[HISTORY: Adopted by the Borough Council of the Borough of Lodi 9-21-2009 by Ord. No. 2010-09. Amendments noted where applicable.]
GENERAL REFERENCES
Brush, grass, weeds and debris — See Ch. 169.
Property maintenance — See Ch. 407.
Any property that meets any one of the following criteria may be deemed to constitute a public nuisance upon determination of the Zoning Officer of the Borough of Lodi:
A. 
The property is in need of rehabilitation in the reasonable judgment of the Zoning Officer, and no rehabilitation has taken place during the preceding six-month period.
B. 
Construction was initiated on the property and such construction was discontinued prior to completion, rendering the property unsuitable for occupancy, and no construction has taken place for at least six months as of the date of a determination by the Zoning Officer pursuant to this chapter.
C. 
The property has been found to be unfit for human habitation, occupancy or use pursuant to a determination of the Zoning Officer.
D. 
The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties pursuant to a determination of the Zoning Officer.
E. 
The property is subject to unauthorized entry leading to potential health and safety hazards, and/or the owner of the property has failed to take reasonable and necessary measures to secure the property pursuant to a determination of the Zoning Officer.
F. 
The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or the grounds have created potential health and safety hazards, and the owner has failed to take reasonable and necessary measures to remove such hazards pursuant to a determination of the Zoning Officer.
G. 
The dilapidated appearance or other condition of the property materially affects the welfare, including economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions pursuant to a determination of the Zoning Officer.
Upon determination of a public nuisance by the Zoning Officer in accordance with the provisions of this chapter, notice of such determination shall be issued, in writing, to the owner and occupants (if any) of the property in question within five business days of such determination via regular United States Postal Service mail and certified United States Postal Service mail, return receipt requested.
Upon the issuance of the notice required in accordance with § 354-2 of this chapter of a declaration of a public nuisance by the Zoning Officer, the owner of the property in question shall commence to undertake the remedial action identified by the Zoning Officer within 10 days of the issuance of the notice of declaration of public nuisance and complete the same in the time and manner specified by the Zoning Officer therein, but in no event longer than 90 days from the issuance of the notice of determination of public nuisance. In the event that the property owner fails to commence and/or complete the remediation of the public nuisance in the manner and time specified by the Zoning Officer, then and in that event the Borough Manager may, in his discretion, order the undertaking of any and all actions necessary to abate the public nuisance, either through means of the Borough's Department of Public Works and/or the engagement of private contractors.
The Tax Collector of the Borough of Lodi is hereby authorized to place a lien on any property so remediated by actions of the Borough of Lodi, as ordered by the Borough Manager, to recover any costs incurred or expended by the Borough of Lodi to abate any public nuisance declared by the Zoning Officer in accordance with the terms of this chapter.