[HISTORY: Adopted by the Township Committee of the Township of Pennsauken 3-13-1978 by Ord. No. 78-3 as Ch. 109 of the 1977 Code; amended in its entirety 6-20-2018 by Ord. No. 2018:10. Subsequent amendments noted where applicable.]
Whenever it shall appear necessary and expedient to the Township Committee of the Township of Pennsauken, for the preservation of the public health, safety and general welfare or to eliminate a fire hazard, to remove from lands or dwellings lying within the limits of the Township of Pennsauken brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, and stagnant water in ponds and pools, the Township Committee shall cause notice thereof to be given to the owner of such lands or dwellings, and said owner shall, within five days after notice thereof, remove the same. For purposes of this subsection, "garbage" shall not include solid waste stored in such a way that is accessible to and likely to be strewn about by animals, such as but not limited to dogs, cats, raccoons, birds or rodents, pursuant to N.J.S.A. 40:48-2.13a.
The owner or tenant of a dwelling or land located within the Township, when it is necessary and expedient for the preservation of the public health, safety, or general welfare, shall remove from that dwelling or land or destroy any solid waste stored in such a way that it is accessible to and likely to be strewn about by animals, such as but not limited to dogs, cats, raccoons, birds, or rodents.
In case the owner of any such lands shall refuse or neglect to remove said brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, and stagnant water from pools and ponds within the five days after notice thereof, it shall be the duty of the Superintendent of Public Works or the Construction Official to remove the same or cause the same to be removed.
Written notice shall be served upon any such person who owns, operates or occupies a premises by first-class mail to the property address or the owner's address as listed with the Pennsauken Tax Collector, describing the condition of the premises and demanding that the condition be abated within five days of the date of said notice, or an appropriate complaint shall be filed in violation of this chapter. In the event that personal service of the written notice cannot be made, service shall be accomplished by posting said notice in a conspicuous place on the subject premises.
Subsequent remedial action; continuing notice. Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice or the posting of notice as provided in this chapter and the Township is required to take corrective measures as referenced in this chapter, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 120 days from the expiration of five days following the receipt of notice or the posting of notice as herein provided.
The cost of such removal shall be certified by said Superintendent of Public Works or any member of the Code Enforcement Department of the Township of Pennsauken to the Township Committee of the Township of Pennsauken, which Committee shall examine 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 shall become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the same officers and in the same manner as taxes. In its sole discretion, the Township may also seek restitution of the amount so charged in a court of competent jurisdiction.
In addition to any costs collectible under this chapter, any person who shall violate any provision of this chapter shall, upon conviction, be subject to one or more of the following: a fine not exceeding $2,000 or imprisonment in the county jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, in the discretion of the Municipal Court Judge. Each day that such violation shall continue after expiration of the five-day notice period provided in this chapter shall be deemed to be a separate and distinct violation.