[Adopted 2-27-1985 by Ord. No. 1-85 (Ch. 65 of the 1969 Code)]
The purpose of this article is to protect the public health,
safety and general welfare in or upon premises in the Township of
Morris, as hereinafter set forth, by:
A.
Establishing minimum maintenance standards for premises in the Township
of Morris.
B.
Affixing the responsibilities of owners, tenants, operators and occupants
of such premises.
C.
Providing for proper notification for violation of this article.
D.
Providing for collection of costs incurred by the municipality.
E.
Providing for penalties for violations of this article.
A.
The presence on land lying within the Township of brush piles, ragweed, poison ivy, dead trees, uprooted tree stumps, uprooted roots, obnoxious growths, filth, garbage, automobile bodies and/or body parts, automobile parts, junk, discarded items, such as furniture, machines, appliances or parts thereof, metal, trash, piles of unstacked firewood or lumber, new or used, and other debris is hereby declared to be a nuisance and detrimental to the public health, safety and general welfare. The owner or tenant of lands lying within the Township is hereby required to remove from such lands any of the items, vegetation or materials set forth above within 10 days after receipt of a written notice in accordance with the provisions of this article. This subsection shall not apply to the storage of automobiles or automobile parts by an automobile junkyard licensed and operated in accordance with Chapter 310, Article I, Automobile Junkyards, of this Code.[1]
B.
The exterior of the premises, the exterior of structures and the
condition of accessory structures shall be maintained so that the
appearance of the premises and structures shall not constitute a blighting
factor on adjoining property owners, including the following:
(1)
Storage of commercial and industrial material. There shall not be stored or used at any location equipment or materials relating to commercial or industrial use, unless permitted under Chapter 95, Zoning, for the premises.
(2)
Landscaping. Premises with landscaping, lawns, hedges or bushes shall
be kept from becoming overgrown and unsightly.
(3)
General maintenance. The exterior of every structure or accessory
structure, including fences, shall be maintained in good repair. The
same shall be maintained free of broken window glass, loose shingles,
crumbling stone or excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance to the end that the property
itself may be preserved, safety or fire hazards eliminated, or adjoining
properties protected from blighting influences.
(4)
Vermin control. All parts of the premises shall be maintained as
to prevent infestation from insects, rodents and other vermin and
pests.
The owner or tenant of lands lying within the Township is hereby required to remove from such lands or destroy such items, materials and vegetation as set forth in § 385-9A above, and to comply with the requirements of § 385-9B above, within 10 days after receipt by such owner or tenant of a written notice in accordance with the provisions of this article.
A.
The notice required to be given under this article shall be mailed
by the Township Health Officer, Registered Environmental Health Specialist,
Zoning Officer or other officer designated by the Township to said
owner or tenant by certified mail, return receipt requested, addressed
to his or her last known address or, if unknown, in the case of an
owner, to his address as the same appears on the tax records of the
municipality, or in the case of a tenant, to the property address.
Notice may be served by hand delivery, as long as service is witnessed.[1]
B.
The period of time for compliance set forth in § 385-10 shall commence on the date of the return receipt obtained by the postal authorities for delivery of such notice or, if undelivered, on the date of the return thereof to the Township. If notice is hand delivered, the period of time shall commence upon service of notice.
C.
Every such notice shall, in addition to requiring compliance with
this article, warn the owner or tenant that failure to effect such
removal within the time stated in said notice will result in such
removal by the Township of Morris, and the cost of such removal will
be charged to the owner. In the event that service of notice is made
upon the owner, the cost of such removal shall forthwith become a
lien upon the lands and shall be added to and become a part of the
taxes next to be assessed and levied upon the same, to bear interest
at the same rate and to be collected in the same manner as taxes,
as hereinafter provided.
In all cases where materials are removed from any lands under
this article by or under the direction of a Township officer, to effect
such removal, such officer shall certify the cost thereof to the Township
Committee, who shall examine the certificate and, if found correct,
shall cause the cost as shown thereon to be charged against said lands.
The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to
be assessed and levied upon such lands, the same to bear interest
at the same rates as taxes, and shall be collected and enforced by
the same officers and in the same manner as taxes. The above costs
of removal shall be additional to any other penalties which may be
imposed under this article.
A.
Any person convicted of a violation of any provision of this article
or any supplement thereto may, in the discretion of the court by which
he was convicted, for each offense, be punishable by a fine not exceeding
$500 or imprisonment in the Morris County Jail for a term not exceeding
90 days, or both.
B.
In default of the payment of any fine imposed hereunder, the person
convicted may, at the discretion of the court by whom convicted, be
imprisoned in the Morris County Jail for a term not exceeding 90 days.
C.
Each day during which a violation of this article continues shall
be deemed a new and separate offense.
Nothing in this article shall be deemed to modify or repeal
the provisions of any existing ordinance of the Township of Morris.
