[HISTORY: Adopted by the Mayor and Common Council of the
City of Gloucester City 3-2-1961. Amendments noted where applicable.]
[Amended 9-6-1990 by Ord.
No. 26-1990; 12-7-2000 by Ord. No. 29-2000]
A.
Whenever it shall appear, to the Code Enforcement Officer or his designee, necessary and expedient for the preservation of the public health, safety, general welfare or the elimination of a fire hazard to remove from lands lying within the limits of Gloucester City high grass, brush, weeds, dead and dying trees, stumps, roots, vegetation in sidewalks, curbs and gutters, obnoxious growths, filth, garbage, trash and debris, the Code Enforcement Officer or his designee shall determine the matter to be a minor violation and is hereby required to issue a citation against the owner and/or tenant of the property in question. Persons cited with a minor violation may plead guilty to the violation without appearing before the Municipal Judge and, upon such pleading, shall be required to pay a municipal penalty of $30, in addition to the State of New Jersey A.T.S. Surcharge, for each offense. Such citation shall also have attached to it a written notice that the nuisance shall be abated within five days, date certain, and failure to abate the nuisance within the prescribed time (regardless of previously paying the $30 penalty) shall cause the minor violation to become a major violation, and that the major violation nuisance shall be removed by the city as enumerated in § 25-2, and a lien shall be placed upon the property as enumerated in § 25-3. The owner and/or tenant shall also be advised that failure to comply with the provisions of this ordinance may result in the levying of a fine not to exceed $2,000 or 90 days of imprisonment, or both, upon conviction.
[Amended 6-17-2021 by Ord. No. O09-2021]
B.
For purposes of this section, grass, weeds or brush growing above
the height of 10 inches from ground level shall be considered a nuisance.
C.
Owners and/or tenants of abutting property shall be responsible for
the maintenance and upkeep of the area between the property and the
cartway of the street to which the property is abutting as well as
areas adjacent to the property known as fire alleys.
[Amended 12-7-2000 by Ord. No. 29-2000]
In the event that the owner and/or tenant of any such lands
shall refuse or neglect to remove the said high grass, brush, weeds,
dead or dying trees, stumps, roots, vegetation in sidewalks, curbs
or gutters, obnoxious growths, filth, garbage, trash and debris within
the five days of the minor violation citation and written notice,
the minor violation shall become a major violation, and it shall be
the duty of the Code Enforcement Officer or his designee to cause
the violation to be removed.
[Amended 12-7-2000 by Ord. No. 29-2000]
The cost of such removal shall be certified by the Code Enforcement
Officer or his designee to the governing body, which shall examine
the certificate and, if found correct, shall cause the cost as shown
thereon to be charged against said lands, and the amount so charged
shall forthwith become a lien upon such lands and shall be added to
and become and form 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 to be collected and enforced by the Tax Collector in the same
manner as taxes.
A.
If the resident/owner of the property does not adhere to the designated
time frame, the City shall be authorized to complete the necessary
work to maintain the property according to zoning and housing laws.
That work will be charged to the owner as a municipal charge at a
rate of $200 per man hour. Any open charges at the end of the calendar
year are subject to tax sale and will be processed according to the
New Jersey Statutes governing tax sales.
[Added 6-17-2010 by Ord.
No. O12-2010]
[Added 12-7-2000 by Ord.
No. 29-2000]
The notices as required by this ordinance shall be deemed properly
served as follows: A citation and notice shall be served personally
upon the owner as occupant, the tenant or the owner or agent if not
an occupant, if possible; however, if personal service is not possible,
service by certified mail, return receipt, to the address of the owner
of record as contained in the tax records of the City of Gloucester
City shall be sufficient. Notices sent to the owner of record as per
the tax records of Gloucester City and returned us undeliverable shall
be considered properly served.
Any owner and/or tenant of property who shall, after being given the citation and written notice in compliance with § 25-1 of this ordinance, refuse or neglect to comply therewith, thus sustaining a major violation, shall also, upon conviction thereof in the Municipal Court of Gloucester City, forfeit and pay a fine of not less than $100 and not more than $2,000 or be imprisoned for a term not to exceed 90 days, or both, for each offense.
[Added 12-7-2000 by Ord.
No. 29-2000]
Any owner and/or tenant, after pleading guilty of a violation
of this chapter or being found guilty of a violation of this chapter,
and who, within two years of said guilty plea or finding, shall be
found by the Code Enforcement Officer or his designee to be again
in violation of this chapter, shall be considered a subsequent offender.
Penalties for major violations for subsequent offenders within two
years of a previous offense shall be not less than $250 for a second
offense, not less than $500 for a third offense and $750 for a fourth
offense.
Should any section, paragraph, sentence, clause or phrase of
this ordinance be held unconstitutional, illegal or invalid for any
reason, the remainder of this ordinance shall not be affected thereby
and shall remain in full force and effect.
This ordinance shall take effect immediately after final passage
and publication as required by law.
