[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank as Sec. 13-4 of the 1987 Revised General Ordinances. Amendments
noted where applicable.]
The existence on any property within the Borough of any brush,
weeds, dead and dying trees, stumps, roots, obnoxious growth, fifth,
garbage, trash and debris, the removal of which is necessary or expedient
for the preservation of the public health, safety and general welfare,
or to eliminate fire hazards, is hereby declared to be improper, dangerous
and unlawful after the expiration of the notice hereinafter provided.
[Added by Ord. No. 253-70]
The Code Enforcement Officer shall report to the Borough Council the existence on any property within the Borough of any trash, property or other material set forth in § 252-1 of this chapter. Such report may also be made to and recognized by the Borough Council from any other source, and the Borough Council may also take cognizance of such existence of its own motion without any such report from other sources and may take such action thereon as is herein authorized.
[Added by Ord. No. 253-70]
On the filing of any such report described in § 252-2 of this chapter, or in the event the Borough Council of its own motion, without any such report but after complaint is made, is of the opinion that any trash, property or other material referred to in § 252-2 hereof, is necessary or expedient to be removed for the preservation of the public health, safety and general welfare, or to eliminate fire hazards, the Code Enforcement officer shall notify the owner or tenant of the property to remove the same within 10 days after notice thereof.
In the event the owner or tenant neglects or refuses to remove
the same within the ten-day period, or within any other time specified
in any such notice, the required removal shall be done by the Borough
under the direction of the Director of Public Utilities, or such other
municipal officer or employee as the Borough Council may designate.
The officer or person under whose direction the removal shall be done
shall keep an accurate record of the cost of such removal, certify
the cost to the Borough Council, and the Borough Council shall examine
the items making up the cost, and if found to be correct, notify the
Collector of Taxes to charge the cost against the lands from which
the same were removed. Any amount so charged shall forthwith be and
become a lien on the 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 and collected as provided and authorized by New Jersey Revised
Statutes 40:48-2.13 and 40:48-2.14.
The notice required by this chapter shall be served upon an
owner or tenant residing in the Borough in person or by leaving the
same with a member of his family over the age of 14 years at the place
of his residence; and upon any owner or tenant not residing in the
Borough, either by personal service or by mailing the same to him
at his last known post office address or by service upon the occupant,
manager, operator or agent of the owner in charge of the property.
In the event the owner or tenant is unknown or service hereinabove
provided cannot for any reason be made, the notice shall be sufficient
if published at least once not less than 30 days before the proposed
removal in a newspaper circulating in the Borough.
