[HISTORY: Adopted by the Mayor and Council of the Borough
of Somerville 6-6-45 as Ord. No. 363. Section 171-5 amended at time of adoption of Code; see Ch. 1, General
Provisions, Art. I. Other amendments noted where applicable.]
Whenever the Council of the Borough of Somerville, in the County
of Somerset, shall determine that it is necessary and expedient for
the preservation of the public health, safety, general welfare or
to eliminate a fire hazard, to require the removal from any lands
within the limits of said borough of brush, weeds, dead and dying
trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris, the owner or tenant of such lands shall, within ten (10) days
after notice from the Council so to do, remove from such lands all
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris thereon.
In all cases where the owner or tenant of lands within the limits
of the borough to whom notice shall have been given as herein provided
shall refuse or neglect to remove from such lands within the time
herein provided all brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris, the Superintendent
of Public Works of the borough shall cause the same to be removed
under his direction and supervision, and he shall certify the cost
thereof to the Council 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. 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 taxes, and shall be
collected and enforced by the same officers and in the same manner
as taxes.
A.Â
The notice required to be given to the owner or tenant of any lands
within the limits of the borough pursuant to the provisions of this
chapter shall be given in writing and, in addition to requiring the
removal from the lands therein specified, within ten (10) days, of
all brush, weeds, dead or dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris, shall warn the owner or tenant of
such lands that in the event of failure to comply with notice such
removal will be made under the direction and supervision of the Superintendent
of Public Works of the borough and that the cost thereof will become
a lien upon such lands and be added to and become a part of the taxes
next to be assessed and levied upon the same and bear interest at
the same rate and be collected in the same manner as taxes.
B.Â
The said notice shall also contain a further warning that in the
event of the failure of any person to whom the notice is given to
comply therewith, he may be charged with violating the provisions
of this chapter and, if convicted thereof, may, in addition to having
the cost of removal become a lien upon the lands as aforesaid, suffer
the penalties herein provided for the violation of this chapter.
The notice required to be given pursuant to the provisions of
this chapter may be served upon the owner or owners, tenant or tenants
in person or by leaving it at their usual place of residence with
a member of their family above the age of fourteen (14) years, but
if any such owner or tenant shall not reside in the Borough of Somerville,
such notice may be served upon him by mailing the same to his last
known post office address with postage thereon prepaid.
Any person who shall violate the provisions of this chapter
by failing to comply with any notice given pursuant to the provisions
hereof shall, upon conviction thereof, be liable to a fine of not
more than five hundred dollars ($500) or to imprisonment in the county
jail for a term not exceeding ninety (90) days, or both. The Judge
before whom any person is convicted of violating any provision of
this chapter may, in his discretion, impose any fine or term of imprisonment
not exceeding the maximum herein fixed.
