[Adopted 12-31-2001 by Ord. No. 2001-37 as § 12-2 of the 2001 Code; amended in its entirety 2-12-2009 by Ord. No.
2009-8]
[Amended 6-14-2021 by Ord. No. 2021-17; 11-28-2022 by Ord. No. 2022-42]
Wherever it shall be deemed for the preservation of the public
health, safety and welfare or to eliminate a fire hazard, the Division
of Housing or its designee shall require any owner, tenant, occupant,
managing agent, executor, administrator or other similar person to
remove or destroy brush, grass, weeds (including ragweed) exceeding
10 inches in height, dead and dying trees, stumps, roots, obnoxious
growth, filth, garbage, trash and debris within 10 days after receipt
of notice to remove or destroy same. The portion of this section applying
to brush, grass and weeds (including ragweed) exceeding 10 inches
in height shall apply only to lots containing a dwelling house, located
adjacent to a lot containing a dwelling house, or located within 200
feet of a dwelling house without regard to what zone the subject premises
or the dwelling house is located in. The 200-foot distance shall be
measured from the dwelling house. The provisions of this section applying
to brush, grass and weeds (including ragweed) exceeding 10 inches
in height shall not apply to undeveloped land that remains in its
natural state.
[Added 6-11-2020 by Ord. No. 2020-13]
A.
Regulation.
Any bamboo that has been planted or otherwise permitted to grow on
any property within the Township shall comply with the following:
(1)
Bamboo
shall not be planted, maintained or otherwise be permitted to exist
within 40 feet of the edge of the pavement or traveled portion of
any public roadway in the Township; and
(2)
Each
bamboo owner shall be required to take such measures as are reasonably
expected to prevent such bamboo from invading or growing onto adjoining
or neighboring properties. Such measures shall include, but not be
limited to, installation of sheathing comprised of metal or other
material impenetrable by bamboo at a sufficient depth within the property
line or lines where the running bamboo is planted or is growing to
prevent the growth or encroachment upon adjoining or neighboring property
by the bamboo.
B.
For purposes
of this article, the term “bamboo” shall mean any monopodial
(running) tropical or semitropical grasses from the genera Bambusa,
including but not limited to Bambusa, Phyllostachys and Pseudosasa,
as well as Common bamboo, Golden bamboo and Arrow bamboo.
C.
For purposes
of this article, the term “bamboo owner” shall mean any
property owner, tenant or person in possession who has planted and/or
grows bamboo, or who maintains bamboo on the property, or who permits
bamboo to grow or remain on the property even if the bamboo has spread
from an adjoining property. Any property owner, tenant or person in
possession at which bamboo is found on the property will be considered
a bamboo owner, except any property owner, tenant or person in possession
who:
(1)
Did
not plant or grow or cause bamboo to be planted or grown on his or
her property; and
(2)
Has
provided satisfactory proof to the Township that, within a reasonable
period of time after discovering the encroachment of bamboo onto the
property from an adjoining or neighboring property, he or she advised
the owner, tenant or person in possession of such property of his
or her objection to the encroachment of the bamboo; and
(3)
Has
initiated steps for the removal of the bamboo from the property, including
remedies at law.
[Amended 6-11-2020 by Ord. No. 2020-13]
The Division of Housing or its designee shall serve written notice upon any such person described in §§ 187-4 and 187-4.1, describing the condition of the premises and demanding that the condition be abated within 10 days of receipt of the notice or an appropriate complaint of violation of this section shall be filed, subjecting the person, upon conviction, to the penalty stated in Chapter 1, Article II, General Penalty.
In the event that personal service cannot be
made because the owner or agent is not a resident of the Township,
or in the event that service by certified mail is unaccepted, then
the Division of Housing or its designee shall post the notice in a
conspicuous place on the premises.
[Amended 6-11-2020 by Ord. No. 2020-13]
Where the owner, tenant or other person set forth in §§ 187-4 and 187-4.1 shall have refused and neglected to remove or destroy any such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, or abate the encroachment of bamboo onto adjoining or neighboring property within 10 days after receipt of notice to remove or destroy same, or upon the expiration of 10 days following posting of notice as provided in § 187-6 above, the Division of Housing or its designee shall cause same to be removed at the expense of the owner, tenant, occupant, managing agent, executor, administrator or other similar person, as the case may be.
In all cases where such conditions are abated
by the Division of Housing, the Division of Housing or its designee
shall certify the cost thereof to the governing body, which shall
examine the certificate and, if found correct, shall cause the cost
as shown to be charged against the land. The amount charged shall
become a lien upon such land and shall become a 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
Township Tax Collector.
No person shall cause any brush, weeds, dead
or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash
or debris to be removed from the property of the owner and placed
upon any Township or county right-of-way or easement or upon neighboring
property. All such obnoxious growth and debris shall be collected
and either removed from the premises or accumulated in trash cans,
bags or other similar containers for removal by any appropriate sanitation
service. The property shall be cleared within the entire perimeter
of the property and extend to the curbline or gutter line of the adjoining
roadway, as the case may be.
A.
Any owner, tenant, occupant, managing agent, executor, administrator or other similar person who shall have refused or neglected to remove or destroy any such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, or abate the encroachment of bamboo onto adjoining or neighboring property, after service of the ten-day notice as herein provided, or any person who violates any provision of this article shall be liable to the penalty stated in Chapter 1, Article II, General Penalty.
[Amended 6-11-2020 by Ord. No. 2020-13]
B.
The imposition and collection of a fine imposed hereunder
shall not bar the right of the Township to collect the cost of removal
in the manner as permitted herein or by summary action in a court
of law, and the remedy herein provided shall be cumulative.
[Added 7-29-2016 by Ord.
No. 2016-23]
The owner or occupier of lands lying within the Township abutting
any public roadway shall keep all trees, brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways cut to a height of not more than two
and one-half feet where it shall be necessary and expedient for preservation
of the public safety.
[Added 7-29-2016 by Ord.
No. 2016-23; amended 11-2-2016 by Ord. No. 2016-35]
If, within 10 days after notice to cut and remove such trees, brush, hedges and other plant life as required in § 187-10.1 is given by or under the direction of the Code Enforcement Official, Zoning Officer, Chief of Police and/or Director of Public Works, the owner or occupier fails, refuses or neglects to cut or remove the same, the Township shall forthwith cause the same to be cut and removed. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, and shall set forth that, unless such trees, shrubs, hedges and other plant life are cut, the Township shall cut or cause the trees, shrubs, hedges or other plant life to be cut pursuant to N.J.S.A. 40:48-2.26.
[Added 7-29-2016 by Ord.
No. 2016-23]
A.
In all cases where the trees, brush, hedges and other plant life are cut and removed from said roadway by or under the direction of an officer of the Township as set forth in § 187-10.2, above, the reasonable cost of such removal, as determined by the Township Council, shall be charged against such land. The amount so charged shall become a lien upon such land, and shall be added to the taxes next to be assessed and levied upon such land. The same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector and in the same manner as taxes.
