[HISTORY: Adopted by the Mayor and Council of the Borough of East
Rutherford 1-1-1982 as Sec. 3-15 of the 1982 Recodification. Amendments noted
where applicable.]
As used in this chapter, the following terms shall have the following
meanings:
Any waste resulting from the handling, preparation, cooking and consumption
of food, sale or storage of produce, combustible trash, including but not
limited to paper, cartons, boxes, barrels, wood, excelsior, tree branches,
yard trimmings, furniture, bedding and noncombustible trash, including but
not limited to street sweepings or any other similar waste.
Plants such as jimson, burdock, rock weed, thistle, cocklebur or
any grass or grass-like plant which has grown to a height in excess of 12
inches.
It shall be unlawful for any owner or occupant of any premises in the
municipality to have or to maintain on said premises any brush, weeds, dead
and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris, and the same is hereby declared a nuisance.
Where it shall be necessary and expedient for the preservation of the
public health, safety or general welfare or to eliminate a fire hazard to
remove from such lands brush, weeds, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash and debris, the Mayor or Mayor and
Council may serve upon said owner or occupant, personally or by certified
mail, return receipt requested, at his last known address a notice directing
him to remove or destroy the same within 10 days of the service of said notice,
or that the municipality shall remove the same by or under the direction of
the Mayor or such other officer as shall be designated in the event that the
owner or occupant shall refuse or neglect to remove the same in the manner
and within the time provided; and further notifying said owner or occupant
that the cost of removal of the same shall become a lien upon such lands and
shall be added to and become and form a part of the taxes to be assessed and
levied upon such lands, the same to bear interest at the same rate as taxes
and to be collectible and enforced by the same officer and in the same manner
as taxes.
If the person so served does not abate the above nuisance or condition
within 10 days, or such other time as shall be provided in the aforementioned
notice, the Mayor and Council may take such steps as may be necessary to proceed
for the abatement of the same and may designate the officer by or under whose
direction the same shall be removed; such officer shall certify the cost thereof
to the governing body, who shall examine the certificate, and if found correct
shall cause the cost as shown thereon to be charged against said lands, 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.
A.
The Mayor and Council of the borough may in all instances
where, in its judgment, it shall be necessary and expedient for the preservation
of the public safety give 10 days' written notice to the owner or tenant of
any land lying within the borough to cut all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the intersection
of two roadways to a height not more than 2 1/2 feet.
B.
Where it shall be necessary and expedient to so reduce
the height of any brush, the Mayor and Council may serve upon said owner or
occupant, personally or by certified mail, return receipt requested, at his
last known address a notice directing him to so reduce the height of any brush
within 10 days of the service of said notice, or that the municipality shall
remove the same by or under the direction of the Mayor or such officer as
shall be designated in the event the owner or occupant shall refuse and neglect
to remove the same in the manner and within the time provided; and further
notifying said owner or occupant that the cost of the removal of the same
shall become a lien upon such land and shall be added to and become and form
a part of the taxes and be collectible and enforced by the same officer and
in the same manner as taxes.
C.
Abatement. If the person so served does not comply with
the notice within 10 days, or such other time as shall be provided in the
aforementioned notice, the Mayor and Council may take such steps as may be
necessary to proceed with abatement of the same and may designate the officer
by or under whose direction the same shall be removed. Such officer shall
certify the cost up to the governing body, who shall examine the certificate
and if found correct shall cause the cost as shown thereon to be charged against
said 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 land, 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.
