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, brush and other impediments therefrom within three days
after service of written notice from the Administrative Assistant,
Building and Properties, or, in his absence, the Building Inspector
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 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 Department of Public
Works or such other officer as the Council shall designate. The notice
shall also state that in the event of the removal by or under the
direction of the designated officer, the cost of such removal shall
forthwith become a lien upon said 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.Â
In cases where the owner or tenant shall have neglected or refused to remove such grass, weeds, brush or other impediments within three days after notice to remove the same as provided in § 383-28, the designated officer shall remove or cause to be removed under his direction said grass, weeds, brush or other impediments.
B.Â
The designated officer shall certify to the Mayor
and Council the cost of said removal. The Mayor and Council shall
examine such certificate of cost and, if it finds said 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 Mayor and 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 said 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.[1]
[1]
Editor's Note: Original Sec. 22-35, entitled
"Penalty," which immediately followed this section, was deleted 11-24-1992
by Ord. No. 92-23.
