[R.O. 1966 C.S. § 13A:7-1]
The presence upon lands, lying within the corporate limits of
the City of brush, weeds, dead and dying trees, stumps, roots, obnoxious
growth, solid waste, refuse and debris be and is hereby declared to
be detrimental to public health, safety and the general welfare.
[R.O. 1966 C.S. § 13A:7-2; Ord.
6 S+FJ, 2-19-1986 § 1; Ord. 6 S+FV, 9-7-1988 § 1; Ord. 6 S+FE, 10-17-2007; Ord. 6PSF-E, 8-6-2014; Ord. 6PSF-F, 6-15-2016]
a. The owner or tenant of lands lying within the corporate limits of
the City is hereby required to remove or cause to be removed from
such lands any brush, weeds, dead and dying trees, stumps, roots,
obnoxious growth, solid waste, refuse and debris or any materials
deposited in violation of the Revised General Ordinances of the City
of Newark.
b. Any owner of vacant land on which material has been deposited in
violation of this section twice in any one year period shall be required
to construct a suitable barrier to prevent the recurrence of such
violations, or to be present or cause a responsible person to be present
within 100 feet of the land between the hours of 5:00 p.m. and 9:00
a.m. the following day.
c. The Directors of the Department of Public Works, Health and Community
Wellness or Engineering shall notify the owner or tenant, in writing,
of any violations of this section and require abatement within 10
days after receipt by such owner or tenant of written notice.
[R.O. 1966 C.S. § 13A:7-3; Ord. 5-5-1982 § 1]
a. Such notice may be served upon any such owner or tenant either personally
or by registered or certified mail, return receipt requested. If service
is by registered or certified mail, the ten-day period within which
such removal shall be accomplished shall be deemed to have commenced
to run from the date of the delivery of such registered or certified
mail as shown on the receipt obtained by the postal authority.
b. Every such notice shall, in addition to requiring the removal as
aforesaid, warn the owner or tenant of the lands to which such notice
refers that failure to accomplish such removal within the time stated
therein will result in removal by or under the direction of the City;
that the cost of such removal shall be charged to the owner or tenant
of such lands and shall be payable to the City within 30 days after
the date of submission of the charges; and that unless such charges
are paid within the thirty-day period, the costs aforesaid shall become
a lien upon the lands and be collected as provided by N.J.S. 40:48-2.14.
[R.O. 1966 C.S. § 13A:7-4]
Whenever the owner or tenant of lands within the City, receiving
the notice provided for by this chapter to remove from such lands
any of the substances hereinbefore mentioned, shall fail and neglect,
within the time prescribed in the notice, to effect removal of the
substances, such removal shall be accomplished by or under the direction
of the City. An accurate record of the cost of such removal by the
City shall be determined and certified and shall cause such cost as
shown thereon to be charged against the 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, 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 in the case of taxes.
[R.O. 1966 C.S. § 13A:7-5]
a. Any person who shall violate any provisions of this chapter or who
shall fail to comply with any notice given by the City as provided
in this chapter, shall, upon conviction thereof, be punished as provided
in Section 15:2- 2. Any such penalty shall be in addition to the costs
of removing the substances hereinbefore referred to from the lands
described in the notice given by the City.
b. Whenever vacant property has been cleaned by the City on two or more
occasions and the owner of the property makes no effort to prevent
further accumulation of refuse, the City may abate further accumulation
of refuse by erecting a fence around the property or by such other
steps as are deemed necessary by the City.
c. The costs of abatement shall be certified to the tax collector and
such costs shall thereupon become a lien upon the property to the
same extent as liens for unpaid municipal property taxes. In addition
thereto, the City may have an auction to recover such costs against
the owner of such lands in any court having jurisdiction thereof.