[Amended 4-15-2019 by Ord. No. 5-2019]
A. Whenever
it shall be deemed for the preservation of the public health, safety
and welfare, or to eliminate a fire hazard, the Superintendent 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 five 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; 4-15-2019 by Ord. No. 5-2019]
A. The Superintendent 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 five 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.
[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.
[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.