Borough of Bradley Beach, NJ
Monmouth County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners (now Mayor and Council) of the Borough of Bradley Beach 5-25-1963 (Sec. 4-7 of the 1974 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Fences and hedges — See Ch. 201.
Removal of grass, weeds and other debris — See Ch. 210, Art. I.
Littering; solid waste collection — See Ch. 286.
Public nuisances — See Ch. 314.
Height of brush and hedges — See Ch. 398, Art. I.
It shall be unlawful for any owner, tenant or person in possession of any lands or property in the Borough to permit such lands or property to be overgrown with grass or to be wholly or partially covered with or to contain any brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris; and also any refuse and debris resulting from any construction activities of any kind or from the demolishing of a building or any part thereof or by reason of any deterioration of any building or structure which have remained on the land or property for a period of more than 10 days, where the same is inimical to the preservation of the public health, safety or general welfare of the people of the Borough or which may constitute a fire hazard.
[Added 6-9-2009 by Ord. No. 2009-8]
It shall be unlawful for any owner, tenant or person in possession of any lands in the Borough to permit upholstered furniture to be placed in the yard, unenclosed porch or other unenclosed exterior areas of the property for more than 24 continuous hours. "Upholstered furniture" is defined as furniture intended to be used for indoor use with more than 50% of the surface area covered by upholstered fabric.
[Amended 2-8-2005 by Ord. No. 2005-2]
Upon complaint of any resident of the Borough or any officer or employee of the Borough, or upon his own motion, the Code Enforcement Officer or his designated agent shall make investigation of the condition complained of and notify the owner or tenant or persons in possession of such lands complained of, in writing, either personally or by certified mail, to remove the overgrown grass, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, or any of the foregoing; and also any refuse and debris resulting from any construction activities of any kind or from the demolishing of a building or any part thereof or by reason of any deterioration of any building or structure which have remained on the land for a period of more than 10 days, as the case may be, within seven days after receipt of such notice or after date of mailing of the notice. The Code Enforcement Officer shall reinspect the lands after the seven-day period shall have expired.
[Amended 2-8-2005 by Ord. No. 2005-2]
In the event the owner, tenant or person in possession shall refuse or neglect to abate or remedy the condition complained of, after the seven-day notice, the Code Enforcement Officer shall cause the condition complained of to be abated and remedied and shall, thereafter, certify the cost to the Borough Council of the Borough, who shall examine the certificate, and if found correct, shall cause the 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 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 shall be collected and enforced by the same officers and in the same manner as taxes.
A. 
Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to the maximum penalty as provided in Chapter 1, Article II, General Penalty, of the Borough Code and a minimum fine of $100 for each offense and for each and every day such person fails to comply with the notice as provided for herein beyond the date fixed for such compliance.
[Amended 2-8-2005 by Ord. No. 2005-2]
B. 
This section shall be in addition to the remedy provided for in § 239-3 and in addition to such other remedies as are provided for by N.J.S.A. 40:48-2.13 et seq., or amendments thereto.[1]
[1]
Editor's Note: See also Ch. 398, Streets and Sidewalks, Art. I, Height of Brush and Hedges.