[HISTORY: Adopted by the Board of Health of the Borough of Carteret
6-9-1978 as Art. VI of the 1978 Revised Ordinances. Section 283-4A and B amended
at time of adoption of Code; see Ch. 277, General Provisions, Board of Health,
Art. I. Other amendments noted where applicable.]
It shall be the duty of any owner or tenant or person in possession
of any lands in the borough.
A.
To keep such lands free of brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris,
where the same inimical to the preservation of public health, safety or general
welfare of the borough or which may constitute a fire hazard.
B.
Where the lands abut or border upon any public street
in the borough, to remove all grass, weeds, brush and other debris from that
part of the street bordering on their respective lands.
The Building Inspector and the Health Officer or their agents are empowered to notify any owner or tenant of lands within the borough to remove any and all of the items enumerated in § 283-1. Notice shall be given to the owner or tenant by registered mail, return receipt requested, at the owner's or tenant's last known address.
In the event that the owner, tenant or person in possession of the lands
in question shall refuse or neglect to abate or remedy the condition which
is in violation of this chapter within ten (10) days after receipt of notice,
the Building Inspector and the Health Officer or their agents shall cause
the same to be abated and remedied and certify the cost thereof to the Council,
which shall examine the certificate and, if found correct, cause the cost
as shown thereon to be charged against the lands. The amount so charged shall
forthwith become a lien upon such lands and shall be added to and become and
form a part of the taxes next to be assessed and levied upon such lands, the
same to bear interest at the same rate as taxes, which shall be collected
and enforced by the same officer and in the same manner as taxes. Costs shall
be in addition to any penalties imposed for a violation of this chapter.
A.
Maximum penalty. For any violation of any provision of
this chapter or any other ordinance of this nature, the maximum penalty shall,
upon conviction, be a fine not exceeding five hundred dollars ($500.).[1]
C.
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for each and every violation.
Any lesser penalty, including a nominal penalty or no penalty at all, may
be appropriate for a particular case or violation.
