[HISTORY: Adopted by the Merchantville Borough Council 8-9-1999 by Ord. No. 99-05. (This ordinance repeals former Chapter 14, Brush, Grass and Weeds,
adopted 8-11-1975 by Ord. No. 503.) Amendments noted where applicable.]
A.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Director 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 city 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.
The Director of the Department of Public Works, or his designee, shall serve written notice upon any such person described in Section 14-1, describing the condition of the premises and demanding that the condition be abated within 10 days of receipt of said notice, or an appropriate Complaint shall be filed in violation of this chapter, subjecting said person, upon conviction, to a fine not to exceed $500.00.
In the event that personal service cannot be made because the
owner or agent is not a resident of the Borough of Merchantville,
or in the event that service by Certified Mail is unaccepted, then
the Director of the Department of Public Works or his designee shall
post said notice in a conspicuous place on the premises.
Where the owner, tenant or other person set forth in Section 14-1 above, shall have refused and neglected to remove or destroy any such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris within 10 days after receipt of notice to remove or destroy the same, or upon the expiration of ten days following posting of notice as provided in Section 14-3 above, the Director of the Department of Public Works, or his designee, shall cause same to be removed, at the expense of the owner, tenant, occupant, managing agent, executor, administrator, or other similar person, as the case may be.
In all cases where such conditions are abated by the Director
of the Department of Public Works, this Director or his designee shall
certify the cost thereof to the Council of the Borough of Merchantville,
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 Borough of Merchantville
Tax Collector.
A.
Any owner, tenant, occupant, managing agent, executor, administrator
or other similar person who shall have refused or neglected to remove
or destroy any such brush, weeds, dead or dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash or debris, after service of
the 10 day notice as herein provided, or any person who violates any
provision of this chapter, shall be subject to a fine not to exceed
$500.00, upon conviction in the Borough of Merchantville Municipal
Court.
B.
The imposition and collection of a fine imposed hereunder, shall
not bar the right of the Borough of Merchantville 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.
[Added 6-13-2022 by Ord. No. 22-06]
A.
Purpose. This section is adopted to control the planting, cultivating,
and/or growing of bamboo in the Borough of Merchantville. It is further
intended to require barriers that will prevent the spread of bamboo
into other areas in the Borough of Merchantville.
B.
BAMBOO
Definitions.
Is one of any of various woody or arborescent grasses (as
of the genera Bambusa, Arundinaria, and Dendrocalamus of the subfamily
Bambusoideae) having hollow stems, thick rhizomes, and shoots that
are used for food.
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 bamboo within any lot and/or parcel
of ground anywhere within geographic boundaries of the Borough of
Merchantville after the effective date of this section.
[Ord. No. 22-06 was adopted 6-13-2022]
D.
Property owner's duty to confine.
(1)
If there exists any species commonly known as "bamboo-running or
clumping" upon any property within the Borough of Merchantville after
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 onto any other private property, public
property, or public right of way.
(2)
Effective 270 days following adoption of this section, any owner
that fails, has refused or neglected to properly confine bamboo or
other invasive plant species in accordance with the requirements set
forth in this section shall, upon at least one warning by a Code Enforcement
Officer be subject to a fine not to exceed $250, upon conviction in
the Borough of Merchantville Municipal Court.
(3)
An owner or occupant with property containing bamboo on the effective
date of this section shall be required to fully remove the bamboo
prior to the issuance of a Resale Certificate of Occupancy.
[Added 6-13-2022 by Ord.
No. 22-06]
A.
Bamboo 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, and material and as to completely
prevent the root system's growth beyond the container in which
it is planted, in a manner that is contained by a properly constructed
barrier system or in a location with a sufficiently maintained buffer
that prevents the spread of roots underground.
B.
When properly confined as described herein, all bamboo shall be located,
trimmed, and maintained so that no part of the plant shall encroach,
spread, or intrude onto any other private property, public property,
public right of way or in a manner that damages property, structures,
or fencing.
[Added 6-13-2022 by Ord.
No. 22-06]
A.
Encroachment on public property; rights of Borough. When an encroachment
of bamboo occurs upon public property or public right of way, the
Borough of Merchantville may remove or contract for the removal of
such bamboo 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 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.
[Added 6-13-2022 by Ord.
No. 22-06]
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 Director 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 his property or within the entire perimeter
of the property that extends to the curb line 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 curb line or gutter line of the adjoining roadway,
as the case may be.
