Township of Deerfield, NJ Article III Removal or Abatement of Nuisances by Township

[Adopted 10-5-2016 by Ord. No. 2016-10]

§ 148-12 Duty to remove or abate.

A. Whenever it shall be deemed for the preservation of the public health, safety and welfare, or to eliminate a fire hazard, the Supervisor of the Department of Public Works, or his designee, shall require any owner, tenant, occupant, managing agent, executor, administrator, or other similar person, to remove or destroy brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, within 10 days after receipt of notice to remove or destroy the same.

B. No person shall cause any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, to be removed from the property of said owner upon any Township or County right-of-way or easement or upon neighboring property. All such obnoxious growth and debris shall be collected and either removed from the premises or accumulated in trash cans, bags or other similar containers, for removal by any appropriate sanitation service, the property shall be cleared within the entire perimeter of the property, and extend to the curb or gutter line of the adjoining roadway, as the case may be.

§ 148-13 Notice; personal service; service by posting.

A. The Supervisor of the Department of Public Works, or his designee, shall serve written notice upon any such person described in § 148-12A of this chapter, describing the condition of the premises and demanding that the condition be abated within seven days of receipt of said notice, or an appropriate complaint shall be filed in violation of this chapter, subjecting said person, upon conviction, to fines and penalties.

B. Personal service shall be effected upon any owner, tenant, occupant, managing agent, executor, administrator or other similar person under subsection A by certified mail, regular mail and the posting of said notice in a conspicuous place on the subject premises.

§ 148-14 Removal or abatement by Township; fees.

A. Where the owner, operator and/or occupier shall refuse and/or neglect to correct the violation(s) within five days after the date of the notice as referenced in this chapter, or upon the expiration of five days following posting of notice as provided in this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in this chapter, or upon the expiration of three days following posting of notice as provided in this chapter the Township may correct or cause the violation(s) to be corrected, at the expense of the owner, tenant, occupant, managing agent, executor, administrator, or other similar person, as the case may be.

B. Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in this chapter, or upon the expiration of five days following posting of notice as provided in this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in this chapter, or upon the expiration of three days following posting of notice as provided in this chapter, and the Township is required to take corrective measures as referenced in this chapter, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 180 days from the expiration of five days following posting of notice as provided in this chapter.

C. Department of Public Works fees for services and equipment. The fee schedule for Department of Public Works personnel and equipment shall be based upon an hourly rate, which shall be established by resolution of the Township committee of the Township of Deerfield on an annual basis. The minimum charge for personnel from the Department of Public Works shall be $250 per day per occurrence.

§ 148-15 Lien by Township for services rendered.

In all cases where such conditions are abated by the Supervisor of the Department of Public Works, the Supervisor or his designee shall certify the cost thereof to the Township Committee of the Township of Deerfield, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become 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 Deerfield Township Tax Collector.

§ 148-16 Violations and penalties.

A. Any owner, tenant, occupant, managing agent, executor, administrator or other similar person who violates any provision of this chapter shall, upon conviction in the Cumberland Salem Regional Municipal Court, or such other court having jurisdiction, be liable for fines and penalties as set forth in the code of the Township of Deerfield. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.

B. The imposition and collection of a fine imposed hereunder shall not bar the right of the Township of Deerfield to collect the cost of removal in the manner as permitted herein, or by summary action, in a court of law, and the remedy herein provided shall be cumulative.

§ 148-17 Planting, growing or cultivation of invasive plant species.

A. Purpose. This section is adopted to control the planting, cultivating, and/or growing of bamboo and other invasive plant species in the Township of Deerfield. It is further intended to require barriers that will prevent the spread of invasive plant species, such as bamboo, into other areas in the Township of Deerfield.

B. Definitions. All native and nonnative vines and vegetation that grow out of place and are competitive, persistent and pernicious; those plants may damage trees, vegetation, sidewalks or structures. Examples include, but are not limited to, bamboo as well as invasive plant species developed by the New Jersey Species Strike Team and the New Jersey Forestry Association. The terms "bamboo" and "invasive plant species" shall include, but not be limited to, the following plant genera (commonly known as spreading or running ty): Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblatus, Sasa, Sasaella, Semiarundinaria, ragweed, multi-flora rose kudzu-vine and poison oak or ivy.

C. Prohibition. No owner, tenant or occupant of a property, or person, corporation or other entity, shall plant, install, or cause or permit the planting or installation of invasive plant species such as bamboo within any lot and/or parcel of ground anywhere within geographic boundaries of the Township of Deerfield.

D. Duty to confine; inspection and approval of Code Enforcement Officer.

(1) If there exists any species commonly known as "bamboo-running or clumping," or any other invasive plant species located upon any property within the Township of Deerfield prior to the effective date of this section, there shall be a duty to confine imposed upon the owner or occupant of the property. The duty to confine shall require owners and occupants to prevent the encroachment, spread, invasion or intrusion of bamboo and other invasive plant species onto any other private property, public property, or public right-of-way.

(2) All places and premises in the Township of Deerfield shall be subject to inspection by the Code Enforcement Officer when there is reason to believe that any section of this chapter is being violated.

(3) Property owners who seek to confine bamboo or other invasive plant species must do so in accordance with methods approved by the Township of Deerfield Code Enforcement Officer. The Code Enforcement Officer may permit, inspect and approve methods of confinement and amend the requirements of said confinement from time to time. The Code Enforcement Officer may also permit, inspect and approve proper methods for full removal of bamboo or other invasive plant species.

(4) Failure to confine bamboo or other invasive plant species m accordance with the requirements set forth by the Code Enforcement Officer shall require immediate removal by the property owner or occupant.

(5) An owner or occupant with property containing bamboo or other invasive plant species prior to the adoption of this Section may fully remove the bamboo or other invasive plant species in lieu of the duty to confine. Such removal must conform with the requirements set forth by the Code Enforcement Officer.

§ 148-18 Proper method of confinement and mandatory setback.

A. Bamboo and other invasive plant species shall be considered properly confined when its root system is entirely contained within an above-ground level planter, barrel or other vessel of such design, material and location as to completely prevent the root system's growth beyond the container in which it is planted.

B. When properly confined as described herein, all bamboo and invasive plant species shall be located, trimmed, and maintained so that no part of the plant shall be closer than 10 feet from any property line.

§ 148-19 Encroachment.

A. Encroachment on public property; rights of Township. When an encroachment of bamboo or other invasive plant species occurs upon public property or public right of way, the Township of Deerfield may remove or contract for the removal of such bamboo or other invasive plant species from the public property or right-of-way. The cost of removal shall be the responsibility of the property owner and shall be assessed as a lien against the property on which the growth originated. The cost of removal of the bamboo and other invasive plant species shall also include the installation of an appropriate barrier to prevent future invasion onto the public property or right-of-way.

B. Encroachment on private property; rights of property owner. Nothing herein shall be interpreted as limiting the rights of a private property owner to seek civil relief through a court of proper jurisdiction, nor the institution of civil proceedings against the proper parties.

§ 148-20 Recovery of costs.

A. The cost of corrective action, together with any civil penalties, legal fees and other costs, shall be recoverable from the responsible party.

B. Whenever it shall be deemed for the preservation of the public health, safety and welfare, or to eliminate a fire hazard, the Supervisor of the Department of Public Works or his designee shall require any owner, tenant, occupant, managing agent, executor, administrator or other similar person to remove or destroy brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris from the property or within the entire perimeter of the property that extends to the curbline of the roadway abutting his property, within five days after receipt of notice to remove or destroy the same.

C. All such obnoxious growth and debris shall be collected and either removed from the premises or accumulated in trash cans, bags or other similar containers for removal by any appropriate sanitation service; the property shall be cleared within the entire perimeter of the property and extend to the curbline or gutter line of the adjoining roadway, as the case may be.