[HISTORY: Adopted by the Township Committee of the Township of Mendham as indicated in article histories. Amendments noted where applicable.]
Article I Abandoned Vehicles and Other Debris
Article II Minimum Standards
[Adopted as Sec. 3-5 of the 1998 Revised General Ordinances]
Within the Township, no person shall:
Throw, dump, cast or deposit paper, paper products, bottles, tin cans, containers, automobile parts, junk, unusable machines or parts of machines, metal, trash, garbage, debris or other waste materials upon open fields, woods, or private property or upon or along any public street, or other public place; provided, that this article shall not be construed to prohibit the placing of such materials for removal from the Township by the person or corporation authorized by the Township through contract to remove the same when placed in suitable containers for that purpose.
Keep, store, abandon, suffer to be abandoned or leave upon any parcel of land or street, in the Township or allow to remain on his/her property for 30 days after notice to remove, any motor vehicle not currently used for transportation and not licensed for the current year or which cannot be readily operated under its own power; provided, however, that nothing herein contained shall be deemed to prohibit the placing, keeping, storing or abandonment of any motor vehicle in a garage or other enclosed building in the Township.
Permit his/her land to be covered with or contain refuse or debris, which refuse or debris has remained on the land for more than 30 days after notice.
Upon complaint of any resident or property owner of the Township, any officer or employee of the Township, or upon his/her own motion, the Health Officer or Police Chief or a designated agent shall make an investigation of the condition complained of, and shall notify the owner and occupant of the land in writing, either personally or by registered or certified mail, return receipt requested, to take such steps as will effectively remove the violation.
The Health Officer, Police Chief or a designated agent shall reinspect the land after 30 days and if the violation is not abated, it shall be deemed a violation of this article.
In the event that the owner or possessor of the lands has refused or neglected to abate the condition complained of, the Township Committee shall effect the abatement.
Upon the removal of any materials prohibited to be stored, abandoned or allowed to remain by or under the direction of an Officer of the Township in cases where the owner or tenant has refused or neglected to remove same, the Officer shall certify the cost thereof to the Township Committee, which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against the 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, 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.
[Adopted 9-25-2012 by Ord. No. 2012-07]
This article is hereby declared to be remedial in nature and it is intended that this article be liberally construed to effectuate the purposes set forth herein. The purpose of this article is to protect the public health, safety and general welfare of the residents of Mendham Township by establishing minimum standards governing the maintenance, appearance and condition of abandoned properties in the Township of Mendham as hereinafter set forth by:
Establishing minimum maintenance standards for premises in the Township of Mendham.
Affixing the responsibilities of owners, tenants, operators and occupants of such premises.
Providing for proper notification for violation of this article.
Providing for collection of costs incurred by the municipality.
Providing for penalties for violations of this article.
The presence on land lying within the Township of brush piles, grass in lawn areas in excess of eight inches in length in the area from the front of the house to the street and within 25 feet of the rear and sides of the house; leaves; dead trees; uprooted tree stumps; uprooted roots; obnoxious growths; filth; garbage; automobile bodies and/or body parts; automobile parts; junk; discarded items, such as furniture, machines, appliances or parts thereof, metal, trash, piles of unstacked firewood or lumber, new or used; and other debris is hereby declared to be a nuisance and detrimental to the public health, safety and general welfare. The owner or tenant of lands lying within the Township is hereby required to remediate such condition or remove from such lands any of the items, vegetation or materials set forth above within 60 days after receipt of a written notice in accordance with the provisions of this article.
Excepting recognized historic properties, the following are also declared to be nuisances and no person shall suffer or allow: any abandoned well that has not been sealed; any physical condition of property that renders the same unsafe or an attractive nuisance; any premises having defective sanitary or plumbing facilities; any abandoned premises not properly secured against trespassers; any premises otherwise unfit for human habitation or presenting a danger. The owner or tenant of lands lying within the Township is hereby required to remediate such condition or remove from such lands any of the items, vegetation or materials set forth above within 60 days after receipt of a written notice in accordance with the provisions of this article. In the case of a historic property, such shall be referred to the Historic Preservation Committee for review and recommendation.
The owner of lands lying within the Township is hereby required to remove from such lands the offensive material and/or to remediate such condition or destroy such items, materials and vegetation as set forth in § 258-6A, above, and to comply with the additional requirements of § 258-6 after receipt of a written notice in accordance with the provisions of this article.
When a potential violation is observed or brought to the attention of the Township, upon authorization by an affirmative vote of the Township Committee, the notice required to be given under this article shall be mailed by the Township Sanitary Inspector, Zoning Officer, Administrator or a Police Officer, or other official designated by the Township, to said owner by certified mail, return receipt requested, addressed to his or her last known address or, if unknown, in the case of an owner, to his address as the same appears on the tax records of the municipality, or in the case of a tenant, to the property address. Notice may be served by hand delivery, as long as service is witnessed.
The period of time for compliance set forth in § 258-7 shall commence on the date of the return receipt obtained by the postal authorities for delivery of such notice or, if undelivered, on the date of the return thereof to the Township. If notice is hand delivered, the period of time shall commence upon service of notice.
Every such notice shall, in addition to requiring compliance with this article, warn the owner or tenant that failure to effect such removal or remediation within the time stated in said notice will result in such removal or remediation by the Township, and the cost of such removal will be charged to the owner. Whereupon, the cost of such removal shall forthwith become a lien upon the lands and shall be added to and become a part of the taxes next to be assessed and levied upon the same, to bear interest at the same rate and to be collected in the same manner as hereinafter provided.
In all cases where materials are removed from any lands or services are rendered by the Township under this article by or under the direction of the Township, to effect such removal or remediation, such officer shall certify the cost thereof to the Township Committee, who shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rates as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes. The above costs of removal shall be additional to any other penalties which may be imposed under this article.
Any person convicted of a violation of any provision of this article or any supplement thereto may, in the discretion of the court in which he was convicted, for each offense, be punishable by a fine not exceeding $100.
In default of the payment of any fine imposed hereunder, the person convicted may, at the discretion of the court by whom convicted, be imprisoned in the Morris County jail for a term not exceeding 90 days.