[Adopted 8-11-1975]
[1]
Editor's Note: The provisions of this article
are derived from Section 4-4, Chapter 4 of the former Revised Ordinances,
adopted 8-11-1975, as amended.
It shall be unlawful for any owner, tenant or
person to gather, accumulate, keep or permit the gathering, accumulation
or keeping of brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash, debris, litter, refuse, rubbish or
any of the articles on any land or in any place in the Township, in
such a manner as to constitute a menace to public health, safety or
general welfare or to create a fire hazard.
The owner, tenant or person having charge or control over the premises where any material has accumulated in violation of any provision of § 78-1 shall remove or cause the removal of the articles as provided in this article.
A.
Enforcement. If any condition described in § 78-1 above is deemed to exist, it shall be the duty of the Chief of the Fire Department, appointed Fire Inspectors, the Health Officer and the Police Department of the Township, or any of them, to then give written notice to the owner of the premises or the tenant therein or the person having charge or control thereof, requiring the removal of the articles within 10 days after the service of the notice.
B.
Notice. Any notice mentioned herein may be served
in person or by mailing to the last known address of the respective
owner or tenant or person in charge. When the owner or person in charge
does not reside in the Township, and when service is by mailing, then
a copy of the notice shall be posted on the same day as the mailing
at the premises where the condition exists. Failure to rectify the
condition of which notice is given within the period specified in
the notice shall constitute a violation hereunder.
The officers shall make inspections from time to time to ascertain whether any conditions described in § 78-1 exist or, upon receipt of information that such a condition exists, shall make an investigation accordingly. The designation herein contained shall not limit the capability or authority of any person or officer authorized to enforce this article or any similar ordinance under any other ordinance or law.
[Amended 11-28-1984 by Ord. No. 38-1984]
A.
If the owner, tenant or person in charge shall fail
to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash, debris or other articles within the
time required by the notice, then the Chief of the Fire Department
and the Sanitary Inspector, or any officer stated hereinabove, may
remove or cause or arrange for the removal of the articles. The officer
causing the removal shall keep an accurate account of the costs thereof
and shall certify the costs and expenses to the Township Committee,
which shall examine the certification. However, in no event shall
the cost be less than $75 per occasion of removal by the Township
employees.
B.
If the Township Committee shall find the same correct,
the costs shall be charged against the lands upon which the articles
were located and from which they were removed. A statement of the
costs shall forthwith be furnished by the Township Clerk to the Collector
of Taxes, and the costs shall forthwith become a lien upon the lands
where the violation existed, and shall be added to, become and form
a part of the taxes next to be assessed and levied upon the lands,
to bear interest at the same rate as taxes, and the lien shall be
collected and enforced in the same manner as taxes, pursuant to the
statutes governing the subject matter.
[Added 7-9-2008 by Ord. No. 24-2008]
Any owner or tenant of land lying within the limits of the Township
of Egg Harbor violating the terms of this article shall, upon conviction
thereof, be subject to a minimum fine of $500 or a maximum fine of
$2,000 or by imprisonment for a term not exceeding 90 days or by a
period of community service not exceeding 90 days. Any such penalty
shall be in addition to the costs incurred in removal of said violations
as described in the notice given by the Township of Egg Harbor. For
purposes of this article, each day on which such a condition exists
after the expiration of the notice shall be deemed or constitute a
separate offense under this article, and separate complaints may be
filed for each such offense.
