Township of Clark, NJ Article II Lawns, Brush, Litter and Debris

[Adopted by Ord. No. 92-02 (Sec. 17-2 of the 2002 Revised General Ordinances)]

§ 255-5 Definitions.

As used in this article, the following terms shall have the meanings indicated:

BUILDING

Any building, structure, or part thereof, whether used for human habitation or otherwise, and includes any outbuildings and appurtenances thereto or usually enjoyed therewith.

EXPOSED TO PUBLIC VIEW

Any premises, or part thereof, which may be lawfully viewed by the public, or any member thereof, from a sidewalk, street, alleyway, parking lot or from any adjoining or neighborhood premises.

EXTERIOR OF THE PREMISES

Any part of the premises not occupied by any building thereon; any open space on the outside of any building.

OWNER

The holder or holders of the title to the premises in fee simple.

PREMISES

A lot, plot or parcel of land.

§ 255-6 Responsibility of owners.

Any owner of premises as defined herein shall maintain such premises where the same are exposed to public view, together with the landscaping contained thereon, in an orderly state, with lawns and bushes trimmed and free from becoming overgrown, littered and unsightly, where such would constitute a blighting effect, depreciating adjoining and nearby property. Ground surfaces shall be graded evenly so as to eliminate holes, depressions, gullies, mounds, accumulation of debris, natural or otherwise, or any other unsightly or unsafe condition.

§ 255-7 Maintenance of brush, weeds and debris prohibited.

No owner or tenant of land located in the Township shall maintain, or cause or permit to be maintained, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris, the existence and maintenance of which shall create or tend to create a fire hazard.

§ 255-8 Enforcement.

The Construction Code Official is hereby designated as the enforcement authority for the purposes of this article and is hereby authorized and directed to make or cause to be made inspections to determine the condition of any premises as defined herein.

§ 255-9 Residential/Commercial violations and penalties.

[Amended by Ord. No. 01-12; 9-15-2008 by Ord. No. 08-13; 1-17-2012 by Ord. No. 12-01; 7-15-2013 by Ord. No. 13-11]

A. "Residential use" defined. A "residential use" means any building used to provide living facilities for one or more families, but not including boardinghouses, rooming houses, motels, hotels, or townhouses or condominiums in a planned development.

(1) Should the enforcement authority, after conducting an inspection of residential premises, determine that there exists a violation of the terms and conditions of this article, the enforcement authority shall, prior to the issuance of any summons hereunder, issue to the owner of said residential property a written order to correct the stated violation within five calendar days. Failure of the owner to comply with such an order to correct such violation shall result in the issuance of a summons pursuant to the provisions hereof and the imposition of the penalty set forth in Subsection D hereof.

(2) In the event there shall be a second violation by the property owner of the provisions of this article within the same calendar year of the first violation, the enforcement authority shall not be required to issue a written order to correct the stated violation but shall issue a summons for the repeated violation forthwith.

B. "Commercial use" defined. A "commercial use" is defined as any use other than a residential use as defined hereinabove.

(1) Should the enforcement authority, after conducting an inspection of commercial premises, determine that there exists a violation of the terms and conditions of this article, the enforcement authority shall issue a summons for same forthwith and shall not be required to issue a prior notice to correct the violation to the property owner prior to issuing a summons.

C. Notice. Any notice required hereunder shall be by personal service or certified mail and, upon the failure of personal service or service by certified mail, by regular mail or leaving a copy of the notice at the property address.

D. Penalty.

(1) The penalty for violation of this article by a residential property owner shall be a warning for the first offense; a penalty in the amount of $250 for the second offense; and a penalty of $500 for any third or subsequent offenses.

(2) The penalty for violation of this article by a commercial property owner shall be the amount of $500 for the first offense, and $1,000 for any second or subsequent offense.

§ 255-10 Work performed by Township; costs.

[Amended 9-15-2008 by Ord. No. 08-13]

A. If an owner shall fail to maintain the premises in accord with the provisions of § 255-6, then, upon the expiration of 10 calendar days after the giving of written notice by the enforcement authority, the Township of Clark shall have the right, in addition to the other remedies set forth hereinabove, to remedy the condition in order that the intent and purpose of this article, as specified in § 255-6, shall be preserved and protected.

B. For any second or further violation occurring within one year of the date of the first violation, the periods for notification and remediation as set forth in § 255-9 hereof shall be controlling.

C. The Director of the Department of Public Works shall certify the cost thereof to the Township Council at its next regular meeting thereafter. The Township Council shall examine the certificate and, if found to be correct, shall cause the cost, as shown thereof, to be charged against the lands. In the event such cost is found to be excessive by the Township Council, the Council shall cause a reasonable cost therefor to be charged against the lands. The amount so charged shall forthwith become a lien on the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands and shall bear interest at the same rate as other taxes and be collected and enforced by the same officers and in the same manner as taxes.