[Adopted by the Township Committee of the Township of Cinnaminson 12-9-1969 by Ord. No. 1969-17 (Sec. 2.12 of the 1995 Code). Amendments noted where applicable.]
[Amended 8-19-2009 by Ord. No. 2009-10]
Whenever it shall be necessary and expedient for the preservation of the public health, safety and general welfare, or to eliminate a fire hazard, the owner or tenant of lands lying within the Township shall be required, within 10 days after written notice, to cut, trim or remove from such lands brush, weeds, overgrown grass, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris. The property owner or tenant shall be responsible for cutting, trimming or removing said brush, weeds, overgrown grass, dead or dying tree on the entire parcel and up to and along any adjacent curbline and/or commencement of paved roadway, including the main lot or land, that portion of any lot, land or easement along or adjacent to any sidewalk, curbline, street or alley and includes that portion of any lot, land or easement located within the limits of any street, highway, alley or easement. Overgrown grass is any natural grass or weeds of a height of eight inches in length or greater. Owners, operators and occupants shall have all the duties and responsibilities prescribed in this chapter and shall not be relieved of, or be entitled to defend against, any charge or violation thereof by reason of the fact that another party may also be responsible therefor and in violation thereof. Responsibilities of owners, operators and occupants shall not be altered or affected by any agreement or contract by and between any of them or between them and third parties. Notwithstanding the foregoing, street and/or shade trees planted by developers and/or the Township, and/or maintained by the Township, shall not be the responsibility of owners or tenants under this section.
[Amended 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1]
The notice required in § 176-1 hereof shall be addressed to the owner or tenant of such lands, shall contain a description of the location of such lands and shall advise the owner or tenant of such lands that, if he fails to comply within the time required, he shall be subject to a penalty, and further that, upon his failure to comply, the removal will be accomplished by and under the direction of the Superintendent of Public Works of the Township of Cinnaminson and the cost thereof shall be assessed against such lands and collected in the same manner as taxes. If the person or corporation to whom such notice is addressed cannot be served with such notice within the Township of Cinnaminson, such notice may be served by registered mail addressed to the last known address of such person or corporation.
[Amended 8-19-2009 by Ord. No. 2009-10]
Any owner or tenant of lands lying within the Township of Cinnaminson who, within 10 days after the service of such a notice, fails or neglects to remove in accordance with said notice shall, upon conviction thereof, forfeit and pay a fine of, for the first offense, not less than $100 and not more than $1,000. If the same owner or tenant is convicted of two or more separate offenses under this chapter within a twelve-month period, the fine for the second or additional offenses shall be not less than $500 and not more than $1,500. Temporary or subsequent compliance with this chapter shall not constitute a defense against any subsequent or other violation of this chapter. The imposition of any fine or penalty issued herein shall not prevent the Township from collection of costs for services through the lien process described herein.
[Amended 2-4-2009 by Ord. No. 2009-3; 8-19-2009 by Ord. No. 2009-10; 2-23-2015 by Ord. No. 2015-1]
If any owner or tenant of lands lying within the Township of Cinnaminson shall, within 10 days after service of such notice, fail or neglect to trim, cut or remove in accordance with said notice, said action shall be accomplished by or under the direction of the Superintendent of Public Works of the Township of Cinnaminson, and he shall certify the cost thereof to the Township Committee, which 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.
[Added 11-9-1982 by Ord. No. 1982-18; amended 2-4-2009 by Ord. No. 2009-3; 2-23-2015 by Ord. No. 2015-1; 3-21-2016 by Ord. No. 2016-3]
The following municipal officials of the Township of Cinnaminson shall have the authority to enforce the provisions of this chapter: the Construction Code Official, the Code Enforcement Officer, the Health Officer, and/or the Zoning Official. Moreover, any Cinnaminson Township resident who observes a violation under this chapter may file a complaint by notifying the Township/enforcement official during normal business hours.