[Adopted 11-28-2016 by Ord. No. 2016-24[1]]
[1]
Editor's Note: This ordinance also renumbered former Art. III, Invasive Plants, and Art. IV, Administration and Enforcement, as Art. IV and Art. V, respectively, and renumbered former §§ 249-7 through 249-16 as §§ 249-13 through 249-22, respectively.
The purpose of this article is to regulate the accumulation of brush, grass and/or weeds on private property within the Township of Berlin. The enforcement, violations and penalties contained in this article shall apply only to any action taken by the Township to enforce the provisions of this article. In the event of any conflict between the enforcement, violations and/or penalty provisions of this Article III and the provisions set forth in Article V of this chapter, the enforcement provisions of this article shall control.
It shall be unlawful for an owner or tenant of lands lying within the limits of the Township of Berlin to allow to accumulate on said lands brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris. The presence of grass over 10 inches high shall also be construed to constitute a violation.
A. 
Whenever dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris have been allowed to accumulate on lands lying within the limits of the Township of Berlin, and the Fire Marshal, Chief of the Police Department, Health Officer, or Property Maintenance Officer shall deem it necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove or destroy the same, the Fire Marshal, Chief of the Police Department, Health Officer or Property Maintenance Officer shall give the owner or tenant of any such lands 10 days' written notice to remove or destroy the same.
B. 
In the event there exists on the property grass in excess of 10 inches high, or in the event of the existence of brush or weeds, including ragweed, which, in the opinion of the Fire Marshal, Chief of the Police Department, Health Officer, or Property Maintenance Officer, it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard, to remove or destroy the same, no prior notice shall be provided, and the Fire Marshal, Chief of the Police Department, Health Officer, or Property Maintenance Officer shall immediately issue a citation for violation of this article.
C. 
The notice required to be given hereunder shall be delivered as follows:
(1) 
In the event that such lands shall be occupied by either the owner or tenant, written notice shall be given to such owner or tenant personally or by leaving such notice on the premises with a member of the owner's or tenant's family above the age of 14 years.
(2) 
In the event that such lands shall not be occupied, written notice shall be sent to the assessed owner of said land at his last known residence as shown in the office of the Collector of Taxes of the Township of Berlin, by registered mail, with postage prepaid thereon.
A. 
In the event that such owner or tenant shall refuse or neglect to remove or destroy the debris within the time limited by such notice as provided under § 249-9, then the Fire Marshal, Chief of the Police Department, Health Officer or Property Maintenance Officer shall issue a citation for violation of this article; provided, however, that for each subsequent violation of this article by an owner or tenant within the same calendar year, for the same property, the owner or tenant shall not receive notice pursuant to § 249-9, and a citation shall be immediately issued for said violation.
B. 
The Fire Marshal, Chief of the Police Department, Health Officer or Property Maintenance Officer may also, either in lieu of or in combination with the issuance of a citation, and within their sole discretion, remove or cause to be removed or destroyed under his or her discretion all such accumulations as hereinbefore set forth.
A. 
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 Fire Marshal, Chief of the Police Department or Health Officer to remove or destroy or cause such removal or destruction, the officer shall certify the cost thereof to the Mayor and Council of Berlin.
B. 
Upon such certification to the Mayor and Council of the cost of removal or destruction as hereinbefore set forth, the Mayor and Council shall examine such certification and, if found correct, the cost as shown thereon shall, by resolution of the Mayor and Council, be charged against said lands.
C. 
Upon passage of said resolution by the Mayor and Council as set forth in § 249-11B hereof, the assessment so charged shall forthwith become a lien on such lands and shall be added to and become a part of the taxes next to be assessed and levied upon said 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 or failing to comply with any of the provisions of this Article III shall, upon conviction thereof, be punishable by a fine of not more than $500. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.