[Adopted 8-11-1999 by Ord. No. 12-99; amended in its entirety 9-10-2002 by Ord. No. 12-02]
[Amended 3-11-2003 by Ord. No. 2-03; 12-12-2006 by Ord. No. 16-06; 8-12-2014 by Ord. No. 15-14]
A. Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director of
the Department of Public Works or his designee shall require any owner,
tenant, occupant, managing agent, executor, administrator or other
similar person to remove or destroy brush, weeds (including ragweed),
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris from his property or within the entire perimeter
of the property that extends to the curbline of the roadway abutting
his property, within five days after receipt of notice to remove or
destroy the same.
B. All such obnoxious growth and debris shall be collected and either
removed from the premises or accumulated in trash cans, bags or other
similar containers for removal by any appropriate sanitation service;
the property shall be cleared within the entire perimeter of the property
and extend to the curb- or gutter line of the adjoining roadway, as
the case may be.
In case the owner, operator and/or occupier
of any such land shall refuse or neglect to remove said brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or debris or to cut brush, hedges and other plant life within
five days after the first notice of a violation or three days after
a second or subsequent violation thereof, the Superintendent of Public
Works may remove the same or cause the same to be removed under his
direction.
Written notice shall be served upon any such
person who owns, operates or occupies a premises by first class mail
to the property address or the owner's address as listed with the
Oaklyn Tax Collector, describing the condition of the premises and
demanding that the condition be abated within five days of the date
of said notice, or an appropriate complaint shall be filed in violation
of this article.
In the event that personal service of the written
notice cannot be made, service shall be accomplished by posting said
notice in a conspicuous place on the premises.
Where the owner, operator and/or occupier shall refuse and\or neglect to correct the violation(s) within five days after the date of the notice as referenced in §
58-7 of this article, or upon the expiration of five days following posting of notice as provided in §
58-8 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in §
58-7 of this article, or upon the expiration of three days following posting of notice as provided in §
58-8 of this article, the Borough may correct or cause the violation(s) to be corrected, at the expense of the owner, operator and/or occupier of the property.
Where the owner, operator and/or occupier refuses and\or neglects to correct the violation(s) within five days after receipt of notice as referenced in §
58-4 of this article, or upon the expiration of five days following posting of notice as provided in §
58-5 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in §
58-7 of this article, or upon the expiration of three days following posting of notice as provided in §
58-8 of this article, and the Borough is required to take corrective measures as referenced in §
58-6 of this article, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 120 days from the expiration of five days following posting of notice as provided in §
58-5 of this article.
In all cases where such conditions are abated by the Borough of Oaklyn pursuant to §
58-6 of this article, the Superintendent of Public Works, or his designee, shall certify the cost thereof to the Council of the Borough of Oaklyn, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a 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 Borough of Oaklyn Tax Collector.
[Adopted 12-1-2014 by Ord. No. 19-14]