[HISTORY: Adopted by the City Council of the City of Salem as Ch. XX, Secs. 20:01 through 20:06, of the 1975 Municipal Code; amended in its entirety 8-17-1998 by Ord. No. 98-26. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Junkyards and junk dealers — See Ch. 127.
Property maintenance — See Ch. 163.
Solid waste — See Ch. 185.
[Amended 11-15-1999 by Ord. No. 99-18][1]
Wherever the Police Department or Department of Inspections and Permits or other designated officer of the City of Salem shall determine that it is necessary and expedient for the preservation of the public health, safety and general welfare or to eliminate a fire hazard that there be removed from lands, dwellings or other structures within the City of Salem weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris or grass or weeds or other vegetation which has reached a height of 10 inches, there shall be given by said person to the owner or tenant of said lands, dwellings or other structures 10 days' notice to remove the same, whereupon the owner or tenant of said lands, dwellings or other structures shall be required within said period to remove the same. For the purposes of this section, the phrase "garbage, trash and debris" shall:
A. 
Include, but not be limited to, tires, motor vehicle parts, construction waste such as wood, bricks and glass, and dirt, sand or other piled material; and
B. 
Not include solid waste stored in such a way that is accessible to and likely to be strewn about by animals pursuant to § 84-7.
[1]
Editor's Note: See N.J.S.A. 40:48-2.13 et seq.
In the event that the owner or tenant shall refuse or neglect to carry out the above-mentioned order of removal within the time mentioned, the city officer involved shall sign a complaint against such owner or tenant for violation of this article, and successive complaints shall be made up every ten-day period from the signing of the original complaint that said owner or tenant fails to comply with this article. Such successive ten-day period shall constitute separate and distinct violations and render the said owner or tenant liable to the penalties hereinafter provided.
[Amended 4-20-1987 by Ord. No. 8707; 7-20-2020 by Ord. No. 20-06]
Any person violating this article shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,000; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this article within one year of the date of a previous violation of the same article and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the article, but shall be calculated separately from the fine imposed for the violation of the article.
In the event that the owner or tenant shall refuse or neglect to carry out the above-mentioned order of removal within the time mentioned, the same may be removed by the City of Salem, and the officer in charge of said removal shall certify the cost thereof on appropriate certificate to the Council.
If said certificate is found correct, the Council shall cause the cost of removal as shown thereon to be charged against said lands, dwellings or other structures, and the amount so charged shall forthwith become a lien upon such lands, dwellings or other structures, and shall be added to and become a part of the taxes next to be assessed and levied upon said lands, dwellings or other structures, the same to bear interest at the same rate as taxes and shall be controlled by the same officers and in the same manner as taxes.
[Amended 11-15-1999 by Ord. No. 99-18]
The Street Department and the Police Department shall advise the Department of Inspections and Permits of any violations of this article that they may observe in the course of traveling through and about the city.
[Amended 11-15-1999 by Ord. No. 99-18]
Whenever the Department of Inspections and Permits, Police Department or other designated officer of the City of Salem shall determine that it is necessary and expedient for the preservation of public health, safety or general welfare to remove from lands, dwellings or other structures located within the City of Salem or to 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, there shall be given by said officer to the owner and/or tenant of said land, dwelling or other structure notice requiring the removal or destruction of said solid waste within a specific period of time which shall be not less than 72 hours nor more than 10 days after the owner or tenant has received written notice to that effect.
In the event that the owner and/or tenant shall refuse or neglect to carry out the above-mentioned order of removal or destruction within the time directed, the city officer involved shall sign a complaint against such owner and/or tenant for violation of this article, and successive complaints shall be made up every seventy-two-hour period from the signing of the original complaint that said owner or tenant fails to comply with this article. Such successive periods shall constitute separate and distinct violations and render said owner or tenant liable to the penalties hereinafter provided.
[Amended 7-20-2020 by Ord. No. 20-07]
Any person violating this article shall, upon conviction, be subject to a fine of not less than $100 nor more than $2,500; or imprisonment in the county jail for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any person who is convicted of violating this article within one year of the date of a previous violation of the same article and who was fined for the previous violation, shall be sentenced by a court to an additional fine as a repeat offender. The additional fine imposed by a court upon a person for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of the article, but shall be calculated separately from the fine imposed for the violation of the article.
In the event that the owner and/or tenant shall refuse or neglect to carry out the above-mentioned order of removal or destruction within the time directed, the same may be removed or destroyed by the City of Salem, and the officer in charge of said removal shall certify the cost thereof on an appropriate certificate to the Council.
If said certificate is found correct, the Council shall cause the cost of the removal as shown thereon to be charged against said lands, and the amount so charged shall forthwith become a lien upon such lands, dwellings or other structures, and shall be added to and become a part of the taxes next to be assessed and levied upon said lands, dwellings or other structures, the same to bear interest at the same rate as taxes and shall be controlled by the same officers and in the same manner as taxes.
[Amended 11-15-1999 by Ord. No. 99-18]
The Street Department and the Police Department shall advise the Department of Inspections and Permits of any violations of this article that they may observe in the course of traveling through and about the city.