Editor's Note: The provisions of this article are derived from Section 4-4, Chapter 4 of the former Revised Ordinances, adopted 8-11-1975, as amended.
It shall be unlawful for any owner, tenant or person to gather, accumulate, keep or permit the gathering, accumulation or keeping of brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris, litter, refuse, rubbish or any of the articles on any land or in any place in the Township, in such a manner as to constitute a menace to public health, safety or general welfare or to create a fire hazard.
The owner, tenant or person having charge or control over the premises where any material has accumulated in violation of any provision of § 78-1 shall remove or cause the removal of the articles as provided in this article.
Enforcement. If any condition described in § 78-1 above is deemed to exist, it shall be the duty of the Chief of the Fire Department, appointed Fire Inspectors, the Health Officer and the Police Department of the Township, or any of them, to then give written notice to the owner of the premises or the tenant therein or the person having charge or control thereof, requiring the removal of the articles within 10 days after the service of the notice.
Notice. Any notice mentioned herein may be served in person or by mailing to the last known address of the respective owner or tenant or person in charge. When the owner or person in charge does not reside in the Township, and when service is by mailing, then a copy of the notice shall be posted on the same day as the mailing at the premises where the condition exists. Failure to rectify the condition of which notice is given within the period specified in the notice shall constitute a violation hereunder.
The officers shall make inspections from time to time to ascertain whether any conditions described in § 78-1 exist or, upon receipt of information that such a condition exists, shall make an investigation accordingly. The designation herein contained shall not limit the capability or authority of any person or officer authorized to enforce this article or any similar ordinance under any other ordinance or law.
[Amended 11-28-1984 by Ord. No. 38-1984]
If the owner, tenant or person in charge shall fail to remove the brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash, debris or other articles within the time required by the notice, then the Chief of the Fire Department and the Sanitary Inspector, or any officer stated hereinabove, may remove or cause or arrange for the removal of the articles. The officer causing the removal shall keep an accurate account of the costs thereof and shall certify the costs and expenses to the Township Committee, which shall examine the certification. However, in no event shall the cost be less than $75 per occasion of removal by the Township employees.
If the Township Committee shall find the same correct, the costs shall be charged against the lands upon which the articles were located and from which they were removed. A statement of the costs shall forthwith be furnished by the Township Clerk to the Collector of Taxes, and the costs shall forthwith become a lien upon the lands where the violation existed, and shall be added to, become and form a part of the taxes next to be assessed and levied upon the lands, to bear interest at the same rate as taxes, and the lien shall be collected and enforced in the same manner as taxes, pursuant to the statutes governing the subject matter.
[Added 7-9-2008 by Ord. No. 24-2008]
Any owner or tenant of land lying within the limits of the Township of Egg Harbor violating the terms of this article shall, upon conviction thereof, be subject to a minimum fine of $500 or a maximum fine of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any such penalty shall be in addition to the costs incurred in removal of said violations as described in the notice given by the Township of Egg Harbor. For purposes of this article, each day on which such a condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.