[HISTORY: Derived from Sec. 11-1 of the 1999
Code of the Township of Clinton. Amendments noted where applicable.]
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.
[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.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
[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.
CONTAINERIZED
PERSON
STREET
YARD WASTE
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.
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.
Any individual, corporation, company, partnership, firm,
association or political subdivision of this state subject to municipal
jurisdiction.
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.
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.
[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.
NUISANCES AND HAZARDS
OWNER
VACATED OR UNOCCUPIED PROPERTY
YARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
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.
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.
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.
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:
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."
