For any road maintained by the Borough or any other public entity
that is lined with curbing and/or sidewalk, said curbing and/or sidewalk,
regardless of the installer and absent of an agreement and resolution
to assume responsibility, shall be maintained by the fronting property
owner.
For any road maintained by the Borough or any other public entity
that is lined with trees, plantings or has any other object within
its right-of-way, said trees, plantings or any other object, regardless
of the installer and absent an agreement and resolution to assume
responsibility, shall be maintained by the fronting property owner.
If any condition exists that violates this article, the Borough
Code Enforcement Officer shall notify the owner, tenant or other person
in possession of the property of such condition or conditions, in
writing, by regular mail or personal delivery. The owner, tenant or
person in possession of the property shall have 14 days from the date
of such written notice to correct the condition or conditions so noticed.
The Code Enforcement Officer shall reinspect the lands in question
after the fourteen-day period has expired to determine if the condition
or conditions have been abated or remedied.
If the property owner of the lands in question fails to abate
or remediate the condition or conditions noticed by the Code Enforcement
Officer within 14 days of the notice, the following shall occur:
A. The Code Enforcement Officer shall have the authority to issue a
complaint for the violation or violations of this article, which complaint
shall be brought before the Municipal Court of the Borough of Oceanport.
B. If it is necessary to preserve the public health, safety or general
welfare of the Borough, the Zoning Officer shall cause the condition
or conditions complained about to be abated or remedied and shall
certify the cost of abatement or remediation to the Council of the
Borough of Oceanport. The amount of such abatement or remediation
shall be paid by the owner, tenant or person in possession within
10 days of the date of the mailing by which the invoice is sent to
the aforesaid person.
C. If the said invoice is not so paid, the amount so charged shall be
added to and become a part of the taxes next to be assessed upon the
lands in question and shall bear interest at the same rate as municipal
real estate taxes and shall be collected and enforced by the same
officer and in the same manner as delinquent taxes.
Any person, firm or corporation violating any of the provisions of this article shall be subject to a penalty as set forth in Chapter
1, §
1-15, General penalty.