[HISTORY: Adopted by the Township Committee of the Township
of Upper Deerfield 3-1-1979 by Ord. No. 204 (Ch. 57 of the 1977 Township
Code). Amendments noted where applicable.]
[Amended 7-2-1996 by Ord. No. 456]
A.
It shall
be unlawful for an owner or tenant of lands lying within the limits
of the Township of Upper Deerfield to allow, suffer or permit on such
lands any accumulation of brush, weeds or obnoxious growth in excess
of 10 inches in height. It shall be unlawful for an owner or tenant
of lands lying within the Township of Upper Deerfield to allow, suffer
or permit an accumulation of garbage, trash, trees, stumps, roots,
fallen or dead trees in such a manner as to constitute a fire hazard
or so as to constitute a hazard to health and public safety. In any
such case, the owner or the owner and tenant shall cause such brush,
weeds, fallen, dead or dying trees, stumps, roots or other obnoxious
growth to be removed and destroyed.
B.
No owner, owners, tenant or tenants of any building, dwelling or lands lying in the Township of Upper Deerfield shall cause or allow any grass, brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash or debris to be removed from the property of said owner, owners, tenant or tenants and be deposited upon any Township, county or state right-of-way or easement or upon neighboring property. All such grass, brush, weed, etc., shall be collected and either removed from the premises or containerized in proper containers for removal. Any person, firm or entity who shall violate this section shall be fined in accordance with § 234-9.
[Added 7-19-2018 by Ord.
No. 780]
[Amended 7-2-1996 by Ord. No. 456[1]]
Whenever brush, weeds, including ragweed, fallen, dead or dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris shall have been allowed, suffered or permitted to accumulate
on lands lying within the limits of the Township of Upper Deerfield
contrary to the provisions of this chapter, the Township Committee,
the Health Officer or other Township official designated for this
purpose by the Township Committee shall cause 10 days' written
notice to remove or destroy the same to be given to the owner or tenant
of any such lands.
Written notice as aforesaid shall be given both to the owner
and tenant of the land, if known, and may be served personally or
left with a member of the household over the age of 14 years or may
be sent by certified mail to the last known post office address of
such owner or tenant.
In the event that the name and post office address of the owner
are not known, then such written notice as aforesaid shall be sent
by certified mail addressed to the person or persons whose names appear
as owner on the last tax duplicate with the mailing address shown
thereon.
[Amended 5-5-2011 by Ord.
No. 669]
In the event that any owner or tenant shall refuse or neglect
to remove or destroy said accumulation within the time limited by
such notice, then the Township Committee may authorize and direct
that the same be removed or destroyed by or under the direction of
the Health Officer or other Township official designated by the Township
Committee for this purpose.
In the event that such owner or tenant shall refuse or neglect
to remove or destroy any such accumulations as hereinbefore set forth
and it shall be necessary for the Township Committee to cause the
same to be removed or destroyed, the officer responsible therefor
shall certify the cost thereof to the Township Committee.
Upon such certification to the Township Committee of the cost
of removal or destruction as hereinbefore set forth, the Township
Committee shall examine such certification and, if found correct,
the cost as shown thereon shall, by resolution of the Township Committee,
be charged against said lands.
Upon passage of said resolution by the Township Committee, a
certified copy thereof shall be filed with the Collector of Taxes,
and the amount so charged shall forthwith become a lien upon such
lands and shall be added to and become and form 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 same officers and in the same manner as taxes.
Any person violating any of the provisions hereof shall, upon
conviction, be subject to a penalty, either by imprisonment for not
more than 90 days or by a fine not exceeding $500, or both, in the
discretion of the court. Each and every day any violation continues
after notice to remove or destroy any accumulation as provided herein
shall be considered a separate offense, punishable by a like fine
or penalty.
