall be collected and enforced in the same manner as
real estate taxes.
[Amended 3-3-2020 by Ord. No. 2020-03]
Any such owner, tenant or occupant of any such real estate within
the Borough of Clementon who shall fail, neglect or refuse to eliminate
the vegetation as hereinabove prescribed after having been given notice
to do so as herein provided, or who shall resist or obstruct the Borough
of Clementon or its employees or agents in eliminating such matter
shall, upon conviction thereof in the Municipal Court of the Borough
of Clementon, be liable to a fine of not more than $200 or imprisonment
for not more than 90 days, or both. In lieu of said fine or imprisonment,
said grass, weeds, bushes, shrubs, trees, plant overgrowth and other
impediments hereinabove prescribed may be eliminated from sidewalks,
curbs, storm drains and gutters by the Borough of Clementon Department
of Public Works, in which case the cost of said elimination shall
be charged as a lien against the abutting property and shall be added
to and form part of the taxes next to be assessed and levied upon
such abutting property.
The imposition and collection of the fine imposed by the provisions of § 294-4 hereof shall not constitute any bar to the right of the Borough of Clementon to collect the costs, as certified, for the elimination of such matter in the manner herein authorized.
