[HISTORY: Adopted by the Mayor and Council of the Borough
of Penns Grove as indicated in article histories. Amendments noted
where applicable.]
[Adopted as Art. 2 of Ch. 5 of the 1968 Revised Ordinances
(Ch. 96 of the 1986 Code)]
[Amended 7-5-2017 by Ord.
No. 2017-5]
It shall be unlawful for any owner or owners, occupant or occupants
of any lands lying within the Borough of Penns Grove to allow, permit
or maintain any brush, weeds, dead or dying trees, stumps, roots,
obnoxious growths, poisonous and noxious plants detrimental to health,
filth, garbage, trash and debris or any accumulation of dead weeds,
grass or brush upon said occupied or unoccupied lot or land or on
or along the sidewalk or street adjacent to the same.
[Added 9-7-2010 by Ord.
No. 2010-13]
No person or persons, firm or corporation shall deposit, throw,
spill or dump dirt, mud, gravel, sand, stone, cement, trees, stumps,
brush, grass, weeds, wood, metal, iron, plastic, manure, fertilizer,
ashes, coal, cinders, refuse, garbage or debris or other material
upon any highway, street, road, lane or alley, or portion thereof,
within the limits of the Borough; nor shall any person or persons,
firm or corporation throw, deposit, spill or dump the same upon any
public or private land within the limits of the Borough without the
permission of the owner thereof; nor shall any person or persons,
firm or corporation cause or permit the same to be done.
[Added 9-7-2010 by Ord.
No. 2010-13]
The Board of Health, Department of Public Works, and Construction
Code and Housing and Zoning Officials shall have equal authority and
responsibility for the administration and enforcement of the provisions
of this article as follows:
A.
Whenever a Borough official charged with enforcement of this article determines that there is or has been a violation of any provision of this article, he or she shall give notice of such violation to the person, persons or entities listed as owners of the subject property on the records of the Borough Tax Assessor in accordance with Subsection C below and to any known operator or occupant. The notice shall direct that the violation be removed, abated, cured, prevented or desisted within 10 days of the date of service of the notice, exclusive of the date of service, or summons issued for such violation. The Borough official or his/her designee may extend the time for compliance with the notice of violation for up to 30 additional days, provided that, in his/her judgment, the abatement, removal, prevention, cessation or cure of the condition violated cannot reasonable be effected within the ten-day period. In the event that the condition violated is not abated, removed, cured, prevented and desisted from or otherwise fully remedied within the specified period as set forth in the notice, a summons may then be filed in the Municipal Court by the Borough against the person, persons, entity or entities so notified.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.
Whenever a Borough official charged with enforcement of this article determines that an owner or occupant has habitually and repeatedly violated this article, the Borough official shall not be required to provide the property owner, operator or occupant of the subject property with a ten-day period to remove, abate, cure, prevent or desist as provided in Subsection A of this section. A property owner, operator or occupant of a subject property shall be deemed to have habitually and repeatedly violated this article when the Borough official charged with enforcement of this article has, within a twelve-month period, issued to the property owner, operator or occupant two or more notices of a violation in accordance with Subsection A.
C.
In the event of a violation of this article, notice of said violation
shall be served upon the property owner, operator and occupant of
the subject property as determined from the records of the Borough
Tax Assessor and other reliable sources of information either personally
or by mail. In the event of service by mail, it shall be made by registered
or certified and by regular mail. Service by regular mail shall be
considered valid. If all of the mailings are returned undeliverable,
service shall be accomplished by posting the notice at the subject
property. Service may also be made by personal service of the notice
upon the owner, operator or occupant or upon a member of the family
of the owner over 14 years of age residing in the same dwelling as
the owner.
[Added 9-7-2010 by Ord.
No. 2010-13; amended 7-5-2017 by Ord. No. 2017-5]
Where the violations or conditions existing on the premises of any private or commercial property are of such a nature as to constitute an immediate threat to life and limb unless abated without delay, or of such a nature as to cause interference with poles, wires, cables, conduits, and other electronic conductors and fixtures necessary for the maintenance and operation of electrical services, telephone services, cable communications systems or other utility, the Borough official charged with enforcement of this article may either abate the violation or condition immediately or order the owner, occupant or operator to correct the violation or condition within a period of time not to exceed three days. Upon failure to do so, the Borough official may abate the condition immediately and the Borough may seek reimbursement of all costs, fees, expenses, or other charges associated with the abatement in accordance with § 198-6 of this article.
[Amended 6-17-1986 by Ord. No. 86-5; 4-21-2009 by Ord. No. 2009-4; 9-7-2010 by Ord. No. 2010-13]
A.
Any owner or owners, occupant or occupants of any premises neglecting
to remove any brush, weeds, dead or dying trees, stumps, roots, obnoxious
growths, poisonous and noxious plants detrimental to health, filth,
garbage, trash and debris or any accumulation of dead weeds, grass
or brush from said lands and premises in the Borough within 10 days
after being notified to remove the same by or through the Borough
official charged with enforcement of this article shall, upon conviction
before the Judge of the Municipal Court, be subject to a fine not
less than $100 nor exceeding $2,000 or imprisonment for not more than
90 days, or both.
B.
Any owner or owners, occupant or occupants of any premises neglecting to remove any brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, poisonous and noxious plants detrimental to health, filth, garbage, trash and debris or any accumulation of dead weeds, grass or brush from said lands and premises in the Borough on a habitual or repeated basis as set forth in § 198-3B shall, upon conviction before the Judge of the Municipal Court, be subject to a fine not less than $100 nor exceeding $2,000 or imprisonment for not more than 90 days, or both, for each instance in which the Borough was caused to remove the same pursuant to § 198-6.
C.
For purposes of sentencing, each violation of this article shall
be treated as a separate offense.
[Amended 9-7-2010 by Ord.
No. 2010-13]
Upon the failure of any owner or owners, occupant or occupants
of any premises to remove any brush, weeds, dead or dying trees, stumps,
roots, obnoxious growths, poisonous or noxious plants, filth, garbage,
trash and debris in accordance with this article, the Borough official
charged with enforcement of this article may, in his or her sole discretion,
cause the same to be removed and the cost thereof shall be certified
to the governing body of the Borough, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against said 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 officer or officers and in the
same manner as taxes.
[Amended 9-7-2010 by Ord.
No. 2010-13]
The imposition and collection of the fine imposed by this article
shall not bar the right of the Borough to collect the cost of removal
in the manner as required in this article, and the remedy shall be
cumulative.
If a property owner agrees that brush, weeds, dead or dying
trees, stumps, roots, obnoxious growths, poisonous or noxious plants,
filth, garbage, trash and/or debris should be removed from his property
but cannot afford said removal, the owner(s) may apply to the Mayor
and Council for removal by the Borough of Penns Grove. If the application
is accepted by the Mayor and Council, the costs of removal shall be
determined and a mortgage and mortgage note shall be signed by the
owner(s) and the Mayor in the amount of the costs of removal, plus
costs to be determined for recording and preparation of documents.
The mortgage shall be recorded as a lien against the property and
shall be at an interest rate of 8%. Payment shall be due in full upon
the sale or other transfer of ownership of the property.
[Adopted 5-18-2010 by Ord. No. 2010-7 (Ch. 80 of the 1986 Code)]
The owner, tenant, occupant or person in charge of property
adjoining an alley designated for municipal use pursuant to this article
shall not allow, permit or maintain any brush, weeds, dead or dying
trees, stumps, roots, garbage, trash, or debris on or upon an alley
adjoining or traversing over the property of said owner, tenant, occupant
or person in charge.
In the event that an owner, tenant, occupant or other person in charge of property adjoining an alley fails to maintain said alley in accordance with the provisions of § 198-9 of this article, the Borough of Penns Grove or the Housing Officer shall provide written notice to said owner, tenant, occupant or person in charge of the property. Said notice shall inform the owner, tenant, occupant or person in charge of the property as to the violation of the provisions of this article and direct that said violation be corrected within 10 days of the date that said notice is served. The notice required pursuant to this section shall be served either personally or by certified mail, return receipt requested.
Any owner, tenant, occupant or other person in charge of property who fails or neglects to remove any brush, weeds, dead or dying trees, stumps, roots, garbage, trash, or debris on or upon an alley designated for municipal purposes pursuant to this article within 10 days after written notification to remove the same shall be subject to a penalty as provided in § 1-2 of this Code.
Upon the failure of any owner, tenant, occupant or other person
in charge of property to remove any brush, weeds, dead or dying trees,
stumps, roots, garbage, trash, or debris from an alley designated
for municipal use pursuant to this article, said items shall be removed
by the Borough of Penns Grove. The Penns Grove Housing Officer shall
certify the cost of removal to the Borough of Penns Grove Council.
Upon examination of said certificate, the Borough of Penns Grove Council,
if it finds the certificate to be correct, shall cause the cost as
shown thereon to be charged against said lands, and such additional
assessment shall be added to and become a part of the taxes next to
be assessed and levied upon said lands, the same to bear interest
at the same rate as taxes, and shall be collected and enforced by
the Borough of Penns Grove Tax Collector.
This article shall apply to any and all alleys located within
the Borough of Penns Grove and dedicated for municipal use.
