[Adopted 7-1-2009 by Ord.
No. 2009-04; amended in its entirety 2-3-2010 by Ord. No. 2010-01]
The owner of lands lying within the Township of Oldmans is hereby
required to remove or cause to be removed any abandoned refrigerators,
washing machines, old furniture, abandoned and cast-out junk of various
sorts, brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, tires, trash and debris within the time contained
in a notice advising of same which shall not be less than 72 hours
(if accessible to and likely to be strewn about by animals) or more
than 10 days from the date the notice is received or presumed received
(as described hereafter) by the owner of the property as reflected
on the current tax bill.
[Amended 9-12-2018 by Ord. No. 2018-08; 12-12-2018 by Ord. No. 2018-15; 10-9-2019 by Ord. No. 2019-06]
All occupied or unoccupied lots or land on or along the sidewalk,
street, or alley adjacent to same and/or all other premises and exterior
properties shall be completely maintained free from weeds or lawn
growth in excess of 10 inches, except that this requirement shall
not apply to areas of cultivated gardens and plants, such as English
gardens, and areas of natural growth that are not ordinarily maintained,
such as, without limitation, areas containing wetlands or marshes
or densely wooded areas, and areas specifically designated for farming
activities. All noxious growth shall be prohibited. Additionally,
any owner of lands within the Township shall 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 shall be necessary and expedient
for the preservation of the public safety. The owner of property who
permits plant life to grow higher than the limitations described herein
shall cut same within 10 days after notice from the Township to do
so. Further, the Township may provide for the cutting of same, by
or under the direction of an employee of the Township, in cases where
the owner or tenant shall have refused or neglected to cut the plant
life in the manner and time prescribed herein.
A.
Notice to the owner to cause the removal of the substances or cutting
of plant life referred to in the preceding sections shall be given
by a Township employee and may be served upon the owner, either personally
or by registered mail, return receipt requested, and regular mail.
If service is made by registered mail, the time period within which
such removal and/or cutting shall be accomplished shall be deemed
to have commenced on the date of receipt as reflected on the return
receipt of the registered mail obtained by the postal authority for
the delivery of such registered notice or, if not claimed, and the
regular mailing isn't returned, then the time period shall commence
three days after the mailing.
B.
Every such notice shall, in addition to requiring the removal and/or
cutting, advise the owner that failure to accomplish such removal
and/or cutting within the time stated therein will result in removal
and/or cutting under the direction of an appropriate Township employee,
and the cost of such removal and/or cutting shall be charged to the
owner of such lands and shall be payable to the Township within 30
days after date of submission of the charges. Unless such charges
are paid within the thirty-day period, the costs as assessed shall
become a lien upon the lands and shall be collected as provided by
law.
A.
Whenever an owner of lands within the Township receiving notice provided
for by the preceding sections fails or neglects, within the prescribed
time, to effect removal of such substances and/or cutting of plant
life, such removal and/or cutting shall be accomplished under the
direction of the appropriate Township employee.
B.
The removal and/or cutting shall be accomplished in either of the
two following methods: by use of the Township employees or through
an independent contractor approved by the Township.
C.
Retention and approval of the independent contractor shall be accomplished
in accordance with the provisions of N.J.S.A. 40A:11-1 et seq.
D.
Where the removal and/or cutting is accomplished by Township employees,
an accurate record of the cost of such removal and/or cutting shall
be determined by an appropriate Township employee, who shall certify
the cost thereof to the governing body, which cost shall include time,
labor, materials and equipment. Any bills submitted by an independent
contractor pursuant to the provisions of N.J.S.A. 40A:11-1, et seq.,
shall likewise be submitted to the governing body, and an appropriate
Township official shall certify that the work specified in the statement
submitted by the independent contractor was, in fact, performed.
E.
If the governing body finds the certification correct, it shall forward
same to the Tax Collector who shall charge the cost against the lands,
and the amount charged shall become a lien upon the lands and shall
be added to and become and form 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 same officers
and in the same manner as taxes.
A.
Any person who shall violate any of the provisions of this chapter
or fail to comply with any notice given in accordance with this chapter
shall, upon conviction thereof, be subject to a fine not in excess
of $500 or imprisonment not in excess of 90 days, or both.
B.
Any such penalties shall be imposed in addition to the cost of removing
the substances hereinbefore referred to upon the lands described in
the notice given.
C.
For purposes of this chapter, each day on which such a condition
exists after the expiration of the notice period shall be deemed or
constitute a separate offense under this chapter, and separate complaints
may be filed for each such offense.
[Added 12-12-2014 by Ord.
No. 2014-09; amended 3-8-2023 by Ord. No. 2023-02]
When employees of the Township of Oldmans have removed and corrected
the condition found to be in violation, or the Township has paid an
individual or contract for such service, a $100 administrative fee
will be charged and billed to the property owner, agent or occupant.
The total actual cost incurred by the Township of Oldmans for employee
labor shall be billed at the employee's hourly rate plus 21% and added
to the cost of any equipment utilized by said municipal employee to
correct the offending condition. The total amount due shall be payable
within 21 days of the billing date. The authorized cost for said equipment
is detailed herein.
|
Equipment
|
Cost
(per hour)
|
|---|---|
|
Leaf blower
|
$30
|
|
Push lawn mower
|
$75
|
|
Riding lawn mower
|
$125
|
|
Weed trimmer
|
$30
|
|
Chainsaw
|
$50
|
|
Chipper
|
$250
|
|
Small dump truck
|
$200
|
|
Large dump truck
|
$250
|
|
Tractor loader
|
$250
|
|
Tractor mower
|
$250
|
