Township of Pennsauken, NJ Chapter 111 Brush, Grass, Weeds, Trash, Debris, Stagnant Water and Solid Waste

[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 3-5-2020 by Ord. No. 2020:04. Subsequent amendments noted where applicable.]

§ 111-1 Notice to remove stagnant water, brush, weeds and debris; waste likely to be strewn by animals.

A. 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 or tenant of such lands or dwellings, and said owner or tenant shall, within 10 days after notice thereof, remove the same. For the 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. 40:48-2.13.

B. Whenever it shall appear necessary and expedient for the preservation of the public health, safety, or general welfare, to remove from land or dwelling lying within the Township of Pennsauken or destroy any 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, the Township Committee shall cause notice thereof to be given to the owner or tenant and said owner or tenant shall within 72 hours after notice remove the same (N.J.S.A. 40:48-2.13a).

§ 111-2 Noncompliance of property owner; removal by Township.

A. In case the owner or tenant 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, "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. 40:48-2.13., within 10 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.

B. In the case the owner or tenant of any such lands shall refuse or neglect to remove from that dwelling or land or destroy any 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 within 72 hours after notice thereof, it shall be the duty of the Superintendent of Public Works or the Construction Official to remove the same or cause same to be removed.

C. 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 in the Pennsauken Tax Collector, describing the condition of the premises and demanding that the condition be abated within the time limits set forth in this ordinance 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.

§ 111-3 Collection of costs of removal.

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 see restitution of the amount so charged in a court of competent jurisdiction.

§ 111-4 Violations and penalties.

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, the discretion of the Municipal Court Judge. Each day that such violation shall continue after expiration of the ten-day notice period provided in this chapter shall be deemed to be a separate and distinct violation.