[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980
by Ord. No. 80-12 as Art. I of Ch. 137 of the 1979 Code]
[Amended 5-23-2000 by Ord. No. 00-19]
Whenever the presence upon any lands within the Township of brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
and debris is inimical to the public health, safety and general welfare or
likely to constitute a fire hazard, any owner or tenant of such lands shall
be required to remove therefrom any such brush, weeds, dead and dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris within
10 days after service of a written notice, given either by the Township Manager
or by his or her duly authorized agent, requiring such removal and setting
forth the reasons therefor. Service of the notice shall be made upon such
owner or tenant either personally or by registered or certified mail addressed
to him or her at his or her last known post office address. Service of the
notice by mail shall be deemed complete upon the mailing thereof.
In case the owner or tenant of any lands who is served with the notice described in § 100-1 fails, neglects or refuses to effect removal of the conditions and substances as therein demanded and within the ten-day period provided in § 100-1, then the Township Manager, his or her agent or deputy may, on behalf of the Township, remove or cause the removal of same.
The officer causing such removal shall certify the cost thereof to the
Township Council. Upon receipt of the certificate, the Township Council shall
examine the same and, if found correct, shall cause the cost as shown thereon
to be charged against said lands. If such cost is found to be excessive, the
Council shall cause the reasonable cost thereof to be charged against said
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. Such amount shall 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 who violates any provision of § 100-1 of this article shall, upon conviction thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal jail for a term not exceeding 90 days, or a period of community service not exceeding 90 days, or any combination thereof as determined by the Municipal Court Judge. Each day on which a violation of an ordinance exists shall be considered a separate and distinct violation and shall be subject to imposition of a separate penalty for each day of the violation as the Municipal Court Judge may determine.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
