[HISTORY: Adopted by the Township Committee of the Township
of Elk 4-1-2010 by Ord. No. O-2010-20;[1]amended in its entirety 8-4-2011 by Ord. No. O-10-2011. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Littering; projectiles — See Ch. 72.
Property maintenance — See Ch. 79.
Solid waste — See Ch. 84.
[1]
Editor's Note: This ordinance also repealed former Ch.
45, Brush, Grass and Weeds, comprised of Art. I, Visual Obstructions
at Intersections, adopted 2-1-1979.
It shall be the duty of the owner, tenant or person in possession
of any lands in the Township:
A.
To keep all brush, hedges or other plant life growing within 10 feet
of any roadway and within 25 feet of the intersection of two roadways
cut to a height of not more than 2 1/2 feet where it shall be
necessary and expedient for the preservation of public safety.
B.
To keep the lands free of brush, weeds, dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash and debris, where
the same are inimical to the preservation of public health, safety
or general welfare of the Township, or which may constitute a fire
hazard.
A.
Upon receipt of a complaint of a resident, officer or employee of
the Township relative to a violation of this chapter, or upon his
or her own motion, the Zoning Officer or an officer of the Elk Township
Police Department shall investigate said complaint.
B.
If the reported conditions are found to exist, the Zoning Officer
or an officer of the Elk Township Police Department shall notify the
owner, tenant or person in possession of the lands complained of,
in writing, either personally or by registered mail, to remove such
brush, weeds, dead or dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash or other debris within 10 days after receipt
of the notice.
C.
The Zoning Officer or an officer of the Elk Township Police Department
shall reinspect the lands in question after the ten-day period expires
and, if necessary, cause the person noticed to appear in a court of
competent jurisdiction.
A.
If the owner, tenant or person in possession of the lands in question
fails to abate the condition complained of, the Zoning Officer or
an officer of the Elk Township Police Department shall notify the
Township Committee in writing. The Township Committee may cause the
condition complained of to be abated and the cost of abatement to
be charged against the lands.
B.
The amount so charged shall become a lien upon the lands and shall
be added to and become a part of the taxes next to be assessed and
levied upon the lands, shall bear interest at the same rate as taxes,
and shall be collected and enforced by the same officer and in the
same manner as taxes.
C.
Costs shall be in addition to any penalties imposed for any violation
of this chapter.
