Township of Westampton, NJ Brush, Grass, Weeds and Debris

Those portions of a building or structure which are exposed to public view or are visible from adjoining lots, including all outside surfaces and appurtenances thereto; and the open land including rights-of-way of any premises outside of any building or structure erected thereon.

PREMISES

A lot, plot or parcel of land, right-of-way or multiples thereof, including the building or structures thereon.

Nuisances and accumulation of injurious debris. The exterior of the premises and all structures located on the premises shall be kept free of all nuisances, injurious debris and any hazards which are injurious to the public health, safety and general welfare and which constitute a blighting effect which depreciates adjoining or nearby properties. 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:

(1)

Brush, weeds, dead or dying trees, stumps, roots, broken glass, obnoxious growth, filth, garbage, trash and debris.

(2)

Hedges, bushes, trees and shrubs on all premises and exterior premises shall be kept trimmed and kept from becoming overgrown so that they do not pose a threat to pedestrians or operators of motor vehicles utilizing the public right of way.

Weeds, leaves and branches.

(1)

Weeds. All premises and exterior premises shall be maintained free from weeds or plant growth in excess of 10 inches. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens.

(2)

Removal of vegetation along curbs. Owner, occupant and/or tenant of any premises abutting a curb shall keep the curb line between the curb and the street free of vegetation.

[Added 11-20-2017 by Ord. No. 15-2017[1]]

[1]

Editor’s Note: This ordinance also provided for the redesignation of former Subsection C(2) through (4) as Subsection C(3) through (5), respectively.

(3)

Removal of leaves. No owner, occupant and/or tenant of a residential property shall rake, blow, push and/or drag leaves from his or her property onto the public streets except in the following manner: leaves may be piled or raked in rows running parallel to the curb of the premises in question. The outward edge of the rows shall not extend any further than three feet from the nearest curbline.

(4)

Removal of branches and trees by homeowner. No owner, occupant and/or tenant of a residential property shall stack branches, trees or parts of trees in the paved right-of-way. Branches, trees, parts of trees and stumps must be placed behind the curbline. Such placement may occur not sooner than the weekend before regularly scheduled chipping of branches.

[Amended 5-28-2013 by Ord. No. 5-2013]

(5)

Removal of branches and trees by a private contractor or person other than homeowner. All debris generated by trimming or removing trees by a private contractor, including branches, wood, stumps, etc., must be removed by the contractor. The Township does not chip any trees or parts of trees removed by private contractors.

[Added 5-28-2013 by Ord. No. 5-2013]

§ 95-2 Violations and penalties.

[Amended 2-28-1974 by Ord. No. 1-1974]

Any owner or owners, occupant or occupants, tenant or tenants who shall neglect to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris as directed by this article shall, upon conviction before the Judge of the Municipal Court of the Township of Westampton, be subject, for each offense, to a fine not exceeding $500 or to imprisonment for a term not exceeding 90 days, or to both such fine and imprisonment.

§ 95-3 Failure to remove; assessment of costs.

Upon the failure of any owner or owners, occupant or occupants, tenant or tenants to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after notice to remove the same has been received from said Township of Westampton, which notice may be effected by personal service or by mail, registered return receipt requested, said Township shall cause the same to be removed under the direction of an officer of said Township. Such 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 land and premises, and the cost shall be added to and become and form part of the taxes next to be assessed and levied upon the land, 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.

§ 95-4 Collection of fine not bar to recovery of costs of removal.

The imposition and collection of the fine imposed by this article shall not constitute any bar to the right of the Township of Westampton to collect the cost, as certified, for the removal of such growths, in the manner herein authorized.

§ 95-5 Bamboo planting prohibited; containment and removal.

[Added 5-16-2016 by Ord. No. 12-2016]

It is determined that certain types of the bamboo plant are invasive and often difficult to control, and can and have caused significant damage to properties. 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.

Prohibition. 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. For the purposes of this section, "running bamboo" means any bamboo in the genus Phyllostachys, including Phyllostachys aureosulcata.

Duty to confine. In the event that any species commonly known as "running bamboo" is located upon any property 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. This duty to confine shall not apply if the property owner and/or occupant can establish to the satisfaction of the Code Enforcement Officer that the bamboo which is on his/her property at the time of the adoption of this section originated on another property.

Removal.

(1)

In the event that 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 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 rights-of-way 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 45 days of receipt of such notice, the bamboo property owner shall submit to the Code Enforcement Officer, 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 120 days of 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.

(2)

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 shall cause a citation to be issued with a penalty up to $100 for each day the violation continues, enforceable through the Municipal court of the Township of Westampton. 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.

(3)

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 property parties.

(4)

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 Westampton, 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 removal shall be the responsibility of the bamboo property owner and occupant and shall be paid or assessed as a lien against the property on which the bamboo growth originated. The cost of 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.

Replanting prohibited. 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.