The growth, existence or presence of brush, weeds, plants or
debris injurious to the public health or presenting a fire hazard
on any plot of land, lot, street, highway, right-of-way or any other
public or private place is hereby determined to be a nuisance and
detrimental to public health, safety and welfare.
For the purposes of this chapter, the terms "brush, weeds, plants
and debris" shall include ragweed, poison ivy and other noxious weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, bamboo,
garbage and trash.
It shall be the duty of such owner, tenant or occupant of any
such plot of land, lot, street, highway, right-of-way or any other
public or private place in the Borough of Waldwick to remove, destroy
or cause to be removed and destroyed all such brush, weeds, plants
and debris injurious to the public health, within ten (10) days after
receiving notice to do so from either the Zoning Officer, Health Officer,
Fire Inspector or Building Inspector of the Borough of Waldwick. Notice
may be effected by personal service or by leaving a copy of the notice
at the owner, tenant, or occupant's address with a member of
the family above the age of fourteen (14) years; or by certified mail,
return receipt requested, directed, in case of any owner, to the address
of such owner as the same appears on the last tax duplicate of the
Borough of Waldwick and, in the case of a tenant or occupant, to the
address of the lands in question. If the certified mail is not claimed,
notice shall be sent by regular mail.
Should the owner, tenant or occupant upon whom such notice is
served fail, neglect or refuse to remove and destroy, or cause to
be removed or destroyed, such brush, weeds, plants or debris injurious
to the public health, safety and welfare, within ten (10) days after
the service of such notice, the Borough of Waldwick may cause such
brush, weeds, plants or debris to be removed or otherwise destroyed,
and the actual cost of such removal shall be certified by the Borough
Administrator to the Mayor and Council, who shall examine such certificate
and, if the same be found to be correct, shall cause the same to be
charged against the lands from which such brush, weeds, plants or
debris shall have been removed, and the amount so charged shall forthwith
become and be a lien on the property on which such brush, weeds, plants
or debris were located, and shall be added to and form a part of the
taxes next to be assessed on said lot or tract of land and shall be
collected and enforced by the same officers and in the same manner
as taxes.
Any owner, tenant or occupant who shall neglect to remove or
otherwise destroy such brush, weeds, plants or debris injurious to
the public health as directed by this chapter, or who shall fail,
neglect or refuse to comply with the provisions of any notice herein
provided for, or who shall resist or obstruct the Borough of Waldwick
or its servants, agents and/or employees in the removal or destruction
of the brush, weeds, plants or debris injurious to the public health,
upon conviction thereof, shall be subject to a fine not exceeding
five hundred dollars ($500) or be imprisoned for a term not exceeding
ninety (90) days, or both, for each and every offense, and each day
upon which a violation of this chapter continues shall constitute
a separate offense.
The imposition and collection of the fine imposed by this chapter
shall not constitute any bar to the right of the Borough of Waldwick
to collect the costs of removing or otherwise destroying such brush,
weeds, plants or debris injurious to the public health in the manner
herein authorized.
This ordinance shall take effect immediately upon final passage
and publication as required by law.