[HISTORY: Adopted by the Township Committee of the Township of Colts Neck 10-25-1979 (Ch. 42 of the 1969 Code). Amendments noted where applicable.]
Shade Tree Commission — See Ch. 62.
Brush, weeds and plant life — See Ch. 87.
Uniform construction codes — See Ch. 98.
Unfit dwellings — See Ch. 113.
Litter control and improper disposal of waste — See Ch. 149.
Sanitary code — See Ch. 188.
Solid waste — See Ch. 195.
Garbage, refuse and waste matter — See Ch. 247.
Public health nuisances — See Ch. 254.
There be and is hereby adopted a Property Maintenance Code reading as follows.
This chapter shall be known as the "Property Maintenance Code of the Township of Colts Neck" and may be referred to in this chapter in the short form as "this code."
It is hereby found and determined that there exist in the Township of Colts Neck structures used for residential and nonresidential use which are or may become in the future substandard with respect to structure, equipment or maintenance. It is further found that conditions of the above-described property, including but not limited to structural deterioration, lack of maintenance and appearance of the exterior of premises, infestation, lack of essential heating, plumbing, storage of refrigeration equipment, lack of maintenance or upkeep of essential utilities and facilities, existence of fire hazards, inadequate provisions for light and air, unsanitary conditions and overcrowding, constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens and inhabitants of the Township of Colts Neck. The Colts Neck Township Committee further finds and declares that, by reason of lack of maintenance and the existence of progressive deterioration, certain properties have the further effect and/or the further potential effect of creating blighted conditions that, if the same are not curtailed and removed, the aforesaid conditions will grow and spread and will necessitate in time the expenditure of large amounts of public funds to correct and eliminate the same and that, by reason of timely regulation and restrictions as herein contained, the growth of depressed areas, slums and blight may be prevented. It is further found that such prevention will maintain neighborhood and property values, as well as the desirability and amenities of residential and nonresidential uses; and it is further found that such prevention will protect and foster the public health, safety and welfare.
The purpose of this code is to protect the public health, safety, morals and welfare of citizens and inhabitants of the Township of Colts Neck by establishing minimum standards governing the maintenance, appearance, condition and occupancy of residential and nonresidential premises; to establish minimum standards governing utilities, facilities and other physical components and conditions essential to make the aforesaid facilities fit for human habitation, occupancy and use; to fix certain responsibilities and duties upon owners and operators and distinct and separate responsibilities and duties upon occupants; to authorize and establish procedures for the inspection of residential and nonresidential premises; to fix penalties for the violations of this code; and to provide for the repair, demolition or vacation of premises unfit for human habitation or occupancy or use.
The following terms, wherever used herein or referred to in this code, shall have the respected meanings assigned to them, unless a different meaning clearly appears from the context. All definitions of the BOCA Basic Building Code are hereby included.
- The condition of a building or structure or part thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay or neglect, lack of maintenance or excessive use.
- EXPOSED TO PUBLIC VIEW
- Any premises or any part thereof of any building or structure or any part thereof which may be lawfully viewed by the public or any member thereof.
- EXTERIOR OF THE PREMISES
- Open space on the premises outside of any building located thereon.
- The control and elimination of insects, rodents and vermin.
- FOR HIRE
- To demand and/or accept payment or compensation for completion
of services.[Added 2-27-2019]
- Putrescible and vegetable waste resulting from the handling, preparation, cooking and/or consumption of food. (See also "refuse" and "rubbish.")
- HABITABLE ROOMS
- Rooms used or designed for use by one or more persons for living or sleeping or cooking and eating, but not including bathrooms, water-closet compartments, home laundries, serving and storage pantries, corridors, foyers, vestibules, cellars, heater rooms, boiler rooms or utility rooms. Other rooms or spaces that are not used frequently or for an extended period of time or have less than 50 square feet of interior floor area shall not be considered as habitable rooms.
- The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard either to the occupants of the premises and/or to surrounding properties and/or residents.
- LANDSCAPE or LANDSCAPING ACTIVITY
- To be in the business, occupation or trade of adorning or
improving property or portions of property by trimming or cutting
grass and/or shrubs; by planting, installing or removing leaves, branches,
grass, flowers, mulch, hedges or shrubs; or by planting, removing
or installing trees. As used in this chapter, landscape and landscaping
shall also refer to solicitation of the above-referenced services.[Added 2-27-2019]
- MIXED OCCUPANCY
- Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses or as a motel.
- A. Any public nuisance recognized in common law or in equity jurisprudence or as provided by the statutes of the State of New Jersey or the ordinances of the Township of Colts Neck.
- B. Any attractive nuisance which may prove detrimental to the health or safety of children, whether in a building, on the exterior of premises or upon an unoccupied lot. Attractive nuisances include but are not limited to: abandoned wells, shafts, basements, excavations, abandoned swimming pools, abandoned ice boxes and/or refrigerators, motor vehicles, any structurally unsound fences or structures, lumber, trash, fences, debris or vegetation such as poison ivy, oak or sumac which may prove hazardous for inquisitive minors.
- C. Physical conditions dangerous to human life or detrimental to the health of persons on or near the premises where the conditions exist.
- D. Overcrowding of a room with occupants in violation of the State Fire Code.
- E. Inadequate or unsanitary sewage or plumbing facilities in violation of this code.
- F. Unsanitary conditions or anything offensive to the senses or dangerous to health in violation of this code.
- G. Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.
- H. Fire hazards, which shall include but not be limited to the maintenance and/or storage of combustible materials, the maintenance and/or storage of flammable chemicals and/or the maintenance of an uncontrolled open fire.
- Any person who has charge, care or control of a dwelling or premises or any part thereof, whether with or without the knowledge and consent of the owner.
- Any person who, alone or jointly or severally with others, shall have legal or equitable title to any premises, with or without accompanying actual possession thereof, or who shall have charge, care or control of any dwelling unit as owner or agent of the owner or as executor, executrix, administrator, administratrix, trustee, receiver or guardian of the estate or as a mortgagee in possession, regardless of how such possession was obtained. Any person who is a lessee subletting or assigning any part of any dwelling or dwelling unit shall be deemed to be a co-owner with the lessor and shall have joint responsibility over the portion of the premises sublet or assigned by said lessee.
- PARTIES IN INTEREST
- All individuals, associations and corporations who have interest of record in a building and any who are in actual possession thereof.
- Any individual or entity whose existence is recognized by
law, including, but not limited to, any partnership, corporation (for-profit,
nonprofit or municipal or its agencies), firm, association or any
combination of the foregoing.[Added 2-27-2019]
- A lot, plot or parcel of land, including the buildings or structures thereon.
- PUBLIC AUTHORITY
- Any officer who is in charge of any department or branch of the government of the Township of Colts Neck, County of Monmouth or State of New Jersey, relating to health, fire, building regulations or to other activities concerning buildings in the municipality.
- All putrescible and nonputrescible solid waste (except body waste), including but not limited to garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes. (See also "garbage" and "rubbish.")
- Nonputrescible solid waste consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. (See also "garbage" and "refuse.")
- A machine propelled by other than human power, designed to
travel along the ground by use of wheels, treads, runners or slides
and to transport persons or property or pull machinery, including
an automobile, truck, trailer, motorcycle, tractor, buggy, wagon,
lawn mower and boats.[Added 7-30-1987]
Editor's Note: The definition of "abandoned vehicle," which definition immediately preceded this one, was deleted 7-30-1987.
Every residential, nonresidential or mixed occupancy building and the premises on which it is situated, used or intended to be used for dwelling, commercial, business or industrial occupancy, shall comply with the provisions of this code, whether or not such building shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been issued for the use or occupancy of the building or premises, for the construction or repair of the building or for the installation or repair of equipment or facilities prior to the effective date of this code.
In any case where the provisions of this code impose a higher standard then set forth in any other ordinance of the Township of Colts Neck or under the laws of the State of New Jersey, then the standards as set forth herein shall prevail; but if the provisions of this code impose a lower standard than any other ordinance of the Township of Colts Neck or of the laws of the State of New Jersey, then the higher standard contained in any such other ordinance or laws shall prevail.
No license or permit or other certification of compliance with this code shall constitute a defense against any violation of any other local ordinance applicable to any structure or premises or use of such structure or premises, nor shall any provision herein relieve any owner, operator, tenant or occupant from complying with any such other provision or any official of the Township of Colts Neck from enforcing any such other provision.
The exterior of the premises and all structures located on the premises shall be kept free of all nuisances and any hazards to the safety of occupants, pedestrians and other persons utilizing the premises and shall be free of unsanitary conditions. Any of the foregoing shall be promptly removed and abated by the owner, occupant and/or operator. It shall be the duty of the owner, occupant and/or operator to keep the premises free of hazards, which include but are not limited to the following:
Brush, weeds, broken glass, stumps, roots, obnoxious growth, filth, garbage, trash, refuse and debris.
Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitute a hazard and/or a potential hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
Loose and overhanging objects and accumulations of ice and snow which, by reason of location above ground level, constitute a danger of falling on persons in the vicinity thereof.
Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises. All such holes and excavations shall be filled and repaired, walks and steps replaced and other conditions removed where necessary to eliminate hazards or unsanitary conditions with reasonable dispatch upon their discovery. This subsection does not apply to single-family dwellings.
Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulations of stormwater.
Sources of infestation.
Foundation walls shall be kept structurally sound, free from defects and damage and capable of bearing imposed loads safely.
Chimneys and all flue and vent attachments thereto shall be maintained, structurally sound, free from defects and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, shall be structurally safe, durable and smoketight and capable of withstanding the action of flue gases.
Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazard of falling; and the same shall be kept structurally sound, in good repair and free from defects.
No person shall abandon a vehicle within the township and no person shall leave a vehicle at any premises within the township for such time and under such circumstances as to cause the vehicle to reasonably appear to be abandoned. It shall be presumed that a vehicle is abandoned if it is without a currently valid license plate (if applicable) and is in either a rusted, wrecked, discarded, partially dismantled, dismantled, inoperative or stripped condition. It shall also be deemed a presumption of an abandonment if any vehicle in either a rusted, wrecked, discarded, partially dismantled, dismantled, inoperative or stripped condition with a current valid license plate (if applicable) remains on the business or commercial premises occupied by someone other than the owner of said vehicle for a period of more than 72 hours unless the vehicle is in an enclosed building or the vehicle is located in an appropriate storage place or depository lawfully maintained within the township.
No person shall leave any partially dismantled, nonoperating, wrecked, junked or abandoned vehicle on any township property, street or highway within the township.
No person in charge or control of a residential premises within the township, whether as an owner, tenant, occupant, lessee or otherwise, shall allow partially dismantled, nonoperating, wrecked, junked, discarded or abandoned vehicles to remain on a property longer than 72 hours. No person shall leave any such vehicle on the property within the township for a period of time longer than 72 hours. This subsection shall not apply to a vehicle in an enclosed building, provided that not more than two currently unregistered and/or uninspected motor vehicles shall be permitted on any property in a residential district.
No rusted, wrecked, discarded, partially dismantled, dismantled, inoperative or stripped vehicle or abandoned vehicle shall be stored upon any surface other than that of concrete or other approved nonabsorbent combustible material. This provision shall not apply to construction vehicles stored at a construction site or farm vehicles stored at a farming site.
Trees and shrubs installed along a public right-of-way in such a manner that their installation and/or improper maintenance poses a threat to pedestrians or operators of motor vehicles utilizing the public right-of-way, as determined by the Director of Public Safety or his or her representative.
No commercial trailer, whether attached to a motor vehicle or not, shall be parked, stored or maintained overnight on private property or on a private or public right-of-way in any residential district of the Township of Colts Neck unless the same is accessory to a valid nonconforming use existing in such residential district at the time of the adoption of this chapter. Nothing contained herein shall prevent the parking, maintenance or storage of a trailer in a completely enclosed garage or properly screened area. Further, nothing contained herein shall prevent the general use of horse trailers and/or the general use of farm equipment, whether attached to a motor vehicle or not.
Editor's Note: This ordinance also provided that temporary relief from the provisions of this subsection may be granted by the Township Administrator.
The exterior of the premises, the exterior of structures and the condition of accessory structures shall be maintained so that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners. Such maintenance shall include the following:
In a residential zone, there shall not be stored or used at a location visible from the sidewalk, street or other public areas, equipment and materials and/or vehicles relating to commercial or industrial uses unless permitted under Chapter 102, Development Regulations, of the Township of Colts Neck.
Premises with landscaping and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where the same constitutes a blighting factor depreciating adjoining property.
Reconstructed walls and sidings of nonresidential structures shall be of standard quality and appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front such that the materials used will not be of a kind that, by their appearance under prevailing appraisal practices and standards, would depreciate the values of the neighboring and adjoining premises as aforesaid.
The exterior of every structure or accessory structure, including fences, shall be maintained in good repair. The same shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance, to the end that the property itself may be preserved safely, fire hazards eliminated and adjoining properties protected from blighting influences.
Outside building walls shall not have any holes, loose boards or any broken, cracked or damaged finish which admits rain, cold air, dampness, rodents, insects and/or vermin.
Every building shall be so maintained as to be weathertight and watertight.
Basements, cellar and crawl spaces shall be free of moisture resulting from seepage, and cross ventilation shall be required where necessary to prevent accumulation of moisture and dampness, shall be paved with stone or concrete not less than four inches thick and shall be maintained at all times in a condition so as to be smooth, clean, free from cracks, breaks and/or other hazards.
All parts of the premises shall be maintained so as to prevent infestation.
All parts of the dwelling shall be kept in a clean and sanitary condition, free of nuisance and free from health, safety and fire hazards.
Every roof, roof gutter, flashing, rainwater conductor and roof cornice shall be weathertight and raintight and shall be kept in good repair.
The owner or operator shall have the duty and responsibility of removing garbage whenever a janitor is required for the premises in accordance with the provisions of Subsection C.
All accumulations of trash and debris shall be removed daily from collection areas and trash chutes if a trash compactor is not provided or if the existing trash compactor is out of order. In a dwelling containing four or more dwelling units, storage areas or storage bins of fireproof construction and containing fireproof walls and partitions of at least two hours' rating shall be provided.
In every dwelling containing three or more dwelling units or rooming units, or combinations thereof, the owner shall provide or designate a superintendent, janitor, caretaker or housekeeper who shall at all times maintain the premises in compliance with this code and keep the premises free from filthy garbage, refuse and rubbish and who shall be responsible for the daily collection of garbage and other refuse from the occupants on a regular schedule and at a reasonable time place the same out for collection. Said person shall be regularly available on the premises to perform the foregoing duties. In the event that said superintendent, janitor, caretaker or housekeeper does not reside in said premises, the owner or operator shall make his or her name, address and telephone number known to all tenants and shall register same with the Public Officer and shall also make available and known to all tenants and the Public Officer the name of an alternate individual who shall be responsible at all times during the absence of said superintendent, janitor, caretaker or housekeeper to comply with the provisions of this code. Actions of the superintendent, janitor, caretaker or housekeeper or alternative individual referred to in this code, even in disobedience of instructions received from the owner or operator, shall not relieve the owner or operator from the duties and responsibilities imposed by this code. It shall be the obligation of the owner or operator to register the name, address and telephone number of said owner and operator with the Public Officer.
No resident or occupant of residential property in the Township of Colts Neck may lawfully place his or her garbage can, trash can, pail, garbage bag or other receptacle, whether completely or partially filled or empty, out for collection sooner than six hours before the regularly scheduled pickup day.
All residents and occupants of residential properties in the Township of Colts Neck shall return his or her garbage can, trash can, pail, garbage bag or other receptacle to its proper place adjacent to the dwelling house or garage on the premises in question within six hours following the regularly scheduled pickup day.
All residents and occupants of residential properties in the Township of Colts Neck are lawfully obliged to maintain the area where the garbage cans, trash cans, pails, garbage bags or other receptacles are placed for collection in a neat and orderly fashion, taking all reasonable and required steps to see to it that lids on garbage cans and trash cans, pails and other receptacles are in place and that garbage bags are securely tied and that no garbage, trash or refuse is allowed to lie upon the ground or scatter through the neighborhood.
All residents and occupants of residential properties in the Township of Colts Neck shall place their garbage bags or other receptacles out for collection in the front or side yard or, where the property is a through lot, in the front or rear yard of the property within five feet of the curb or street line. No trash receptacles on other than a through lot are to be put out for collection in the rear yard.
[Added 2-6-1990; amended 4-3-1990]
All owners and occupants of commercial and business establishments are obliged to maintain their place of collection of garbage, trash or other refuse in a neat and orderly fashion, taking all reasonable and required steps to see to it that lids on garbage cans, trash cans, pails and other receptacles are in place and that no garbage, trash or refuse is allowed to lie on or upon the ground or scatter through the neighborhood. All business establishments utilizing dumpsters with the receipt of garbage, trash or other refuse are obliged to maintain such facilities in a neat and orderly fashion.
Premises whose lease or express or implied covenants cognizable at common law or in equity, or as provided by the statutes of the State of New Jersey, shall include air conditioning from May 2 until September 14 at a temperature of 78º. Central heat shall be required in all residential and dwelling units from September 15 to May 1 at 65º.
The owners or operators of all business or commercial uses in the Township of Colts Neck providing parking lots utilized by either the general public, customers, deliverymen and/or employees of the business or commercial use shall plow the snow in such a manner as to allow adequate use of the parking lot prior to the opening of business.
No owner or occupant of a business or commercial use in the Township of Colts Neck shall plow, cause to be plowed or allow to be plowed snow from his or her business premises and/or the parking lot onto adjoining properties or onto streets utilized by the general public in the Township of Colts Neck.
All owners, occupants and/or tenants of residential dwellings in Colts Neck Township, and/or persons hired on their behalf for the purpose of snow removal, shall be prohibited from plowing, throwing, stacking or in any other manner moving snow from their property onto the public streets within the Township of Colts Neck.
Snow shall not be accumulated or stored at any of the following locations on any parking lot which contains six or more parking spaces and which is ancillary to any commercial use:
Snow shall not be accumulated or stored, except in accordance with the following standards, within any of the following described sight triangle within any parking lot referred to in Subsection D herein:
Parking lot driveways. Sight triangles of parking lot driveways which intersect public or private streets, as described below, shall not have snow accumulated higher than 2.5 feet (30 inches) inside such sight triangle. The sight triangle for a driveway shall be described by sight points located on the center line of the driveway a distance of 15 feet from the curbline, or the edge of the cartway in the event there is no curbline, or edge of the cartway, of the intersecting public street a distance of 90 feet from the center line of the driveway.
Drive aisles within parking lots. The triangular-shaped area within the parking lot at the intersection of drive aisles shall not have snow accumulated higher than 2.5 feet (30 inches) inside said sight triangle. Such sight triangle shall be described by sight point located at the center line of a parking lot drive aisle a distance of 15 feet from the edge (i.e., geometric plane) of the intersection collector drive aisle and on the center line of the collector drive aisle a distance of 25 feet from the center line of the other driveway.
The provisions of this chapter shall be enforceable by the members of the Colts Neck Township Police Department.
[Amended 4-9-2014; 1-31-2018]
No owner, occupant and/or tenant of a residential property in the Township of Colts Neck shall rake, blow, push, and/or drag leaves from his or her property onto the public streets of the Township of Colts Neck, except in accordance with the following manner:
Only leaves shall be placed along the side of the road for collection. Leaves shall be placed at the curbline or edge of pavement in a neat, loose row and shall not extend onto the paved portion of the street further than three feet and shall not impede traffic or create a safety hazard. Notwithstanding the three-foot encroachment into the street above, no pile of leaves shall be placed to so occupy a street as to interfere with or interrupt the passage of cars or vehicles. Leaf vacuum machines only pick up loose leaves; therefore, leaves shall not be in bags or mixed with any other debris such as grass, limbs, brush, tree stumps, roots, lumber, branches or twigs. Any leaf pile mixed with debris shall not be collected by the Township. It is the property owner's responsibility to dispose of leaf piles mixed with debris.
All leaves placed along the curbline or edge of pavement for collection shall be no closer than 10 feet from any storm drain inlet or stream.
All leaves placed along the curbline or edge of pavement shall be no closer than 25 feet from a street intersection.
Piles of leaves must be placed parallel to the curbline or edge of pavement.
Leaf collection will occur by area and in accordance with the annual schedule established and published by the Department of Public Works. No leaves shall be placed at the curbline or edge of pavement more than two weeks (14 days) prior to the scheduled collection week.
[Amended 9-11-2019 by Ord. No. 2019-17]
Placement of leaves at the curbline or edge of pavement during any other time than the schedule collection period is a violation of this chapter and subject to a summons. In the event leaves are found in front of any person's property within the Township, a rebuttable presumption shall arise that the owner and/or occupant of the property in front of which said leaves are located has improperly disposed of leaves contrary to the provisions of this chapter.
No leaves shall be placed, stored or otherwise disposed of on any public property.
No leaves shall be placed, stored or otherwise disposed of on common open space area without approval of the entity controlling said common open space.
No leaves shall be placed, stored or otherwise disposed of within ponds, lakes, streams, swamps, marshes, wetland buffers, conservation easements, nontidal floodways or similar watercourses.
If the owner, tenant, person in possession of the dwelling or lands, contractor or others employed by the owner fails to abate the improper placement of leaves, the Code Enforcement Officer shall cause the condition to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall certify the cost to the Township Committee, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or lands. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling and lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.
The Township Committee reserves the right to relax or modify these requirements in response to states of emergency or at any time to promote the health, safety or general welfare of the public.
No owner, occupant and/or tenant of a residential property in the Township of Colts Neck shall place, put or stack branches, stumps, trees or parts of trees in the paved right-of-way, except in accordance with the following manner:
Colts Neck is licensed by the State of New Jersey as a Class B recycling center. Only tree branches, tree limbs, tree trunks with a diameter not to exceed four inches, and brush are the sole materials to be received, stored, processed or transferred. Brush mixed with foreign materials, such as: tree stumps, roots, leaves, grass, lumber, fence posts, railroad ties, oversized material or other debris, shall not be collected by the Township. It is the responsibility of the property owner to dispose of brush piles mixed with other debris.
All brush shall be placed at the curbline or edge of pavement and shall not extend onto the paved portion of the street further than three feet and shall not impede traffic or create a safety hazard. Notwithstanding the three-foot encroachment into the street above, no pile of brush shall be placed to so occupy a street as to interfere with or interrupt the passage of cars or vehicles.
All brush placed at the curbline or edge of pavement shall be no closer than 10 feet from any storm drain inlet or stream.
All brush placed at the curbline or edge of pavement shall be no closer than 25 feet to a street intersection.
Brush must be stacked parallel to the curbline or edge of pavement in front of the property in which it originated. Each piece of brush shall be no larger than eight feet in length or four inches in diameter.
No more than 20 cubic yards of brush (one roll-off container truck) may be placed per property for each scheduled collection. Twenty cubic yards is equivalent to a pile approximately five feet high, eight feet in width and 14 feet in length.
Brush must be accessible to machinery for collection or it will not be picked up by the Township.
Brush collection will occur by area and in accordance with the annual schedule established and published by the Department of Public Works. No brush shall be placed at the curbline or edge of pavement more than two weeks (14 days) prior to the scheduled collection week.
[Amended 1-31-2018; 9-11-2019 by Ord. No. 2019-17]
Except brush placed at the curbline or edge of pavement for collection in accordance with Subsections B, C, D, E, F, G and H above, no brush shall be placed, stacked, stored or staged in the right-of-way of a public street.
No brush, leaves or tree cuttings shall be placed, stored or otherwise disposed of on any adjoining private property, without permission of said adjoining property owner.
No brush, leaves or tree cuttings shall be placed, stored or otherwise disposed of on any public property.
No brush or tree cuttings shall be placed, stored or otherwise disposed of on any common open space area without approval of the entity controlling said common open space.
No brush or tree cuttings shall be placed, stored or otherwise disposed of within ponds, lakes, streams, swamps, marshes, wetland buffers, conservation easements, nontidal floodways or similar watercourses.
Placement of brush at the curbline or edge of pavement during any other time than the schedule collection period is a violation of this chapter and subject to a summons. In the event brush is found in front of any person's property within the Township, a rebuttable presumption shall arise that the owner and/or occupant of the property in front of which said brush is located has improperly disposed of brush contrary to the provisions of this chapter.
If the owner, tenant, person in possession of the dwelling or land, contractor or others employed by the owner fails to abate the improper placement of brush, the Code Enforcement Officer shall cause the condition to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall certify the cost to the Township Committee, which shall examine the certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or lands. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such dwelling and lands, shall bear interest at the same rate as taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.
The Township Committee reserves the right to relax or suspend these requirements in response to states of emergency or at any time to promote the health, safety or general welfare of the public.
The owner of all real property, either developed or undeveloped, shall maintain the grass or natural vegetation within a public street right-of-way in a mowed manner to a maximum height of six inches and free and clear of all nuisances and any hazards to pedestrians or other persons utilizing the public right-of-way.
Editor's Note: This ordinance also repealed former § 173-18, Designation of Public Officer.
No person shall landscape for hire or engage in any landscaping activity for hire on any public or private property, whether residential or commercial, within the Township without first registering with the Township’s certified recycling professional via forms to be supplied by the Township.
At the time of registration, applicants shall provide proof that they have received a copy of and will comply with the provisions of the Township Code regarding property maintenance, and Township policies and schedules regulating its brush and branch collection program.
Every registration shall be issued and renewed on an annual basis, effective February of each year, upon payment of an annual fee to the Township in the amount of $40. The first year, 2019 registrations shall be effective in July at a cost of $20 and will run until February 2020.
No registration shall be required for any owner, lessee or tenant of real property who shall personally perform activities otherwise requiring a registration; except that all such work must otherwise comply with the Township’s ordinances, policies and schedules.
The Township makes no guarantee or representation regarding the fitness, knowledge or qualification of any person that is registered by the Township to engage in landscaping for hire.
[Added 1-31-2018; amended 2-27-2019]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
Editor's Note: This ordinance also repealed former § 173-19, Notices, violation and issuance of complaint, amended 7-30-1987; § 173-20, Filing of complaint, amended 7-30-1987; § 173-21, Appeals, amended 7-30-1987; § 173-22, Failure of owner to comply; § 173-23, Cost to become lien; § 173-24, Service of complaints or orders; § 173-25, Powers and duties of Public Officer; § 173-26, Basis for determining building unfit; § 173-27, Abatement of nuisances; § 173-28, Emergencies; § 173-29, Reporting of violations of additional regulations; § 173-30, Withholding of strict enforcement; § 173-31, Action to appoint Township receiver ex officio of income from property; and § 173-32, Violations and penalties, as amended.