Township of Ewing, NJ
Mercer County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Council of the Township of Ewing 11-24-1998 by Ord. No. 98-13 as Ch. 63 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 114, Art. III.
Solid waste — See Ch. 319.
Nuisances — See Ch. 407.
A. 
It shall be the duty of owners and tenants of lands:
[Amended 7-14-2015 by Ord. No. 15-20]
(1) 
To keep such lands free of brush, weeds, dead or dying trees, stumps, roots, growth of grass or weeds in excess of six inches, trash, garbage and debris.
(2) 
At the direction of the Construction Official, the Health Official or the Chief of Police or representative, to keep all brush, hedges and other plant life, growing within 10 feet of any roadway and within 25 feet of the intersection of two roadways, cut to a height of not more than 2 1/2 feet where it shall be necessary and expedient for the preservation of the public safety.
(3) 
To keep any and all compost piles at least six feet from the property line, and all such compost piles must meet standards of the United States Department of Agriculture and any other applicable law.
B. 
For the purposes of this section, garbage shall not include 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.
C. 
When the Board of Health, Health Official, Construction Official, Police Chief or their designees determine that it is necessary and expedient for the preservation of the public health, safety, general welfare or to eliminate a fire hazard to remove such brush, weeds, dead or dying trees, stumps, roots, trash, garbage and debris, that official may order the owner or tenant to remove the hazard within 10 days. Whenever an owner or tenant of lands fails to keep such lands free of grass or weeds in excess of six inches, an official may order the owner or tenant to remove or abate within five days of being notified thereof. Notice shall be deemed received within three days of the date of such notice.
[Amended 7-14-2015 by Ord. No. 15-20]
D. 
Upon the failure of the owner or tenant to comply with an order issued hereunder, a fine not to exceed $500 per day shall be assessed. The fine shall be assessed for each day of continued noncompliance with the order. Such fine shall be in addition to any costs assessed under § 110-3.
E. 
Administrative fee.
[Added 6-26-2001 by Ord. No. 01-17]
(1) 
Upon the failure of the owner or tenant to comply with an order issued hereunder, an administrative fee shall be assessed in accordance with the following schedule:
(a) 
First occurrence: $100.
(b) 
Second occurrence: $250.
(c) 
Each additional occurrence: $500.
(2) 
Such administrative fee shall be in addition to any costs assessed under § 110-3 and shall be charged against said lands in accordance with § 110-3. Such administrative fee shall also be in addition to any penalties assessed under § 110-1D. The administrative fees will be assessed and calculated for the period January 1 through December 31 of each year.
A. 
It shall be the duty of owners and tenants of lands to keep such lands free of 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.
B. 
When it is necessary and expedient for the preservation of the public health, safety or general welfare, the Board of Health, Health Official, Construction Official, Police Chief or their designees may order the owner or tenant to remove such solid waste within 10 days.
C. 
Should the Board of Health, Health Official, Construction Official, Police Chief or their designate find that the solid waste poses an immediate threat to public health, safety or general welfare, an order may be issued requiring the removal of the solid waste in not less than 72 hours or more than 10 days.
D. 
Upon the failure of the owner or tenant to comply with an order issued hereunder, a fine not to exceed $500 per day shall be assessed. The fine shall be assessed for each day of continued noncompliance with the order. Such fine shall be in addition to any costs assessed under § 110-3.
[Amended 6-26-2001 by Ord. No. 01-17; 7-14-2015 by Ord. No. 15-20]
Notice requiring compliance with the above provisions shall be sent by the Board of Health, Health Official of the Township of Ewing, by the Construction Official or by the Chief of Police or their designate, as the case may be, by registered mail to the last known address of the owner or tenant of the land in question. Such notice shall state the acts to be performed by such owner or tenant, as well as the administrative fee and penalty for failure to comply with such notice. If the owner or tenant to whom notice is sent neglects or refuses to comply with such notice within 10 days of receipt of the same, the Board of Health, Health Official of the Township of Ewing, the Construction Official or the Chief of Police or their designate, as the case may be, shall arrange to perform the acts required by the notice at the cost of the Township. Whenever an owner or tenant of lands neglects or refuses to remove or abate grass or weeds in excess of six inches as prescribed in such notice within the time specified therein but not less than five days of receipt of the same, the official shall arrange to perform the acts required by the notice at the cost of the Township. The official shall certify the cost thereof and the administrative fee assessed to the Township Council, which shall examine the certificate and, if found correct, shall cause the costs as shown thereon and any administrative fee assessed to be charged against said lands. Such costs and administrative fee shall be added to the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes and to be collected and enforced by the Tax Collector and in the same manner as taxes.