[HISTORY: Adopted by the Borough Council of the Borough of Alpine
as § 6-3 (Ord. No. 210) of the 1970 Revised General Ordinances.
Amendments noted where applicable.]
It shall be the duty of any owner and/or tenant or person in possession
of any lands in the borough to keep such lands free of brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and
debris, where the same are inimical to the preservation of public health,
safety or general welfare of the borough, or which may constitute a fire hazard.
Whenever the Mayor and Council shall deem it necessary and expedient
for the preservation of the public health, safety, general welfare, or the
elimination of a fire hazard, or upon investigation of a complaint of any
resident, officer or employee of the Borough, they may order the owner, tenant
or person in possession of any lands on which any grass, weeds, trash, or
other debris are found to exist, to remove same within 10 days, or to cause
the removal thereof if the order is not complied with.
After an investigation of any complaint of any resident, officer or
employee of the borough, or upon his own motion, the Building Inspector shall
make a written report of the conditions complained of to the Council at its
next regular meeting. If the reported conditions are found to exist, the Council
shall then direct the Borough Clerk to notify the owner, tenant or person
in possession of the lands complained of, in writing, either personally or
by certified mail, to remove such brush, weeds, dead or dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash, or other debris, within 10
days after receipt of notice to do so. The Building Inspector shall reinspect
the lands in question after the ten-day period has expired and report, in
writing, to the Council at its next regular meeting whether or not the condition
complained of has been abated or remedied.
In the event the owner, tenant or person in possession of the lands
in question shall refuse or neglect to abate or remedy the condition complained
of within 10 days after receipt of notice, the Building Inspector shall cause
the condition complained of to be abated and remedied and shall certify the
cost thereof to the Council, who shall examine the certificate and, if found
correct, cause the cost as shown thereon to be charged against the 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, the same to bear interest at the same rate as taxes,
which shall be collected and enforced by the same officer and in the same
manner as taxes. Costs shall be in addition to any penalties imposed for any
violation of this chapter.
[Added 11-15-2004 by Ord. No. 644]
A.
Purpose. To establish a yard waste collection and disposal program
in the Borough of Alpine, so as to protect public health, safety, and welfare,
and to prescribe penalties for the failure to comply.
B.
CONTAINERIZED
PERSON
STREET
YARD WASTE
Definitions. For the purpose of this section, the following
terms, phrases, words and their derivations shall have the meanings stated
herein unless their use in the text of this chapter clearly demonstrates a
different meaning. When not inconsistent with the context, words used in
the present tense include the future, words used in the plural number include
the singular number, and words used in the singular number include the plural
number. The word “shall” is always mandatory and not merely directory.
Any placement of yard waste in a trash can, bucket, bag or other
vessel, such as to prevent the yard waste from spilling or blowing out into
the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm, association,
or political subdivision of this state subject to municipal jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive, or
other way which is an existing state, county, or municipal roadway, and includes
the land between the street lines, whether improved or unimproved, and may
comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and
other areas within the street lines.
Leaves and grass clippings.
C.
Yard waste collection.
(1)
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow, or otherwise place yard waste, except as provided in Subsection C(2), unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of the yard waste must remove said yard waste from the street or said party shall be deemed in violation of this section.
(2)
Sweeping, raking, blowing or otherwise placing yard waste that
is not containerized at the curb or along the street is only allowed during
the seven days prior to a scheduled and announced collection by the Borough
of Alpine and shall not be placed closer than 10 feet from any storm drain
inlet. Placement of such yard waste at the curb or along the street at any
other time or in any other manner is in violation of this section. If such
placement of yard waste occurs, the party responsible for placement of the
yard waste must remove the yard waste from the street or said party shall
be deemed in violation of this section.
D.
Enforcement. This section shall be enforced by the Property
Maintenance Official for the Borough of Alpine.
E.
Violations and penalties. Any person(s) who is found to be in
violation of the provisions of this section shall be subject to a fine not
exceeding the maximum penalty permitted under the Alpine Municipal Code.
