[HISTORY: Adopted by the Mayor and Council of the Borough
of Oaklyn as indicated in article histories. Amendments noted where
applicable.]
[1]
Editor's Note: This article also repealed former Ch. 58, Brush, Weeds and Trees, consisting of the following: Art. I, Weeds, Brush and Noxious Vegetation, adopted 10-8-1925 by Ord. No. 1-25, as amended, and Art. II, Cutting and Removing Dead Trees, adopted 8-13-1974 by Ord. No. 7-74, as amended.
[Amended 3-11-2003 by Ord. No. 2-03; 12-12-2006 by Ord. No. 16-06; 8-12-2014 by Ord. No. 15-14]
A.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director of
the Department of Public Works or his designee shall require any owner,
tenant, occupant, managing agent, executor, administrator or other
similar person to remove or destroy brush, weeds (including ragweed),
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris from his property or within the entire perimeter
of the property that extends to the curbline of the roadway abutting
his property, within five days after receipt of notice to remove or
destroy the same.
B.
All such obnoxious growth and debris shall be collected and either
removed from the premises or accumulated in trash cans, bags or other
similar containers for removal by any appropriate sanitation service;
the property shall be cleared within the entire perimeter of the property
and extend to the curb- or gutter line of the adjoining roadway, as
the case may be.
A.
Whenever the Borough Council shall deem it necessary
and expedient for the preservation of the public health, safety or
general welfare or to eliminate a fire hazard from lands lying within
the limits of the Borough of Oaklyn to remove brush, weeds, dead and
dying trees, stumps, roots, obnoxious growths, filth, garbage, trash
or debris or to keep all brush, hedges and other plant life growing
within the distance between the sidewalk and the curb or a distance
of 10 feet, whichever is less, of any roadway or within 25 feet of
the intersection of two roadways, cut to a height of not more than
2 1/2 feet, the Borough Council shall cause written notice thereof
to be given to the owner, operator and/or occupier of such lands at
his or her last known address and such owner, operator and/or occupier
shall, within five days after notice thereof, remove or cut same.[1]
[1]
Editor’s Note: Former Subsection B, which immediately
followed, was repealed 7-12-2016 by Ord. No. 13-16.
In case the owner, operator and/or occupier
of any such land shall refuse or neglect to remove said brush, weeds,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or debris or to cut brush, hedges and other plant life within
five days after the first notice of a violation or three days after
a second or subsequent violation thereof, the Superintendent of Public
Works may remove the same or cause the same to be removed under his
direction.
Written notice shall be served upon any such
person who owns, operates or occupies a premises by first class mail
to the property address or the owner's address as listed with the
Oaklyn Tax Collector, describing the condition of the premises and
demanding that the condition be abated within five days of the date
of said notice, or an appropriate complaint shall be filed in violation
of this article.
In the event that personal service of the written
notice cannot be made, service shall be accomplished by posting said
notice in a conspicuous place on the premises.
Where the owner, operator and/or occupier shall refuse and\or neglect to correct the violation(s) within five days after the date of the notice as referenced in § 58-7 of this article, or upon the expiration of five days following posting of notice as provided in § 58-8 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 58-7 of this article, or upon the expiration of three days following posting of notice as provided in § 58-8 of this article, the Borough may correct or cause the violation(s) to be corrected, at the expense of the owner, operator and/or occupier of the property.
Where the owner, operator and/or occupier refuses and\or neglects to correct the violation(s) within five days after receipt of notice as referenced in § 58-4 of this article, or upon the expiration of five days following posting of notice as provided in § 58-5 of this article, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in § 58-7 of this article, or upon the expiration of three days following posting of notice as provided in § 58-8 of this article, and the Borough is required to take corrective measures as referenced in § 58-6 of this article, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 120 days from the expiration of five days following posting of notice as provided in § 58-5 of this article.
In all cases where such conditions are abated by the Borough of Oaklyn pursuant to § 58-6 of this article, the Superintendent of Public Works, or his designee, shall certify the cost thereof to the Council of the Borough of Oaklyn, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a 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 Borough of Oaklyn Tax Collector.
A.
Except as otherwise provided, any owner, occupier, and/or contractor performing work on any property within the Borough of Oaklyn who violates, refuses to comply or neglects to comply with any provision of this article or any rule, regulation or directive promulgated pursuant thereto shall be liable for a fine of not less than $200, and/or penalty as provided in Chapter 1, Article I, § 1-14 of the Code of the Borough of Oaklyn.
B.
The continuation of such violation for each successive
day shall constitute a separate offense, and the owner, occupier,
and/or contractor performing work on any property within the Borough
of Oaklyn allowing or permitting the continuation of the violation
may be punished as provided above for each separate offense.
[Adopted 12-1-2014 by Ord. No. 19-14]
A.
Purpose. The article is adopted to control the planting, cultivating,
and/or growing of bamboo and other invasive plant species in the Borough
of Oaklyn. It is further intended to require barriers that will prevent
the spread of invasive plant species, such as bamboo, into other areas
in the Borough of Oaklyn.
B.
Definitions. All native and nonnative vines and vegetation that grow
out of place and are competitive, persistent and pernicious; those
plants may damage trees, vegetation, sidewalks or structures. Examples
include, but are not limited to, bamboo as well as invasive plant
species developed by the New Jersey Species Strike Team and the New
Jersey Forestry Association. The terms "bamboo" and "invasive plant
species" shall include, but not be limited to, the following plant
genera (commonly known as spreading or running type): Arundinaria,
Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus,
Sasa, Sasaella, Semiarundinaria, Ragweed, multi-flora rose, kudzu-vine
and poison oak or ivy.
C.
Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install, or cause or permit
the planting or installation of invasive plant species such as bamboo
within any lot and/or parcel of ground anywhere within geographic
boundaries of the Borough of Oaklyn.
D.
Duty to confine; inspection and approval of Code Enforcement Officer.
(1)
If there exists any species commonly known as "bamboo-running or
clumping," or any other invasive plant species located upon any property
within the Borough of Oaklyn prior to the effective date of this article,
there shall be a duty to confine imposed upon the owner or 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.
(2)
All places and premises in the Borough of Oaklyn shall be subject
to inspection by the Code Enforcement Officer when there is reason
to believe that any section of this article is being violated.
(3)
Property owners who seek to confine bamboo or other invasive plant
species must do so in accordance with methods approved by the Borough
of Oaklyn Code Enforcement Officer. The Code Enforcement Officer may
permit, inspect and approve methods of confinement and amend the requirements
of said confinement from time to time. The Code Enforcement Officer
may also permit, inspect and approve proper methods for full removal
of bamboo or other invasive plant species.
(4)
Failure to confine bamboo or other invasive plant species in accordance
with the requirements set forth by the Code Enforcement Officer shall
require immediate removal by the property owner or occupant.
(5)
An owner or occupant with property containing bamboo or other invasive
plant species prior to the adoption of this article may fully remove
the bamboo or other invasive plant species in lieu of the duty to
confine. Such removal must conform with the requirements set forth
by the Code Enforcement Officer.
A.
Bamboo and other invasive plant species shall be considered properly
confined when its root system is entirely contained within an aboveground
level planter, barrel, or other vessel of such design, material and
location as to completely prevent the root system's growth beyond
the container in which it is planted.
B.
When properly confined as described herein, all bamboo and invasive
plant species shall be located, trimmed, and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
A.
Encroachment on public property; rights of Borough. When an encroachment
of bamboo or other invasive plant species occurs upon public property
or public right-of-way, the Borough of Oaklyn may remove or contract
for the removal of such bamboo or other invasive plant species from
the public property or right-of-way. The cost of removal shall be
the responsibility of the property owner and shall be assessed as
a lien against the property on which the growth originated. The cost
of removal of the bamboo and other invasive plant species shall also
include the installation of an appropriate barrier to prevent future
invasion onto the public property or right-of-way.
B.
Encroachment on private property; rights of property owner. 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 the proper parties.
A.
The cost of corrective action, together with any civil penalties,
legal fees and other costs shall be recoverable from the responsible
party.
B.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director of
the Department of Public Works or his designee shall require any owner,
tenant, occupant, managing agent, executor, administrator or other
similar person to remove or destroy brush, weeds (including ragweed),
dead and dying trees, stumps, roots, obnoxious growth, filth, garbage,
trash and debris from his property or within the entire perimeter
of the property that extends to the curbline of the roadway abutting
his property, within five days after receipt of notice to remove or
destroy the same.
C.
All such obnoxious growth and debris shall be collected and either
removed from the premises or accumulated in trash cans, bags or other
similar containers for removal by any appropriate sanitation service;
the property shall be cleared within the entire perimeter of the property
and extend to the curbline or gutter line of the adjoining roadway,
as the case may be.
