[HISTORY: Adopted by the Mayor and Council
of the Township of Florence as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-21-1983 by Ord. No. 1983-12 as Ch. 56 of the 1983 Code]
Any lands lying within the Township of Florence,
County of Burlington and State of New Jersey, containing brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris which is or may become a hazard to life, health or
general welfare or might tend to extend a conflagration in the Township
of Florence aforesaid shall, as prescribed below, be removed by the
owner, tenant or agent of said premises immediately.
[Amended 11-3-1993 by Ord. No. 1993-34; 2-1-2012 by Ord.; 9-5-2018 by Ord. No.
2018-20]
A.Â
If, after inspection by the Chief of Police/Director of Public Safety,
the Code Enforcement Officer, the Construction Code Official or the
Health Officer of the Township of Florence or their designees, it
is determined that any such condition of land is hazardous to life,
health or general welfare or may tend to extend a conflagration, the
owner, tenant or agent thereof shall, within 10 days after being notified
by the Chief of Police/Director of Public Safety, Code Enforcement
Officer, Construction Code Official or Health Officer or their designees
who made the inspection, remove such brush, weeds, dead or dying trees,
stumps, roots, obnoxious growths, filth, garbage, trash and debris
or similar substance.
B.Â
Notwithstanding the foregoing, if it shall appear to the Chief of
Police/Director of Public Safety, the Code Enforcement Officer, the
Construction Code Official or the Health Officer of the Township of
Florence or their designees, that a second or subsequent violation
of this article has occurred within a six-month period as to the same
property, the notice requirements of this article shall not be applicable
unless during the six-month period either the legal title to or possession
of the property shall have changed. In such instance involving an
alleged second or subsequent violation of this article, the Chief
of Police/Director of Public Safety, Code Enforcement Officer, the
Construction Code Official or the Health Officer of the Township of
Florence or their designees, may issue a notice demanding immediate
abatement of the condition and/or issue a summons for the violation
of this article without any further notice.
[Amended 11-3-1993 by Ord. No. 1993-34; 2-1-2012 by Ord.]
In the event that any owner, tenant or agent
shall refuse to comply with said notice from said Chief of Police/Director
of Public Safety, Construction Code Official or Health Officer of
the Township of Florence or their designees within 10 days from the
date of the notice, the condition which is the subject of the notice
shall be removed and/or corrected by the Township, its employees,
agents or assigns. The Township Administrator shall certify the dollar
amount of any such work performed by the Township, its employees,
agents or assigns to the Mayor and Council of the Township of Florence,
which shall direct the Clerk to notify the property owner or his agent
or tenant of the cost incurred by the Township. The Township Administrator
shall cause the amount incurred by the Township to be charged against
said land, and the amount so charged shall forthwith become a lien
upon such lands and shall be added to and become a part of the taxes
next to be assessed and levied against such lands, the same to bear
interest at the same rate as delinquent taxes and to be collected
and enforced by the same officers and in the same manner as the collection
of taxes.
[Amended 11-3-1993 by Ord. No. 1993-34; 2-1-2012 by Ord.]
Any owner, tenant or agent who violates the
provisions of this article by failing to comply with the notice from
the Chief of Police/Director of Public Safety, Construction Code Official
or Health Officer of the Township of Florence or their designees may
be fined in an amount not to exceed $1,000 or may be imprisoned for
a term not to exceed 90 days, or both such fine and imprisonment.
[Adopted 9-1-2021 by Ord. No. 2021-20]
The purpose of this article is to preserve and protect private
and public property from the damaging spread of bamboo and other invasive
plants and to protect indigenous plants and the wildlife they support
from the spread of invasive plants from any neighboring property line.
No owner, tenant or occupant of a property, or person, corporation
or other entity, shall plant, install or cause or permit the planting
or installation of invasive bamboo, specifically the species commonly
known as "running bamboo," upon any property located within the Township.
For the purposes of this section, "bamboo" means any bamboo in the
genus Phyllostachys, including Phyllostachys aureosulcata.
In the event that bamboo is located upon any property within
the Township, prior to the effective date of this prohibition, the
owner and/or occupant of said property shall jointly and severally
be required to confine such species to prevent the encroachment, spread,
invasion or intrusion of same onto any other property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property and all affected
properties. The failure to properly confine such spread of bamboo
shall require removal as set forth below. The cost of said removal
shall be at the property owner's expense.
A.Â
In the event a complaint is received by the Township regarding an
encroachment of bamboo, and the Housing and Code Enforcement Officer,
or his or her designee ("officer"), after observation and/or inspection,
determines that there is an encroachment on any adjoining/neighboring
property ("affected property"), the officer shall serve written notice
on the property owner, by hand delivery, posting violation notice
on the property, or by certified and/or regular mail, that the bamboo
has invaded the affected property and demand both remediation of the
affected property, its restoration, and measures to prevent any future
encroachment. Within 45 days of receipt of such notice, the property
owner shall submit to the officer a remediation plan created, overseen
and performed by landscape professionals with demonstrable experience
with removing and containing bamboo, which plan shall include both
removal of the bamboo and restoration of the affected property upon
the completion of the remediation. Within 120 days of the receipt
of the officer's approval of the plan of remediation and restoration,
the remediation and restoration shall be completed to the officer's
satisfaction.
B.Â
If the property owner does not accomplish the remediation of the
affected property, the officer shall issue a violation notice with
a penalty of up to $100 for each day the violation continues, enforceable
through the Municipal Court. The Township may also institute civil
proceedings for injunctive or civil relief.
C.Â
Nothing herein shall be interpreted as limiting the rights of an
affected property owner from seeking judicial relief.
D.Â
If the property owner fails to comply with the written notice, the
Township, at its discretion, may remove or contract for the removal
of such bamboo. The cost of such removal shall be the responsibility
of the property owner and if not paid may be assessed as a lien against
the property on which the bamboo growth originated.
Any bamboo existing on the effective date of this regulation
may not be replanted or replaced once such bamboo has died, been destroyed,
uprooted, or otherwise removed.
The prohibition shall not apply where the root system of a bamboo
plant is entirely contained and confined within an aboveground planter,
barrel, or other vessel of such design, material and location as to
entirely prevent the spread of growth of the root system beyond the
container in which the bamboo is planted.
