Pursuant to N.J.S.A. 40:48-2.13 et seq., it is hereby found
to be necessary and expedient for the preservation of the public health,
safety and general welfare and the elimination of fire hazards to
remove brush, weeds, dead and dying trees, stumps, roots, obnoxious
growths, filth, garbage, trash and debris from lands within the Township
of Middle under the direction of a properly designated officer of
the Township of Middle as more fully set forth in this article.
In every case where the public officer determines that the described
material is present upon lands covered by this article, he shall direct
a written notice to the owner of such lands to remove the described
material within 10 days, and said notice shall further advise said
owner that if the material is not removed within the ten-day period,
the Township of Middle will proceed to have it removed and assess
the cost of removal as a lien upon the lands.
A.
All premises and exterior property shall be maintained free from
weeds or noxious plant growth in excess of six inches. All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation, other than trees or shrubs; provided,
however, this term shall not include cultivated flowers and gardens.
This subsection shall not apply to undeveloped wooded tracts. Upon
failure of the owner or agent having charge of a property to abate
a violation by cutting grass and weeds within 10 calendar days, he
or she shall be subject to prosecution in accordance with the penalties
section of the Middle Township Code, and as prescribed by the authority
having jurisdiction. Upon failure to comply with the notice of violation,
any duly authorized employee of the jurisdiction or contractor hired
by the jurisdiction shall be authorized to enter upon the property
in violation and cut and destroy the weeds, grass growing thereon,
and the costs of such removal plus an administrative fee of $100 shall
be paid by the owner or agent responsible for the property.
B.
Each separate twenty-four-hour period during which a violation continues
shall be deemed to be a separate and distinct violation of this article.
Pursuant to the authority contained in N.J.S.A. 40:48-2-26 et
seq., it is hereby declared to be illegal for the owner or tenant
of any lands lying within the Township of Middle to permit brush,
hedges, trees or other plant life to grow to a height greater than
2 1/2 feet within 10 feet of any roadway and within 25 feet of
the intersection of any two or more roadways.
If said owner or tenant fails or refuses to correct the violation
within said ten-day period, the required cutting or trash removal
or other work specified in a violation and order to correct notice
shall be performed under the direction of the designated officer and/or
Superintendent of Public Works, who shall certify the cost thereof
to the Township Committee, and shall cause the cost as shown thereon
to be charged against said lands or, in the event that such cost is
excessive, to cause the reasonable cost thereof 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 rate as other taxes, and shall be collected and enforced
by the same officers and in the same manner as taxes, and such charge
shall be in addition to any fine or penalties imposed under this article.
Any buyer who accepts title to real property containing violations
of the Property Maintenance Code shall assume the obligation to correct
said violations.
