[HISTORY: Adopted by the City Council of
the City of Rahway 7-9-1984 by Ord. No. A-9-84; amended in its entirety 7-11-1994 by Ord. No.
A-25-94. Subsequent amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Any of various woody or arborescent grasses (as of the genera
Bambusa, Arundinaria, and Dendrocalamus of the subfamily Bambusoideae)
of tropical and temperate regions having hollow stems, thick rhizomes,
and shoots that are used for food.
[Added 10-10-2017 by Ord.
No. O-30-17]
Those portions of a structure which are exposed to public
view or are visible from adjoining or adjacent lots, including all
outside surfaces and appurtenances thereto, and the open land space
of any premises outside of any building or structure erected thereon,
including vacant lots.
Any person who, alone or jointly with several others, shall
have legal or equitable title to any premises, with or without accompanying
actual possession thereof, or who shall have charge, care or control
of any property unit as owner or agent of the owner as lessee, executor,
executrix, administrator, administratrix, trustee, receiver or guardian
of the estate or as a foreclosing mortgagee or mortgagee in possession,
regardless of how that possession was obtained. Any person who is
a lessee subletting or assigning any part of any property or property
unit shall be deemed to be co-owner with the lessor and shall have
joint responsibility over the portion of the premises sublet or assigned
by said lessee.
[Amended 9-14-2015 by Ord. No. O-23-15]
A lot, plot or parcel of land, right-of-way or multiples
thereof, including the building or structures thereon.
[Amended 8-8-2011 by Ord. No. O-23-2011; 9-14-2015 by Ord. No. O-23-15]
Premises shall be kept landscaped, and lawns,
hedges and bushes shall be kept from becoming overgrown. The exterior
of premises shall be maintained so that the appearance thereof shall
reflect the level of maintenance keeping with the standards of the
neighborhood or such higher standards as may be adopted by the City
of Rahway and such that an appearance thereof shall not constitute
a blighting effect upon neighboring properties with an accompanying
diminution in property values. Prohibited conditions include grass
in excess of eight inches in height, weeds, dead and dying trees,
stumps, roots, obnoxious growth, filth, garbage, trash and debris,
the existence or maintenance of which shall be against the public
health, security, and general welfare of the people of the City or
the existence and maintenance of which shall create or tend to create
a fire hazard.
A.
Bamboo planting prohibited; containment.
[Added 10-10-2017 by Ord.
No. O-30-17]
(1)
No person, resident, citizen, property owner, occupant and/or tenant
of property located within the City shall plant, cultivate or cause
to grow any bamboo on any lot, plot or parcel within the geographic
boundaries of the City of Rahway, except:
(a)
Where the root system of the bamboo is sufficiently and entirely
contained in an above ground level planter, barrel or other vessel
of such design, material and location that prevents the spread or
growth of the bamboo's root system and maintained in such a way
that the plant shall not cross any property line, structure, utility
line or public area;
(b)
Where planted underground within an appropriate rhizome barrier
and located, trimmed and maintained such that the plant shall not
cross any property line, structure, utility line or public area; or
(c)
Where bamboo has been planted prior to the effective date and
the owner occupant or operator complies with this chapter and is maintained
such that the plant shall not cross any property line, structure,
utility line or public area.
B.
Maintenance and remediation for existing bamboo.
[Added 10-10-2017 by Ord.
No. O-30-17]
(1)
Where bamboo exists prior to the effective date of this subsection,
such bamboo owner must, within 30 days after the effective date of
the subsection, place the bamboo completely within an appropriate
rhizome barrier, or remove such bamboo.
(2)
The owner of existing bamboo plants shall be liable for any damages
caused by such bamboo to any property.
[Amended 9-14-2015 by Ord. No. O-23-15]
Upon determining that a condition exists as set forth in § 151-2, the Division of Health shall cause written notice to be sent to the owner or tenant, whichever the case may be, ordering the removal and correction of the condition, specifying the manner in which to remove or correct the condition within seven days after said notice is served. In the event that such owner or tenant shall refuse or neglect to remove or correct the condition in the manner and within the time provided hereunder, the Division of Health shall have the right to provide for the removal or correction of the condition.
[Amended 8-8-2011 by Ord. No. O-23-2011; 9-14-2015 by Ord. No. O-23-15; 10-10-2017 by Ord. No. O-30-17]
In all cases where bushes, brush, weeds, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, bamboo growth inconsistent with § 151-2A and B herein, trash and debris are removed from any lands by or under the direction of the Health Officer, such officer shall certify the amount of the cost thereof to the Council, which shall examine the certificate and, if found correct, shall pass a resolution certifying the amount and authorizing said amount to be charged against said lands. The certified costs shall include an administrative fee of $150 to cover the overhead expenses incurred by the City of Rahway. The amount so charged shall forthwith become a lien upon such lands 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 same officer and in the same manner as taxes.
The Division of Health of the city shall be
responsible for the enforcement of this chapter.
[Amended 9-14-2015 by Ord. No. O-23-15]
A.
Any person who violates any provision of this chapter shall, upon
conviction thereof, be punished by a fine not exceeding $2,000 or
by imprisonment for a term not exceeding 90 days, or both. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
B.
The seven-day period set forth in § 151-3 above shall not apply to repeat violators of this chapter. Said repeat violators shall be subject to immediate action by the Enforcement Officer and may immediately be issued a summons for a violation of this chapter. For the purposes of this chapter, repeat violator(s) shall mean a person or persons who have previously been served with a notice of violation within the past year for a substantially similar violation of this chapter pertaining to the same property.
