[1972 Code § 82-1; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No.
2142-13; amended 4-5-2021 by Ord. No. 2341-21]
The International Property Maintenance Code, 2018 is hereby adopted by reference and is incorporated as if fully set forth at length herein, except such portions of the Code as are deleted, modified and/or amended in subsection 13-1.3.
[1972 Code § 82-2; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No.
2142-13; Ord. No. 2180-15; amended 4-5-2021 by Ord. No. 2341-21]
Three copies of the International Property Maintenance Code/2018, have been and are now filed in the Office of the Code Enforcement Official of the Borough of Manasquan and will remain on file in such office for use and examination by the public. Copies of the International Property Maintenance Code shall be available at the fee as stated in Chapter 16, Fees.
[1972 Code § 82-3; Ord. No. 1204; Ord. No. 1216; Ord. No. 1609; Ord. No.
1632-94; Ord. No. 1633-94; Ord. No. 1672-95; Ord. No. 1759-98 §§ 1 -
8; Ord. No. 1782-99 §§ 1 - 8; Ord. No. 1789-99 § 1;
Ord. No. 1795-99 § 1; Ord. No. 1980-06 § 1; Ord.
No. 2142-13; Ord. No. 2174-15; Ord. No. 2180-15; amended 4-5-2021 by Ord. No. 2341-21]
The International Property Maintenance Code, 2018, is amended
as follows:
a.Â
Section PM 101.1:
These regulations shall be known as the Property Maintenance
Code of the Borough of Manasquan hereinafter referred to as the "Code."
b.Â
Section PM-106.2 is hereby amended as follows:
Section PM-106.4
Any person, firm, entity or corporation violating any of the
provisions of this Code shall, upon conviction hereof, be subject
to a fine not to exceed $2,000 or imprisonment for a term not to exceed
90 days, or both, at the discretion of the Court having jurisdiction
in this matter. The Court shall have the discretion to impose a term
of community service in lieu of imprisonment. Each day that a violation
continues after due notice has been served, in accordance with the
terms and provisions of this chapter, shall be deemed a separate offense.
c.Â
Section PM-107.1:
Whenever the Code Official determines that there has been a
violation of this Code or has grounds to believe that a violation
has occurred, notice shall be given to the owner or the person or
persons responsible thereof in a manner prescribed in Sections PM-107.2
and PM-107.3, except that the Code Official shall not be required
to issue a notice of violation to enforce the provisions of Sections,
PM- 702.1, PM-705.5.1 or PM-705.5.3. Notices for condemnation procedures
shall also comply with Section PM-108.3.
d.Â
Section PM-107.3:
Notice shall be deemed to be properly served to property owner
or violator if a copy thereof is: (a) delivered to the property owner
or violator personally; or (b) delivered at the usual place of abode
of the property owner or violator to someone in the family over the
age of 14 years; or (c) delivered to the authorized in-county agent;
or (d) sent by first class mail or electronic mail addressed to the
property owner or violator at his/her last known address. If the letter
is returned showing that it was not delivered, a copy of the notice
shall be posted in a conspicuous place in or about the structure affected
by such notice.
e.Â
Section PM-111.1 is hereby deleted.
f.Â
Section PM-111.2 is hereby deleted.
g.Â
Section PM-111.2.1 is hereby deleted.
h.Â
Section PM-111.2.2 is hereby deleted.
i.Â
Section PM-111.2.6 is hereby deleted.
j.Â
Section PM-111.3 is hereby deleted.
k.Â
Section PM-111.8 is hereby deleted.
l.Â
Section PM-111.2.6 is hereby deleted.
m.Â
Section PM-111.3 is hereby deleted.
n.Â
Section PM-202.2 is hereby deleted.
o.Â
Section PM-303.3 is hereby amended as follows:
Section PM-302.3
Homeowners shall be responsible for sidewalks, walkways, stairs,
driveways, parking spaces and similar areas shall be kept in a proper
state of repair, and maintained free of obstructions or from hazardous
conditions. Stairs shall comply with the requirements of Sections
PM-304.12.
p.Â
Section PM 303.7 (Accessory Structures) is hereby amended as follows:
Section PM-302.7
All accessory structures, including detached garages, fences,
bulkheads, retaining walls and other walls, shall be maintained structurally
sound and in good repair.
q.Â
Section 302.4 is amended and supplemented as follows:
All premises and exterior property shall be maintained free
from weeds or plant growth in excess of eight inches.
r.Â
Section PM-304.4:
All foundation walls shall be maintained plumb and free from
open cracks and breaks and shall be kept in such condition so as to
prevent the entry of rats, squirrels, rodents or other non-domestic
animals or birds.
s.Â
Section PM-304.12 is hereby amended as follows:
Section PM-304-14
During the period from April 1st to October 1st, every door,
window and other outside opening utilized or required for ventilation
purposes serving any structure containing habitable rooms shall be
supplied with approved tightly fitting screens of not less than 16
mesh per inch and every swinging door shall have a self-closing device
in good working condition.
t.Â
Section 304.16 Driveway Areas is hereby amended as follows:
Driveway Areas:
All driveway areas shall be: (a) composed of brick, concrete,
pavement or stone cover; or (b) outlined by perimeter markings of
landscape ties, bricks or similar materials or planting of a height
not less than 12 inches and not more than 26 inches where the driveway
meets the cartway.
No motor vehicle shall be parked or placed on property within
any residential zone unless it is parked or placed upon a driveway
area as defined above.
u.Â
Section PM-405.3 is hereby amended as follows:
Section PM-404.5:
For existing structures, every room occupied for sleeping purposes
by one occupant shall contain at least 60 square feet of floor area,
by two occupants shall contain at least 80 square feet of floor area,
by three occupants shall contain at least 120 square feet of floor
area, and a maximum of four occupants shall contain at least 150 square
feet of floor area. New construction or renovation of 50% or greater
(commenced after December 31, 2013) must comply with Section 404.4.1
of Room Area requirements of the International Property Maintenance
Code/2018.
v.Â
Section PM-405.8 is hereby amended as follows:
Section PM-404.3
Minimum Ceiling Heights: Habitable spaces, other than kitchens,
shall have a clear ceiling height of not less than six feet 10 inches.
Hallways, corridors, laundry areas, bathrooms, toilet rooms and kitchens
shall have a clear ceiling height of not less than six feet 10 inches.
Exceptions:
1.Â
Beams or girders spaced not less than four feet on center and projecting
not more than six inches below the required ceiling height, provided
that the minimum clear height is not less than six feet eight inches.
2.Â
Dropped or furred ceilings over not more than one-half of the minimum
floor area required by this Code, provided that no part of such dropped
or furred ceiling is less than six feet 10 inches in height.
3.Â
Rooms occupied exclusively for sleeping, study or similar purposes
and having a sloped ceiling over all or part of the room, with a clear
ceiling height of at least six feet 10 inches over not less than 1/3
of the required minimum floor area. Applicable for new construction
or renovation of 50% of greater (commenced after December 31, 2013).
In calculating the floor area of such rooms, only those portions of
the floor area with a clear ceiling height of five feet or more shall
be included.
4.Â
Basement rooms in one and two-family dwellings occupied exclusively
for laundry, study or recreational purposes, having a ceiling height
of not less than six feet eight inches with not less than six feet
four inches of clear height under beams, girders, ducts and similar
obstructions.
w.Â
Section PM-602.2.1:
Every owner and operator of any building who rents, leases or
lets one or more dwelling unit, rooming unit, dormitory or guestroom
on terms, either express or implied, to furnish heat to the occupants
thereof, shall supply sufficient heat during the period from October
15th to May 15th to maintain the room temperature specified in Section
PM-602.2 during the hours between 6:30 a.m. and 10:30 p.m. of each
day and not less than 60° F. (16° C.) during other hours.
x.Â
Section PM-602.3 is amended to read as follows:
Every enclosed occupied work space shall be supplied with sufficient
heat during the period from October 15 to May 15 to maintain a temperature
of not less than 65° F. (18° C.) during all working hours:
Exceptions:
y.Â
New Section PM-603.8 (Carbon Monoxide Sensor Device) is hereby amended
as follows:
Carbon Monoxide Sensor Device
A minimum of one approved carbon monoxide sensor device shall
be installed in accordance with the provisions of N.J.S.A. 52:27D-133.3
in a building with fewer than three dwelling units.
z.Â
Section PM-605.2 is amended as follows:
Every habitable space in a dwelling shall contain at least two
separate and remote receptacle outlets. Ground fault interrupter receptacles
or ground fault breaker devices shall be installed in kitchens, bathrooms
and laundry areas in accordance with standards established under the
International Property Maintenance Code/2012 building and electrical
codes.
aa.Â
PM-702.1 Emergency Access Route:
A clear and unobstructed path to a residential structure shall
be maintained from the front entrance of the residential structure
to the public right of way. The path shall be a minimum of four feet
in width and shall be maintained directly to the public right of way
closest to the entrance to the residential structure. The beach emergency
access roadway shall be considered a public right of way. A gate or
similar device shall not be considered as an obstruction of the emergency
access route.
bb.Â
Section PM-702.9 is hereby deleted.
cc.Â
Section PM-705.4 (Fire Extinguishers) is hereby deleted.
dd.Â
Section PM-705.5 (Smoke Detectors) is hereby amended as follows:
Section PM-704.2 (Smoke Detectors):
A minimum of one approved single-station or multiple-station
smoke detector shall be installed in each guestroom, suite or sleeping
area in occupancies in Use Groups R-1 and I-1, and in dwelling units
in the immediate vicinity of the bedrooms in occupancies in Use Groups
R-2 and R-3. In all residential occupancies, smoke detectors shall
be required on every story of the dwelling unit, including basements,
but exclusive of garages. In dwelling units with split-levels and
without an intervening door between the adjacent levels, a smoke detector
installed on the upper level shall suffice for the adjacent lower
level provided that the lower level is less than one full story below
the upper level.
A structure used or intended for use for residential purposes
by not more than two households shall have installed a smoke-sensitive
alarm device(s) in accordance with the provisions of N.J.S.A. 52-27D-198.1.
[1972 Code § 50-1; amended 4-5-2021 by Ord. No. 2341-21]
The owner or tenant of any lands lying within the limits of
the Borough shall cut and keep cut to height of not more than 2Â 1/2
feet, all brush, hedges and other plant life growing within 10 feet
of any street and within 25 feet of the intersection of any streets,
within two days after notice from the Borough to cut the same.
[1972 Code § 50-2; New; amended 4-5-2021 by Ord. No. 2341-21]
If the owner or tenant of any lands lying within the Borough
shall refuse or neglect to cut and keep cut all brush, hedges and
other plant life growing within 25 feet of the intersection of any
two streets within two days after notice from the Borough Council
to cut same. The Department of Public Works shall perform all work
necessary to correct violation.
[1972 Code § 50-3]
Notice to the owner or tenant to cut brush, hedges and other
plant life growing within 10 feet of any street and within 25 feet
of the intersection of any two streets may be served upon any such
owner or tenant either personally or by certified mail at the address
to which tax bills are sent. If such lands are unoccupied and the
owners are not residents, the notice shall be mailed to his, her or
their last known post office address. If such address cannot be ascertained
with reasonable certainty, then the notice shall be published at least
twice in a newspaper circulating in the Borough before the work is
done by the Borough.
[1972 Code § 50-4; New]
In all cases where brush, hedges and other plant life are cut
from any lands under the provisions of this section as hereinabove
provided, the actual cost of repairs shall be assessed as a lien against
the property and shall be due and payable within 30 days of the time
when a written bill is served upon the property owners at the address
listed in the assessment records of the Borough. This charge shall
bear interest at the same rate as other taxes and shall be collected
and enforced by the same officers and the same manner as taxes.
[1972 Code § 77-1]
As used in this section:
Shall mean any person having any legal or equitable right,
title or interest in and to any lands or any part thereof.
Shall mean all natural "persons," all corporate, partnership
or other legal entities, as well as the partners, officers, directors,
agents, servants and employees of such "persons."
Shall mean any person in actual or constructive possession
of any lands or any part thereof.
[1972 Code § 77-2; New]
It shall be the duty of the Chief of Police, Code Enforcement
Officer or any other person authorized by the Governing Body to inspect
the lands within the Borough for the purpose of ascertaining whether
any lands contain any brush, weeds, dead or dying trees, stumps, roots,
obnoxious growths, filth, garbage, trash or debris; and if upon inspection
the Chief of Police, Code Enforcement Officer, or other person authorized
by the Borough Council finds that any of the above-mentioned items
do in fact exist in and upon any lands, he shall serve a violation
notice on the property owner or tenant.
[1972 Code § 77-3; New; amended 4-5-2021 by Ord. No. 2341-21]
The Borough Council may, upon the receipt of a report of the
Chief of Police, Code Enforcement Officer, or other person authorized
to make such inspection, and upon any additional investigation or
inspection that they may deem advisable, determine that it is necessary
and expedient for the preservation of the public health, safety, general
welfare or to eliminate a fire hazard, to remove from such lands all
such brush, weeds, dead or dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash or debris; and if they shall so determine, they
shall cause a written notice to be served upon such owner or tenant,
or person in charge of such lands, requiring the owner or tenant,
or person in charge of these lands, to remove such brush, weeds, dead
and dying trees, stumps, roots, obnoxious growths, filth, garbage,
trash or debris from such lands within one day after the serving of
the notice to remove the same. In the event that the owner or tenant,
or person in charge of such lands, cannot be found by reason of absence
or removal from the Borough of Manasquan, or for any other reason
or cause, or if such owner, tenant or person in charge resides outside
the Borough of Manasquan, such notice shall be mailed in the post
office in the Borough of Manasquan in an envelope with postage thereon
prepaid, or electronic mail addressed to such owner, tenant or person
in charge of the lands at his last known post office address as shown
on the tax duplicate of the Borough of Manasquan, and if no address
of the owner, tenant or person in charge of the lands shall appear
upon the tax duplicate, then such notice shall be posted at some prominent
or conspicuous place upon the lands, and such notice served, mailed
or posted as aforesaid shall be deemed taken to be sufficient service
of notice and the one-day period for removal shall be computed commencing
on the day following the serving, mailing or posting of such notice.
[1972 Code § 77-4]
It shall be unlawful for any owner, tenant or person in charge of the lands to fail, refuse or neglect to remove any such items mentioned and enumerated in subsection 13-5.3 within the time prescribed in the notice given by the Mayor and Council.
[1972 Code § 77-5; New]
In the event that any owner, tenant or person in charge of the lands shall fail, refuse or neglect to remove any such items mentioned and enumerated in subsection 13-5.3 within the time prescribed in the notice given by the Borough Council, the Chief of Police, Code Enforcement Officer, or such other authorized person upon receiving written authorization from the Mayor and Council, shall provide for the removal of the items under his direction.
[1972 Code § 77-6; New; Ord. No.
2133-13; Ord. No. 2180-15]
In all cases where the items mentioned and enumerated in subsection 13-5.3 hereof are removed from the lands under the direction of the Chief of Police, Code Enforcement Officer or other person authorized for that purpose, the owner, tenant or person in charge of the lands shall be required to reimburse the Borough for all expenses, fees and costs associated with the removal of said items. The fee for each Borough-assigned worker to perform debris removal services shall be as stated in Chapter 16, Fees. The minimum fee for each Borough-assigned worker to perform debris removal services shall be as stated in Chapter 16, Fees. The Chief of Police, Code Enforcement Officer, or other authorized person shall certify the cost thereof to the Borough Council and the actual cost of repairs shall be assessed as a lien against and shall be due and payable within 30 days of the time when a written bill is served upon the property owner at the address listed in the assessment records of the Borough. This charge shall 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. A copy of the certificate showing the cost of removal shall be delivered to the Collector of Taxes.
[1972 Code § 77-7; Ord. No. 884; Ord. No. 891; New]
It shall be unlawful to throw, dump, cast or deposit paper,
paper products, bottles, tin cans, containers, brush, weeds, dead
or dying trees, roots, obnoxious growths, filth, garbage, trash or
unused, discarded or waste materials or any other debris in or upon
any public street or other public place, or to accumulate or to permit
or suffer the accumulation thereof upon any private lands within the
limits of the Borough; provided that this section shall not be construed
to prohibit the placing of such materials as are removed from the
Borough by the Sanitation Department or by the person or corporation
authorized by the Borough through contract to remove the same when
placed in suitable containers for that purpose, and within 24 hours
of the time scheduled for removal.
[1972 Code § 77-8]
It shall be unlawful in any residential zone to store, permit
or suffer to be stored upon any lands any automobile which is not
capable of being used or operated, unless garaged, or any unused machinery
or building materials which are not in contemplation of immediate
use in the construction, repair or remodeling of any house, building
or other structure on the lands.
[1972 Code § 77-9; amended 4-5-2021 by Ord. No. 2341-21]
It shall be unlawful to allow, permit or suffer any stagnant
water or any mosquito or other pestilence breeding place or condition
to remain or exist upon any lands or property. It is unlawful to create
stagnant water on public roadway or right-of-way.
[1972 Code § 77-10]
It shall be unlawful to make, maintain, suffer or permit any
fire which shall emit smoke causing or producing noxious or objectionable
odors.[1]
[Added 4-5-2021 by Ord.
No. 2341-21]
No beds, mattresses, couches, chairs or other furniture not
designed or intended for outdoor use, shall be placed, stored or utilized
on any porch, stoop, balcony, deck, patio or other exterior location
or yard of any premises, except at curbside for bulk pickup.
[Ord. No. 2058-09 § 2]
The purpose of this section is to require the retrofitting of
existing storm drain inlets which are in direct contact with repaving,
repairing, reconstruction, or resurfacing or alterations of facilities
on private property, to prevent the discharge of solids and floatables
(such as plastic bottles, cans, food wrappers and other litter) to
the municipal separate storm sewer system operated by the Borough
of Manasquan so as to protect public health, safety and welfare and
to prescribe penalties for the failure to comply.
[Ord. No. 2058-09 § 2]
For the purpose of this section, the following terms, phrases,
words, and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with the context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number included the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean a conveyance or system of conveyances (including
roads with drainage systems, municipal streets, catch basins, curbs,
gutters, ditches, man-made channels, or storm drains) that is owned
or operated by the Borough of Manasquan or other public body, and
is designed and used for collecting and conveying stormwater.
Shall mean any individual, corporation, partnership, firm,
association, or political subdivision of this State subject to municipal
jurisdiction.
Shall mean an opening in a storm drain used to collect stormwater
runoff and includes, but is not limited to, a grate inlet, curb opening
inlet, slotted inlet, and combination inlet.
Shall mean the oceans and its estuaries, all springs, streams
and bodies of surface or ground water, whether natural or artificial,
within the boundaries of the State of New Jersey or subject to its
jurisdiction.
[Ord. No. 2058-09 § 2;
amended 4-5-2021 by Ord. No. 2341-21]
No person in control of private property (except a residential
lot with one single-family house) shall authorize the repaving, repairing
(except the repair of individual potholes), resurfacing (including
top coating or chip sealing with asphalt emulsion or a thin base of
hot bitumen), reconstructing or altering any surface that is in direct
contact with an existing storm drain inlet on that property unless
the storm drain inlet either:
a.Â
Already meets the design standard below to control passage of solid
or floatable materials, or
b.Â
Is retrofitted or replaced to meet the standard in subsection 13-6.4 below prior to the completion of the project.
c.Â
It is
unlawful for any property owner or tenant to paint any Borough curb
yellow or any other color.
[Ord. No. 2058-09 § 2]
Storm drain inlets identified in subsection 13-6.3 above shall comply with the following standard to control passage of solid and floatable materials through storm drain inlets. For the purposes of this paragraph, "solid and floatable materials" means sediment, debris, trash, and other floating, suspended, or settleable solids. For exemptions to this standard see subsection 13-6.4c below.
a.Â
Design engineers shall use either of the following grates whenever
they use a grate in pavement or another ground surface to collect
stormwater from that surface into a storm drain or surface water body
under that grate:
1.Â
The New Jersey Department of Transportation (NJDOT) bicycle safe
grate, which is described in Chapter 2.4 of the NJDOT Bicycle Compatible
Roadways and Bikeways Planning and Design Guidelines (April 1996);
or
2.Â
A different grate, if each individual clear space in that grate has
an area of no more than seven square inches, or is no greater than
0.5 inches across the smallest dimension.
Examples of grates subject to this standard include grates in
the grate inlets, the grate portion (non-curb opening portion) of
combination inlets, grates on storm sewer manholes, ditch grates,
trench grates, and grates of spacer bars in slotted drains. Examples
of ground surfaces include surfaces of roads (including bridges) driveways,
parking areas, bikeways, plazas, sidewalks, lawns, fields, open channels,
and stormwater basin floors.
b.Â
Whenever design engineers use a curb-opening inlet, the clear space
in that curb opening (or each individual clear space, if the curb
opening has two or more clear spaces) shall have an area of no more
than seven square inches, or be no greater than two inches across
the smallest dimension.
c.Â
This standard does not apply: 1) Where the Municipal Engineer agrees
that this standard would cause inadequate hydraulic performance that
could not be practically overcome by using additional or larger storm
drain inlets that meet these standards; 2) Where flows are conveyed
through any device (e.g. end of pipe netting facility, manufactured
treatment device, or a catch basin hood) that is designed, at a minimum,
to prevent delivery of all solid and floatable materials that could
not pass through one of the following: (1) A rectangular space 4Â 5/8
inches long and 1Â 1/2 inches wide (this option does not apply
for outfall netting facilities; or (ii) A bar screen having a bar
spacing of 0.5 inches. 3) Where flows are conveyed through a trash
rack that has parallel bars with one inch spacing between the bars;
or 4) Where the New Jersey Department of Environmental Protection
determines, pursuant to the New Jersey Register of Historic Places
Rules at N.J.A.C. 7:4-7.2c, that action to meet this standard is an
undertaking that constitutes an encroachment or will damage or destroy
the New Jersey Register listed historic property.
[Ord. No. 2058-09 § 2]
This section shall be enforced by the Code Enforcement Official
of the Borough of Manasquan.
[Ord. No. 2058-09 § 2]
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed $2,500.
[Ord. No. 2058-09 § 2]
Each subsection, sentence, clause and phrase of this section
is declared to be an independent subsection, sentence, clause or phrase,
and the finding or holding of any such portion of this section to
be unconstitutional, void, or ineffective for any cause, or reason,
shall not affect any other portion of this section.
[Added 10-3-2022 by Ord.
No. 2375-22]
a.Â
The in-ground planting of Running Bamboo or Invasive Plants is prohibited
in the Borough of Manasquan.
b.Â
Invasive Plants shall mean all native and non-native vines and vegetation
that, by their nature: (1) grow beyond the borders of the property
of initial planting or cultivation; (2) are competitive, persistent,
and pernicious; and (3) cause a neighboring property owner or the
Borough potential hardship due to the vegetation being overly competitive,
poisonous, allergenic, illegal by State statute, or hazardous to the
neighboring property's trees, vegetation, structures and facilities.
Examples of Invasive Plants shall include but are not limited to the
following plant genera: Bamboo (clumping, spreading or running type),
Ragweed (ambrosia), Poison ivy (rhus radicans), Poison oak (toxicondendron
vernix), Tree of heaven (Alianthus altissima), Garlic mustard (Alliaria
petiolate), Japanese knotweed (Polygonum caspidatum), Mile-a-minute
(Polygonum Perfoliatum), Multi flora rose (Rosa multiflora), Kudzu
(Pueraria montana), and Porcelain berry (Ampelopsis brevipedunculata),
and shall include the plant, and any cutting, flower, seed, root,
other plant part, or cultivar therefrom.
c.Â
Regulation of and Limitations on Existing Invasive Plants.
1.Â
All property owners must control the growth of invasive plants on
their property. Failure to control the significant spread of such
vegetation beyond the boundaries of any property within the Borough
is a violation of this section.
2.Â
All existing plantings must be contained by appropriate physical
barriers to prevent growth or spread of existing invasive species
beyond the boundaries of a resident's property.
3.Â
Spread is significant when the plant's roots grow beyond the
boundaries of a property owner's yard or take over or invade
a neighbor's fencing, plants or other landscaping.
d.Â
Removal of Invasive Species.
1.Â
In the event Invasive Species Plant(s) are present on any plot of
land, or any other premises or place in the Borough and a complaint
is received by the Borough regarding an encroachment of any Invasive
Species Plant and the Borough Code Enforcement Inspector, after observation
and/or inspection, determines that there is an encroachment or invasion
of an Invasive Species Plant on any adjoining/neighboring private
or public property or public right-of-way, the Borough shall serve
notice to the Invasive Species Plant property owner, in writing, to
remove or abate the violation within such time as shall be specified
in such notice.
2.Â
The cost of abatement shall be borne by the Invasive Species Plant
property owner. If the owner fails to comply with such notice within
the time period specified herein, the Borough may remove or otherwise
control the invasive plant species and the Borough may thereafter
recover the cost of such removal from the property owner and place
a lien on the property to recover the cost of said removal.
e.Â
Regulation of and Limitations on Existing Running Bamboo.
1.Â
In the event any species commonly knowing as "Running Bamboo" is
located upon any property within the Borough of Manasquan, prior to
the effective date of this prohibition, the owner and occupant of
said property shall jointly and severally be required to confine such
species to prevent encroachment, spread, invasion or intrusion of
same onto any other private or public property or public right-of-way.
In lieu of confining the species, the property owner or occupant may
elect to totally remove the bamboo from the property. Failure to properly
confine such bamboo shall require removal as set forth below. The
cost of said removal shall be at the bamboo property owner's
expense.
f.Â
Removal of Running Bamboo.
1.Â
Whenever running bamboo, as defined by this Chapter, is found on
any plot of land, lot or any other premises or place, as is found
to lack appropriate physical barriers to prevent the spread or growth
of the species, or is found to have spread beyond the boundaries of
a property, violations shall be given to the owner of the property
from which the invasive species have spread, in writing, to remove
or abate the same within 30 days. The cost of all remedies, including
the removal of plantings of invasive plants, shall be borne by the
property owner.
g.Â
Penalty.
1.Â
Any person violating the provisions of this section shall, upon conviction,
be punished by a fine or not more than $2,000, or community service,
as determined by the Municipal Court of the Borough of Manasquan.
A continuation of such violation for each successive day shall constitute
a separate offense and the person or persons allowing or permitting
the continuation of such violation will be punished as provided above
for each separate offense.
