Borough of Dumont, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Dumont by Ord. No. 424 (Secs. 11-6 through 11-12 of the 1970 Revised Ordinances). Amendments noted where applicable.]
Property maintenance — See Ch. 306.
Streets and sidewalks — See Ch. 380.
Shade trees — See Ch. 344.
Board of Health nuisance regulations — See Ch. 520.
As used in this chapter, the following terms shall have the meanings indicated:
Refers to and includes brush, weeds, including ragweed, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris.
It shall be the duty of the Chief of the Fire Department or any officer or member thereof designated by him or such other officer designated by the Mayor and Council for such purpose, to inspect, within reasonable hours, as often as he may deem necessary or advisable, any lot, yard, lands or premises situated within the Borough for the purpose of ascertaining and determining whether the removal or destruction of brush, weeds or debris from such lot, yard, lands or premises is necessary or expedient for the preservation of the public health, safety or general welfare or to eliminate a fire hazard.
Whenever the Chief of the Fire Department or his designee or any other officer designated by the Mayor and Council to make an inspection under this chapter, shall find upon any such lot, yard, or premises, any brush, weeds and debris, constituting a fire hazard or otherwise being injurious to the preservation of the public health, safety or general welfare, he shall give, or cause to be given, written notice to the owner, tenant or occupant of said premises to remove therefrom or destroy such brush, weeds or debris in the manner therein set forth within 10 days after service of said notice.
Service of the notice referred to in § 139-3 shall be made upon the owner, tenant or occupant either personally or at his place of abode by leaving it with a member of his family over the age of 14; and if such service cannot readily be effected, then by posting said notice on the premises and mailing, by registered or certified mail, a copy of said notice to the owner at his last known post office address, if any.
Any owner, tenant or occupant, as the case may be, who fails or neglects to comply with the notice duly served as provided in §§ 139-3 and 139-4 hereof and within the time prescribed therein, shall be subject to the penalty prescribed in § 139-7 hereof.
Whenever, after due notice has been given as provided in §§ 139-3 and 139-4 hereof, the owner, tenant or occupant shall have refused or neglected to remove or destroy such brush, weeds and debris in the manner and within the time provided for in said notice, the Borough, under the direction of the Superintendent of Public Works or such other officer appointed by the Mayor and Council for that purpose, shall cause such brush, weeds and debris to be removed or destroyed in the manner provided in said notice.
The officer or person so removing the materials or matter from such lands shall certify the cost of such removal to the Mayor and Council by certificate in writing. If the Mayor and 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.
[Amended by Ord. No. 742]
Any person who violates the provisions of § 139-5 of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $2,000, or by imprisonment for a term not exceeding 90 days, or both.[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The imposition of the penalty provided for in Subsection A of this section shall not constitute a bar to, or be deemed in substitution of, the exercise of the right and power of the Borough provided for in § 139-6 hereof.