Township of Clinton, NJ
Hunterdon County
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Table of Contents
Table of Contents
[HISTORY: Derived from Sec. 11-1 of the 1999 Code of the Township of Clinton. Amendments noted where applicable.]
GENERAL REFERENCES
Construction debris — See Ch. 100.
Littering — See Ch. 169.
Solid waste — See Ch. 235.
Where it shall be necessary and expedient for the preservation of the public safety, as determined by the Zoning Officer, any owner or tenant of lands lying within the Township shall be required to cut all brush, hedges or other plant life to a height of not more than 2 1/2 feet where such brush, hedges or other plant life is located within 10 feet of any roadway or within 25 feet of the intersection of two roadways, within 10 days after notice to cut the same. The term "roadway" as used herein refers to right-of-way width.
Where it shall be necessary and expedient for the public health, safety, general welfare or to eliminate a fire hazard, as determined by the Zoning Officer, any owner or tenant of lands lying within the Township shall remove from such lands or destroy brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris within 10 days after notice to remove or destroy the same.
In the event that the owner or tenant shall refuse or neglect to cut the brush, hedges or plant life under § 75-1 or to remove or destroy the brush, weeds and other materials under § 75-2 within 10 days after notice, the Township may do the work or cause the work to be done under the direction of the Zoning Officer of the Township.
The Zoning Officer shall certify to the Township Council the cost of the work which has been performed under § 75-3 herein, and the Township Council shall examine the certificate and, if it finds the amount to be correct, the Council shall cause the costs as shown thereon to be charged against said lands, the amount so charged shall forthwith become a lien upon the lands and shall be added to and become and form part of the taxes next to be assessed and levied upon the lands, and the same 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.
Any person who shall violate any provision of this section shall, upon conviction thereof, be liable to the penalty stated in Chapter 1, § 1-17.
[Added 12-14-2005 by Ord. No. 899-05]
A. 
Purpose. The purpose of this section is to establish requirements for the proper handling of yard waste in the Township of Clinton, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
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.
YARD WASTE
Leaves and grass clippings.
C. 
Prohibited conduct. 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, unless the yard waste is containerized, in the street. If yard waste that is not containerized 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 section.
D. 
Enforcement. The provisions of this section shall be enforced by the Zoning Officer.
E. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a minimum fine of $100, and a maximum fine of $1250, according to § 1-17 entitled "General penalty," of the Code of the Township of Clinton, 2003.
[Added 12-14-2005 by Ord. No. 900-05]
A. 
Purpose. The purpose of this section is to establish a yard waste collection and disposal program in the Township of Clinton, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
B. 
Definitions. For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
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.
YARD WASTE
Leaves and grass clippings.
C. 
Yard waste collection. Sweeping, raking, blowing or otherwise placing yard waste that is not containerized at the curb or along the street is only allowed during the seven days prior to a scheduled and announced collection and shall not be placed closer than 10 feet from any storm drain inlet. Placement of such yard waste at the curb or along the street at any other time or in any other manner is a violation of this section. If such placement of yard waste occurs, the party responsible for placement of the yard waste must remove the yard waste from the street or said party shall be deemed in violation of this section.
D. 
Enforcement. The provisions of this section shall be enforced by the Clinton Township Police Department.
E. 
Violations and penalties. Any person(s) who is found to be in violation of the provisions of this section shall be subject to a minimum fine of $100, and a maximum fine of $1250, according to § 1-17 entitled "General penalty," of the Code of the Township of Clinton, 2003.
[Added 5-22-2014 by Ord. No. 1050-13[1]]
A. 
Findings and purpose. The Mayor and Council find that some vacated or unoccupied properties in the Township have been neglected to the detriment of the health, safety and welfare of the inhabitants of neighboring properties. Examples of such neglect include high grass, dead or diseased tree branches, and the accumulation of trash and debris on properties. If not checked, such conditions of neglect can lead to unsafe sight line obstructions for motorists and pedestrians and the establishment of habitat for rodents and vermin. In addition, the on-going lack of maintenance can contribute to blighting conditions in neighborhoods, and thereby negatively impact property values to the detriment of the neighboring properties and the Township as a whole. The purpose of this section is to protect the health, safety and welfare of Township inhabitants by establishing minimum standards of yard maintenance for vacated or unoccupied properties.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
NUISANCES AND HAZARDS
Dead and diseased trees and/or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, including loose and overhanging limbs, are dangerous to persons in the vicinity thereof.
OWNER
Any person(s) or entity(ies) who has legal or equitable title to any vacated or unoccupied property or part thereof, with or without accompanying actual possession, or shall have charge, care or control of any vacated or unoccupied property or part thereof, or the owner's agent or fiduciary, including but not limited to fiduciaries, trustees, executors, receivers, and administrators, or creditors having responsibility for the property pursuant to N.J.S.A. 46:10B-51.
VACATED OR UNOCCUPIED PROPERTY
A building that has been vacated of human occupancy by the record holder of title or tenant(s) and not reoccupied, or is empty, including, without limitation, a newly constructed building or building under construction that has never been occupied, a building that is not occupied by the record holder of title or a tenant and is subject to foreclosure, and a building that is subject to probate or estate administration that has not been reoccupied.
YARD
The open, unoccupied area of land surrounding a building, excluding those portions of the yard that are wetlands, marshes, or subject to conservation restrictions or farmland assessment.
C. 
Upkeep of vacated or unoccupied property required. Vacated or unoccupied property shall be maintained in accordance with the following standards:
(1) 
The yard shall be kept free of all nuisances and hazards, and shall also be kept free of litter.
(2) 
Grass, brush and weeds on the yard shall not exceed 10 inches in height.
D. 
Enforcement.
(1) 
The Zoning Officer shall have responsibility for enforcement of this section.
(2) 
Whenever the Zoning Officer has found a violation of this section, notice shall be given to the owner to remove or abate such condition within the time specified in the notice but not less than 10 days from the date of service thereof or such shorter time as the Zoning Officer shall direct where, in his/her opinion, conditions warrant correction within a shorter time. Such notice shall be in writing and shall be deemed sufficiently served if sent by registered or certified mail to the last known address of the owner as shown on the current tax records of the Township, or, in the case of a property subject to foreclosure for which the Township has received notice pursuant to N.J.S.A. 46:10B-51, the creditor or the registered agent for any creditor. A copy of the notice may also be posted on the front door of the principal building on the vacated or unoccupied property. The notice shall state that unless the violation is abated, removed or cured within 10 days of the date of the notice's issuance, a summons may be issued for such violation. The Zoning Officer shall have the discretion to extend the time period for compliance contained in the notice if conditions reasonably warrant an extension. The notice shall also state that if the violation is not abated, removed or cured within the time period established by the Zoning Officer, the Township may enter the property and perform work to abate, remove or cure the violation, and the costs therefor may be charged against the property, bear interest at the same rate as taxes, and become a lien on the property.
(3) 
In the event the violation is not abated, removed, or cured within the time period established by the Zoning Officer, a summons may issue against the owner so notified.
E. 
Violations and penalties. Any person found to be in violation of this section shall be subject to the penalties established by § 1-17 of this Code.
F. 
Performance of work by Township and lien for costs of performing work. In the event the owner refuses or neglects to abate, remove or cure the violation within the time period established by the Zoning Officer under Subsection D(2) of this section, the Township may perform the work or cause the work to be done under the direction of the Zoning Officer and/or Public Works Director. The Zoning Officer and/or Public Works Director, as the case may be, shall certify to the Township Council the cost of the work performed under this subsection, and the Township Council shall examine the certificate. If the Township Council finds the cost of the work set forth in the certification to be accurate, it shall adopt a resolution approving the certification of costs. A copy of the resolution, certified by the Township Clerk to be true, shall be directed by the Township Clerk to the Tax Collector and mailed by certified mail, return receipt requested, to the owner at its last address known to the Township within 10 days of its adoption by the Township Council. The Tax Collector shall cause that cost to be charged against the property, the amount so charged shall immediately become a lien upon the property, and shall be added to, become and form part of the taxes next to be assessed and levied upon the property, and the same shall bear interest at the same rate as taxes and be collected and enforced by the Tax Collector and in the same manner as taxes.
[1]
Editor's Note: This ordinance also changed the title of this chapter from "Brush, Grass and Weeds" to "Brush, Grass, Weeds and Grass Cutting."