[HISTORY: Adopted by the Township Council
of the Township of Lopatcong 6-19-1991 as Ord. No. 1991-21.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Littering — See Ch. 143.
Public health nuisances — See Ch. 149.
Property maintenance — See Ch. 165.
Trees — See Ch. 219.
Weed control — See Ch. 237.
[1]
Editor's Note: This ordinance also superseded
former Ch. 81, Brush, Grass and Weeds, adopted 9-17-1975 as Ord. No.
264 (Ch. 40 of the 1974 Code of the Township of Lopatcong), as amended.
All owners or tenants of land lying within the
limits of the township are hereby required to:
A.
Keep all brush, hedges, grass and other plant life
growing within ten (10) feet of any roadway and within twenty-five
(25) feet of the intersection of two (2) roadways cut to a height
of not more than two and one-half (2 1/2) feet where necessary
for the preservation of the public safety.
B.
Cut and properly trim all trees, branches, grass and
shrubs away from sidewalks on their property or immediately adjacent
thereto to a sufficient width to cover the entire sidewalk area, as
well as seven (7) feet in height to allow the citizens utilizing said
sidewalks to properly pass without obstruction or injury.
C.
Remove or destroy brush, grass, weeds, including ragweed,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash and debris where necessary and expedient for the preservation
of the public health, safety and welfare, or to eliminate a fire hazard.
D.
Cut and properly trim all trees, branches and shrubs
adjacent to any township street, alley or passageway so as to provide
for access without contact by snowplowing and street sweeping operations.
[Added 12-6-1995 by Ord. No. 1995-14]
E.
Prevent any growth of grass in excess of eight inches in height or
any growth of ragweed, poison ivy, poison sumac, and all other plant
or vegetable growth that may affect the health and safety of the Township's
residents.
[Added 12-7-2022 by Ord.
No. 2022-10]
[Amended 9-4-1996 by Ord. No. 1996-16]
If, after inspection by an authorized agent
of the township, it is determined that a violation of this chapter
or that a danger to the public health, safety and general welfare
exists, the owner or tenant of such land shall, within five (5) days
after being notified by an authorized agent of the township, or after
posting of notice on said property, abate the condition specified
in the notice.
[Amended 12-6-1995 by Ord. No. 1995-14; 9-4-1996 by Ord. No. 1996-16; 12-7-2022 by Ord. No. 2022-10]
The Warren County Health Department will be the enforcing official of Subsections A and C of § 81-1, and the Lopatcong Township Police Department will be the enforcing official of Subsections A, B and D of § 81-1. Additionally, Code Enforcement will be the enforcing official of Subsections A through E of § 81-1.
The notice required shall be given to the owner or tenant of land aforesaid by any duly authorized agent of the township, in writing, and served personally upon the owner or tenant of lands or by mailing by certified mail, return receipt requested, to the last known address and/or by posting such notice on the premises. Said notice shall be sufficient notice for a twelve-month period, and any further violation within said period will be deemed a failure to comply under § 81-5 below and subject to violations and penalties as set forth in § 81-6 below.
A.
The notice shall substantially direct the owner or
tenant of lands to whom it is addressed to abate the condition complained
of within ten (10) days after receipt of notice. In the event of his
refusal or neglect to do so in the manner directed by the duly authorized
agent of the township and within the time provided herein, the agent
who issued the notice is hereby authorized and directed to cause the
condition complained of to be abated in accordance with this section
and to certify the costs thereof to the Township Council. It shall
examine the certificate and, if found correct, shall cause the cost
as shown thereon to be charged against the lands of the owner or tenant
or, in the event that such cost is excessive, shall cause the reasonable
cost thereof to be charged against the lands.
B.
The amount so charged shall become a lien upon the
lands affected and shall be added to and become part of the taxes
next to be assessed and levied upon the lands, the same to bear interest
at the same rate as other taxes and to be collected and enforced by
the same officers and in the same manner as taxes are collected and
enforced in the township. Costs shall be in addition to any penalties
imposed for any violation of this section.
A.
Any person who shall violate this chapter or any of
its provisions shall, upon conviction thereof, be subject to any one
(1) or more of the following: a fine not exceeding one thousand dollars
($1,000.) or imprisonment for a term not exceeding ninety (90) days
or a period of community service not exceeding ninety (90) days.
B.
Each and every day such violation continues shall
be considered a specific offense.
