[Amended 10-15-2013 by Ord. No. 1467]
A. If, upon
the recommendation of the Chief of Police or the Fire Official 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B. 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
The Building Inspector, upon notification of
such condition by the Chief of Police, Fire Official or Health Officer,
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.