[HISTORY: Adopted by the Board of Commissioners
(now City Council) of the City of Brigantine 11-5-1958 by Ord. No.
7-1958. Amendments noted where applicable.]
[Amended 6-17-1987 by Ord. No. 9-1987; 9-2-2015 by Ord. No.
13-2015]
The accumulation of brush, weeds, stumps, roots,
debris, trash or other substances creating a fire hazard or the collection
of stagnant waters or the existence of some other condition injurious
to the public health and safety upon any lands lying within the City
of Brigantine is hereby declared a nuisance, and the owner of said
land shall, after notice from the City Health Officer, Zoning Officer,
Construction Official, police officer, fire officer or other official
designated to act by the City Manager (hereinafter the City's
"authorized representatives") of the City of Brigantine, remove brush,
weeds, stumps, roots, debris or other such substances from such lands
or, in the case of stagnant waters or condition injurious to the public
health or safety, shall cause such land to be filled with fresh earth,
gravel, sand, ashes or cinders in order to raise the land to the established
grade and to eliminate such conditions.
[Amended 6-17-1987 by Ord. No. 9-1987; 9-2-2015 by Ord. No.
13-2015]
The City of Brigantine by its duly authorized
representatives shall have the power to make periodic inspections
within the City in order to ascertain when and wherein there exist
conditions, or any of them, as hereinbefore described, which constitute
a fire hazard or are injurious to the public health and safety, and
where such conditions are found to exist, to notify the owner of the
lands to remove or abate such conditions within 10 days from the date
of the notice. Any such notice may be served personally upon the owner,
tenant, agent of owner or tenant, or occupier of the land upon which
such condition exists or, if such person cannot be personally served
within the City of Brigantine, may be mailed by certified mail, return
receipt requested, to the address of the owner as set forth on the
tax duplicate of the City of Brigantine. Notice to the tenant, agent
or occupier shall be constructive notice to the owner.
[Amended 6-17-1987 by Ord. No. 9-1987; 9-2-2015 by Ord. No.
13-2015]
In the event of the failure of the owner so
notified to remove or abate the condition within 10 days from the
date of the service of notice as aforesaid, the City's authorized
representatives shall notify the City Manager who may direct the authorized
representative to cause the removal or abatement of such condition
or conditions, and in such case the officer in charge of removal or
abatement shall certify in writing to the City Manager, who shall
advise City Council the cost thereof, which cost, if found correct,
shall be charged against said land, and the amount so charged shall
forthwith become a lien upon said land and shall be added to and become
a part of the taxes next to be assessed and levied upon said land
and 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.
[Amended 6-3-1964 by Ord. No. 12-1964; 12-28-1992 by Ord. No. 28-1992]
In the event of the failure of the owner of
said land to remove or abate such condition existing thereon, within
the time required after the service of the notice hereinbefore mentioned,
and in addition to the remedies hereinbefore provided, such person
shall be in violation of this chapter and, upon conviction thereof
by the Judge of the Municipal Court of the City of Brigantine, shall
be punished by a fine of not more than $1,000 or imprisonment in such
place as is maintained for offenders in the City of Brigantine for
a period not to exceed 90 days, or both. Each day during which the
violation continues after notice shall be considered a separate offense.
[Added 10-17-2012 by Ord. No. 26-2012]
All brush, hedges and other plant life, growing within 10 feet
of any roadway or within 25 feet of any intersection of two roadways
must be cut to a height of no more than 2 1/2 feet when it is deemed
expedient for the preservation of public safety as determined by the
Code Enforcement Officer of the City of Brigantine. The term "roadway"
as set forth above means cartway.
[Added 10-17-2012 by Ord. No. 26-2012]
When the Code Enforcement Officer determines that any brush, hedges or other plant life must be cut pursuant to § 115-5 above, notice of the same must be given to the registered property owner as contained in the Tax Assessor's office of the City of Brigantine. Said notice shall state that the property owner has 10 days in which to cut the height of the offending brush, hedges or other plant life to 2 1/2 feet. To the extent that said brush, hedges and other plant life is not cut to 2 1/2 feet within 10 days after receipt of the notice as set forth herein, the Code Enforcement Officer shall forward or deliver a second letter indicating that if, after an additional 10 days, said brush, hedges and plant life is not cut, then the Code Enforcement Officer, working in conjunction with the Director of Public Works, shall be authorized to take any action to cut said brush, hedges and other plant life to 2 1/2 feet and, further, to issue a summons seeking penalties pursuant to § 115-4 above.
