[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980 by Ord. No. 80-12 as Art. I of Ch. 137 of the 1979 Code]
[Amended 5-23-2000 by Ord. No. 00-19]
Whenever the presence upon any lands within the Township of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris is inimical to the public health, safety and general welfare or likely to constitute a fire hazard, any owner or tenant of such lands shall be required to remove therefrom any such brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after service of a written notice, given either by the Township Manager or by his or her duly authorized agent, requiring such removal and setting forth the reasons therefor. Service of the notice shall be made upon such owner or tenant either personally or by registered or certified mail addressed to him or her at his or her last known post office address. Service of the notice by mail shall be deemed complete upon the mailing thereof.
In case the owner or tenant of any lands who is served with the notice described in § 100-1 fails, neglects or refuses to effect removal of the conditions and substances as therein demanded and within the ten-day period provided in § 100-1, then the Township Manager, his or her agent or deputy may, on behalf of the Township, remove or cause the removal of same.
The officer causing such removal shall certify the cost thereof to the Township Council. Upon receipt of the certificate, the Township Council shall examine the same and, if found correct, shall cause the cost as shown thereon to be charged against said lands. If such cost is found to be excessive, the Council shall cause the reasonable cost thereof to be charged against said 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. Such amount shall 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 who violates any provision of § 100-1 of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No. 07-17]
B. 
The penalty provisions of Subsection A of this section shall be deemed to be in addition to and not in substitution of the provisions of §§ 100-2 and 100-3 of this article.[1]
[1]
Editor's Note: Former Art. II, Plant Growth Injurious to Health, of Ch. 137, was deleted 5-23-2000 by Ord. No. 00-19.