[Adopted 7-11-1972 as Ch. 62 of
the 1972 Code]
It shall be unlawful for any owner or possessor
of land in this Borough to do any of the following:
A.Â
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.Â
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.Â
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]
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.
