Borough of Prospect Park, NJ Brush, Weeds and Noxious Growths

It shall be unlawful for any person named in § 120-2 as lessee, agent, representative or employee or occupant having control of any property within the Borough of Prospect Park to permit or maintain any such property, including the lands and property along sidewalks, streets or alleys up to the curbline of the adjacent street, to allow any growth of weeds, grass, ragweed and noxious growth to exceed an average of six inches. Further, it is unlawful to allow any accumulation of dead grass, weeds, brush, dead or dying trees, stumps, roots, trash, debris or any other vegetation producing an unpleasant or noxious odor or allow concealment of any filthy deposits on the property. Further, it shall be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants detrimental to the health, welfare and safety of the residents of the Borough of Prospect Park to be permitted on the property. Further, it shall be unlawful to create any fire hazard on said property by allowing any of the aforesaid items to accumulate on the property.

§ 120-5 Need to maintain property.

Any person, defined in this chapter, owning property within the limits of the Borough of Prospect Park shall at all times keep his lands free of brush, weeds, ragweed, dead and dying trees, stumps, roots, noxious growths, filth, garbage, trash and other debris.

§ 120-6 Authority to order removal.

The Code Enforcement Officer, the Prospect Park Police Department, the Prospect Park Police Auxiliary Department, the Board of Health or its designee or any other duly authorized representative is hereby authorized to order the removal or destruction of brush, weeds, ragweed, dead or dying trees, stumps, roots, poison ivy, or other poisonous plants, noxious growth, filth, garbage, trash or debris whenever it shall be determined that it is necessary and expedient for the preservation of the public health, safety and general welfare or to eliminate a fire hazard.

§ 120-7 Time to remove.

[Amended 2-28-2011 by Ord. No. 2011-1]

Any person, as defined in this chapter, who violates the same shall be given notice and shall, within three days from receipt of written notice, remove or destroy the brush, weeds, poison ivy, ragweed or other poisonous plants, noxious growth, filth, garbage, trash and debris, and, within 10 days from receipt of written notice, remove dead or dying trees, stumps, roots, or face the penalties outlined in §§ 120-8 and 120-9.

§ 120-8 Cost of removal; lien.

In all cases where brush, weeds, including poison ivy, ragweed or other poisonous plants, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris are destroyed or removed from any dwelling, lands or property under the within chapter, by or under the direction of an officer or Code Enforcement Officer of the municipality, such officer or Code Enforcement Officer shall certify the cost thereof 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 dwelling, lands or property; the amount so charged shall forthwith become a lien upon such dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling or 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.

§ 120-9 Violations and penalties.

In addition to being responsible for the cost of removal, any person violating the provisions of this chapter shall, upon conviction, be subject to a fine of not less than $100 nor more than $500. Each day that a violation is permitted to exist shall constitute a separate and additional violation.