[HISTORY: Adopted by the North Wildwood City Council 6-5-1991 by
Ord. No. 1093. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
The open space on the premises and on adjoining property, under the
control of owners or operators of such premises.
The animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
Any person, agent, operator, firm or corporation having a legal or
equitable interest in the property or recorded in the official records of
the state, county or municipality as holding title to the property or otherwise
having control of the property, including the guardian of the estate of any
such person, and executor or administrator of the estate of such person if
ordered to take possession of real property by a court.
An individual, corporation, partnership or any other group acting
as a unit.
A lot, plot or parcel of land, including the buildings or structures
thereon.
Combustible and noncombustible waste materials, except garbage, and
the term shall include the residue from the burning of wood, coal, coke and
other combustible materials, paper, rags, cartons, boxes, wood, excelsior,
rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral
matter, glass, crockery and dust or other similar materials.
[Amended 4-18-2000 by Ord.
No. 1344]
The City of North Wildwood finds that it is necessary and expedient
for the preservation of the public health, safety and general welfare to eliminate
fire hazards and require the removal of brush, weeds, trash, garbage and similar
items from property.
[Amended 4-18-2000 by Ord.
No. 1344]
All property within the City limits shall be maintained free from brush,
weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris. The property owner or occupant must destroy
and remove said items from the property within 10 days after notice to remove
or destroy same and to provide for the removal or destruction of same by or
under the direction of some officer of the municipality in cases where the
owner or tenant shall have refused or neglected to remove or destroy same
in the manner and within the time provided herein.
The owner of the premises shall maintain the exterior property in compliance
with these requirements. A person shall not occupy as owner-occupant or permit
another person to occupy or use premises which do not comply with the requirements
of this chapter.
All vacant structures and premises thereof or vacant land shall be maintained
in a clean, safe, secure and sanitary condition so as not to cause a blighting
problem or adversely affect the public health or safety. All vacant lands
shall be properly graded and all rubbish removed.
[Amended 4-18-2000 by Ord.
No. 1344]
Whenever the Code Enforcement Officer of the City of North Wildwood
determines that there has been a violation of this chapter or has reasonable
grounds to believe that a violation has occurred, notice shall be given to
the owner or the person or persons responsible therefor in the manner prescribed
below. The notice shall give the owner or other occupant of the premises 10
days after receipt of the notice to destroy and/or remove same.
Such notice prescribed in § 162-6 shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient for
identification.
C.
Include a statement of the reason or reasons why the
notice is being issued.
D.
Include a correction order allowing a reasonable time
for the abatement of the violation in order to bring the premises into compliance
with the provisions of this chapter.
E.
Include an explanation of the owner's right to seek modification
or withdrawal of the notice.
[Amended 4-18-2000 by Ord.
No. 1344]
Such service shall be deemed to be properly served upon such owner if
a copy thereof is delivered to the owner personally or by leaving the notice
at the usual place of abode, in the presence of someone in the family of suitable
age and discretion who shall be informed of the contents thereof, or by certified
or registered mail, together with regular mail, addressed to the owner at
the last known address with return-receipt requested or, if the certified
or registered letter is returned with the receipt showing that the letter
has not been delivered, by posting a copy thereof in a conspicuous place on
or about the premises affected by such notice. In the event that the regular
mailing, if any, is also returned undelivered, then a copy of the notice shall
be published in a local newspaper of general circulation.
Should the owner or the person or persons responsible fail to correct
the violation or violations within the time period prescribed in the notice,
the Code Enforcement Officer of the City of North Wildwood shall proceed to
have the violation or violations corrected. The cost of the correction shall
forthwith become a lien upon the subject premises and shall be added and become
and form part of the taxes to be assessed and levied upon the subject property.
The amount shall bear interest at the same rate as taxes and shall be enforced
in the same manner.
[Amended 8-4-1998 by Ord.
No. 1305; 5-21-2002 by Ord.
No. 1411]
Any person, firm or corporation who shall violate any provision of this
chapter shall, upon conviction thereof, be subject to a fine of no more than
$1,250 or imprisonment for not more than 90 days, or both. Each day that a
violation continues after due notice has been served, in accordance with the
terms and provisions hereof, shall be deemed a separate offense.
