[Adopted 8-18-2015 by Ord. No. 2015-09]
A.
Clementon Borough may abate any nuisance, correct a defect, or put
a premises in proper condition so as to comply with the requirements
of this chapter, and may expend municipal funds for such purpose.
The officer of the municipality in charge thereof shall certify the
cost to the governing body, which shall examine the certificate and,
if found correct, shall cause the cost to be charged against the land
or premises. 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 other taxes and shall be collected and enforced
in the same manner as taxes.
B.
In all cases where grass, brush, hedges and other plant life, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, or snow and ice, are removed or abated by Clementon Borough, the municipal officer in charge thereof, shall certify the cost to the governing body, which shall examine the certificate and, if found correct, shall cause the cost to be charged against the lands or premises. The amount so charged shall become a lien upon the lands and premises and shall be enforced and collected as set forth in Subsection A above.
C.
Whenever the enforcement officer determines that there is or has
been a violation of this chapter for excessive, uncontrollable or
overgrown grass, weeds, shrubs, trees, plants or other vegetation,
he or she shall give notice of such violation to the person, persons
or entities responsible thereof under this chapter. Such notice shall
be in writing and shall include a concise statement of the reasons
for its issuance. Service of the notice shall be deemed sufficient
if sent by certified mail, return receipt requested, to the last known
address of the person or entity as shown by the most recent tax lists
of the municipality, or personal service, or a copy thereof being
left at the usual place of abode or office of such person or entity.
Such notice may be served either within or without the municipality.
The notice shall direct that the violation be removed, abated, cured,
prevented or desisted within five (5) days of the date of service
of the notice, exclusive of the date of service, or a summons will
be issued for such violation and the borough will abate, remove, cure,
prevent or desist the violation with the cost to be paid by the owner
of the property and a lien filed against the property. The enforcement
officer shall provide the cost of correction to the borough tax collector,
who shall place a lien against the property.
D.
The cost for abatement or removal as set forth in Subsections A, B and C above shall be calculated pursuant to the following schedule:
Unless otherwise provided by statute or in the Code of the Borough
of Clementon, violation of any provision of the Code of the Borough
of Clementon shall be punishable by one or more of the following:
a fine not to exceed $2,000, imprisonment for not more than 90 days,
and/or a period of community service not to exceed 90 days. Each day
on which a violation occurs shall be considered a separate offense.
See N.J.S.A. 40:49-5 for fines in excess of $1,250 for housing and
zoning violations and for violations of solid waste disposal ordinances.
