[Ord. No. 232 § 1]
It shall be unlawful for any owner or occupant, of premises
abutting or bordering upon any street, avenue, road or highway of
the Township, or within fifty (50) feet of any occupied structure,
to allow any brush, weeds, grass or plants, other than trees, bushes,
flowers or other ornamental plants, to grow to a height exceeding
nine (9) inches, or to allow the accumulation of filth, garbage, trash,
debris or dead or dying tress which will prevent free or uninterrupted
passage or become a public, health, safety or fire hazard thereon.
[Ord. No. 232 § 2;
New; amended 7-16-2020 by Ord. No. 696]
Any owner or owners, occupant or occupants of any premises neglecting to remove any brush, weeds, grass, or plants as aforesaid, dead or dying trees, or any other obnoxious growth, filth, garbage, trash or debris, or other impediments from the lands and premises in the Township within 10 days after being notified to remove the same by the Municipal Clerk or Zoning Officer shall, upon conviction before the Judge of the Municipal Court, be liable to the penalty as stated in Chapter 1, § 1-5.
[Ord. No. 232 § 3;
amended 7-16-2020 by Ord. No. 696]
Upon the failure of any owner or owners, occupant or occupants
of any premises to remove any brush, weeds, grass, or plants as aforesaid,
dead or dying trees, or the accumulation of filth, garbage, trash
or debris within 10 days of notification, the Municipal Clerk or Zoning
Officer shall cause the same to be removed; and the cost thereof shall
be certified to the Tax Assessor whose duty it is to assess and levy
the taxes for the Township, and shall thereon be charged against the
land and premises and become and be a first and paramount lien upon
the land and premises and shall be added to and form a part of the
taxes assessed on the land and premises and collected with and in
the same manner as the taxes next to be assessed and levied upon the
land and premises, the same to bear interest at the same rate as taxes,
and shall be collected and enforced by the Tax Collector in the same
manner as taxes.
[Ord. No. 232 § 4]
The imposition and collection of a fine imposed by this section
shall not bar the right of the Township to collect the cost of removal
in the manner as required in this section, and the remedy shall be
cumulative.
[Ord. No. 644-2015]
It is determined that certain types of the bamboo plant are
invasive and often difficult to control, and can and has caused significant
damage to properties in the Township of Maurice River. The purposes
of this section are to preserve and protect private and public property
from the damaging spread of bamboo, to protect indigenous and other
plant materials from the invasive spread of bamboo, and to maintain
the general welfare of the residents of the Township of Maurice River.
[Ord. No. 644-2015]
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 plant species commonly known as Running Bamboo
upon any property located within the Township of Maurice River. For
the purposes of this section, "running bamboo" means any bamboo in
the genus Phyllostachys, including Phyllostachys aureosulcata.
[Ord. No. 644-2015]
In the event any species commonly known as Running Bamboo is
located upon any property within the Township of Maurice River, prior
to the effective date of this prohibition, the owner and occupant
of said property shall jointly and severally be required to confine
such species to prevent the encroachment, spread, invasion or intrusion
of same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property, and all affected
properties. Failure to properly confine such bamboo shall require
removal as set forth below. The cost of said removal shall be at the
bamboo property owner's expense.
[Ord. No. 644-2015]
a.
In the event Running Bamboo is present on the effective date of this
prohibition and a complaint is received by the Township regarding
an encroachment of any bamboo plant or root, and the Code Enforcement
Officer of the Township of Maurice River after observation and/or
inspection, determines that there is an encroachment or invasion on
any adjoining/neighboring private or public property or public right-of-way
(hereinafter "the affected property"), the Township shall serve notice
to the bamboo property owner in writing that the bamboo has invaded
other private or public property(s) or public right-of-way(s) and
demand remediation of the encroachment of the bamboo from the affected
property and demand approved confinement against future encroachment.
Notice shall be provided to the bamboo property owner, as well as
to the owner of the affected property, by certified, return receipt
requested mail and regular mail. Within forty-five (45) days of receipt
of such notice, the bamboo property owner shall submit to the Code
Enforcement Officer of the Township, with a copy to the owner of the
affected property, a plan for the remediation of the encroachment
of the bamboo from the affected property, which plan shall include
restoration of the affected property after remediation of the encroachment.
Within one hundred twenty (120) days of the receipt of the Code Enforcement
Officer's approval of the plan of remediation and restoration, the
remediation and restoration shall be completed to the satisfaction
of the Code Enforcement Officer of the Township.
The "affected property" owner shall not be required to remediate
the encroachment of bamboo from an adjoining property. As noted above,
that obligation shall be the obligation of the bamboo property owner.
b.
If the bamboo property owner does not accomplish the remediation
of the encroachment from such other private or public property or
public right-of-way in accordance herewith, the Code Enforcement Officer
of the Township Maurice River shall cause a citation to be issued
with a penalty up to one hundred ($100.00) dollars for each day the
violation continues, enforceable through the Municipal Court of the
Township of Maurice River. The Administrative Officer may request
and the Municipal Court may grant, a specific performance remedy.
The Township may also institute civil proceedings for injunctive or
civil relief.
c.
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.
d.
When an encroachment is upon public property or public right-of-way
and the bamboo property owner and/or occupant has not complied with
the written notice provided as set forth above, the Township of Maurice
River, at its discretion, may remove or contract for the removal of
such bamboo from the Township property or public right-of-way. The
cost of such said removal from the Township owned property and/or
public right-of-way shall include the installation of an appropriate
barrier to prevent future bamboo invasion.
[Ord. No. 644-2015]
Any Running Bamboo either planted or caused to be planted or
existing on the effective date of this regulation, may not be replanted
or replaced once such bamboo is or has become dead, destroyed, uprooted
or otherwise removed.
[Ord. No. 651-2017]
- ABANDONED PROPERTY
- Shall mean:
- a. Any property, either residential or commercial that has not been legally occupied for a period of six (6) months and which meets any one of the following additional criteria:
- 1. The property is in need of rehabilitation in the reasonable judgment of the Construction Official and no rehabilitation has taken place during that six-month period;
- 2. Construction was initiated on the property and was discontinued prior to completion, leaving the building unsuitable for occupancy, and no construction has taken place for at least six (6) months as of the date of a determination by the Construction Official;
- 3. At least one installment of property tax remains unpaid and delinquent on the property in accordance with chapter 4 of Title 54 of the Revised Statutes of New Jersey as of the date of a determination by the Construction Official; or
- 4. The property has been determined to be a nuisance by the Construction Official in accordance with section 5 of P.L. 2003, c. 210 (C. 55:19-82).
- 1.
- b. Notwithstanding the above definition of "abandoned property," a property with active electrical service shall not be considered abandoned. Additionally, any property which is maintained to at least the standards set forth in Maurice River Township's Maintenance Ordinance shall not be considered as an abandoned property.
- c. A property which contains both residential and non-residential space may be considered abandoned so long as two-thirds (2/3) or more of the total net square footage of the building was previously occupied as residential space and none of the residential space has been legally occupied for at least six (6) months at the time of the determination of abandonment by the Construction Official and the property meets the criteria of either subsection 1 or subsection 4 above.
- NUISANCE PROPERTY
- A property may be determined to be a nuisance by the Construction Official or Zoning Officer if:
- a. The property has been found to be unfit for human habitation, occupancy or use pursuant to section 1 of P.L. 1942, c. 112 (C. 40:48-2.3);
- b. The condition and vacancy of the property materially increases the risk of fire to the property and adjacent properties;
- c. The property is subject to unauthorized entry leading to potential health and safety hazards; the owner has failed to take reasonable and necessary measures to secure the property; or the municipality has secured the property in order to prevent such hazards after the owner has failed to do so;
- d. The presence of vermin or the accumulation of debris, uncut vegetation or physical deterioration of the structure or grounds have created potential health and safety hazards and the owner has failed to take reasonable and necessary measures to remove the hazards; or
- e. The dilapidated appearance or other condition of the property materially affects the welfare, including the economic welfare, of the residents of the area in close proximity to the property, and the owner has failed to take reasonable and necessary measures to remedy the conditions.A public officer who determines a property to be a nuisance pursuant to paragraphs b through e of this section shall follow the notification procedures set forth in P.L. 1942, c. 112 (C. 40:48-2.3 et seq.)
- OWNER
- Shall mean and include the title holder, any agent of the title holder having authority to act with respect to an abandoned property, any foreclosing entity subject to the provisions of C. 46:10B-51 (P.L. 2008, c. 127, Sec. 17), or any other entity having a legal interest or right or authority to act with respect to the property.
[Ord. No. 651-2017]
a.
Effective January 1, 2017, the owner of any abandoned property as
defined herein shall within thirty (30) days after the building becomes
abandoned property or within fifteen (15) days after assuming ownership
of the abandoned property, whichever is later, file a registration
form for each such abandoned property with the Municipal Clerk on
forms provided by the Municipal Clerk for such purposes. The registration
shall remain valid for the calendar year January 1 through December
31 of each year. The owner shall be required to renew the registration
annually as long as the building remains abandoned property and the
owner shall pay a registration or renewal fee.
b.
Any owner of any building that meets the definition of abandoned
property as of January 1, 2017 shall file a registration form for
the property on or before January 31, 2017 and by January 31 of each
year thereafter. The registration form shall include such information
as set forth on the prescribed Registration form.
c.
The owner shall notify the Municipal Clerk within thirty (30) days
of any change in the registration information by filing an amended
registration form on a prescribed form provided by the Clerk for such
purpose.
d.
The registration form shall be deemed prima facie proof of the statements
therein contained in any administrative enforcement proceeding or
court proceeding instituted by the Township against the owner or owners
of the building.
[Ord. No. 651-2017]
After filing a registration form or a renewal of a registration
form, the owner of any abandoned property shall provide access to
the Township to conduct an exterior or interior inspection of the
building to determine compliance with the Municipal Code, following
reasonable notice, during the period covered by the initial registration
or any subsequent renewal.
a.
The registration form shall include the name, street address and
telephone number of a natural person twenty-one (21) years of age
or older, designated by the owner or owners as the authorized agent
for receiving notices of Code violations and for receiving process,
in any court proceeding or administrative enforcement of any applicable
code. This person must maintain an office in the State of New Jersey
or reside within the State of New Jersey. The statement shall also
include the name of the person responsible for maintaining and securing
the property, if different.
b.
An owner who is a natural person and who meets the requirements of
this section as to location of residence or office may designate him
or herself as agent.
c.
By designating an authorized agent under the provisions of this section
the owner consents to receive any and all notices of Code violations
concerning the registered abandoned property and all process in any
court proceeding or administrative enforcement proceeding brought
to enforce Code provisions concerning the registered building by service
of the notice or process on the authorized agent. Any owner who has
designated an authorized agent under the provisions of this section
shall be deemed to consent to the continuation of the agent's designation
for the purpose of this section until the owner notifies the Municipal
Clerk of a change of authorized agent and in no way releases the owner
from any requirement of this ordinance.
[Ord. No. 651-2017; amended 3-19-2020 by Ord. No. 694]
The initial registration fee for each property shall be $500
for one year. Said fee shall be prorated for the initial year of registration.
All annual registration for abandoned properties, together with the
appropriate fee, shall be due and payable by January 31 of each year.
All fees will be processed through the Municipal Clerk’s office.
The fee for the first annual renewal and for each renewal year thereafter
shall be $500.
[Ord. No. 651-2017]
The owner of any building that has become an abandoned property,
and any person maintaining, operating or collecting rent for any such
buildings that becomes abandoned shall, within thirty (30) days:
a.
Enclose and secure the building against unauthorized entry as provided
in the applicable provisions of the Code of the Township of Maurice
River, or as set forth in any applicable rules and regulations; and
b.
Post a sign affixed to the building indicating the name, the address
and the telephone number of the owner, the owner's authorized agent
for the purpose of service of process (if designated pursuant to Registration
Form Requirements; Property Inspection) and the person responsible
for day-to-day supervision and management of the building, if such
person is different from the owner holding the title or authorized
agent. The sign shall be of a size and placed in such a location so
as to be legible from the nearest public street or sidewalk, whichever
is nearest, but shall be no smaller than 18"X24", and
c.
Secure the building from unauthorized entry and maintain the sign
until the building is legally occupied or demolished or until repair
or rehabilitation of the building is complete.
[Ord. No. 651-2017]
The Municipal Clerk and the Code Enforcement Officer shall be
responsible for the administration of the provisions of this section.
[Ord. No. 651-2017]
a.
Any owner who is not in full compliance with this ordinance or who
otherwise violates any provision of this section or of the rules and
regulations issued hereunder shall be subject to a fine of not less
than one hundred ($100.00) dollars and not more than one thousand
($1,000.00) dollars for each offense. Every day that a violation continues
shall constitute a separate and distinct offense. Fines assessed under
this section shall be recoverable from the owner and shall be a lien
on the property.
b.
For purposes of this section, failure to file a registration form
in time, failure to provide correct information on the registration
form, failure to comply with the provisions under the Requirements
for Owners of Abandoned Property, shall be deemed to be violations
of this section.
Nothing in this section is intended to conflict with or prevent
the Township from taking action against buildings found to be unfit
for human habitations or unsafe structures as provided in applicable
provisions of the Code of the Township of Maurice River. Further,
any action taken under any such Code provision other than the demolition
of a structure shall not relieve the owner from its obligations under
this section.
