Township of Robbinsville, NJ
Mercer County
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Table of Contents
Table of Contents
[Adopted 12-31-2001 by Ord. No. 2001-37 as § 12-2 of the 2001 Code; amended in its entirety 2-12-2009 by Ord. No. 2009-8]

§ 187-4 Removal required.

Wherever it shall be deemed for the preservation of the public health, safety and welfare or to eliminate a fire hazard, the Division of Housing or its designee shall require any owner, tenant, occupant, managing agent, executor, administrator or other similar person to remove or destroy brush, grass, weeds (including ragweed) exceeding 12 inches in height, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after receipt of notice to remove or destroy same. The portion of this section applying to brush, grass and weeds (including ragweed) exceeding 12 inches in height shall apply only to lots located within 200 feet of a dwelling house located on the same or other premises without regard to what zone the subject premises or the dwelling house is located in. The two-hundred-foot distance shall be measured from the nearest lot lines of the lot upon which the dwelling is located and the lot upon which the brush, grass, weeds (including ragweed) exceeding 12 inches in height is located.

§ 187-5 Service of notice of violation; filing of action.

The Division of Housing or its designee shall serve written notice upon any such person described in § 187-1, describing the condition of the premises and demanding that the condition be abated within 10 days of receipt of the notice or an appropriate complaint of violation of this section shall be filed, subjecting the person, upon conviction, to the penalty stated in Chapter 1, Article II, General Penalty.

§ 187-6 Posting of notice on premises.

In the event that personal service cannot be made because the owner or agent is not a resident of the Township, or in the event that service by certified mail is unaccepted, then the Division of Housing or its designee shall post the notice in a conspicuous place on the premises.

§ 187-7 Failure to remove; removal by Township.

Where the owner, tenant or other person set forth in § 187-4 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 same, or upon the expiration of 10 days following posting of notice as provided in § 187-6 above, the Division of Housing or its 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.

§ 187-8 Payment of removal costs.

In all cases where such conditions are abated by the Division of Housing, the Division of Housing or its designee shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown to be charged against the land. The amount charged shall become a lien upon such land and shall 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 Township Tax Collector.

§ 187-9 Placement of debris in right-of-way prohibited; collection and removal.

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 the owner and placed upon any Township 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 curbline or gutter line of the adjoining roadway, as the case may be.

§ 187-10 Violations and penalties.

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 article shall be liable to the penalty stated in Chapter 1, Article II, General Penalty.
B. 
The imposition and collection of a fine imposed hereunder shall not bar the right of the Township 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.

§ 187-10.1 Trimming responsibility of abutting property owner.

[Added 7-29-2016 by Ord. No. 2016-23]
The owner or occupier of lands lying within the Township abutting any public roadway shall keep all trees, brush, hedges and other plant life growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways cut to a height of not more than two and one-half feet where it shall be necessary and expedient for preservation of the public safety.

§ 187-10.2 Notice of violation; removal by Township.

[Added 7-29-2016 by Ord. No. 2016-23; amended 11-2-2016 by Ord. No. 2016-35]
If, within 10 days after notice to cut and remove such trees, brush, hedges and other plant life as required in § 187-10.1 is given by or under the direction of the Code Enforcement Official, Zoning Officer, Chief of Police and/or Director of Public Works, the owner or occupier fails, refuses or neglects to cut or remove the same, the Township shall forthwith cause the same to be cut and removed. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, and shall set forth that, unless such trees, shrubs, hedges and other plant life are cut, the Township shall cut or cause the trees, shrubs, hedges or other plant life to be cut pursuant to N.J.S.A. 40:48-2.26.

§ 187-10.3 Cost of removal to be lien.

[Added 7-29-2016 by Ord. No. 2016-23]
A. 
In all cases where the trees, brush, hedges and other plant life are cut and removed from said roadway by or under the direction of an officer of the Township as set forth in § 187-10.2, above, the reasonable cost of such removal, as determined by the Township Council, shall be charged against such land. The amount so charged shall become a lien upon such land, and shall be added to the taxes next to be assessed and levied upon such land. The same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector and in the same manner as taxes.
B. 
Subsection A of this section is in addition to penalties for violation, which may be assessed under § 187-10.4.

§ 187-10.4 Violations and penalties.

[Added 7-29-2016 by Ord. No. 2016-23]
A. 
Any owner, tenant, occupant, or other similar person who shall have refused or neglected to cut the same in the manner and within the time provided herein above, or any person who violates any provision of this article shall be liable to the penalty stated in Chapter 1, Article II, General Penalty.
B. 
The imposition and collection of a fine imposed hereunder shall not bar the right of the Township 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.