[G.O. No. 1534, § I]
Where it shall be necessary and expedient for the preservation
of the public health, safety, general welfare, or fire safety, as
certified to the Town Attorney by the appropriate Town officials or
officers after an inspection of the premises, the Town Attorney may
give notice, by certified and regular mail to the owner, as shown
in the Tax Collector's records of the Town, and/or the tenant
of lands lying within the limits of the Town of Westfield, requiring
such person, within 10 days, to remove from such premises and/or to
destroy, brush, weeds (including ragweed), dead and dying trees, stumps,
roots, obnoxious growths, filth, garbage, trash, and debris as permitted
by N.J.S.A. 40:48-2.13.
[G.O. No. 1534, § I]
Where the owner or tenant is a natural person but not legally
competent, notice shall be given to the executor, administrator, guardian,
or other legal representative of that person. Where the owner or tenant
is not a natural person, notice shall be given to any officer of the
corporation, or its registered agent, if such is the owner or tenant,
or in the case of partnership to any partner, if such is the owner
of tenant.
[G.O. No. 1534, § I]
Where the owner or tenant has not complied with such a request
within 10 days of receiving the notice, the Town Engineer or persons
under his direction may enter the premises, and may remove from such
premises and/or destroy any materials specified in the notice. The
Town Engineer shall decide whether the materials will be destroyed
and his decision shall be final.
[G.O. No. 1534, § I]
After the Town Engineer or persons under his direction have
removed and/or destroyed any materials pursuant to the foregoing provisions,
the Town Engineer shall prepare a certification for the Town Council.
Such certification shall state the nature and the approximate weight
of the materials removed and/or destroyed, shall state that notice
to remove and/or destroy the materials was given based on a certification
by the appropriate Town officials, but was not carried out by the
owner or tenant, and shall state the itemized costs of destruction
and/or removal. Such costs shall include labor cost and out-of-pocket
cost. Attached to such certification shall be a copy of the notice
to the owner or tenant, including the certification of the appropriate
Town official as to the public need to be served by such removal,
and a receipt or receipts for any out-of-pocket cost, if any.
[G.O. No. 1534, § I]
The Town Council shall examine such certification prepared by
the Town Engineer. If the Town Council finds the certification to
be correct, the Town Council may vote by resolution to cause the costs
as shown thereon to be charged against said lands as provided by N.J.S.A.
40:48-2.14. The amount so charged shall be forwarded to the Tax Collector
forthwith and 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 taxes,
and shall be collected and enforced by the same officers and in the
same manner as taxes.
