[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.]
GENERAL REFERENCES
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.
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.
Open space on the premises outside of any building located
thereon.
The control and elimination of insects, rodents and vermin.
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.")
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.
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]
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.
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.
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.
Physical conditions dangerous to human life
or detrimental to the health of persons on or near the premises where
the conditions exist.
Overcrowding of a room with occupants in violation
of the State Fire Code.
Inadequate or unsanitary sewage or plumbing
facilities in violation of this code.
Unsanitary conditions or anything offensive
to the senses or dangerous to health in violation of this code.
Whatever renders air, food or drink unwholesome
or detrimental to the health of human beings.
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.
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.
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.
See § 173-18 of this chapter.
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]
[1]
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:
A.
Brush, weeds, broken glass, stumps, roots, obnoxious
growth, filth, garbage, trash, refuse and debris.
B.
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.
C.
Removal
or trimming by Township when interfering with public street, highway
or right-of-way use, or when creating a hazardous condition.
[Added 12-7-2022 by Ord. No. 2022-15[1]]
(1)
In the event that the limbs or branches of any trees or shrubs grown
on any land in the municipality extend over or into any of the public
streets, highways or rights-of-way in the municipality and interfere
with the free and uninterrupted use of such streets, highways or rights-of-way
for any lawful purpose, the enforcement officer shall notify and direct
the owner of the premises on which such trees or shrubs may stand,
or the agent of such owner, to trim or detach, on or before a time
to be fixed in such notice, any limbs, branches or parts of trees
or shrubs so extending in the street, highway or right-of-way in the
municipality. If the owner of any such trees or shrubs shall fail
or neglect to comply with the terms of such notice, the enforcement
officer is authorized and empowered to trim or detach, or cause to
be trimmed or detached, any limbs, branches or parts of trees or shrubs
so extending into the street, highway or right-of-way in the municipality.
D.
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.
E.
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.
F.
Adequate runoff drains shall be provided and maintained
to eliminate any recurrent or excessive accumulations of stormwater.
G.
Sources of infestation.
H.
Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
I.
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.
J.
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.
K.
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.
[Added 7-30-1987]
L.
No person shall leave any partially dismantled, nonoperating,
wrecked, junked or abandoned vehicle on any Township property, street
or highway within the Township.
[Added 7-30-1987]
M.
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.
[Added 7-30-1987]
N.
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.
[Added 7-30-1987]
O.
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.
[Added 6-29-1989]
P.
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.
[Added 9-14-1989[2]]
[2]
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:
A.
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.
B.
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.
C.
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.
D.
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.
A.
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.
B.
Every building shall be so maintained as to be weathertight
and watertight.
C.
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.
D.
All parts of the premises shall be maintained so as
to prevent infestation.
E.
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.
F.
Every roof, roof gutter, flashing, rainwater conductor
and roof cornice shall be weathertight and raintight and shall be
kept in good repair.
A.
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.
B.
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.
C.
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.
D.
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.
[Added 12-29-1983]
E.
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.
[Added 12-29-1983]
F.
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.
[Added 12-29-1983]
G.
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]
[Added 12-29-1983]
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.
A.
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.
B.
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.
C.
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.
[Amended 2-27-2019]
D.
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:
E.
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:
[Added 1-29-1997]
(1)
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.
(2)
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.
F.
The provisions of this chapter shall be enforceable
by the members of the Colts Neck Township Police Department.
[Added 1-29-1997]
[Amended 4-9-2014;[1] 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:
A.
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.
B.
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.
C.
All leaves placed along the curbline or edge of pavement shall be
no closer than 25 feet from a street intersection.
D.
Piles of leaves must be placed parallel to the curbline or edge of
pavement.
E.
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]
G.
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.
H.
No leaves shall be placed, stored or otherwise disposed of on any
public property.
I.
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.
J.
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.
K.
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.
L.
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.
[1]
Editor's Note: This ordinance provided that it shall take
effect 7-1-2014.
[Amended 4-9-2014[1]]
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:
A.
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.
B.
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.
[Amended 1-31-2018]
C.
All brush placed at the curbline or edge of pavement shall be no
closer than 10 feet from any storm drain inlet or stream.
D.
All brush placed at the curbline or edge of pavement shall be no
closer than 25 feet to a street intersection.
[Amended 1-31-2018]
E.
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.
F.
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.
G.
Brush must be accessible to machinery for collection or it will not
be picked up by the Township.
H.
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]
I.
J.
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.
K.
No brush, leaves or tree cuttings shall be placed, stored or otherwise
disposed of on any public property.
L.
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.
M.
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.
N.
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.
O.
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.
P.
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.
[1]
Editor's Note: This ordinance provided that it shall take
effect 7-1-2014.
[Added 1-31-2018[1]]
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.
[1]
Editor's Note: This ordinance also repealed former § 173-18,
Designation of Public Officer.
[Added 2-27-2019]
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.
[Added 2-27-2019]
A.
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.
B.
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.
C.
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.
D.
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[1]; amended 2-27-2019]
A violation of any provision of this chapter shall be punishable as provided in § 1-9 of this Code.
[1]
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.
