[HISTORY: Adopted by the Borough Council of the Borough of Florham
Park 12-16-1969 as Ch. 16 of the 1969 Code. Section 15-95
amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.
Other amendments noted where applicable.]
[Amended 8-18-1981 by Ord. No. 16-81]
The presence upon lands within the Borough or the placing thereupon
of brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash, hole or abandoned excavations, unused or abandoned machinery,
machine appliances, equipment or parts or other debris of any description
is hereby declared to be dangerous and detrimental to the public health, safety,
general welfare and real property values within the Borough and, therefore,
is prohibited.
[Amended 8-18-1981 by Ord. No. 16-81]
The owner or tenant of lands lying within the Borough and the person
or persons otherwise responsible are hereby required to remove or cause to
be removed from such lands any of the aforementioned prohibited items or conditions
within 10 days after receipt by such owner, tenant or person of written notice
from the Borough Business Administrator or his designated agent.
[Amended 8-18-1981 by Ord. No. 16-81]
A.Â
Notice to the owner or tenant to cause the removal of the substances heretofore referred to in §§ 159-1 and 159-2 shall be given by the Business Administrator or his designated agent and may be served upon such owner or tenant either by handing the notice to the owner or tenant or by leaving the notice at his usual place of abode with a person over 14 years of age or by sending the notice by certified mail, return receipt requested, to the address shown on the tax lists of the Borough to which tax bills are sent. If service is made by certified mail, the ten-day period within which removal shall be accomplished shall be deemed to have commenced to run from the date of the return receipt of such certified mail acquired by the postal authority for delivery of such notice.
B.Â
Every such notice shall, in addition to requiring the
removal as aforesaid, advise the owner or tenant of the lands to which such
notice refers that failure to accomplish such removal within the time indicated
therein will result in removal by or under the direction of the Business Administrator
or his designated agent; and the cost of such removal shall be charged to
the owner or tenant of such lands and shall be payable to the Borough within
30 days of certification of charges to the Borough Council. Unless such charges
are paid within 30 days of the certification, the charges shall forthwith
become a lien upon such lands and be collected as provided for by N.J.S.A.
40:48-2.14 and enforced by the same officers and in the same manner as taxes.
Whenever the owner or tenant of lands within the Borough, receiving
the heretofore provided for notice to remove from such lands the substances
heretofore indicated, shall fail or neglect, within the time prescribed in
the notice, to remove the substances, such removal shall be accomplished by
or under the direction of the Director of Public Works. An accurate record
of the cost of such removal to the Borough shall be determined by the Director
of Public Works, who shall certify the cost thereof to the Borough Council,
which shall examine the certificate and, if found correct, shall cause the
cost as shown thereon to be charged against the land. The amount so charged
shall forthwith become a lien upon such lands and shall be added to and become
and form part of the taxes next to be assessed and levied upon such lands,
the same to bear interest at the same rate as taxes, and shall be collected
and enforced by the same officers and in the same manner as taxes.
