[Adopted 7-11-1972 as Ch. 62 of the 1972 Code]
[1]
Editor's Note: Former §§ 243-18 through 243-25 in this Art. III were renumbered as §§ 243-23 through 243-30, respectively in conjunction with Ord. No. 2008-5, adopted 4-10-2008.
It shall be unlawful for any owner or possessor of land in this Borough to do any of the following:
A. 
Permit such land to be covered with or contain refuse or debris resulting from the construction, demolition or neglect of a building, which refuse or debris has remained on the land for more than 30 days after completion of the construction work or the demolition, or after the loose boards, shingles or other materials have fallen off a building, and where such refuse or debris is inimical to the preservation of the public health, safety or general welfare of the people of the Borough of Netcong, or which refuse or debris may constitute a fire hazard.
B. 
Permit on such land an abandoned, unused or unprotected well, cellar or other unnatural declivity in which stagnant water or debris is retained or which is dangerous to a person, including a child, being or coming upon said land.
C. 
Permit to be stored or placed on such land old lumber, metal, machines or parts of machines, junk, paper, clothes, glass, filth, garbage, trash, debris or refuse or any combination of them, which is either a fire hazard, retains stagnant water, emits foul or obnoxious odors or which is dangerous to a person, including a child, being or coming upon the land.
[Amended 2-11-1986]
Upon complaint of any resident or property owner of the Borough of Netcong, or any employee of said Borough, or upon his own motion, the Building Inspector shall make an investigation of the condition complained of and report thereon in writing to the Borough Clerk for the Borough Council.
Upon receiving said report, if the land in question about which the complaint was made is found to be in such condition that a violation of one or more of the provisions of § 243-23 hereof exists on said land, the Borough Clerk shall notify the owner or possessor of said lands complained of, in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove said violation from said land within 10 days after receipt of said notice.
The Building Inspector shall reinspect said lands after the ten-day period shall have expired and shall report in writing to the Borough Clerk for the Borough Council whether or not the violative condition complained of and previously found to exist in violation of this article has been abated or remedied.
In the event that the owner or possessor of said lands shall refuse or neglect to abate or remedy the condition complained of and which constituted a violation of this article, after said 10 days' notice, the Borough Council shall cause the condition complained of to be abated and remedied.
Upon the removal of any of the materials prohibited to be stored on lands by this article, by or under the direction of such officer or officers of this Borough in cases where the owner or tenant shall have refused or neglected to remove same in the manner and within the time provided above, such officer or officers shall certify the cost thereof to the Borough Council, which 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 and form 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.
[Amended 8-10-2006 by Ord. No. 2006-20]
Any person, firm, or corporation violating any of the provisions of this article shall be subject to such penalties as are provided for in Article I of Chapter 1 of the Code of the Borough of Netcong.
Notwithstanding any other evidence of legislative intent of the Borough Council herein, it is hereby declared to be the controlling legislative intent that if any provision of this article, or the application hereof to any person or circumstances, is held invalid, the remainder of this article, and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.