[HISTORY: Adopted by the Township Council
of the Township of Livingston by Ord. No. 32-1986; amended by Ord.
No. 30-1990 (§§ 8-13 to 8-36 of the 1979 Revised General
Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch.
110.
Housing standards — See Ch.
162.
Solid waste — See Ch.
265.
Trimming of brush near intersections — See Ch.
274, Art.
I.
Snow and ice removal — See Ch.
274, Art.
II.
Maintenance of sidewalks — See Ch.
274, Art.
III.
Abandoned vehicles — See Ch.
309.
Weed control — See Ch.
321.
The purposes of this chapter are:
A. To provide for the public health, safety and welfare.
B. To avoid, prevent and eliminate the maintenance and
creation of hazards to the public health and safety.
C. To prevent the creation, continuation, extension or
aggravation of blight.
D. To promote the preservation of property values in
the Township.
E. To maintain the value and economic health of the Township
by ensuring the maintenance of residential and commercial properties
and businesses that serve and help to support the Township and its
citizens.
F. To prevent and eliminate physical conditions in or
on property which constitute nuisances and are thereby potentially
dangerous or hazardous to life, health or safety of persons on or
near the premises where such conditions exist.
G. To establish minimum standards governing the maintenance
and condition of lands, buildings, structures and premises in the
Township.
H. To fix responsibilities and duties therefor upon owners,
lessees, operators and occupants of property.
I. To provide for administration and enforcement.
J. To fix penalties for the violation of this chapter.
For the specific purposes of this chapter, the
following terms, whenever used herein or referred to in this chapter,
shall have the respective meanings assigned to them hereunder unless
a different meaning clearly appears from the context:
BAMBOO
Any tall tree-like tropical or semitropical fast-growing
grass of the genus Bambusa, having hollow woody-wall stems with ring
joints and edible young shoots (bamboo shoots), including all types
of bamboo.
[Added 5-22-2017 by Ord.
No. 14-2017]
BAMBOO OWNER
Any owner of property where bamboo exists as of the effective
date.
[Added 5-22-2017 by Ord.
No. 14-2017]
CLOTHESLINE
Wires or other similar devices for the hanging of clothes
whether the same are attached to poles, fences or otherwise.
[Added 4-25-2016 by Ord. No. 16-2016]
DETERIORATION
The condition or appearance of a building or part thereof
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use or abuse.
EXPOSED TO PUBLIC VIEW
Any premises, or any part of any premises, which may be lawfully
viewed by the public or any member thereof.
EXTERIOR OF PREMISES
Those portions of a building or structure which are exposed
to public view or are visible from adjoining or adjacent lots, including
all outside surfaces and appurtenances thereto and the open land space
of any premises outside of any building or structure erected thereon.
FRONT YARD
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point lot line.
[Added 4-25-2016 by Ord. No. 16-2016]
HANG DRYING
Relying on sun's radiation to evaporate water.
[Added 4-25-2016 by Ord. No. 16-2016]
INFESTATION
The presence of rats or mice, vermin or other pests on the
premises to the extent they constitute a health hazard.
INVADING PLANTS
Bamboo whose rhizomes originate from a culm, bud or shoot
located on one property and which have grown to encroach upon another
property. Any bamboo found on a property which has no other bamboo
likely to be the source, and whose rhizomes emanate from the direction
of an adjoining property which has bamboo growth that is more mature
than the bamboo that is believed to be a result of encroachment shall
be presumed an invading plant, and the owner of the property on which
the more mature bamboo is located shall be presumed the owner of such
invading plants, even if the rhizomes cannot be entirely traced to
the source plant.
[Added 5-22-2017 by Ord.
No. 14-2017]
NUISANCE
A.
Any public or private condition that would constitute
a nuisance according to the statutes, laws and regulations of the
State of New Jersey, its governmental agencies or the ordinances of
the Township.
B.
Any physical condition existing in or on the
exterior of any premises which is potentially dangerous, detrimental
or hazardous to the life, health or safety of persons on, near or
passing within the proximity of premises where such condition exists.
OCCUPANT
Any person or entity in possession of or using any premises
or part thereof, whether or not the owner thereof and regardless of
the duration of time of such possession, use or occupancy.
OPERATOR
Any person, persons or entity not the owner, who has charge,
care or control of premises or part thereof, with or without the knowledge,
consent or authority of the owner.
OWNER
Any person, persons or entity who shall have legal or equitable
title in any form whatsoever to any premises or part thereof, with
or without accompanying actual possession thereof or who shall have
charge, as owner or agent of the owner, or as a fiduciary, trustee,
receiver, guardian, lessee or mortgagee in possession, regardless
of how such possession was obtained. Any person, group of persons
or entity who is a lessee of a lease of any part or all of any building,
structure or land shall be deemed to be a co-owner with the lessor
for the purposes of this chapter and shall have responsibility over
the portion of the premises so sublet, leased or assigned.
PREMISES
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the buildings or structures thereon.
REAR YARD
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building to the closest point of the rear lot line.
[Added 4-25-2016 by Ord. No. 16-2016]
REFUSE or RUBBISH
All discarded, useless, unusable, unused or worthless solid
waste matter or materials, combustible or noncombustible, including
but not limited to garbage; trash; ashes; paper; paper goods and products;
newspapers; wrappings; cans; bottles; containers; yard clippings;
garden refuse; brush and containers of waste materials, chemicals
or oil other than garbage containers used and intended to be picked
up in the normal weekly scavenger collection service; debris; junk;
glass; boxes; crockery; wood; mineral matter; fixtures; bedding; furniture;
appliances; scrap lumber, scrap metal; construction material; inoperable
machinery or parts thereof, dead or rotting vegetation, excluding
compost piles which are not otherwise prohibited in this chapter;
abandoned, inoperative, unused or unusable automobiles and vehicles,
or parts or components of automobiles, motor vehicles, motorcycles
or vehicles of any kind; solid commercial or industrial waste; and
other items covered by regular municipal scavenger service.
RHIZOME
A horizontal underground plant stem capable of producing
the bud, shoot and root systems of a new plant.
[Added 5-22-2017 by Ord.
No. 14-2017]
RHIZOME BARRIER
An impervious root barrier that is either made of 60 mil
to 80 mil thick polyethylene sheet buried 22 inches to 34 inches deep
with a lip of at least two inches aboveground, or a solid reinforced
concrete container with no drainage holes or another material not
subject to rot, rust or cracking under normal but extended use, and
which is impervious to penetration by bamboo rhizomes.
[Added 5-22-2017 by Ord.
No. 14-2017]
SIDE YARD
A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.
[Added 4-25-2016 by Ord. No. 16-2016]
Every building, structure, lot and the premises
or part of the premises on which it is situated in the Township, previously
or presently used or intended to be used for commercial, residential,
business, recreation, service, transportation, institutional, religious,
charitable, quasi-public, professional or industrial occupancy and
uses accessory thereto, shall comply with the provisions of this chapter
whether or not any such building or structure shall have been constructed,
altered or repaired before or after the enactment of this chapter
and irrespective of any permits or licenses which may have been issued
for the use or occupancy of such building or for the installation
or repair of equipment or facilities prior to the effective date of
this chapter. Vacant lots, lands and premises are also required to
comply with the provisions of this chapter.
In any case where the provisions of this chapter
impose a higher or stricter standard than set forth in any other ordinance
or regulation of the Township of Livingston or under the laws or regulations
of the State of New Jersey or any of its agencies, then the standards
as set forth herein shall prevail, but if the provisions of this chapter
impose a lower or lesser standard than any other regulation or ordinance
of the Township of Livingston or the laws or regulations of the State
of New Jersey or any of its agencies, then the higher standard contained
in any such other ordinance, regulation or law shall prevail.
Compliance with this chapter shall not constitute
a defense against any violation of any other ordinance of the Township
applicable to any structure or premises, nor shall any one act of
compliance constitute a defense against any subsequent or other violation
of this chapter.
Any alterations to buildings, structures or
appurtenances thereto, or changes of use therein, which may be caused
directly or indirectly by the enforcement of this chapter, shall be
accomplished in accordance with all applicable sections of the Uniform
Construction Code of the Township.
Owners, operators and occupants shall have all
the duties, obligations and responsibilities prescribed in this chapter,
and no such person or entity shall be relieved of any such duty, obligation
or responsibility hereunder nor be entitled to assert as a defense
against any charge made against him or them for violation of this
chapter, the fact that another owner, operator or occupant or any
other third person or entity is also responsible therefor and in violation
thereof.
In all buildings occupied for residential purposes
by two or more families, and when the owner thereof shall have agreed
to supply hot water, there shall be supplied sufficient hot water,
at least 140° F.
In all buildings occupied for residential purposes
by two or more families, and when the owner thereof shall have agreed
to supply refrigeration facilities, there shall be supplied and maintained
such refrigeration facilities at all times and in such manner as may
be necessary for the proper and wholesome preservation of foodstuffs.
A. No person shall use, or make available for the use
of any other person, for drinking, bathing, culinary purposes or for
the cleaning of utensils or for other domestic or potable purposes,
any water, unless the same shall be of a quality safe for the use
to which the same is intended to be put and unless the said water
shall fully meet the standards of quality for such purposes as fixed
by the State Department of Health or by any other officer or department
having the right or the power to fix or determine such quality.
B. Whenever the Health Officer shall have satisfactory evidence that any well or cistern, or other source of water, the water of which is used for domestic or potable purposes or for any of the purposes set forth in Subsection
A, has become polluted or rendered unsafe for the use to which the same is being put, or is intended to be put, written notice to discontinue the use of said water and the well, cistern or other source, may be sent to the owner, agent or person in charge of said well or cistern or other source of water, and such owner, agent or person shall forthwith, on receipt of such notice, close said well or cistern or other source, and discontinue, and cause the discontinuance of the use of said water, until the cause of the pollution has been abated and until the said water shall be rendered safe and of the quality provided for in Subsection
A above.
A. The owner or other person in charge and control of
any apartment or other building in the Township shall provide proper
and suitable conveniences or receptacles for receiving garbage and
other refuse matter.
B. Receptacles for receiving garbage and other household
refuse matter shall be made of rigid material, watertight, with a
tight-fitting cover so kept at all times to exclude flies, rats, mice
and vermin.
Combustible materials, including gasoline and
oil, may not be stored on any premises unless such combustible material
is stored in safety containers manufactured for that purpose and such
storage is in compliance with all fire, building and environmental
codes.
A. Occupancy. No owner, tenant, agent or lessee of any
building or any part thereof shall lease, let or hire out the same,
or any portion thereof, to be occupied by any person, or allow the
same to be occupied as a dwelling or lodging place, unless such building
or parts thereof so occupied are sufficiently lighted and ventilated
and are in all respects in that condition of cleanliness and wholesomeness
required by the Code of the Township of Livingston, any ordinance
of the Township and by all applicable laws and regulations of this
state.
B. Cellars.
(1) No person shall let or occupy or suffer to be occupied
separately as a dwelling any vault, cellar or underground room whatsoever,
unless every part thereof shall be at least seven feet in height,
measured from the floor to the ceiling thereof, and unless the same
be for at least three feet of its height above the surface of the
street or ground adjoining or nearest to the same and unless there
is an air space of not less than four inches over a properly damp-proof
floor below the level of the floor and unless the same have external
window openings of at least nine square feet clear at all points in
elevation of the sash frame, which shall be so constructed that it
may be opened for the purpose of ventilation. This subsection shall
not be construed to affect or apply to any existing uses, unless such
uses are otherwise detrimental to the health of the occupants of said
premises.
(2) No person having the right or power to prevent the
same shall knowingly cause or permit any person to sleep or remain
in any cellar, or in any place dangerous or prejudicial to health
by reason of the presence of any poisonous, noxious or offensive substance.
C. Condemnation of unfit premises.
(1) No owner or other person in charge or control of any
apartment or any other building shall permit any building, or any
part thereof, to be occupied or inhabited, if the same is unfit for
human habitation by reason of its being in a condition dangerous to
health or otherwise likely to cause disease among the inhabitants.
(2) Whenever it shall be decided by the Health Officer
that any building or part thereof is unfit for human habitation by
reason of its harboring disease, or by reason of its being otherwise
likely to cause disease among the occupants, and notice of such shall
have been affixed conspicuously on the building, or any part thereof,
and personally served upon the owner, agent or lessee, if same can
be found in the state, requiring all persons therein to vacate from
such building, or part thereof, for such reason as stated in the notice
aforesaid, such building or part thereof shall, within 10 days thereafter,
be vacated or, in case of a special emergency, within such shorter
time as in said notice may be specified. Every such notice shall be
void if, within the time limited by said notice or before the premises
are so vacated, the cause for the giving of such notice shall be so
cured, so that the condition theretofore existing and upon which said
notice is based shall no longer exist.
All buildings hereafter erected or constructed
in the Township and all buildings hereafter converted or to be constructed
or to be converted in whole or in part shall conform to all state
and local Building Code requirements.
A. In buildings designed to be occupied or occupied as
residences by two or more families and when the owners have agreed
to supply heat, from October 1 of each year to the next succeeding
May 1, every unit of dwelling space and every habitable room therein
shall be maintained at least at 68° F. whenever the outside temperature
falls below 55° F. from 6:00 a.m. to 11:00 p.m. At times other
than those specified, interiors of units of dwelling space shall be
maintained at least at 55° F. whenever the outside temperature
falls below 40° F.
B. In meeting the aforesaid standards, the owner shall
not be responsible for heat loss and the consequent drop in the interior
temperature arising out of action by the occupants in leaving windows
or doors open to the exterior of the building. The owner shall be
obligated to supply required fuel or energy and maintain the heating
system in good operating condition so that it can supply heat as required
herein notwithstanding any contractual provision seeking to delegate
or shift responsibility to the occupant or third person, except that
the owner shall not be required to supply fuel or energy for heating
purposes to any unit where the occupant thereof agrees in writing
to supply heat to his own unit of dwelling space, and the said unit
is served by its own exclusive heating equipment for which the source
of heat can be separately computed and billed.
A. Except when placed for refuse collection within the
times permitted by ordinance, the exterior of all premises shall be
kept free of the following matter, materials or conditions:
(2) Abandoned, uncovered or structurally unsound wells,
shafts, towers, exterior cellar openings, basement hatchways, foundations
or excavations.
(3) Abandoned iceboxes, refrigerators, heaters, television
sets and other similar major appliances.
(4) Structurally unsafe or unsound buildings, structures
or fences or parts thereof.
(5) Rats, mice, vermin, pest infestation or harborages
for such animals.
(6) Animal excrement piles or manure piles.
(7) Buried refuse or rubbish.
(8) Stagnant surface or ground water accumulations which
create or are likely to create mosquito or other insect breeding areas.
(10)
Vehicles or parts thereof, including boats and
trailers, motorized or not, licensed or unlicensed, registered or
unregistered, which vehicles or parts thereof are or have been junked,
abandoned, dismantled, parked in a location other than a driveway
or garage or are in a state of visible disrepair for a period of more
than two weeks. This subsection shall take effect only where the conditions
described herein are visible from surrounding or adjoining properties.
No part of this subsection, however, shall be applicable to properties
upon which the business of an automobile body shop or automobile dealership
is legally conducted.
(11)
Dangerously loose and overhanging objects, including
but not limited to dead trees or tree limbs, or any other object,
natural or man-made, which could threaten the health and safety of
persons if caused to fall, or other similar dangerously loose and
overhanging objects which, by reason of their location above ground
level, constitute an actual hazard to persons or vehicles in the vicinity
thereof.
(12)
Inadequate or unsafe foundations, walls, piers
and columns and other similar structurally unsound, damaged or defective
load-bearing components which are incapable of bearing imposed loads
safely at all points.
(13)
Structurally unsound, loose, dangerous, crumbling,
missing, broken, rotten or unsafe exterior portions of buildings or
structures, including but not limited to porches, landings, balconies,
stairways, handrails, steps, walls, overhangs, roofs, fences, supporting
members, timbers, abutments, fire escapes, signs or loose, crumbling
or falling bricks, stones, mortar or plaster.
(14)
Exterior surfaces or parts of buildings or structures
containing sharp, rough or projecting surfaces or objects which might
cause injury to persons coming in contact therewith.
(15)
Broken glass or windows, rotten, missing or
substantially destroyed window frames and sashes, door frames or exterior
component parts of buildings or structures.
(16)
Weeds, brush, stumps, roots which are noxious
or detrimental to public health and safety; this includes but is not
limited to poison ivy, poison oak, poison sumac and ragweed growth.
This shall also include dead and dying trees and limbs or other natural
growth, including compost heaps or piles which, by reason of rotting
or deteriorating conditions, shall create obnoxious odors or blighting
and unsightly factors for adjoining properties of the Township of
Livingston. The placement of compost heaps and/or collection receptacles
for mulch is prohibited in front and side yards.
[Amended 12-15-2008 by Ord. No. 46-2008]
(17)
Dead and dying or storm-damaged trees and limbs
or other growth which, by reason of its condition or nature, constitutes
a hazard to persons lawfully in the vicinity. Trees shall be kept
pruned and trimmed to prevent such conditions.
(18)
Ground surface hazards, such as holes, excavations,
breaks and projections on residential premises within five feet of
an unfenced property line to which the public has lawful access.
B. Vehicles or parts thereof, including but not limited
to boats and trailers, motorized or not, licensed or unlicensed, registered
or unregistered, displaying "For Sale" signs or any advertisement
indicating the availability of such vehicle for sale or lease parked
in a location other than a driveway or garage is prohibited.
A. The exterior of all premises, the exterior of structures
and condition of accessory structures, including fences and walls
of any type, shall be kept structurally sound, in good repair and
free from defect and shall be maintained so that the appearance of
the premises and structures shall not constitute a blighting factor
for adjoining properties or the Township of Livingston, such as but
not limited to structural collapse, excessive peeling paint, graffiti,
rotting or decay.
B. Properties with landscaping, lawns, hedges and bushes
shall be kept from becoming overgrown and unsightly where exposed
to public view and from becoming a blighting factor for adjoining
properties of the Township of Livingston.
C. The exterior of every structure or accessory structure,
including signs and fences, shall be maintained in good repair. The
same shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other conditions reflective
of deterioration or adequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
properties and the Township of Livingston be protected from blighting
influences.
Without limitation by the foregoing, it shall
also be the duty and responsibility of the owners, occupants or operators
to keep the exterior of all premises structurally sound, in good general
repair and sufficiently maintained, to an extent so as to prevent
and avoid conditions that violate the purposes of this chapter.
[Amended 6-1-2009 by Ord. No. 22-2009]
The Construction Official of the Township of Livingston and/or the Building Subcode Official are hereby designated as the officers charged with enforcement of this Chapter except for §
227-25, Sump pump and pipe drains discharge control, which shall be enforced by the Township Engineer or his designee, and are hereafter referred to as the "enforcement officer."
[Amended 9-5-2006 by Ord. No. 34-2006; 3-20-2017 by Ord. No. 8-2017]
Whenever an enforcement officer (or his designee)
determines that there is or has been a violation of any provision
of this chapter or a petition has been filed by a public authority,
he shall give notice of such violation to the person, persons or entities
responsible therefor under this chapter. Such notice shall be in writing
and shall include a concise statement of the reasons for its issuance.
Such notice shall be deemed to be properly and sufficiently served
if a copy thereof is sent by registered or certified mail to the last
known address of the person or entity upon which the same is served,
as shown by the most recent tax lists of the Township, or if a copy
thereof is handed to such person or persons or a copy thereof left
at the usual place of abode or office of such persons or entities.
Notice shall be given as aforesaid within or without the Township.
The notice shall also state that unless the violation is abated, removed,
cured, prevented or desisted from within 10 days of the date of service
of such notice except 10 days for overgrown grass (exclusive of the
date of service), in the case of nonresidential premises, or 30 days
of the date of service of such notice (exclusive of the date of service),
in the case of residential premises, a summons shall issue for such
violation. The enforcement officer may, at the time he issues the
notice, extend the period for compliance with the requirements stated
in the notice for a period in excess of the aforesaid 10 days or 30
days, as the case may be, if, in his judgment, compliance cannot reasonably
be effected within the applicable period; and in such cases the enforcement
officer shall state such reasonably required extended period in the
notice, which shall then be applicable instead of the aforesaid 10
days or 30 days as the case may be. In the event that the violation
is not abated, removed, cured, prevented or desisted from or otherwise
fully remedied within the applicable period or within such extended
period as set forth in the notice pursuant to the foregoing, a summons
and complaint shall then be issued against the person, persons, entity
or entities so notified.
Whenever the enforcement officer finds that an emergency condition in violation of this chapter exists, which condition requires immediate attention in order to protect the public health or safety, he may issue an order by service of notice as set forth in §
227-20, reciting the existence of such an emergency condition and requiring that action be taken by the violator as soon as is reasonably necessary to meet the emergency. Notwithstanding any other provision of this chapter, such order shall be effective immediately.
Upon issuance of a notice of violation pursuant
to this chapter, the property owner, operator or occupant shall correct
the condition and notify the enforcement officer that said condition
has been corrected. A compliance inspection shall then be made. Should
full compliance not be achieved at the time of said inspection, the
Township shall be reimbursed by the property owner for the cost of
reinspection.
There shall be no fee for an initial compliance
inspection made following the issuance of a notice of violation required
pursuant to this chapter. Fees for subsequent inspections to determine
compliance shall be in increments of $25 for subsequent inspections.
Any person or entity who shall violate any of
the provisions of this chapter or any order promulgated hereunder
shall, after a summons is issued under the terms hereof, upon conviction,
be punished by a fine not to exceed $500 or by imprisonment in the
county jail not to exceed 90 days, or by both such fine and imprisonment.
Each violation of any of the provisions of this chapter shall be deemed
to be a separate and distinct offense. A separate offense shall be
deemed committed on each day during on or which a violation occurs
or continues. In the case of a summons issued on the basis of a complaint
made by anyone other than an enforcement officer, Municipal Court
action shall be stayed during such time as the complaint is submitted
to the Township Grievance Committee.
[Added 6-1-2009 by Ord. No. 22-2009]
In order to protect against the adverse consequences of uncontrolled
sump pump and pipe drain discharges, no person shall construct, install,
improve, maintain or permit to be operated on the person's owned or
occupied property any device which allows any point discharge of water
by either forced pumping such as a sump pump or gravity such as a
pipe drain onto a street, sidewalk or public right of way except as
provided for below.
A. New sump pump and pipe drain installations.
(1) Sump pumps and pipe drains installed on or after June 1, 2009, shall
comply with the following conditions:
(a)
The sump pump or pipe drain discharge shall preferably be directed
into onto an absorbent surface as grass, mulch, rock or soil so that
the discharge will be dissipated and not immediately drain to the
Township right-of-way or adjacent properties. The discharge location
shall be as approved by the Township engineer or his designee. In
the event that it is not feasible to direct discharge on to an absorbent
surface, the discharge may be directed to a storm sewer, swale, ditch,
detention basin, drainage basin or other drainage facility or location
as approved by the Township Engineer or his designee.
(b)
The discharge location shall not create a public nuisance which
is any thing, condition or act which is or may become injurious or
hazardous to the public.
(c)
The discharge shall not create a build-up of icing, standing
water or algae growth on the street, sidewalk or public right of way.
(d)
The discharge shall not be directed to adjacent property in
such a manner as to cause damage to the adjacent property or create
a nuisance.
(e)
No person shall connect, or cause or permit to be connected,
any sump pump, pipe drain, floor drain, surface drain, subsoil drain
or leader pipe with the house sanitary sewer, or to use the sanitary
sewer connection or any pipe or drain connected therewith for the
purpose of receiving and discharging drainage of any kind other than
from plumbing fixtures.
(f)
Sump pump and pipe drain discharges may not be directed into
a Township street or right of way unless permission is granted by
the Township Engineer or his designee.
B. Existing sump pump and pipe drain installations. Sump pumps and pipe
drains installed prior to June 1, 2009, shall comply with the following
conditions:
(1) An existing sump pump or pipe drain discharge may continue at the
location where the discharge was made on June 1, 2009, as long as
such discharge does not:
(a)
Create a public nuisance which is any thing, condition or act
which is or may become injurious or hazardous to the public; and
(b)
Create a buildup of icing, standing water, algae growth or cause
erosion on the street, sidewalk or public right-of-way.
(2) An existing sump pump or pipe drain discharge that is causing a public nuisance or is creating a build-up of icing, standing water, algae growth or causing erosion on the street, sidewalk or public right-of-way shall be corrected by the owner to bring the sump pump or pipe drain discharge into compliance with the requirements with Subsection
A(1)(a) through
(e).
(3) The Township Engineer or his designee may require the following:
(a)
That the sump pump or pipe drain have a point of discharge that
is located a minimum of 10 feet or greater, as directed by the Township
Engineer or his designee, from any property line or Township right-of-way.
(b)
That the discharge be directed within the limits of the owner's
property onto an absorbent surface as grass, mulch, rock or soil so
that the discharge will be dissipated and not immediately drain to
the Township right-of-way or adjacent properties.
C. Violations and penalties. The requirements of this subsection shall
be enforced by the Township Engineer or his designee. Whenever there
is a violation of this subsection, the Township Engineer or his designee
shall provide written notice to the property owner and the property
owner shall have 30 days to make the necessary corrections. The failure
of an owner of property to comply with the provisions of the written
notification shall subject the owner to a maximum fine of $2,000 per
violation. Each violation and each day of each violation shall constitute
a separate and distinct violation thereof. The payment of a fine shall
be in addition to performing the remedial action ordered to be undertaken
by the Township Engineer or his designee.
[Added 5-22-2017 by Ord.
No. 14-2017]
A. Regulation of planting, growing and/or cultivating of bamboo.
(1) No person, resident, citizen, property owner, occupant and/or tenant
of property located within the Township shall plant, cultivate or
cause to grow any bamboo on any lot, plot or parcel of ground anywhere
within the geographic boundaries of the Township, except under the
following circumstances:
(a)
Where the root system of such bamboo is entirely contained within
an aboveground-level planter, barrel or other vessel of such design,
material and location as to entirely prevent the spread or growth
of the bamboo's root system beyond the container in which it is planted,
and located, trimmed and maintained such that no part of the plant
shall cross any property line, structure, utility line or swimming
pool at any time.
(b)
Where planted in the ground within a rhizome barrier and located,
trimmed and maintained such that no part of the plant shall cross
any property line, structure, utility line or swimming pool at any
time.
(c)
Where bamboo has been planted prior to the effective date and
the owner, occupant or operator complies with § 227-26B(l)
below, and trims and maintains such that no part of the plant shall
cross any property line, structure, utility line or swimming pool
at any time.
(2) Notwithstanding compliance with § 227-26A(l), any property
owner that plants, cultivates or causes to grow any bamboo shall be
responsible for trimming and maintaining the bamboo such that no part
of the plant shall cross any property line, structure, utility line
or swimming pool at any time.
(3) Planting of bamboo in a buried planter or other ground-level container
is prohibited unless it is planted in a rhizome barrier.
B. Maintenance and remediation for existing bamboo stands.
(1) Where bamboo exists prior to the effective date, such bamboo owner
must, within 90 days of the effective date of this section or within
such reasonable additional time as the Building Department may allow
due to weather or other extenuating circumstances, place the bamboo
rhizome completely within a rhizome barrier or remove such bamboo.
(2) The owner of an invading plant(s) shall be liable for any damages
caused to any property by such bamboo, including, but not limited
to, the cost of removal of any bamboo that grows on the affected property,
provided that such encroachment occurs after the effective date.
C. Complaint notice, order for removal and compliance.
(1) Whenever a complaint is received by the Township regarding the planting, growing, maintenance or encroachment of any bamboo, or whenever the Township, on its own observation and/or inspection, determines that there have been prohibited plantings of bamboo, a failure to erect and maintain a proper barrier and to trim and maintain the bamboo to prevent such bamboo from growing beyond the permitted boundaries and/or there is encroachment of bamboo on the property of another land owner as described in §
227-26B(2) above, occupant or tenant in the possession of the property, the Township shall call notice to be served on the responsible party and the following actions shall occur:
(a)
The notice shall be mailed by certified mail, return receipt
requested, properly addressed with sufficient postage and also by
first-class mail. Notice by certified mail shall be deemed complete
on the date of personal delivery or the date the certified mail is
marked refused or unclaimed or otherwise undelivered by the United
States Post Office. First-class mail shall be deemed delivered within
five calendar days of it being mailed by the Township.
(b)
The notice shall specify the nature of the violation(s).
(c)
The notice shall state that the violation(s) must be corrected
to comply with this section within 60 calendar days from the date
of the received or returned mailing.
(d)
The notice shall state specifically what must be done by the
responsible party to cure the violation(s).
(2) If the responsible party shall fail to mitigate the violation within
the time specified in the notice, a complaint alleging the violation
shall be filed with the Livingston Municipal Court and, upon conviction,
the penalties imposed by this section shall be assessed on a daily
basis.
D. Violations and penalties. Any person determined by the Livingston Municipal Court to have violated this section shall be subject to a fine, imprisonment or community service as provided in §
1-7, General penalty, of Chapter
1. Each day of a continued violation shall constitute a separate offense, for which an additional fine can be levied.
(1) If the violation is not remedied within 180 days, the Township is
hereby authorized to remove or have removed any encroaching bamboo
and to take reasonable steps to eradicate the regrowth of such plant
and/or roots on the property impacted by the same, including any public
rights-of-way, including but not limited to sidewalks, structures,
utilities, and to restore such feature to its normal condition, prior
to the removal and eradication.
(2) The cost of any such corrective action, together with any civil penalties,
legal fees and other costs, shall be recoverable from the responsible
party once a court of competent jurisdiction has made a determination
of responsibility.
(3) Nothing herein shall be interpreted as limiting the rights of a private
property owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against proper parties, including
such actions arising out of bamboo that has spread to adjacent or
nearby properties either before or after this section is adopted.
[Added 4-25-2016 by Ord. No. 16-2016]
A. No clotheslines,
wires or other similar devices used for hanging clothes whether the
same or attached to poles, fences or otherwise shall be maintained
in the front yard or side yard of a residence.
B. Clotheslines/clothes
racks for hang drying relying on sun's radiation to evaporate water
shall only be permitted in the rear yard of a residence.