Town of Secaucus, NJ Article VIII Brush and Weeds

[Adopted 8-28-07 by Ord. No. 2007-32]

§ 104-26 Removal of brush, weeds and debris from yards and lots.

A. Definitions. As used in this Article, the following terms shall have the meanings indicated:

BRUSH, WEEDS AND DEBRIS

Refers to and includes brush, ragweed or weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris.

MUNICIPAL OFFICER

Includes the Health Officer or his designee, the Director of the Department of Public Works or his designee, the Fire Code Official or his designee and the Director of the Division of Community Improvements or his designee:

B. Notice to remove; contents of notice.

(1) Whenever a municipal officer shall find upon any such lot, yard, land or premises any brush, weeds or debris to such an extent as, in his opinion, is inimical to the public health, safety or general welfare of the Town or to such an extent as to constitute a fire hazard, he shall give or cause to be given written notice to the owner, lessee, tenant or occupant of said premises to remove therefrom such brush, weeds or debris.

(2) The notice specified in Subsection B(1) of this subsection shall:

(a) Require the removal of such brush, weeds and debris within 10 days after service of the notice; and

(b) Advise the person to whom the notice is directed that failure to accomplish such removal within the time stated therein will result in the removal thereof by or under the direction of the municipal officer and such other penalties and consequences as are provided by this Article.

C. Service of notice. Service of any such notice shall be made upon the owner, lessee, tenant or occupant either personally or by posting said notice on said premises and mailing, by certified mail, a copy of said notice to the owner at his last known post office address, if any. Service of the notice by posting and mailing shall be deemed completed upon such posting and mailing.

D. Failure to comply with notice. Any owner, lessee, tenant or occupant, as the case may be, who fails or neglects to comply with the notice described above and duly served as provided herein and within the time prescribed therein shall be subject to the penalty prescribed in this section.

E. Abatement by town; costs; lien. Whenever, after due notice has been given as herein, the owner, lessee, tenant or occupant shall have refused or neglected to remove such brush, weeds or debris in the manner and within the time provided for in said notice, the municipal officer shall cause the same to be removed, and the cost of such removal shall be certified to the Council by such officer. If, upon examination of such officer's certificate, the Council shall find the same to be correct, such certified costs shall forthwith become a charge against said lands and constitute a lien upon said lands, which shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands. The amount of such charge or lien shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 104-27 Removal of grass, weeds and impediments abutting sidewalks.

A. Duty to remove after notification; service of notice.

(1) The owner or tenant in possession of lands abutting or bordering upon the sidewalks of public streets or public places in the town shall remove all grass, weeds and impediments from the abutting sidewalks within three days after notice to remove the same given by the Streets Division Superintendent.

(2) Service of such notice shall be made upon the owner or tenant either personally or by registered or certified mail.

B. Failure to comply with notice. Any owner or tenant, as the case may be, who fails or neglects to comply with the notice duly served as provided in this section and within the time prescribed therein shall be subject to the penalty prescribed hereinafter.

C. Violations and penalties. Any person who violates any provision of this Article shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for not more than 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.