[Adopted 10-5-2016 by Ord. No. 2016-10]
A.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Supervisor
of the Department of Public Works, or his designee, shall require
any owner, tenant, occupant, managing agent, executor, administrator,
or other similar person, to remove or destroy brush, weeds (including
ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris, within 10 days after receipt of notice
to remove or destroy the same.
B.
No person shall cause any brush, weeds, dead or dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash or debris, to be removed
from the property of said owner upon any Township or County right-of-way
or easement or upon neighboring property. All such obnoxious growth
and debris shall be collected and either removed from the premises
or accumulated in trash cans, bags or other similar containers, for
removal by any appropriate sanitation service, the property shall
be cleared within the entire perimeter of the property, and extend
to the curb or gutter line of the adjoining roadway, as the case may
be.
A.
The Supervisor of the Department of Public Works, or his designee, shall serve written notice upon any such person described in § 148-12A of this chapter, describing the condition of the premises and demanding that the condition be abated within seven days of receipt of said notice, or an appropriate complaint shall be filed in violation of this chapter, subjecting said person, upon conviction, to fines and penalties.
A.
Where the owner, operator and/or occupier shall refuse and/or neglect
to correct the violation(s) within five days after the date of the
notice as referenced in this chapter, or upon the expiration of five
days following posting of notice as provided in this chapter, or,
in the case of a second or subsequent violation within one year from
the date of the last notice, three days after the date of the notice
as referenced in this chapter, or upon the expiration of three days
following posting of notice as provided in this chapter the Township
may correct or cause the violation(s) to be corrected, at the expense
of the owner, tenant, occupant, managing agent, executor, administrator,
or other similar person, as the case may be.
B.
Where the owner, operator and/or occupier refuses and/or neglects
to correct the violation(s) within five days after receipt of notice
as referenced in this chapter, or upon the expiration of five days
following posting of notice as provided in this chapter, or, in the
case of a second or subsequent violation within one year from the
date of the last notice, three days after the date of the notice as
referenced in this chapter, or upon the expiration of three days following
posting of notice as provided in this chapter, and the Township is
required to take corrective measures as referenced in this chapter,
the notices given to the owner, operator and/or occupier of any such
land shall be valid for subsequent remedial action to the property
a period of 180 days from the expiration of five days following posting
of notice as provided in this chapter.
C.
Department of Public Works fees for services and equipment. The fee
schedule for Department of Public Works personnel and equipment shall
be based upon an hourly rate, which shall be established by resolution
of the Township committee of the Township of Deerfield on an annual
basis. The minimum charge for personnel from the Department of Public
Works shall be $250 per day per occurrence.
In all cases where such conditions are abated by the Supervisor
of the Department of Public Works, the Supervisor or his designee
shall certify the cost thereof to the Township Committee of the Township
of Deerfield, which shall examine the certificate, and if found correct,
shall cause the cost as shown thereon to be charged against said land.
The amount so charged shall forthwith become a lien upon such land
and shall be added to and become 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 Deerfield
Township Tax Collector.
A.
Any owner, tenant, occupant, managing agent, executor, administrator
or other similar person who violates any provision of this chapter
shall, upon conviction in the Cumberland Salem Regional Municipal
Court, or such other court having jurisdiction, be liable for fines
and penalties as set forth in the code of the Township of Deerfield.
Each day that a violation occurs shall be deemed a separate and distinct
violation, subject to the penalty provisions of this chapter.
B.
The imposition and collection of a fine imposed hereunder shall not
bar the right of the Township of Deerfield to collect the cost of
removal in the manner as permitted herein, or by summary action, in
a court of law, and the remedy herein provided shall be cumulative.
A.
Purpose. This section is adopted to control the planting, cultivating,
and/or growing of bamboo and other invasive plant species in the Township
of Deerfield. It is further intended to require barriers that will
prevent the spread of invasive plant species, such as bamboo, into
other areas in the Township of Deerfield.
B.
Definitions. All native and nonnative vines and vegetation that grow
out of place and are competitive, persistent and pernicious; those
plants may damage trees, vegetation, sidewalks or structures. Examples
include, but are not limited to, bamboo as well as invasive plant
species developed by the New Jersey Species Strike Team and the New
Jersey Forestry Association. The terms "bamboo" and "invasive plant
species" shall include, but not be limited to, the following plant
genera (commonly known as spreading or running ty): Arundinaria, Bambusa,
Chimonobambusa, Dendrocalamus, Fargesia, Phyllostachys, Pleioblatus,
Sasa, Sasaella, Semiarundinaria, ragweed, multi-flora rose kudzu-vine
and poison oak or ivy.
C.
Prohibition. No owner, tenant or occupant of a property, or person,
corporation or other entity, shall plant, install, or cause or permit
the planting or installation of invasive plant species such as bamboo
within any lot and/or parcel of ground anywhere within geographic
boundaries of the Township of Deerfield.
D.
Duty to confine; inspection and approval of Code Enforcement Officer.
(1)
If there exists any species commonly known as "bamboo-running or
clumping," or any other invasive plant species located upon any property
within the Township of Deerfield prior to the effective date of this
section, there shall be a duty to confine imposed upon the owner or
occupant of the property. The duty to confine shall require owners
and occupants to prevent the encroachment, spread, invasion or intrusion
of bamboo and other invasive plant species onto any other private
property, public property, or public right-of-way.
(2)
All places and premises in the Township of Deerfield shall be subject
to inspection by the Code Enforcement Officer when there is reason
to believe that any section of this chapter is being violated.
(3)
Property owners who seek to confine bamboo or other invasive plant
species must do so in accordance with methods approved by the Township
of Deerfield Code Enforcement Officer. The Code Enforcement Officer
may permit, inspect and approve methods of confinement and amend the
requirements of said confinement from time to time. The Code Enforcement
Officer may also permit, inspect and approve proper methods for full
removal of bamboo or other invasive plant species.
(4)
Failure to confine bamboo or other invasive plant species m accordance
with the requirements set forth by the Code Enforcement Officer shall
require immediate removal by the property owner or occupant.
(5)
An owner or occupant with property containing bamboo or other invasive
plant species prior to the adoption of this Section may fully remove
the bamboo or other invasive plant species in lieu of the duty to
confine. Such removal must conform with the requirements set forth
by the Code Enforcement Officer.
A.
Bamboo and other invasive plant species shall be considered properly
confined when its root system is entirely contained within an above-ground
level planter, barrel or other vessel of such design, material and
location as to completely prevent the root system's growth beyond
the container in which it is planted.
B.
When properly confined as described herein, all bamboo and invasive
plant species shall be located, trimmed, and maintained so that no
part of the plant shall be closer than 10 feet from any property line.
A.
Encroachment on public property; rights of Township. When an encroachment
of bamboo or other invasive plant species occurs upon public property
or public right of way, the Township of Deerfield may remove or contract
for the removal of such bamboo or other invasive plant species from
the public property or right-of-way. The cost of removal shall be
the responsibility of the property owner and shall be assessed as
a lien against the property on which the growth originated. The cost
of removal of the bamboo and other invasive plant species shall also
include the installation of an appropriate barrier to prevent future
invasion onto the public property or right-of-way.
B.
Encroachment on private property; rights of property owner. Nothing
herein shall be interpreted as limiting the rights of a private property
owner to seek civil relief through a court of proper jurisdiction,
nor the institution of civil proceedings against the proper parties.
A.
The cost of corrective action, together with any civil penalties,
legal fees and other costs, shall be recoverable from the responsible
party.
B.
Whenever it shall be deemed for the preservation of the public health,
safety and welfare, or to eliminate a fire hazard, the Supervisor
of the Department of Public Works or his designee shall require any
owner, tenant, occupant, managing agent, executor, administrator or
other similar person to remove or destroy brush, weeds (including
ragweed), dead and dying trees, stumps, roots, obnoxious growth, filth,
garbage, trash and debris from the property or within the entire perimeter
of the property that extends to the curbline of the roadway abutting
his property, within five days after receipt of notice to remove or
destroy the same.
C.
All such obnoxious growth and debris shall be collected and either
removed from the premises or accumulated in trash cans, bags or other
similar containers for removal by any appropriate sanitation service;
the property shall be cleared within the entire perimeter of the property
and extend to the curbline or gutter line of the adjoining roadway,
as the case may be.