[1980 Code § 83-1]
As used in this section:
Any real property within the Town which is not owned by the
Town.
[1980 Code § 83-2; Ord. No. O-35-2014]
The Director of Code Enforcement of the Town is charged with
the enforcement of this section.
[1980 Code § 83-3]
No person shall permit brush, weeds, ragweed, poison ivy, poison
sumac, dead or dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash or debris to exist on any private lands owned or leased
by such person within the Town.
[1980 Code § 83-4; Ord. No. O-35-2014]
Where the Director of Code Enforcement shall deem it necessary
and expedient for the preservation of the public health, safety and
general welfare or to eliminate a fire hazard, he shall serve upon
the owner or tenant of private lands upon which there is brush, weeds,
dead or dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or debris a written notice that the item or items must be removed
within 10 days of service of the notice.
[1980 Code § 83-5]
Service of a notice may be made upon an owner or tenant personally
or, in the case of an owner, by mailing a copy by registered mail,
return receipt requested, to him at the address shown in the Tax Collector's
records.
[1980 Code § 83-6; Ord. No. O-35-2014]
If the owner or tenant shall not comply with the notice, the
Director of Code Enforcement shall cause the debris to be removed
and he or his agents shall be permitted to enter on the lands for
this purpose.
[Ord. No. O-28-12]
Where the Director of the Department of Code Enforcement shall
cause the removal of an item or items from private lands, he shall
certify the cost to the Governing Body, which shall examine the certificate
and, if found correct, shall cause the cost to be charged against
the lands. The amount so charged shall become a lien on the lands
and shall be added to and become and form part of the taxes next to
be assessed and levied on such lands, the same to bear interest at
the same rate as taxes and to be collected and enforced by the same
officers and in the same manner as taxes.
[Added 9-24-2019 by Ord.
No. O-39-2019]
The purpose of this section is to control the planting, growing,
maintaining and/or cultivating of invasive plant species, including,
but not limited to, bamboo, in the Town of Morristown and to require
barriers to prevent the spread of invasive plants into other areas
of the Town.
[Added 9-24-2019 by Ord.
No. O-39-2019]
As used in this section, the following term shall have the meaning
indicated:
All native and non-native vine and vegetation that grow out
of place and are competitive, persistent and pernicious. These plants
may damage trees, vegetation or structures. Examples include, but
are not limited to, bamboo (spreading or running type), burning bush,
Japanese barberry, kudzu vine and multiflora rose.
[Added 9-24-2019 by Ord.
No. O-39-2019]
All persons must control the growth of invasive plants. No person,
resident, citizen, property owner and/or tenant of the Town of Morristown
shall plant, cultivate, or cause to grow, any new invasive plants
on any lot and/or parcel of ground anywhere within the geographic
boundaries of the Town of Morristown, except for 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 locations
or the invasive plant is confined using a rhizome barrier.
[Added 9-24-2019 by Ord.
No. O-39-2019]
The provisions of this section shall not apply to any landowner
or possessor of said land who, who prior to the effective date of
this section, had any invasive plant species on any property within
the Town of Morristown limits. Notwithstanding the foregoing, all
existing plants should be contained by appropriate physical barriers
to prevent the growth or spread of existing invasive species beyond
the boundaries of the landowner's property.
[Added 9-24-2019 by Ord.
No. O-39-2019]
Whenever a complaint is received by the Town of Morristown regarding
the encroachment of any invasive plant or root, or whenever the Town,
on its own observations and inspections, determines that there is
an encroachment of an invasive plant or root on the property of another
landowner, or tenant in possession of the property, or both, a violation
shall be given to the owner of the property from which the invasive
species has spread, in writing, by certified mail, return receipt
requested, to remove or abate the same within 30 days. The cost of
all remedies, including the removal of plantings of invasive plants,
shall be borne by the property owner.
[Added 9-24-2019 by Ord.
No. O-39-2019]
a.
Any person violating the provisions of this section shall, upon conviction, be punishable by a fine consistent with the general penalty in § 1-5 and as determined by the Municipal Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of such violation may be punished as provided above for each separate offense.
b.
Notwithstanding any other penalty or fine which may be imposed under
this section, if an owner fails to comply with the removal or abatement
of an invasive plant, the Town may thereafter remove or otherwise
abate the planting and thereafter recover the costs of such removal
or abatement from the property owner by placing a lien against the
property.
