[HISTORY: Adopted by the Board of Commissioners
(now Mayor and Council) of the Borough of Bradley Beach 5-25-1963 (Sec. 4-7
of the 1974 Code). Amendments noted where applicable.]
It shall be unlawful for any owner, tenant or
person in possession of any lands or property in the Borough to permit
such lands or property to be overgrown with grass or to be wholly
or partially covered with or to contain any brush, weeds, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris; and also any refuse and debris resulting from any construction
activities of any kind or from the demolishing of a building or any
part thereof or by reason of any deterioration of any building or
structure which have remained on the land or property for a period
of more than 10 days, where the same is inimical to the preservation
of the public health, safety or general welfare of the people of the
Borough or which may constitute a fire hazard.
[Added 6-9-2009 by Ord. No. 2009-8]
It shall be unlawful for any owner, tenant or person in possession
of any lands in the Borough to permit upholstered furniture to be
placed in the yard, unenclosed porch or other unenclosed exterior
areas of the property for more than 24 continuous hours. "Upholstered
furniture" is defined as furniture intended to be used for indoor
use with more than 50% of the surface area covered by upholstered
fabric.
[Amended 2-8-2005 by Ord. No. 2005-2]
Upon complaint of any resident of the Borough
or any officer or employee of the Borough, or upon his own motion,
the Code Enforcement Officer or his designated agent shall make investigation
of the condition complained of and notify the owner or tenant or persons
in possession of such lands complained of, in writing, either personally
or by certified mail, to remove the overgrown grass, brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris, or any of the foregoing; and also any refuse and
debris resulting from any construction activities of any kind or from
the demolishing of a building or any part thereof or by reason of
any deterioration of any building or structure which have remained
on the land for a period of more than 10 days, as the case may be,
within seven days after receipt of such notice or after date of mailing
of the notice. The Code Enforcement Officer shall reinspect the lands
after the seven-day period shall have expired.
[Amended 2-8-2005 by Ord. No. 2005-2]
In the event the owner, tenant or person in
possession shall refuse or neglect to abate or remedy the condition
complained of, after the seven-day notice, the Code Enforcement Officer
shall cause the condition complained of to be abated and remedied
and shall, thereafter, certify the cost to the Borough Council of
the Borough, who shall examine the certificate, and if found correct,
shall cause the cost as shown thereon to be charged against the lands.
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.
A.
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the maximum penalty as provided in Chapter 1, Article II, General Penalty, of the Borough Code and a minimum fine of $100 for each offense and for each and every day such person fails to comply with the notice as provided for herein beyond the date fixed for such compliance.
[Amended 2-8-2005 by Ord. No. 2005-2]
