[Added 2-28-2006 by Ord. No. O-06-8]
As used in this article, the following terms
shall have the meanings indicated:
CONTAINERIZED
The placement of yard waste in a trash can, bucket, bag or
other vessel, such as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county, or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
It shall be the duty of the owner, tenant or
person in possession of any dwelling or lands in the Township to:
A. Keep all brush, hedges or 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 30 inches where
it shall be necessary and expedient for the preservation of public
safety.
B. To keep the lands free of brush, weeds, grass of unreasonable
height, heavily matted cut grass, dead and dying trees, stumps, roots,
obnoxious growths, filth, garbage, litter, trash and debris, and any
solid waste stored in such a way that it is accessible to and likely
to be strewn about by animals such as but not limited to dogs, cats,
raccoons, birds or rodents, where the same are inimical to the preservation
of public health, safety and general welfare of the Township, or which
may constitute a fire hazard.
C. Sweeping, raking, blowing or otherwise placing yard
waste that is not containerized at the curb or along the street is
only allowed prior to a scheduled and announced collection and shall
not be placed closer than 10 feet to any storm drain inlet. Placement
of uncontainerized yard waste at the curb or along the street at any
other time or in any other manner is a violation of this article.
In the event noncontainerized yard waste 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 noncontainerized yard waste is located has improperly
disposed of yard waste contrary to the provisions of this article.
[Added 2-28-2006 by Ord. No. O-06-8;
amended 8-25-2009 by Ord. No. O-09-23]
D. Except as allowed by Subsection
C above, the owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste at any time unless the yard waste is containerized. If yard waste is not containerized and is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.
[Added 2-28-2006 by Ord. No. O-06-8]
If the reported conditions are found to exist,
after an investigation of any complaint of a resident, officer, or
employee of the Township relative to a violation of this article or
upon his own initiative, the Code Enforcement Officer or his designee
shall direct that a notice be sent to the owner, tenant or person
in possession of the dwelling or land complained of in writing either
personally or by registered or certified mail to remove such brush,
weeds, grass, dead or dying trees, stumps, roots, obnoxious growth,
filth, garbage, trash or other debris within a period not less than
72 hours nor more than 10 days. Notwithstanding the foregoing, if
it shall appear to the Code Enforcement Officer or his designee that
a second or subsequent violation of this article has occurred within
a six-month period as to the same property, the notice requirements
of this article shall not be applicable unless during that six-month
period the legal title to the property shall have changed or possession
of same shall have been changed. In such case involving an alleged
second or subsequent violation, the Code Enforcement Officer may issue
a notification demanding immediate abatement of the condition and/or
issue a summons for the violation of this article without any further
notification.
If the owner, tenant or person in possession
of the dwelling or lands in question shall fail to abate the condition
complained of within the time period specified after receipt of notice,
the Code Enforcement Officer shall cause the condition complained
of to be abated, either by action of the Department of Public Works
and Automotive Services 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 article.
No person shall burn any brush, weeds, grass,
dead and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or debris on any street in the Township.
Violations of the provisions of this article shall be punishable as provided in Chapter
1, Article
II, General Penalty.