[HISTORY: Adopted by the City Council of the City of Paterson: Art.
I, 12-18-1979 by Ord. No. 79-111 as Ch.
13, Art. 13, of the 1979 Revised General Ordinances of Paterson; Art. II, 12-18-1979
by Ord. No. 79-111 as Ch. 23, Art. 8, of the 1979 Revised
General Ordinances of Paterson. Amendments noted where applicable.]
[Adopted 12-18-1979 by Ord. No. 79-111
as Ch. 13, Art. 13, of the 1979 Revised General Ordinances of Paterson]
As used in this Article, the following terms shall have the meanings
indicated:
Refers to and includes brush, ragweed or weeds, dead or dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash or other debris.
Includes the Health Officer or his designee, the Director of the
Department of Public Works or his designee, the Fire Code Official or his
designee and the Director of the Division of Community Improvements or his
designee.
[Added 4-11-1989 by Ord. No. 89-016]
The presence upon any lot, yard, land or premises lying within the corporate
limits of the city of brush, weeds and debris, as defined by this Article,
is hereby declared and determined to be detrimental to public health, safety
and general welfare and likely to present a fire hazard.
[Amended 4-11-1989 by Ord. No. 89-016]
A.
Whenever a municipal officer shall find upon any such
lot, yard, land or premises any brush, weeds or debris to such an extent as,
in his opinion, is inimical to the public health, safety or general welfare
of the city or to such an extent as to constitute a fire hazard, he shall
give or cause to be given written notice to the owner, lessee, tenant or occupant
of said premises to remove therefrom such brush, weeds or debris.
B.
The notice specified in Subsection A of this section shall:
(1)
Require the removal of such brush, weeds and debris within ten (10) days after service of the notice as provided in § 149-4; and
(2)
Advise the person to whom the notice is directed that
failure to accomplish such removal within the time stated therein will result
in the removal thereof by or under the direction of the municipal officer
and such other penalties and consequences as are provided by this Article.
Service of any such notice as prescribed by § 149-3 shall be made upon the owner, lessee, tenant or occupant either personally or by posting said notice on said premises and mailing, by certified mail, a copy of said notice to the owner at his last known post office address, if any. Service of the notice by posting and mailing shall be deemed completed upon such posting and mailing.
Whenever, after due notice has been given as provided in §§ 149-3 and 149-4 hereof, the owner, lessee, tenant or occupant shall have refused or neglected to remove such brush, weeds or debris in the manner and within the time provided for in said notice, the municipal officer shall cause the same to be removed, and the cost of such removal shall be certified to the Council by such officer. If, upon examination of such officer's certificate, the Council shall find the same to be correct, such certified cost shall forthwith become a charge against said lands and constitute a lien upon said lands, which shall be added to and become and form a part of the taxes next to be assessed and levied upon said lands. The amount of such charge or lien shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes.
Any person who violates any provision of this Article shall, upon conviction
thereof, be punished by a fine not exceeding one thousand dollars ($1,000.),
by imprisonment for a term not exceeding ninety (90) days or by a period of
community service for not more than ninety (90) days, or any combination thereof.
A separate offense shall be deemed committed on each day during or on which
a violation occurs or continues.
[Adopted 12-18-1979 by Ord. No. 79-111
as Ch. 23, Art. 8, of the 1979 Revised General Ordinances of Paterson]
A.
The owner or tenant in possession of lands abutting or
bordering upon the sidewalks of public streets or public places in the city
shall remove all grass, weeds and impediments from the abutting sidewalks
within three (3) days after notice to remove the same given by the Streets
Division Superintendent.
B.
Service of such notice shall be made upon the owner or
tenant either personally or by registered or certified mail.
If the owner or tenant of any such premises shall neglect or refuse to remove the grass, weeds and impediments as required in § 149-8, it shall be the duty of the Streets Division Superintendent to have the grass, weeds and impediments removed forthwith. The Streets Division Superintendent shall thereupon certify the cost of removal to the Department of Finance which shall examine such certificate and, if found to be correct, shall cause such cost to be charged against the land abutting or bordering upon such sidewalks, and the amount so charged shall forthwith become a lien and tax upon such real estate and be added to and be part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as other taxes and shall be collected and enforced in the same manner as other taxes.
Unless another penalty is expressly provided herein, any person who
violates any provision of this Article shall, upon conviction thereof, be
punished by a fine not exceeding one thousand dollars ($1,000.), by imprisonment
for a term not exceeding ninety (90) days or by a period of community service
for not more than ninety (90) days, or any combination thereof. A separate
offense shall be deemed committed on each day during or on which a violation
occurs or continues.
