[Amended 10-10-2017 by Ord. No. 2017-35C]
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
growth, filth, garbage, trash, debris or any of said articles on any
land or in any place in the Borough of Beach Haven, in the County
of Ocean, in such manner as to constitute a menace to public health,
safety or general welfare, or to create a fire hazard. The Borough
recognizes the value of chemical-free and natural landscaping as serving
an important ecological role, including, but not limited to, providing
a food source for pollinators and declining species, providing wildlife
habitat, and erosion control. Nothing in this article shall be construed
to prohibit the use of naturalized and native grasses, herbs, flowers
and shrubs as a component or the central theme of natural landscaping.
[Amended 8-13-2012 by Ord. No. 2012-12C; 4-10-2017 by Ord. No. 2017-9C]
A. Whenever
brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
grass in excess of six inches, filth, garbage, trash, debris or any
of said articles shall be gathered or shall accumulate or are permitted
to be gathered or accumulated on any land or at any place within the
limits of the Borough of Beach Haven, in the County of Ocean, in such
a manner as to constitute a fire hazard or a menace to public health,
safety or general welfare, and when it shall be necessary and expedient
for the preservation of the public health, safety, general welfare
or to eliminate a fire hazard, to remove such articles, then the owner,
tenant or person having charge or control over the premises where
any such material has accumulated shall remove or cause the removal
of said articles as provided for in this article.
B. The owner
of any lands within the Borough shall not permit, and where it shall
be necessary and expedient for the preservation of the public health,
safety, general welfare or elimination of fire hazards, shall remove
brush, weeds, dead and dying trees, stumps, roots, overhanging limbs,
obnoxious growths, filth, garbage, trash and debris from all areas
between the curb and street (known as a "utility strip"). Shrubs,
trees and other landscaping within the utility strip shall be maintained
to scale as to not protrude into or otherwise interfere with the right-of-way
provided by the sidewalk or roadway, nor shall such landscaping cause
buckling or other damage to curbs, sidewalks or the roadway.
C. Curbs,
driveway aprons and streets must be visible and maintained free from
any brush, weeds, dead and dying trees, stumps, roots, obnoxious growths,
grass in excess of six inches, filth, garbage, trash, debris.
[Amended 9-13-2010 by Ord. No. 2010-20]
The Building Inspector and the Health Officer
shall make inspections from time to time to ascertain whether or not
violations exist, or upon receipt of information that a violation
exists, shall make an investigation accordingly. If a violation is
deemed to exist, the Health Officer or the Building Inspector shall
present a report thereof in writing to the Borough Manager, setting
forth the location of the premises where the violation is alleged
to exist, the nature of the complaint, the kinds of articles assembled,
and any other particulars applicable to the subject matter, and specifying
whether there is a fire hazard or danger to public health, safety
or general welfare. The Borough Manager shall thereupon give written
notice of said complaint to the owner of said premises or to the tenant
therein or the person having charge or control thereof, and shall
specify a time and place when said owner, tenant or person in charge
may have an opportunity to be beard with respect to the said complaint,
said notice to be given at least two days before the time set for
hearing. If at said hearing the Borough Manager shall determine that
the complaint is well founded and that there is such a gathering or
accumulation or any of the articles above mentioned to constitute
a danger to public health, safety or general welfare, or to create
a fire hazard, and that it is necessary and expedient for the preservation
of the public health, safety, general welfare or to eliminate a fire
hazard, to remove said articles, the Borough Manager shall then give
written notice to the owner of said premises or the tenant therein
or the person having charge or control thereof, requiring the removal
of said articles within 10 days after the service of the notice. Any
notice mentioned herein may be served in person or by mailing to the
last known address of the respective owner, tenant or person in charge.
When said owner or person in charge does not reside in the Borough
of Beach Haven, in the County of Ocean, and when service is by mailing,
then a copy of said notice shall be posted on the same day as the
mailing at the premises where the violation exists.
[Amended 9-13-2010 by Ord. No. 2010-20]
If the owner, tenant or person in charge shall
fail to remove said brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash, debris or other articles
within the time required by said notice, then said removal shall be
accomplished by Borough employees under the direction of the Superintendent
of Roads, who shall keep an accurate account of the cost of any such
removal and shall certify such cost and expense to the Borough Council,
which shall examine the certification, and if the Borough Council
shall find the same correct, the said cost shall be charged against
the lands upon which said articles were located and from which they
were removed. A statement of such costs shall forthwith be furnished
by the Clerk of the Borough to the Assessor of Taxes, and said cost
shall forthwith become a lien upon said lands where the violation
existed, and shall be added to, become and form part of the taxes
next to be assessed and levied upon said lands, to bear interest at
the same rate as taxes, and said lien shall be collected and enforced
by the same officers and in the same manner as taxes, pursuant to
the statutes governing the subject matter.
The word "person" for the purpose of this article
shall mean any individual, firm, corporation, partnership or group
of persons, and the plural or singular, and the masculine, feminine
or neuter, shall be inferred, whichever is appropriate for the effectuation
of this article.