[HISTORY: Adopted by the Governing Body of the Borough of
Allendale 3-25-2010. Amendments noted where applicable.]
The owner, occupant or tenant of any dwelling or lands lying
within the limits of the Borough, where it shall be necessary and
expedient for the preservation of the public health, safety, general
welfare or to eliminate a fire hazard, shall remove from such lands
or dwelling or destroy brush, weeds, including ragweed, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris within 10 days after notice to remove or destroy the same and
to provide for the removal or destruction of the same.
Whenever the Property Maintenance Officer of the Borough determines
that there is or has been a violation of any provision of this chapter,
he shall give notice of such violation to the owner, occupant or tenant
of the dwelling or lands responsible therefor. Such notice shall be
in writing and shall include a concise statement of the reasons for
its issuance. The notice shall be deemed to be properly and sufficiently
served if a copy is sent by registered or certified mail and regular
mail to the last known address of the owner, occupant or tenant upon
which the same is served as shown by the most recent tax list of the
Borough or a copy thereof be handed to such person or persons or a
copy thereof left at the usual place of abode or office of such persons
or entities. Notice shall be given as aforesaid within or without
the municipality. The notice shall also state that "unless the violation
is abated, removed, cured, prevented or desisted from within 10 days
of the date of service of such notice, exclusive of the date of service,"
a summons shall be issued and, in addition thereto, the Borough will
provide for removal or destruction of the same by or under the direction
of the Property Maintenance Officer, and a lien shall be imposed for
the cost thereof.
In the event that the owner, occupant or tenant of any dwelling
or lands has refused or neglected to remove or destroy the matters
hereinabove in the manner and within the time provided above, the
Property Maintenance Official or his designee shall cause the removal
or destruction of same. In such event, the Property Maintenance Officer
or his designee shall certify the cost thereof to the Governing Body,
which shall examine the certificate and if found correct shall cause
the cost as shown thereon to be charged against said dwelling or lands;
the amount so charged shall forthwith become a lien upon such dwelling
or lands and shall be added to and become and form part of the taxes
next to be assessed and levied upon such dwelling or 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.
In addition to any other remedy set forth in this chapter, any person
or entity who shall violate any of the provisions of this chapter
or any order promulgated hereunder shall, after a summons is issued
under the terms hereof, upon conviction, be punished as follows:
(1)
For a first offense: by a fine not to exceed $100.
(2)
For a second offense: by a fine not to exceed $200.
(3)
For a third offense or any subsequent offenses: by a fine not to
exceed $500 or by imprisonment in the County Jail for a period not
to exceed 90 days or by both such fine and imprisonment.
B.
Each violation of any of the provisions of this chapter and each
day that such violation shall continue shall be deemed to be a separate
and distinct offense.
All other ordinances of the Borough, or parts thereof, which
are in conflict with this chapter, are hereby repealed to the extent
of such conflict.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contained in this chapter shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this chapter, which shall remain in full force and effect, and
to this end the provisions of this chapter are hereby declared to
be severable.
This chapter shall take effect upon passage and publication
as required by law.
