[Added 3-13-2019 by Ord. No. 2019-05]
The purpose of this article is to protect the public health,
safety, morals and welfare by establishing minimum standards governing
the maintenance, appearance and condition of residential properties
and fixing penalties for any violations of this article.
As used in this article, the following terms shall be defined
and mean:
The Township enforcement officer shall be defined as the
Zoning Officer, Health Officer, Chief Construction Official, Township
Engineer or any other Township officials so designated by the Township
Committee to enforce the provisions of this article. Nothing herein
shall preclude any Township employee engaged in the enforcement of
laws and ordinances from enforcing the provisions hereof. The Construction
Official shall be responsible for enforcement of violations of the
New Jersey Uniform Construction Code.
Those portions of a residential structure or accessory structure
on residential property which are exposed to public view and the surrounding
open space.
The following shall be considered nuisances and hazards for
the purposes of this article:
Any residential structure or accessory structure in disrepair
by reason of deteriorating conditions or storm damage;
Out-of-service swimming pools in disrepair by reason of deteriorating
conditions or storm damage;
Dead, rotting or diseased trees;
Loose and overhanging tree limbs;
Accumulated junk, litter, debris, rubbish, garbage or trash;
Accumulated hazardous, noxious or unhealthy substances or materials;
and
Overgrown or neglected lawns, bushes, trees, shrubbery and landscaping.
The owner of the property or person in charge of the property.
An open space extending between the closest point of any building and lot line or street line, excluding those portions of the yard that are critical areas as defined in § 188-3 and/or subject to conservation restrictions.
A.Â
Property owners are subject to and required to comply with the provisions of Chapter 124, Brush, Grass and Weeds. Property owners shall not permit trees, bushes, limbs, shrubbery flowers and/or other vegetation to interfere with street and sidewalk traffic or impair the visibility of official street or traffic control signs or visibility at an intersection of a public street or driveways. An owner or person in charge of property that abuts a street or sidewalk, including the right-of-way, shall keep all trees and bushes trimmed so that any overhanging portions are at least eight feet above the sidewalk and at least 13 feet and six inches above the roadway.
B.Â
Property owners are responsible for the maintenance of all trees,
bushes, landscaping and other vegetation on their property and the
adjoining right-of-way to the edge of the roadway, or roadways in
the case of corner lots.
C.Â
No property owner shall allow dead or decaying trees to stand if
it is a hazard to adjoining properties or the public right-of-way,
including sidewalks and roadways. Cost of removal is at the property
owner's expense.
D.Â
Property owners are responsible for the timely removal of leaves
and tree limbs which fall into the sidewalk, street or other public
right-of-way. No owner or hired contractor of the property owner shall
sweep or rake grass clippings, leaves or tree limbs onto sidewalks,
roadways or other public rights-of-way.
E.Â
No property owners shall allow any fence, structures or vegetation
to obstruct the sight visibility at a street intersection or driveway.
No fences shall be installed within any right-of-way or easement.
F.Â
Property owners are responsible for the maintenance of any ditches,
swales, drainage pipes or other stormwater management facilities on
their property, within any drainage easements on their property and
within the adjoining right-of-way of their property to the edge of
the roadway. The Township does not maintain drainage ditches, swales,
drainage pipes or other stormwater management facilities on private
properties or within easements unless expressly set forth in a maintenance
agreement approved by the Township Committee and executed on behalf
of the Township.
G.Â
Property owners are responsible for their own driveway to the edge
of the roadway. This includes the driveway apron, curbing and driveway
piping, even if located within the Township right-of-way. Driveways
are for the use of the private property owner, so all costs to maintain
these driveways are the responsibility of the property owner.
H.Â
Property owners shall keep the property free of all nuisances and
hazards.
I.Â
Property owners shall keep the property free of accumulations of
water, vegetation or other matter which might serve as a source of
food or a harboring or breeding place for infestation.
J.Â
Property owners shall keep the grass in the yard cut and maintained
so as to prevent the grass from growing to seed or exceeding 14 inches
in height.
The enforcement officer, upon determination of any violation
of the provisions of this article, or any other applicable ordinances,
statutes or regulations, shall serve a notice of such violation on
the property owner by personal service, registered mail or posting
of notice in a noticeable place on the property. The notice shall
advise the property owner of the violation and the obligation to remedy
the same within 10 days from the date of the notice. If the violation
is not remedied to the satisfaction of the enforcement officer within
said 10 days, the enforcement officer may issue a summons to the property
owner. The enforcement officer may also request the governing body
to adopt a resolution authorizing the municipality to abate the violation
and place the property in compliance with the provisions of this article
and any other applicable ordinances, statutes or regulations at the
property owner's sole cost and expense and impose a lien on the
property for all costs and fees associated therewith.
Upon adoption of a resolution by the governing body, the municipality
may abate any nuisance, hazard or violation and place the property
in compliance with the provisions of this article and any other applicable
ordinances, statutes or regulations. The enforcement officer shall
certify the costs thereof to the governing body. The governing body
shall review the certificate of costs and, if found acceptable, authorize
a lien to be placed against the property. The amount of the lien shall
be added to the taxes to be assessed and levied upon the property.
The amount of the lien shall also bear interest at the same rate as
taxes and be collected in the same manner as any other taxes assessed
and levied upon the property.
Any property owner, person or entity that violates any provision of this article shall, upon conviction thereof, be subject to the penalties set forth in Chapter 1, General Provisions, Article II, Penalties. Each day a violation continues shall constitute an additional separate and distinct offense.
