[HISTORY: Adopted by the Mayor and Borough Council of the Borough
of Berlin 5-17-1999 by Ord. No. 99-7. Amendments noted where applicable.]
It shall be unlawful for an owner or tenant of a dwelling or lands lying
within the limits of the Borough of Berlin to allow, suffer or permit on such
lands any accumulation of brush, weeds, including ragweed, fallen dead or
dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris
in a manner detrimental to the public health, safety or general welfare or
in such manner as to constitute a fire hazard, and in such case the owner
and tenant shall remove or destroy the same. Premises with landscaping and
lawns, hedges and bushes shall be kept trimmed and from becoming overgrown
and unsightly where exposed to public view and where the same constitutes
a blighting factor depreciating adjoining property. Lawns with grass higher
than 10 inches shall be presumed in violation of this section.
Whenever brush, weeds, including ragweed, fallen dead or dying trees,
stumps, roots, obnoxious growth, filth, garbage, trash and debris shall have
been allowed, suffered or permitted to accumulate on lands lying within the
limits of the Borough of Berlin in a manner detrimental to the public health,
safety or general welfare or in such manner as to constitute a fire hazard,
the Council or the Health Officer, Chief of the Police Department or other
Borough official designated for this purpose by the Council of the Borough
of Berlin shall cause 10 days' written notice to remove or destroy the same
to be given to the tenant of any such lands.
A.
Written notice as aforesaid shall be given both the owner
and tenant of the land, if known, and may be served personally or left with
a member of the household over the age of 14 years or may be sent by certified
mail to the last known post office address of such owner or tenant.
B.
In the event that the name and post office address of
the owner is not known, then such written notice as aforesaid shall be sent
by certified mail addressed to the person or persons whose names appear as
owner on the last tax duplicate with the mailing address shown thereon.
In the event that any owner or tenant shall refuse or neglect to remove
or destroy said accumulation with the time limited by such notice, then the
Council of the Borough of Berlin may authorize and direct that the same be
removed or destroyed by or under the direction of the Health Officer, Chief
of the Police Department or other Council official designated by the Council
for this purpose.
In the event that such owner or tenant shall refuse or neglect to remove
or destroy any such accumulations as hereinbefore set forth and it shall be
necessary for the Council to cause the same to be removed or destroyed, the
officer responsible therefor shall certify the cost thereof to the Council.
Upon such certification to the Council of the cost of removal or destruction
as hereinbefore set forth, the Council shall examine such certification and,
if found correct, the cost as shown thereon shall, by resolution of the Council,
be charged against said lands.
Upon passage of said resolution by the Council, a certified copy thereof
shall be filed with the Collector of Taxes and the amount so charged shall
forthwith become a lien upon such lands and shall be added to and become and
form 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.
Any person violating any of the provisions hereof shall, upon conviction,
be subject to a penalty, either by imprisonment for not more than 90 days
or by a fine not exceeding $500, or both, in the discretion of the court.
Each and every day any violation continues after notice to remove or destroy
any accumulation, as provided herein, shall be considered a separate offense,
punishable by a like fine or penalty. However, the penalties for violations
which involve premises with overgrown or unsightly lawns, hedges and bushes
shall be limited to a fine not to exceed $200.
