Borough of Merchantville, NJ
Camden County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Merchantville Borough Council 8-9-1999 by Ord. No. 99-05. (This ordinance repeals former Chapter 14, Brush, Grass and Weeds, adopted 8-11-1975 by Ord. No. 503.) Amendments noted where applicable.]
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, within 10 days after receipt of notice to remove or destroy the same.
B. 
No person shall cause any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, to be removed from the property of said owner upon any city or county right of way or easement or upon neighboring property. 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.
The Director of the Department of Public Works, or his designee, shall serve written notice upon any such person described in Section 14-1, describing the condition of the premises and demanding that the condition be abated within 10 days of receipt of said notice, or an appropriate Complaint shall be filed in violation of this chapter, subjecting said person, upon conviction, to a fine not to exceed $500.00.
In the event that personal service cannot be made because the owner or agent is not a resident of the Borough of Merchantville, or in the event that service by Certified Mail is unaccepted, then the Director of the Department of Public Works or his designee shall post said notice in a conspicuous place on the premises.
Where the owner, tenant or other person set forth in Section 14-1 above, shall have refused and neglected to remove or destroy any such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris within 10 days after receipt of notice to remove or destroy the same, or upon the expiration of ten days following posting of notice as provided in Section 14-3 above, the Director of the Department of Public Works, or his designee, shall cause same to be removed, at the expense of the owner, tenant, occupant, managing agent, executor, administrator, or other similar person, as the case may be.
In all cases where such conditions are abated by the Director of the Department of Public Works, this Director or his designee shall certify the cost thereof to the Council of the Borough of Merchantville, 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 Merchantville Tax Collector.
A. 
Any owner, tenant, occupant, managing agent, executor, administrator or other similar person who shall have refused or neglected to remove or destroy any such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, after service of the 10 day notice as herein provided, or any person who violates any provision of this chapter, shall be subject to a fine not to exceed $500.00, upon conviction in the Borough of Merchantville Municipal Court.
B. 
The imposition and collection of a fine imposed hereunder, shall not bar the right of the Borough of Merchantville to collect the cost of removal in the manner as permitted herein, or by summary action, in a court of law, and the remedy herein provided shall be cumulative.