[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as Sec. 4-5 of the 1982 Revised General
Ordinances. Amendments noted where applicable.]
A.
It is hereby declared to be a matter of public policy
that all persons within the Borough are entitled to and shall be protected
against the results of the failure of an owner of land, and any tenant
thereof, to comply with the provisions of this chapter.
B.
It is further declared necessary and expedient for
the preservation of the public health, safety and general welfare,
and to eliminate fire hazard, to enact and enforce the provisions
of this chapter.
As used in this chapter, the following terms
shall have the meanings indicated:
To remove from the land all of offensive matter to and including
the destruction and removal of roots.
Includes the plural when such are the facts; provided that
any notice required to be given or directed as herein provided shall
be deemed sufficient if given to one of several owners, or parties
in interest in the land; and in case of tenancy, to one, if there
are more than one.
To totally remove the trees from the land and to remove all
visible offensive matter as herein defined.
A combination of the prior definitions of "remove" and "destroy."
To cut back in order to remove hazards from the public right-of-way.
[Amended 6-6-2006 by Ord. No. 1259; 3-21-2023 by Ord. No. 1624]
It shall be unlawful for any owner or tenant, jointly and/or severally, of any land lying within the Borough, after receipt of the notice provided for in § 174-5 hereof, to permit and/or allow to exist, neglect or refuse to remove and destroy from any land any obnoxious growths such as brush, weeds of various types like ragweed, lawn grass in excess of 12 inches, dead or dying trees, stumps, roots, obnoxious growths of every description, filth, garbage, trash, rubbish and debris which may or does attract wild animals such as skunks, raccoons, possums or vermin and/or may create a risk to the health, safety or welfare of the public. It shall also be unlawful for any owner or tenant, jointly and/or severally, of any lands lying within the Borough, after receipt of the notice provided for in § 174-5 hereof, to permit and allow to exist, neglect or refuse to trim or remove any trees, the branches of which encroach into the public rights-of-way, or which interfere with the full use of such public rights-of-way.
The Borough hereby adopts the existing statutory
authority and any power hereafter enacted by law for the purpose of
causing the removal, destruction, or both, of the existence of any
one or more of the unlawful objects and things aforesaid.
[Amended 6-6-2006 by Ord. No. 1259]
A.
Notice shall be given to the owner and, if applicable,
tenant to trim as demanded or remove and destroy any obnoxious growths
such as brush, weeds of various types like ragweed, lawn grass in
excess of 12 inches, dead or dying trees, stumps, roots, obnoxious
growths of every description, filth, garbage, trash and debris within
15 days after the date such notice is given.
B.
Notice. Notice shall be given in the following manner:
(1)
Personal service of a written notice upon the owner
or the tenant wherever such service can be made. If personal service
cannot be made in this fashion, notice shall be mailed by regular
and certified mail, return receipt requested, to the address of any
owner of the land as shown on the last tax duplicate of the Borough.
Each owner and each tenant is deemed the agent for service for each
owner as well as each tenant of a shared tenancy. If notice is mailed,
both regular and certified mail are to be returned to constitute failure
of service.
(2)
Personal service of a written notice upon a person
over the age of 14 years at the residence or domicile of the owner
or the tenant. If personal service cannot be made in this fashion,
notice shall be mailed by regular and certified mail, return receipt
requested, to the address of any owner of the land as shown on the
last tax duplicate of the Borough. Each owner and each tenant is deemed
the agent for service for each owner as well as each tenant of a shared
tenancy. If notice is mailed, both regular and certified mail are
to be returned to constitute failure of service.
(3)
Service by a written notice mailed by regular and
certified mail, return receipt requested, to the address of any owner
of the land as shown on the last tax duplicate of the Borough and,
in addition thereto, by posting the notice on the land. Each owner
and each tenant is deemed the agent for service for each owner as
well as each tenant of a shared tenancy. If notice is mailed, both
regular and certified mail are to be returned to constitute failure
of service.
[Amended 6-6-2006 by Ord. No. 1259]
If the trees are not properly trimmed or the
obnoxious growths such as brush, weeds of various types like ragweed,
lawn grass in excess of 12 inches, dead or dying trees, stumps, roots,
obnoxious growths of every description, filth, garbage, trash and
debris removed from the public rights-of-way in conformance with such
notice, or if the obnoxious growths such as brush, weeds of various
types like ragweed, lawn grass in excess of 12 inches, dead or dying
trees, stumps, roots, obnoxious growths of every description, filth,
garbage, trash and debris are not completely removed and destroyed
within 15 days after notice, the Borough is authorized to proceed
to trim or remove the trees and to cause removal of the obnoxious
growths such as brush, weeds of various types like ragweed, lawn grass
in excess of 12 inches, dead or dying trees, stumps, roots, obnoxious
growths of every description, filth, garbage, trash and debris, including
the right to destroy the same and including any necessary grading
or filling to protect the public health, safety and welfare. All of
the costs expended by the Borough shall be reimbursed to it within
30 days after a bill is issued and mailed to the owner at the address
shown on the last tax duplicate and, if applicable, with a copy to
any tenant. All such costs shall be deemed municipal charges and shall
be reported to the Tax Collector in the event of delinquency for proper
disposal in accordance with law.
If any costs are not paid within the time required,
the costs will be assessed against the lands and shall become a lien
collectible in the same manner as delinquent taxes.
The provisions of N.J.S.A. 40:48-2.26 and 40:48-2.27
governing brush and shrubs at intersections are hereby adopted as
powers enforceable by the Borough.
[Amended 3-7-2006 by Ord. No. 1251]
In addition to the liability of the owner to pay the costs as previously described, and in addition to the procedure to assess any unpaid costs as a lien upon the land, any owner or tenant, or both, convicted of a violation of this chapter shall be liable to a fine of between $30 and the maximum penalties set forth in Chapter 1, Article III, Penalty, of the Borough of Stone Harbor Code.
[Added by Ord. No. 1628]
The article is adopted to control the planting, cultivating,
and/or growing of bamboo and other invasive plant species in the Borough
of Stone Harbor. It is further intended to require barriers that will
prevent the spread of invasive plant species into other public or
private property in the Borough of Stone Harbor.
As used in this article, the following terms shall have the
meanings indicated:
All native and nonnative vines and vegetation that grow out
of place and are competitive, persistent and detrimental; those plants
may damage trees, vegetation, sidewalks or structures.
No landscaper, contractor, owner, tenant or occupant of a property,
or a person, corporation or other entity, shall plant, install, or
cause or permit the planting or installation of any invasive or nuisance
plants or vegetation within any lot and/or parcel of ground anywhere
within the Borough.
If there exists any invasive species located upon any property
within the Borough of Stone Harbor prior to the effective date of
this article, there shall be a duty to confine imposed upon the owner
and occupant of the property. The duty to confine shall require owners
and occupants to prevent the encroachment, spread, invasion or intrusion
of bamboo and other invasive plant species onto any other private
property, public property or public right-of-way.
In the event it is determined that there is an encroachment
or invasion on any adjoining private or public property or public
right-of-way, the Borough shall notify the property owner, in writing,
that the bamboo or other invasive plant species has invaded other
private or public property or public right-of-way. The property owner
shall have 45 days from the date of the notice to confine or remove
the invasive plant(s).
A.
Any landscaper, contractor, owner, or occupant of a property who violates § 174-12 above shall be subject to a fine of $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense. For purposes of this article, each day on which such a condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.
B.
If the property owner does not comply with the requirements of § 174-14 above within the forty-five-day notification period, the property owner shall be subject to a fine of $100 for a first offense, $250 for a second offense, and $500 for a third or subsequent offense. For purposes of this article, each day on which such a condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.
C.
When a violation as referenced in this chapter occurs upon public
property or a public right-of-way, at its discretion, the Borough
of Stone Harbor may remove or contract for the removal of such invasive
plant species from the public property right-of-way. The cost of such
removal shall be the responsibility of the owner and occupant of the
property from which the invasive plant species originated. The cost
of said removal of the invasive plant species from the public property
and/or a public right-of-way may include the cost of the installation
of an appropriate barrier to prevent further encroachment by the invasive
plant species.
