The owner or tenant of lands abutting or bordering
upon the public streets of the Borough shall remove or cause to be
removed from the abutting sidewalks and gutters of such streets all
grass, weeds, dirt, refuse and other impediments therefrom within
three days after service of written notice from the Enforcement Officer
requiring such removal.
Such notice may be served upon the owner or
tenant either personally or by registered or certified mail, return
receipt requested. If the notice is served by registered mail or certified
mail, the three-day period within which such removal shall be accomplished
shall be deemed to have commenced to run from the date of the return
receipt obtained from the postal authorities for the delivery of such
registered or certified notice.
Every such notice shall, in addition to requiring
the removal as aforesaid, warn the owner or tenant of the lands to
which it refers that failure to accomplish such removal will result
in the removal by or under the direction of the Enforcement Officer.
The notice shall also state that in the event of the removal by or
under the direction of the Enforcement Officer, the cost of such removal
shall forthwith become a lien upon the lands and shall be added to
and become a part of the taxes next to be assessed and levied upon
the same, to bear interest at the same rate and to be collected as
in the case of such taxes.
A.
In cases where the owner or tenant shall have neglected or refused to remove such grass, weeds, dirt, refuse or other impediments within three days after notice to remove the same as provided in § 373-10, the Enforcement Officer shall remove or cause to be removed under his direction the grass, weeds, dirt, refuse or other impediments.
B.
The Enforcement Officer shall certify to the Council
the cost of the removal. The Council shall examine such certificate
of cost and, if it finds the certificate to be correct, shall cause
such cost to be charged against the lands abutting or bordering as
aforesaid. In the event that such cost is excessive, the Council shall
cause the reasonable cost thereof to be charged against such lands.
The amount so charged shall thereupon become a lien and tax upon the
lands and be added to and be a part of the taxes next to be assessed
and levied thereon, and enforced and collected, with interest at the
same rate as other taxes, by the same officers and in the same manner
as other taxes.
The following Borough officials are hereby authorized
and directed to enforce this chapter:
A.
Fire Subcode Official.
B.
Construction Official.
C.
Zoning Enforcement Officer.
D.
All Borough police officers.
E.
The Shade
Tree Commission, pursuant to its authority as set forth in N.J.S.A.
40:64-5 (Powers of Commission) with respect to care and maintenance
of shade trees.
[Added 9-20-2011 by Ord. No. 1527]
[Added 2-13-2002 by Ord. No. 1216]
A.
Removal of snow, commercial properties. The owner
or owners, tenant or tenants of lands utilized for any commercial
purpose abutting sidewalks of the public streets of the Borough shall
remove all ice and snow from the portion of such sidewalks whereon
such lands abut or border within 12 daylight hours after the same
shall be formed or fall thereon. Daylight hours as utilized herein
shall include all hours between 6:00 a.m. and 5:00 p.m.
B.
Removal by Borough. In case such owner or owners,
tenant or tenants of lands utilized for any commercial purpose abutting
or bordering such sidewalks of the public streets of the Borough shall
fail to remove such snow, ice, grass, weeds or other impediments as
required by this section, it shall be the duty of the Director of
Public Works or other officer having charge of the street of the Borough
to remove the snow and ice.
C.
Lien for costs of removal. The costs and expense paid
and incurred by the Street Commissioners or other officers for the
removal of such snow or ice from any sidewalk shall be assessed by
the Borough Council and charged upon the books of the Borough against
the lands abutting upon or bordering the walks, which, with interest
thereon, shall forthwith become a lien on the lands and shall be added
to and form a part of the taxes next to be assessed and levied upon
such lands and shall be certified by the Borough Clerk to the Collector
of Taxes for the Borough and be collected in same manner as other
taxes.
D.
Violations and penalties. The owner or owners, tenant
or tenants of lands abutting or bordering upon any such sidewalk who
shall fail or neglect to remove all ice and snow from the portion
of such sidewalk whereon such lands abut or border, upon conviction
thereof, be subject to the penalty of $50 for the first offense, $100
for every offense thereafter.
[Added 11-10-2004 by Ord. No. 1302]
A.
Removal of snow, residential properties. The owner
or owners, tenant or tenants of lands utilized for any residential
purpose abutting sidewalks or other impervious walkways of the public
streets within the Borough as listed in Schedule of Roads of this
section shall remove all snow and ice from the portion of such sidewalks
or other impervious walkways whereon such lands abut or border within
24 hours after the same shall be formed or fall thereon or prior to
one hour before declared school opening, whichever is later.
B.
Removal by Borough. In case such owner or owners, tenant or tenants of lands utilized for any residential purpose abutting or bordering such sidewalks or other impervious walkways of the public streets of the Borough as listed in the Schedule of Roads of this section shall fail to remove such snow and ice within 48 hours following Subsection A it shall be the duty of the Director of Public Works or other officer having charge of the streets of the Borough to remove the snow and ice.
C.
Lien for costs of removal. The costs and expense paid and incurred
by the Borough for the removal of such snow and ice from such sidewalk
or other impervious walkway shall be assessed by the Borough Council
and charged upon the books of the Borough against the lands abutting
upon or bordering the walks, which, with interest thereon, shall forthwith
become a lien on the lands and shall be added to and form a part of
the taxes next to be assessed and levied upon such lands and shall
be certified by the Borough Clerk to the Collector of Taxes for the
Borough to be collected in the same manner as other taxes.
[Amended 7-21-2015 by Ord. No. 1635]
D.
Violations and penalties. The owner or owners, tenant or tenants of lands abutting or bordering on any such sidewalk who shall fail or neglect to remove, as required by Subsection A of this section, all ice and snow from the portion of such sidewalk or other impervious walkway whereon such lands abut or border, upon conviction thereof, shall be subject to the penalty of between $50 and $200 for the first offense and of between $50 and $400 for every additional offense within 90 days thereafter. Each day the condition exists is deemed a new violation.
E.
Schedule of roads:
[Amended 11-24-2015 by Ord. No. 1647]
|
Name of Road
|
Side
|
Abutting Residential Property Location
| |
|---|---|---|---|
|
Woodside Avenue
[Amended 3-15-2016 by Ord. No. 1663] |
West
|
Northwest corner Old Mill Road to the crosswalk opposite Woodside
Avenue School
| |
|
Pulis Avenue
|
East
|
Southeast corner Vichionti Way to northeast corner Franklin
Avenue
| |
|
Franklin Avenue
|
Both
|
Shirley Avenue to and including Block 1513, Lot 2, otherwise
known as Franklin Crossing Shopping Center
| |
|
Franklin Lake Road
|
North
|
Northeast corner High Mountain Road to northwest corner Huron
Road
| |
|
Franklin Lake Road
|
South
|
Southwest corner High Mountain Road to southeast corner Indian
Trail Drive
| |
|
High Mountain Road
|
West
|
Northwest corner Scioto Drive to southwest corner of Franklin
Lake Road
| |
|
High Mountain Road
|
West
|
Northwest corner Franklin Lake Road to southwest corner of Pueblo
Drive
| |
|
Old Mill Road
|
West
|
Northwest corner Franklin Avenue to Woodside Avenue
|
|
Note: Corner is deemed to include sidewalk curb cut.
|
[Added 2-4-2014 by Ord. No. 1581; amended 4-19-2016 by Ord. No. 1673]
The owner, owners or lessees of any real property in the Borough
abutting any fire hydrant shall maintain the area within a five-foot
radius of the perimeter of any such fire hydrant free of snow. The
removal of snow shall be completed within 24 hours of daylight after
the snow has formed or fallen on or around any hydrant.
