[HISTORY: Adopted by the Township Committee of the Township of Mansfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-2008 by Ord. No. 2008-11]
The Code of the Township of Mansfield is hereby amended to include the following provisions intended to address and correct exterior property maintenance deficiencies within the Township:
A. 
All areas of the exterior property and premises, including but not limited to open porches, open structures, decks and driveways, shall be free from any accumulation of rubbish, garbage, nonfunctioning vehicles or other nonfunctioning or unused equipment.
B. 
All areas of the exterior property and premises, including but not limited to open porches, open structures, decks and driveways, shall be free from any accumulations of furniture, toys, bicycles, tires, construction supplies and equipment, landscaping supplies, empty and unused storage containers or other similar items, except as permitted by the limited exception set forth in Subsection C herein.
C. 
Construction and landscaping materials and equipment may be stored on exterior areas of the property and premises, including open porches, open structures, decks and driveways, but only if said materials and equipment are neatly secured or covered and so long as said materials and equipment are removed within 90 days of the last date work was performed on the property and premises with that specific type of material or piece of equipment.
A. 
The Chief of Police or any member of the Police Department, Fire Chiefs or their designee, Public Works Superintendent, Construction Official and Zoning Officer, Engineer, or other Township official designated by the Township Committee shall be considered the proper officers to investigate the above-described hazards and to issue a notice of abatement to the property owner either via hand delivery or registered mail, requiring full remediation within 10 days. Where the owner cannot be located, notice shall be forwarded to the last known address of the record owner as shown on the tax records of the Township of Mansfield.
[Amended 9-28-2011 by Ord. No. 2011-18]
B. 
In the event that any owner shall refuse to comply with a notice of abatement from the Township within 10 days from the date of service of said notice, the offending items may be removed from said lands and discarded under the direction and at the expense and cost of the Township. The Township's cost shall be at least in the sum of $100 per hour for labor and all other costs of removal shall be incorporated in a certification and, if found correct by the Township Committee, shall be charged against said lands and shall forthwith become a lien upon such lands to be added to and become and form part of the taxes next to be assessed and levied upon such lands. Said lien shall bear interest at the same rate as taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
Any property owner who shall be found in violation of any of the provision of this article may, upon conviction, also be fined and punished as provided for in § 1-17 of this Code. Each day that any violation of this article shall continue without abatement may be deemed a separate and additional violation.
[Adopted 7-12-2023 by Ord. No. 2023-19]
It shall be the duty of the owner of any lands in the Township of Mansfield to maintain, trim, upkeep, and, if necessary, remove, and/or cause to be removed any and all trees located on their property or on any property located between their property and a public roadway adjacent to their property. The maintenance shall be performed in a manner so as to prevent the risk of any potential injury, bodily harm, and/or death, and preserve the public health, safety and general welfare of the public at large.
If any condition exists in violation of this article, the Township Zoning Officer, the Supervisor of the Department of Public Works, or the Township Committee or its authorized agent, shall notify the owner of the property of such condition(s) in writing, by regular mail, or via personal delivery. The owner of the property shall have 45 days from the date of such notice to cure the condition(s) so noticed. The Zoning Officer or the Supervisor of the Department of Public Works shall reinspect the land in question after the forty-five-day period had expired to determine if the condition has been remediated. The property owner may, within 15 days of receiving the notice from the Township, make a written application for an extension of time to remediate the condition, which may be granted for a good cause shown.
If the Zoning Officer, Supervisor of the Department of Public Works, the Township and/or its authorized agent determine(s) that the owner of a property has failed to remediate the condition described in this article within 45 days if the notice, the following shall occur:
A. 
A complaint shall be issued by the Zoning Officer, the Supervisor of the Department of Public Works, or the Township's authorized agent for the violation(s) of this article, which complaint shall be brought before the Municipal Court of the Township of Mansfield;
B. 
If it is necessary to preserve the public health, safety, and/or general welfare of the Township and its residents, the Zoning Officer, the Supervisor of the Department of Public Works, or the Township's authorized agent shall cause the condition(s) to be abated and/or remedied and shall certify the cost of such abatement and/or remediation shall be paid by the owner within 30 days of the date of the mailing by which the invoice is sent to the owner.
The amount of cost of tree maintenance incurred by the Township shall be a municipal lien against the real property upon which such cost was incurred. The public officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form 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 officers and in the same manner as taxes.
Any person who violates any provision of this article may be subject to a civil penalty for each offense of not more than $200. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.