[HISTORY: Adopted by the Board of Health of the Borough of
Wallington 1-18-1993 by Ord. No. BH-93-4 (Ch. 335 of the 1992 Code). Amendments
noted where applicable.]
The presence of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris upon lands
within the corporate limits of the Borough is declared to be detrimental
to public health, safety and the general welfare and likely to present
a fire hazard.
The owner or tenant of lands within the corporate limits of
the Borough shall be required to remove or cause to be removed from
such lands any brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris within 10 days
after receipt of written notice from the Health Officer. Notice to
the owner or tenant to cause the removal of such substances shall
be given by the Board of Health and may be served upon the owner or
tenant either personally or by registered mail. If by the latter method,
the ten-day period within which removal shall be accomplished shall
commence to run from the date of the return receipt obtained by the
postal authority for the delivery of the notice. Notices shall, in
addition to requiring removal, warn the owner or tenant that failure
to accomplish removal within the time stated will result in removal
by or under the direction of the Health Officer, and that the cost
of removal shall be charged to the owner or tenant and payable to
the Borough within 30 days after the date of submission of the charges.
The notice shall also state that unless the costs are paid within
the thirty-day period they shall become a lien upon the lands and
be collected as provided by N.J.S.A. 40:48-2.14.
Whenever the owner or tenant receiving the notice to remove
the substances prohibited shall fail and neglect, within the time
prescribed, to effect removal, removal shall be accomplished by or
under the direction of the Board of Health. An accurate record of
the cost of removal shall be determined by the Health Officer, who
shall certify the cost to the Council, which shall examine the certificate
and, if found correct, shall cause the cost to be charged against
the lands. The amount so charged shall become a lien upon the land
and shall be added to and become a part of the taxes to be assessed
and levied upon the land, 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 violation of this chapter shall, upon conviction, be punishable
by a fine of not less than $5 nor more than $500.
