[HISTORY: Adopted by the Mayor and Council of the Borough of Emerson 5-28-1974 by Ord. No. 628 as Chapter 20 of the 1966 Code of the Borough of Emerson. Amendments noted where applicable.]
[Amended 10-15-2013 by Ord. No. 1467]
If, upon the recommendation of the Chief of Police or the Fire Inspector or Health Officer of the Borough of Emerson, it shall be necessary and expedient for the preservation of public health, safety or general welfare or to eliminate fire hazards and it is required that brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris should be destroyed or removed from any lands in the Borough of Emerson, said public official shall, immediately upon said determination, notify the Building Inspector of the Borough of Emerson.
The Building Inspector shall be notified of loose and overhanging objects, including, without limitation, dead and dying trees, located on private property, accumulations of ice or other similar conditions which, by reason of their locations above a Borough right-of-way, Borough easement, or Borough sidewalk, constitute an immediate hazard to persons utilizing the right-of-way, easement, or sidewalk.
The Building Inspector, upon notification of such condition by the Chief of Police, Fire Inspector or Health Inspector, shall forthwith notify the owner or occupant of said lands or property, by personal service upon the occupant thereof or by certified mail upon the owners thereof if said owners are nonresidents, to remove or destroy the same within 10 days after service of said notice.
[Amended 2-18-2003 by Ord. No. 1218]
Any owner or occupant who fails to provide for the removal or destruction of the same within the period provided herein shall be subjected to a fine to be imposed by the Judge of the Municipal Court of the Borough of Emerson, which shall not exceed $500 or 90 days' imprisonment, or both, at the discretion of the Judge of the Municipal Court.
Each day following the expiration of the 10 days after notice is served, wherein the removal or destruction is not performed, shall be considered a separate offense.
Where, after notice as provided herein, the removal or destruction is not performed, the Building Inspector shall arrange to have the brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris destroyed or removed from said lands, and the Building Inspector shall certify the cost thereof to the Mayor and Council of the Borough of Emerson.
If the Mayor and Council, upon examination of said certificate, shall find the same to be correct, they shall cause the cost of said destruction or removal to be charged against said lands, and the amounts so charged shall forthwith become a lien upon said lands, which charge shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, and such charge shall 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.