BUILDING. Any building, structure
or part thereof, whether used for human occupancy or otherwise, including
any outbuildings and appurtenances belonging thereto or usually enjoyed
therewith.
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Replace existing definition of “garbage”
with:
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GARBAGE. Animal, vegetable and
other organic waste resulting from the handling, preparation, cooking
and consumption of food or other products.
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Replace existing “Rubbish” with:
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RUBBISH. Combustible and noncombustible
waste materials, except garbage, such as but not limited to paper,
wrappings, cigarettes, cartons, boxes, rags, excelsior, cardboard,
rubber, leather, aluminum or tin cans, yard clippings, leaves, wood,
glass, household bedding, metals, mineral matter, glass, crockery
and dust, or other similar materials. Rubbish shall not include yard
clippings or leaves which are part of a maintained compost pile.
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302.3 Sidewalks and driveways. All walkways, stairs, driveways, parking spaces and similar areas
shall be kept in a good condition and maintained free from hazardous
conditions. Stairs shall comply with the requirements of Sections
303.10 and 702.9. Sidewalks and curbs shall be specifically subject
to the following requirements.
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302.3.1 Duty of owner. In accordance
with N.J.S.A. 40:65-1 et seq., the owner or owners of any premises
in the municipality abutting a sidewalk or curb shall be responsible
for the construction and reconstruction, paving and repaving, curbing
and recurbing, maintaining, repairing and improving of the sidewalks
and curbs of the streets and highways of the municipality wholly at
the cost of the owner or owners. All new sidewalks and curbs constructed
by an abutting owner shall be constructed in accordance with the line
and grade established in plans approved by the appropriate approving
agency or the municipal engineer. All old and existing sidewalks and
curbs shall be reconstructed or repaired in accordance with the existing
line and grade unless such line and grade is changed by the Municipal
Engineer. It shall be the responsibility of the abutting owner or
owners in all instances to make inquiry of the Municipal Engineer
respecting such line and grade prior to making the improvement.
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302.3.2 Removal of grass, weeds, snow
and ice from sidewalks and gutters. The owner or owners of
any premises in the municipality abutting a sidewalk or curb of the
streets and highways of the municipality shall be responsible for
removing all snow and ice from the abutting sidewalks and gutters
within 12 hours of daylight after the same shall fall or be formed
thereon, and all grass, weeds and impediments therefrom within three
days after notice to remove same, notwithstanding any other notice
provisions contained in this code to the contrary, and for removing
all grass, weeds, and impediments from the portion of any street or
highway abutting such lands.
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302.3.3 Standard. Sidewalks and
curbs shall be kept in good condition and maintained free from hazardous
conditions so that they are not permitted to become unfit or unsafe
to walk upon or use. Sidewalks and curbs shall be constructed, reconstructed,
paved, repaved, curbed, recurbed, and repaired in accordance with
specifications adopted by the Municipal Engineer.
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302.3.4 Failure to maintain or repair. In the event the abutting owner or owners shall fail to construct
or reconstruct, pave or repave, curb or recurb, maintain, repair or
improve such part of the abutting sidewalks and curbs which require
such repair, maintenance or similar action, or shall fail to remove
all snow and ice, or all grass, weeds and impediments as required
herein, the municipality may cause said work to be performed and the
cost thereof to be assessed as a lien against the property in accordance
with the provisions of N.J.S.A. 40:65-1 et seq.
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302.3.5 Service not to constitute acceptance
of sidewalks, curbs, or streets. The provision of any of these
services or the performance of any of this work, as set forth in Section
302.3 et seq. hereof, by the municipality shall not constitute acceptance
by the municipality of any sidewalk, curb or street not otherwise
properly and legally dedicated to the municipality. Such services
and work, if provided or performed at all, shall only constitute a
courtesy.
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302.4.2 Removal of brush, weeds, brush,
etc. The owner of a dwelling or lands lying within the limits
of Little Egg Harbor Township, where the code official deems it necessary
and expedient for the preservation of the public health, safety, and
general welfare or to eliminate a fire hazard, shall remove from such
dwelling or lands or destroy brush, weeds, including ragweed, dead
and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris within 10 days after receiving notice to remove or
destroy the same notwithstanding any other notice provisions contained
in this chapter to the contrary.
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302.4.3 Brush and hedges near roadways
and intersections. The owner of lands lying within the limits
of Little Egg Harbor Township, where the code official deems it necessary
and expedient for the preservation of the public health, safety, and
general welfare, shall keep all 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 2 1/2 feet
within 10 days after receiving notice to cut the same notwithstanding
any other notice provisions contained in this chapter to the contrary.
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302.4.4 Abatement by municipality and
costs as lien. In cases where the owner shall have refused,
neglected or failed to abate any violation of Section 302.4 et seq.
hereof, the municipality may abate the violation by or under the direction
of the code official. These costs shall become a lien against the
dwelling or lands in accordance with the lien procedure established
by N.J.S.A. 40:48-2.14 and N.J.S.A. 40:48-2.27, respectively. Fees
and costs shall be assessed in accordance with the following rate
schedule:
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Labor: $25 per hour per laborer
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Public Works vehicle fee: $65 per hour
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Heavy-duty tree and brush removal equipment
fee: $50 per hour
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Loader/backhoe equipment fee: $95 per hour
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All other mechanical equipment fee: $30 per hour
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Administrative fee: $100
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Any disposal fees associated with landfill, recycling center,
or hazardous waste will be assessed at the current rate charged by
such facility.
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Any fee charged by a contractor for work performed on behalf
of the Township for the abatement of any violation of Section 302.4
et seq.
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302.8 Motor vehicles, boats and watercraft.
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302.8.1 Excepting owners of business
establishments that are duly licensed and permitted as automobile
junkyard facilities in accordance with the municipal land use and
zoning ordinances, no property owner shall park, keep, or store nor
allow to be parked, kept or stored on any premises more than one unregistered
or uninspected motor vehicle nor, alternatively, more than one motor
vehicle which is incapable of operating under its own power for purposes
of transporting passengers regardless of whether or not the motor
vehicle is registered or inspected.
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302.8.2 When any motor vehicle
is parked, kept or stored in a state of disassembly, disrepair, or
is in the process of being stripped or dismantled as part of a major
overhaul, the motor vehicle shall be, at all times when no mechanical
or body work is being performed, completely covered by a tarp or other
covering or otherwise garaged.
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302.8.3 Except upon a duly permitted
marina or marine repair facility, no property owner shall park, keep
or store nor allow to be parked, kept or stored upon any premises
more than one boat or watercraft which is unregistered nor, alternatively,
more than one boat or watercraft which is incapable of operating under
its own power for purposes of transporting passengers upon the waterways
within the municipality regardless of whether or not the boat or watercraft
is registered.
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302.8.4 When any boat or watercraft
is parked, kept or stored in a state of disassembly, disrepair, or
is in the process of being stripped or dismantled as part of a major
overhaul, the boat or watercraft shall be, at all times when no mechanical
or other work is being performed, completely covered by a tarp or
other covering or otherwise enclosed in a structure approved for that
purpose.
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302.8.5 Any boat or watercraft
which sinks, is unseaworthy or otherwise becomes a hazard to navigation
within any waterway within the municipality shall be deemed a public
nuisance and shall be removed by the owner thereof upon notice as
provided for in this code unless the code official deems the hazard
to be an imminent hazard to life, health or property. Should the owner
of the boat or watercraft not remove the hazard as prescribed by the
code official within 72 hours' notice notwithstanding any other notice
provisions contained in this chapter to the contrary, the code official
may take appropriate steps, with the approval of the Township Administrator,
to cause the hazard to be removed and to charge the cost thereof to
the owner of the boat or watercraft. The Municipal Attorney, upon
the request of and under the direction of the Township Administrator,
shall take necessary and appropriate steps to recover the municipality's
costs of abating the hazard.
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303.3 911 Locatable mailing address system. The code official shall have authority to enforce the provisions of Chapter 145 of the Code of Little Egg Harbor Township, entitled "Buildings, Numbering of."
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305.3.3 Pickup times. Containers
shall be placed curbside or street side for pickup no sooner than
6:00 p.m. on the evening prior to the date of scheduled collection
for the zone where such building, structure or premises is located
and no later than 6:00 a.m. on the scheduled date.
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404.4.4 Prohibited occupancy. Kitchens,
laundry rooms, bathrooms, closets, cabinets, and other nonhabitable
spaces and interior public areas shall not be occupied for sleeping
purposes.
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