[HISTORY: Adopted by the Board of Health of the Township of North Brunswick 11-16-1981. Amendments noted where applicable.]
Brush, grass and weeds — See Ch. 135.
The growth, existence or presence of ragweed, poison ivy, poison sumac and any other noxious plant growths; weeds; dead or dying trees, brush, stumps, roots, grass and other dead or dying plant growths on any plot of land, lot, street, highway, right-of-way or any other public or private place which is deemed to be harmful to the public health or safety is hereby declared to be a nuisance and detrimental to the public health, safety and welfare.
No owner of any plot of land, lot, street, highway, right-of-way or any other public or private place within the Township of North Brunswick shall cause, allow or permit a nuisance as declared by this chapter to grow or exist thereon.
Whenever a nuisance as declared by this chapter is found on any plot of land, lot or right-of-way, notice in writing shall be given to the owner thereof to remove or abate the same within such time as shall be specified therein but not less than 10 days from the date of service thereof. If the owner resides out of the state or cannot be notified speedily, such notice shall be left at the place or premises with the tenant or occupant thereof, and a copy of such notice shall be mailed to such owner by certified mail, return receipt requested.
Whenever a nuisance as declared by this chapter is found on any public property or any street or highway on any other public premises or place, notice in writing shall be given to the person in charge thereof to remove or abate the same within such time as shall be specified therein. If such person fails to comply with such notice within the time specified therein, the Township Health Officer, or his/her designated representative, may remove or abate such nuisance in the manner as hereinafter provided in the case of a like condition existing on a private premises or place.
Any property owner who maintains such a nuisance as described in §§ 375-1 and 375-2 of this chapter and who refuses to comply with the notice set out in § 375-4 of this chapter within 10 days of receipt of said notice by certified mail or 30 days of receipt of this notice by ordinary mail shall be declared in violation of this chapter and, upon conviction of violation of this chapter in North Brunswick Municipal Court, shall be subject to a fine between $10 and $200 for the first offense and between $25 and $500 for the second offense.
If the owner, upon being notified as provided in § 375-3 hereof, shall not comply with such notice within the time specified therein and fails to remove or abate such nuisance, the Township Health Officer, or his designated representative, shall proceed to abate the nuisance or may cause it to be removed or abated in a summary manner by such means as the Township Health Officer shall deem proper.
In any case where the aforesaid nuisances are required to be removed or abated from any lands as provided for in § 375-6 hereof:
The Township Health Officer shall certify the cost thereof to the Mayor and Council who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, 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.
The Board of Health may, in the alternative, certify the costs of abatement of the nuisance to the Mayor and Council with a request that the Mayor and Council institute suit in civil court against the property owner to recover all costs of abatement, together with interest, reasonable attorney's fees and court costs, as the court shall allow from said property owner.