[HISTORY: Adopted by the Township Council of the Township of Washington 8-15-1977 by Ord. No. 77-15 (Ch. 108 of the 1985 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Uniform construction codes — See Ch. 175.
For the purposes of this chapter, the following definitions shall apply:
FENCE
Any artificially constructed barrier of wood, masonry, stone, wire, plastic, metal or any other manufactured material or combination of these materials, erected for the enclosure of land, dividing one piece from another.
OCCUPANT
Any person residing, living or sleeping in or on the premises or having actual possession, use or occupancy of a dwelling premises, or any person or entity in possession of or using any premises or part thereof, whether or not the owner thereof.
OWNER
Any person, persons or entity who shall have legal or equitable title in any form whatever to any premises or part thereof, or who shall have charge, care or control of any lot, premises, building, structure or part thereof, as owner or agent of the owner, or as a fiduciary, trustee, receiver, guardian, lessee, sublessee, assignee or mortgagee in possession, regardless of how such possession was obtained.
PERSON
Any individual, firm, partnership, corporation or association of persons, and the single number shall include the plural.
RIGHT-OF-WAY LINE
That line, adjacent to an owner's property line, determining the beginning of the street rights of the public, either existing or contemplated. Where a definite right-of-way width has not been established, the "right-of-way line" shall assume to be at a point 25 feet from the center line of the existing street pavement.
ROADWAY
The paved portion of the street or highway between right-of-way lines.
No fence hereinafter constructed, altered or maintained by any person within the Township of Washington shall:
A. 
Exceed six feet in height; or
B. 
Exceed 2 1/2 feet in height when located within three feet of any right-of-way line or within 25 feet of the intersection of two roadways. However, those fences which enclose swimming pools may exceed 2 1/2 feet in height, but in all other respects must comply with the requirements of this subsection.
C. 
Be erected or placed except with the aesthetic, smooth, finished side facing outward to all contiguous properties and roadways and with posts and braces, if any, located on the inside thereof.
[Added 2-6-1989 by Ord. No. 89-1]
Any existing fence within the Township of Washington shall be subject by the Chief Building Official of the Township of Washington to compliance with the requirements of this chapter in the following manner:
A. 
The Chief Building Official shall make a determination that such existing fence is a hazard to the public health, safety or welfare in that it obscures vision on or interferes with ingress or egress to any highway, driveway, entranceway or exitway for motor vehicles.
B. 
Upon making such determination, the Chief Building Official shall notify the owner or occupant of the premises involved of such determination.
C. 
Said notice shall further state that the hazard be abated, removed, cured, prevented or desisted from within 10 days of the date of service of such notice. Such notice shall be served personally upon, or by certified or registered mail directed to the last known address of, the person upon whom the same is served.
D. 
Said notice shall also provide that the person affected or aggrieved by said determination may appeal the same to the Township Construction Board of Appeals in accordance with the procedure set forth in Ordinance No. 76-29 and its amendments and supplements.[1]
[1]
Editor's Note: See Ch. 175, Construction Codes, Uniform.
A. 
Distance and height. The owner or tenant of lands lying within the limits of the Township of Washington, in the County of Bergen, shall keep all brush, hedges and other plant life growing within three feet of any right-of-way line and within 25 feet of the intersection of two roadways cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of public safety, within 10 days after notice to cut the same. Such notice shall be served personally upon, or by certified or registered mail directed to the last known address of, the person upon whom the same is served.
B. 
Noncompliance. In case the owner or tenant, after notice as provided in Subsection A hereof, refuses or neglects to cut such brush, hedges and other plant life in the manner and within the time provided in such notice, such brush, hedges or other plant life shall be cut to a height of not more than 2 1/2 feet under the direction of the Director of Municipal Facilities or his authorized representative.
C. 
Charges levied. In all cases where the brush, hedges and other plant life are cut from any lands within the limitation of Subsection A hereof, the Director of the Department of Public Works or his authorized representative shall certify the cost thereof to the Township Council, which shall examine such certificate and, if found to be correct, shall cause the cost as shown thereon to be charged against such lands, or in the event that such cost is excessive, shall cause the reasonable cost thereof 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 part of the taxes next to be assessed and levied upon such lands and shall bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
[Amended 4-6-2020 by Ord. No. 20-03]
[Added 11-25-2019 by Ord. No. 19-26]
This section is adopted to control the planting, cultivating and/or growing of bamboo in the Township of Washington and to require barriers to prevent the spread of existing bamboo into other areas of the Township.
A. 
Regulation of the planting, growing or cultivating of bamboo. Subject to certain exemptions set forth in this section, no persons, residents, citizens, property owners and/or tenants of the Township shall plant, cultivate, or cause to grow, any bamboo on any lot and/or parcel of ground anywhere within the geographic boundaries of the Township of Washington, except for:
(1) 
Where the root system of such bamboo plants is entirely contained within an above-ground-level planter, barrel, or other vessel of such design, material and location as to entirely prevent the spread of growth of the bamboo plants' root system beyond the container beyond which it is planted.
(2) 
Whether planted or growing in a container, as described herein, all bamboo plants shall be located, trimmed and maintained so that no part of the plant shall be closer than 10 feet from any property line.
B. 
Exemptions. This section shall not apply to any landowner who, prior to the effective date of the ordinance adopting this section, has bamboo on any property. Notwithstanding the foregoing, no portion of such bamboo shall be permitted to grow upon, extend roots across, or extend branches, stalks or leaves over any public way or any private property not owned by or in the possession of such landowner or any possessor of said land. If such occurs, the provisions of Subsection C shall apply.
C. 
Complaint notice; order for removal and compliance. Whenever a complaint is received by the Township regarding the encroachment of any bamboo plant or root, or whenever the Township, on its own observations and inspections, determines that there is an encroachment of bamboo plants or roots onto the property of another landowner, or tenant in possession of such property, or both, the Township shall cause notice to be served on the offending landowner and on any tenant in possession of such property if known to the Township, and the following actions occur:
(1) 
The notice shall be mailed by certified mail, return receipt requested, properly addressed and with sufficient postage, and also by first-class mail. Notice by certified mail shall be deemed complete on the date of personal delivery, or the date the certified mail is marked refused or unclaimed or otherwise undeliverable by the United States Post Office. First-class mail shall be deemed delivered within five calendar days of its being mailed by the Township.
(2) 
The notice shall specify the nature of the violation(s).
(3) 
The notice shall state that the violation(s) must be corrected within 30 calendar days from the date of the received or returned mailing.
(4) 
The notice shall state specifically what must be done by the responsible party to correct the violation(s).
D. 
Penalties.
(1) 
Any person determined by any court of competent jurisdiction to have violated this section shall be subject, on conviction for a first offense under this section, to pay a fine of not less than $25 per day nor more than $100 per day, for each day the violation exists after the date for removal as set forth in the notice which was served on the violator. Each day of a continuing violation shall constitute a separate offense, for which an additional fine can be levied.
(2) 
Any person who shall violate any of the provisions of this section, on conviction of a second or further offense under this section, shall be punishable as provided in § 1-1 of Chapter 1, General Provisions. Each day that such violation shall continue shall constitute a separate offense.
(3) 
If a violation is not remedied within the time set forth in the aforesaid notice, the Township is hereby authorized to remove or have removed any encroaching bamboo and to take all reasonable steps to eradicate the regrowth of the bamboo on the public rights-of-way, including sidewalks, and to restore such land to its normal condition, prior to such removal and eradication.
(4) 
The cost of the corrective action, together with any civil penalties, legal fees and other costs, shall be recoverable from the offending party.
E. 
Enforcement. The provisions of this section shall be enforceable by the Police Department, Code Enforcement Official, as well as by any other individual who observes a violation and wishes to file a complaint. Any person seeking to enforce the provisions of this section shall be authorized to file a complaint in the Municipal Court of the Township of Washington.
A. 
Any person who shall violate the provisions of §§ 217-2 and 217-4, after notice given as required in § 217-3, shall be punished as provided in § 1-1 of Chapter 1, General Provisions.
[Amended 6-3-1985 by Ord. No. 85-5]
B. 
Any person who shall violate any of the provisions of this chapter requiring an existing fence to comply with this chapter shall be subject to legal and injunctive relief as provided by law.