City of Millville, NJ Article VI Removal and Disposal of Harmful Matter, Vegetation and Bulk Waste

§ 11-53 Statutory authority.

A. N.J.S.A. 40:48-2.13 authorizes a municipality to adopt regulations requiring the owner or tenant of a dwelling or lands located within the municipality to remove and destroy brush, weeds, ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris where it is necessary and expedient for the preservation of the public health, safety, general welfare, or to eliminate a fire hazard.

B. N.J.S.A. 40:48-2.13a authorizes a municipality to adopt regulations requiring the owner or tenant of a dwelling or land located within the municipality to remove and destroy solid waste stored in such a way as to be accessible to and likely to be strewn about by animals where it is necessary and expedient for the preservation of the public health, safety or general welfare.

C. N.J.S.A. 40:48-2.14 authorizes a municipality to assess a lien against the subject property where the municipality has incurred expenses to remove and destroy the harmful matter and vegetation after the owner or tenant has failed to comply with a notice of violation and order.

D. N.J.S.A. 40:48-2.26 authorizes a municipality to adopt regulations requiring the owner or tenant of lands located within the municipality to 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 where it is necessary and expedient for the preservation of the public safety.

E. N.J.S.A. 40:48-2.27 authorizes a municipality to assess a lien against the subject property where the municipality has incurred expenses to cut and remove the plant life after the owner or tenant has failed to comply with a notice of violation and order.

§ 11-54 Findings and purpose.

The governing body of the municipality finds and declares that the existence of matter and vegetation which is detrimental to the public health, safety, or general welfare, or which constitutes a fire or public safety hazard is a nuisance which must be abated. The purpose and intent of these regulations is to identify these conditions and provide for their timely abatement.

§ 11-55 Definitions.

As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended:

BRUSH

A dense growth of underwood or vegetation or broken and cut branches.

BULK WASTE

Large, unused or unproductive matter not constituting garbage, trash or recyclable materials, including but not limited to demolition materials, furniture, household appliances, household furnishings, motor vehicle bodies and parts, tires and debris.

DEBRIS

Any accumulation of broken and detached materials, including fragments or ruins from construction, demolition, or rehabilitation projects.

FILTH

Any foul or odorous matter except for that authorized and designated for use in agriculture.

GARBAGE

Any animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

HARMFUL MATTER

Debris, filth, garbage, refuse, rubbish, or trash which poses a significant risk to the public health, safety or general welfare, or which constitutes a fire hazard.

HARMFUL VEGETATION

Brush, dead and dying trees, noxious growth, ragweed, roots, stumps, or weeds which poses a significant risk to the public health, safety or general welfare, or which constitute a fire hazard.

NOXIOUS GROWTH

Plant growth which is harmful or injurious to health or physical well-being.

REFUSE

Any matter, excluding garbage, that is discarded as useless or worthless.

RUBBISH

Any combustible and noncombustible waste materials, including boxes, cartons, cans, crockery, excelsior, glass, leather, metals, mineral matter, paper, rags, rubber, wood, and other similar materials.

TRASH

Waste or worthless matter, including refuse and rubbish.

WEEDS

Any plant that is troublesome, useless or injurious to any cultivated crop or plant, or to the public health.

§ 11-56 Regulations.

A. The public officer shall require the removal and proper disposal of any harmful matter in any dwelling or on lands within the municipality where it is necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard.

B. The public officer shall require the removal and proper disposal of any harmful vegetation in any dwelling or on lands within the municipality including alleyways and areas adjacent thereto in private ownership, where it is necessary and expedient for the preservation of the public health, safety or general welfare, or to eliminate a fire hazard.

C. The public officer shall require the removal and proper disposal of solid waste being stored in any dwelling or on lands within the municipality, including alleyways and areas adjacent thereto in private ownership, in such a manner as to be accessible to and likely to be strewn about by animals where it is necessary and expedient for the preservation of the public health, safety or general welfare.

D. The public officer shall require the removal and proper disposal of bulk waste on property where it is found to damage the environmental quality of the community and impair the public health, safety and general welfare.

E. The public officer shall require that brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways be cut to a height of not more than 2 1/2 feet where it is necessary and expedient for the preservation of the public safety.

F. The owner and tenant in possession of any dwelling or lands shall be the person or persons jointly responsible for compliance with these regulations, or if the property is in the process of being foreclosed and has been abandoned, the mortgagee shall also be a person responsible for compliance with these regulations.

G. The owner or landlord of any building, structure or lands shall be solely responsible for compliance with these regulations where the condition exists in common areas under the exclusive control of the owner or landlord.

H. No person shall dump or deposit waste material on any property within the City unless the dump site is a site specifically approved by state or local government and is authorized by state or local law.

I. No person shall transport waste material through the streets of the City except in vehicles or receptacles that are covered and watertight so that no liquid or odor shall escape.

§ 11-57 Notice of violation and order.

A. The public officer shall issue a notice of violation and order requiring the responsible person to remove and destroy the harmful matter or vegetation within 10 days from the date of service of the notice of violation.

B. If the notice of violation involves solid waste stored in such a manner that it is accessible to and likely to be strewn about by animals, then the order may provide for its removal and destruction within 72 hours from the date of service of the notice of violation.

§ 11-58 Failure to comply with order.

Where the responsible person fails to comply with the notice of violation and order within the time specified in the order, the public officer may provide for the removal and destruction of the harmful matter and vegetation at the expense of the municipality.

§ 11-59 Assessment of lien.

A. In all cases where the harmful matter and vegetation has been removed and destroyed under the direction of the public officer, at the expense of the municipality, after issuing a notice of violation and order under § 11-58 above, the public officer shall certify the cost thereof to the governing body of the municipality plus an administrative fee of $250 for a first offense and $500 for each subsequent offense.

B. The City Administrator shall review the certification and upon approval the governing body of the municipality shall adopt a resolution authorizing and instructing the Tax Collector to assess the cost incurred by the municipality against the subject property. The assessment shall become a lien against the subject property and collected in the same manner as property taxes are assessed and collected.

§ 11-60 Violations and penalties.

It shall be unlawful for any person to violate the regulations contained in this article. The court shall fine all responsible parties found guilty of failure to comply with the notice of violation and order or found guilty of other regulations contained in this article a minimum of $200 and a maximum of $1,000 for the initial offense.

§ 11-61 Continuation of violation.

Each day that a violation continues, after a notice of violation and an order for correction has been issued and the time for correction has expired, shall constitute a separate violation. The court shall impose a minimum fine of $25 for each additional day that the violation continues and maximum of $1,000 for each additional day that the violation continues after notice of violation and an order for correction have been issued, and the time for correction has expired.