[Adopted 8-26-1985 (Ch. 42 of the 1974 Code)]
[Amended 2-9-2000]
The owner, tenant or occupant of lands lying within the limits of the Borough of Westville shall remove from such lands or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris where it shall be necessary and expedient for the preservation of the public health, safety and general welfare or to eliminate a fire hazard.
[Amended 7-8-1986; 7-11-1989; 2-9-2000]
In the event that an owner, tenant or occupant of lands fails to remove such objects from the lands owned or rented, the Superintendent of Public Works and/or the designated Borough inspection representative of the Borough of Westville may direct that the same be removed or destroyed and direct a notice to the owner or tenant to remove or destroy or to provide for the removal or destruction of the same.
[Added 10-9-1990]
The designated representative of the Borough of Westville or his or her designated agent is hereby authorized and directed to make the necessary inspections to determine the condition of the properties within the Borough of Westville in order that they may perform their duty of safeguarding the health and safety of the general public pursuant to this section. For the purpose of making such inspections, the designated representative or his or her designated agent is hereby authorized to enter the properties in the Borough of Westville and to examine and survey, at all reasonable times, such premises. The owner or occupant of every property, or the person in charge thereof, shall give the designated representative or his or her designated agent free access to such property at all reasonable times for the purpose of such inspection, examination and survey. Every occupant of the property shall give the owner thereof, or his or her agent or employee, access to any part of the property at all reasonable times for the purpose of making such corrections to the property as are necessary to effect compliance with the provisions of this section or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provisions of this section.
[Amended 7-8-1986; 7-11-1989; 2-9-2000; 3-2-2020 by Ord. No. 4-2020; 7-25-2022 by Ord. No. 15-2022]
In the event that the owner, tenant or occupant fails to remove or destroy the items set forth within three days of notice from the Superintendent of Public Works and/or designated Borough inspection representative of the Borough of Westville, then and in that event the Borough of Westville shall destroy or remove from the lands in question the brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris by or under the direction of the Superintendent of Public Works and/or designated Borough inspection representative of the Borough of Westville, and the Superintendent of Public Works and/or designated Borough inspection representative shall certify the cost thereof to the governing body of the Borough of Westville, who shall examine the certificate, and, if it is found to be correct, the governing body shall cause the cost as shown thereon to be charged against the lands in question; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such 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.
[Amended 3-2-2020 by Ord. No. 4-2020; 7-25-2022 by Ord. No. 15-2022]
The notice required shall contain a description of the property affected sufficiently definite in terms to identify the same, as well as a description of the manner in which such removal or destruction is to be carried out, and said notice shall further contain a statement that, unless such removal or destruction is completed within three days after service of such notice, the Borough of Westville will proceed with such removal or destruction or cause the same to be proceeded with pursuant to N.J.S.A. 40:48-2.14, or any amendments thereto, and will charge the costs and expenses thereof against said property.
[Amended 2-9-2000; 3-2-2020 by Ord. No. 4-2020]
Such notice may be served upon the owner(s), tenant(s) or occupant(s) resident in the Borough of Westville, in person or by leaving the same at their usual place of residence with a member of their family above the age of 14 years. In case any such owner shall not reside in the Borough of Westville, or in the case any such tenant shall not reside in the Borough of Westville, notice may be served upon him or her personally or mailed to the last known post office address, or it may be served upon the occupant of the property or upon the agent of the owner or tenant in charge thereof. In case the owner or tenant of such property is unknown or service cannot for any reason be made as above directed, notice thereof shall be posted in a conspicuous place on the property affected and shall be published at least once, not less than five days before the proposed removal or destruction, in a newspaper circulating within the Borough of Westville. There may be inserted in said advertisement notice to the owner or owners of several different parcels of land. Notice to infant owners or tenants or owner or owners or tenants of unsound mind shall be served upon their guardians. Where lands are held in trust, service shall be made upon the trustee. Where lands are held by two or more joint tenants, tenants in common or tenants by the entirety, service upon one of such owners or tenants shall be sufficient and shall be deemed and taken as notice to all.
[Amended 7-8-1986; 7-11-1989; 2-9-2000]
Proof of service of such notices shall be filed within 10 days thereafter with the Superintendent of Public Works and/or designated Borough inspection representative of the Borough of Westville, but failure to file the same shall not invalidate the proceedings if service has actually been made as herein provided.
[Amended 2-9-2000]
A. 
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable as set forth in Chapter 1, Article I, § 1-15, General penalty.
[Amended 2-13-2013 by Ord. No. 2-2013]
B. 
Any person who is convicted of violating the provisions of this chapter within one year of the date of a previous violation of the same chapter and who was fined for the previous violation shall be sentenced by the court to an additional fine as a repeat offender. The additional fine imposed by the court for a repeated offense shall not be less than the minimum or exceed the maximum fine fixed for a violation of this chapter, but shall be calculated separately from the fine imposed for the original violation of this chapter. The continuation of such violation for each successive day shall constitute a separate offense.