[HISTORY: Adopted by the Township Committee of the Township of Hampton
during codification (see Ch. 1, General Provisions, Art. III). Amendments
noted where applicable.]
[Amended 4-27-2004 by Ord. No. 2004-2]
No person, firm or corporation owning or occupying any property within
the Township of Hampton shall permit any grass or weeds (biennial and/or perennial,
including but not limited to thistle and burdock), or any vegetation whatsoever,
not edible or planted for some useful or ornamental purpose, to grow or remain
upon such premises so as to exceed a height of six inches or to throw off
any unpleasant or noxious odor or to conceal any filthy deposit or to create
or produce pollen. Any grass, weeds or other vegetation growing upon any premises
in the Township in violation of any of the provisions of this section is hereby
declared to be a nuisance and detrimental to the health, safety, cleanliness
and comfort of the inhabitants of the Township of Hampton.
[Amended 4-27-2004 by Ord. No. 2004-2]
The owner of any property shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 41-1 of this chapter.
A.
The Township Clerk or any officer or employee of the township designated thereby for the purpose is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 41-1 of this chapter, directing and requiring such owner or occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this chapter within five days after issuance of such notice.
B.
In case any person, firm or corporation shall neglect,
fail or refuse to comply with such notice within the period of time stated
therein, the township authorities may remove, trim or cut such grass, weeds
or vegetation, and the cost thereof, together with any additional penalty
authorized by the law, may be collected by the township from such person,
firm or corporation.
In all cases where any grass, weeds, brush or other plant or vegetable
growth are removed from any land, under the provisions of this chapter, by
or under the direction of the designated officer of the township, such officer
shall certify the costs thereof to the Township Committee, which shall examine
the certificate and each item thereon, and if approved by the Township Committee
or a committee of it, costs as shown and approved shall thereupon be charged
against the lands upon which such conditions shall have existed, and the amount
so charged shall forthwith become a lien upon said lands and shall be added
to and form a part of the taxes next to be and levied upon such land and shall
bear interest at the same rate as all other taxes and shall be collected and
enforced by the same officer and in the same manner as other taxes.
The following limitations shall apply with reference to the enforcement
of this chapter.
A.
Weeds or grass intermingled with growing cultivated crops
or growing on lands under direct control and supervision of persons engaged
in farming shall not come under the provisions of this chapter; provided,
however, fields and/or property of owners actively engaged in farming or growing
crops or which are under the Farmland Preservation Program or other similar
program which are unused or not being entirely used in farming or growing
crops and/or which are intended to be at rest for soil regeneration purposes
shall not be exempt from the provisions of this chapter.
[Amended 4-27-2004 by Ord. No. 2004-2]
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $500 or imprisonment for a term not to exceed 90 days, or both.
Each day such violation is committed or permitted to continue shall constitute
a separate offense and shall be punishable as such.
