PM-106.2 Penalty: Any person who
shall violate a provision of this code shall, upon conviction thereof,
be subject to a minimum fine of not less than fifty dollars ($50.)
and a maximum of not more than one thousand dollars ($1,000.), or
imprisonment for up to ninety (90) days, or a period of community
service not exceeding ninety (90) days, or any combination thereof.
Each day that a violation continues after due notice has been served
shall be deemed a separate offense.
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SECTION PM-111.0 CONDITIONS OF PROPERTY
AND REMEDIATION
PM-111.1 Purposes: The provisions
of this section of the code shall vest in the municipality and its
agents the authority to address conditions existing in and upon dwellings
or lands lying within the municipality in order to preserve the public
health, safety, general welfare and to prevent fire hazards.
PM-111.2 Land and dwelling requirements: The owner or tenant of a dwelling or lands lying within the limits
of the municipality shall remove from such lands or dwelling brush,
weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris within ten (10) days after
notice to remove or destroy the same. In cases where the owner or
tenant shall have refused or neglected to remove or destroy the same
in the manner and within the time provided above, the borough may
provide for the removal or destruction of the same by or under the
direction of the Construction Official, Property Maintenance Officer
or Health Officer and may provide for the imposition of penalties
for the violation of this Article. For the purposes of this Article,
garbage shall not include 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, pursuant
to N.J.S.A. 40:48-2.13a.
PM-111.3 Solid waste: The owner
or tenant of a dwelling or land located within the municipality 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. Removal or destruction of the solid waste shall be completed
within ten (10) days after notice to remove or destroy the same. In
cases where the owner or tenant shall have refused or neglected to
remove or destroy the same in the manner and within the time provided
above, the borough may provide for the removal or destruction of the
same by or under the direction of the Construction Official, Property
Maintenance Officer or Health Officer and may provide for imposition
of penalties for violations of this Article.
PM-111.4 Cost of remediation: In
all cases where brush, weeds, including ragweed, dead and dying trees,
stumps, roots, obnoxious growth, filth, garbage, trash and debris
are destroyed or removed from any dwelling or lands under or by the
direction of an officer or code enforcement officer of the municipality,
such officer or code enforcement officer shall certify the cost thereof
to the governing body, which shall examine the certificate and, if
found correct, shall cause the cost as shown thereon to be charged
against said dwelling or lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon such dwelling
or 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.
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