[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:
A.
Establishing minimum maintenance standards for premises in the Township
of Mendham.
B.
Affixing the responsibilities of owners, tenants, operators and occupants
of such premises.
C.
Providing for proper notification for violation of this article.
D.
Providing for collection of costs incurred by the municipality.
E.
Providing for penalties for violations of this article.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
