Borough of Brooklawn, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Brooklawn 5-12-1954 by Ord. No. 1325-12-54 by Ord. No. 132; amended in entirety 4-3-2000 by Ord. 5-00. Subsequent amendments noted where applicable.]
A. 
Whenever it shall be deemed for the preservation of the public health, safety and welfare, or to eliminate a fire hazard, the Director of the Department of Public Works, or his designee, shall require any owner, tenant, occupant, managing agent, executor, administrator, or other similar person, to remove or destroy brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris, within ten days after receipt of notice to remove or destroy the same.
B. 
No person shall cause any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris, to be removed from the property of said owner upon any city or county right-of-way or easement or upon neighboring property. All such obnoxious growth and debris shall be collected and either removed from the premises or accumulated in trash cans, bags or other similar containers, for removal by any appropriate sanitation service, the property shall be cleared within the entire perimeter of the property, and extend to the curb or gutter line of the adjoining roadway, as the case may be.
[Amended 7-12-2005 by Ord. No. 14-05]
A. 
The Director of the Department of Public Works, or his designee, shall serve written notice upon any such person described in § 60-1 of this chapter, describing the condition of the premises and demanding that the condition be abated within seven days of receipt of said notice, or an appropriate complaint shall be filed in violation of this chapter, subjecting said person, upon conviction, to fines and penalties as set forth in § 1-15 of the Code of the Borough of Brooklawn.
B. 
Personal service shall be effected upon any owner, tenant, occupant, managing agent, executor, administrator or other similar person under Subsection A by certified mail, regular mail and the posting of said notice in a conspicuous place on the subject premises.
[1]
Editor's Note: Former § 60-3, Notice; alternative service by posting, was repealed 7-12-2005 by Ord. No. 14-05.
[Amended 7-12-2005 by Ord. No. 14-05; 9-15-2008 by Ord. No. 9-08]
A. 
Where the owner, operator and/or occupier shall refuse and/or neglect to correct the violation(s) within five days after the date of the notice as referenced in this chapter, or upon the expiration of five days following posting of notice as provided in this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in this chapter, or upon the expiration of three days following posting of notice as provided in this chapter, the Borough may correct or cause the violation(s) to be corrected, at the expense of the owner, tenant, occupant, managing agent, executor, administrator, or other similar person, as the case may be.
B. 
Where the owner, operator and/or occupier refuses and/or neglects to correct the violation(s) within five days after receipt of notice as referenced in this chapter, or upon the expiration of five days following posting of notice as provided in this chapter, or, in the case of a second or subsequent violation within one year from the date of the last notice, three days after the date of the notice as referenced in this chapter, or upon the expiration of three days following posting of notice as provided in this chapter, and the Borough is required to take corrective measures as referenced in this chapter, the notices given to the owner, operator and/or occupier of any such land shall be valid for subsequent remedial action to the property a period of 180 days from the expiration of five days following posting of notice as provided in this chapter.
C. 
Department of Public Works fees for services and equipment. The fee schedule for Department of Public Works personnel and equipment shall be based upon an hourly rate, which shall be established by resolution of the Mayor and Council of the Borough of Brooklawn on an annual basis. The minimum charge for personnel from the Department of Public Works shall be $250 per day per occurrence.
[Added 6-17-2013 by Ord. No. 5-13]
In all cases where such conditions are abated by the Director of the Department of Public Works, the Director or his designee shall certify the cost thereof to the Council of the Borough of Brooklawn, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against said land. The amount so charged shall forthwith become a lien upon such land and shall be added to and become a part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the Borough of Brooklawn Tax Collector.
A. 
Any owner, tenant, occupant, managing agent, executor, administrator or other similar person who violates any provision of this chapter shall, upon conviction in the Municipal Court of the Borough of Brooklawn, or such other court having jurisdiction, be liable for fines and penalties as set forth in § 1-15 of the Code of the Borough of Brooklawn. Each day that a violation occurs shall be deemed a separate and distinct violation, subject to the penalty provisions of this chapter.
[Amended 7-12-2005 by Ord. No. 14-05]
B. 
The imposition and collection of a fine imposed hereunder shall not bar the right of the Borough of Brooklawn to collect the cost of removal in the manner as permitted herein, or by summary action, in a court of law, and the remedy herein provided shall be cumulative.[1]
[1]
Editor's Note: Former § 60-7, Repealer, which followed this subsection, was repealed 9-15-2008 by Ord. No. 9-08.
[Added 11-17-2014 by Ord. No. 13-14]
A. 
Purpose. This section is adopted to control the planting, cultivating, and/or growing of bamboo and other invasive plant species in the Borough of Brooklawn. It is further intended to require barriers that will prevent the spread of invasive plant species, such as bamboo, into other areas in the Borough of Brooklawn.
B. 
Definitions. All native and nonnative vines and vegetation that grow out of place and are competitive, persistent and pernicious; those plants may damage trees, vegetation, sidewalks or structures. Examples include, but are not limited to, bamboo as well as invasive plant species developed by the New Jersey Species Strike Team and the New Jersey Forestry Association. The terms "bamboo" and "invasive plant species" shall include, but not be limited to, the following plant genera (commonly known as spreading or running type): Arundinaria, Bambusa, Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblastus, Sasa, Sasaella, Semiarundinaria, Ragweed, multi-flora rose, kudzu-vine and poison oak or ivy.
C. 
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 invasive plant species such as bamboo within any lot and/or parcel of ground anywhere within geographic boundaries of the Borough of Brooklawn.
D. 
Duty to confine; inspection and approval of Code Enforcement Officer.
(1) 
If there exists any species commonly known as "bamboo-running or clumping," or any other invasive plant species located upon any property within the Borough of Brooklawn prior to the effective date of this section, there shall be a duty to confine imposed upon the owner or occupant of the property. The duty to confine shall require owners and occupants to prevent the encroachment, spread, invasion or intrusion of bamboo and other invasive plant species onto any other private property, public property, or public right of way.
(2) 
All places and premises in the Borough of Brooklawn shall be subject to inspection by the Code Enforcement Officer when there is reason to believe that any section of this chapter is being violated.
(3) 
Property owners who seek to confine bamboo or other invasive plant species must do so in accordance with methods approved by the Borough of Brooklawn Code Enforcement Officer. The Code Enforcement Officer may permit, inspect and approve methods of confinement and amend the requirements of said confinement from time to time. The Code Enforcement Officer may also permit, inspect and approve proper methods for full removal of bamboo or other invasive plant species.
(4) 
Failure to confine bamboo or other invasive plant species in accordance with the requirements set forth by the Code Enforcement Officer shall require immediate removal by the property owner or occupant.
(5) 
An owner or occupant with property containing bamboo or other invasive plant species prior to the adoption of this section may fully remove the bamboo or other invasive plant species in lieu of the duty to confine. Such removal must conform with the requirements set forth by the Code Enforcement Officer.
[Added 11-17-2014 by Ord. No. 13-14]
A. 
Bamboo and other invasive plant species shall be considered properly confined when its root system is entirely contained within an above-ground level planter, barrel, or other vessel of such design, material and location as to completely prevent the root system's growth beyond the container in which it is planted.
B. 
When properly confined as described herein, all bamboo and invasive plant species shall be located, trimmed, and maintained so that no part of the plant shall be closer than 10 feet from any property line.
[Added 11-17-2014 by Ord. No. 13-14]
A. 
Encroachment on public property; rights of Borough. When an encroachment of bamboo or other invasive plant species occurs upon public property or public right of way, the Borough of Brooklawn may remove or contract for the removal of such bamboo or other invasive plant species from the public property or right of way. The cost of removal shall be the responsibility of the property owner and shall be assessed as a lien against the property on which the growth originated. The cost of removal of the bamboo and other invasive plant species shall also include the installation of an appropriate barrier to prevent future invasion onto the public property or right of way.
B. 
Encroachment on private property; rights of property owner. 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 proper parties.
A. 
The cost of corrective action, together with any civil penalties, legal fees and other costs, shall be recoverable from the responsible party.
B. 
Whenever it shall be deemed for the preservation of the public health, safety and welfare, or to eliminate a fire hazard, the Director of the Department of Public Works or his designee shall require any owner, tenant, occupant, managing agent, executor, administrator or other similar person to remove or destroy brush, weeds (including ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris from his property or within the entire perimeter of the property that extends to the curbline of the roadway abutting his property, within five days after receipt of notice to remove or destroy the same.
C. 
All such obnoxious growth and debris shall be collected and either removed from the premises or accumulated in trash cans, bags or other similar containers for removal by any appropriate sanitation service; the property shall be cleared within the entire perimeter of the property and extend to the curbline or gutter line of the adjoining roadway, as the case may be.