§ 13-105. Removal of vegetation and debris from certain lots.

(a)

(1)

Real property means any improved land, unimproved land, graveled areas, private roadways, driveways or premises. Owners are required to maintain their property in such a manner as to not endanger the health, safety or welfare of other citizens, or creates such conditions where such growth provides a harbor for rats, mosquitoes or other vermin.

(2)

Grass, weeds and uncultivated vegetation means and includes all weeds, grasses, plants, bushes, vines, poison oak, poison ivy and other vegetation not cultivated, whether living or dead, except vegetation for the purpose of conservation or preventing erosion, trees, ornamental shrubbery, ornamental grass, flowers, garden vegetables or other plants or vegetables customarily planted and/or cultivated by farmers or gardeners.

(3)

Notwithstanding any other requirements and conditions set out in this section, no owner, lienholder, occupant or any person or persons, agent, firm, corporation, other legal entity, lessee or agent having control or management of any land or premises shall allow or permit any plant growth of any sort to remain in such a manner as to render the streets, alleys, sidewalks or public ways adjoining said land or premises unsafe for public travel or in any manner so as to impede pedestrian or vehicular traffic upon any public street, alley, sidewalk or public way.

(b)

(1)

Upon failure of any owner of property within the city to cut, have cut or remove such growth of grass, weeds and uncultivated vegetation or to remove or have removed such accumulations of debris, trash, litter, garbage, refuse or other materials as described herein, it shall be the duty of the codes enforcement officer, or such other persons as are designated, to serve notice on the owner, lessee, occupant or person having control of such real property, ordering the person to remedy the condition within ten days, including weekends, of the service of such notice; provided, however, that, if the person who is the owner of record of the property is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewage or other materials, then the notice required under this section shall allow such owner of record 20 days, excluding Saturdays, Sundays and legal holidays, to comply with the order. Such notice may be served by any one or more of the following methods:

a.

Personally delivering the notice to the owner, lessee, occupant or person having control of such real property;

b.

Mailing the notice to the last known address of such owner, lessee, occupant or person having control of such property by first class, United States mail; or

c.

Posting the notice on the property on which such conditions described exist.

(2)

Service of notice by any of the methods set out in subsection (b)(1) of this section shall be due notice within the meaning of this article; provided, however, that no owner out of possession shall be liable to the penalty imposed of this code unless there shall be personal service of such notice upon him or such notice mailed to him by first class, United States mail as provided in this section.

(3)

For purposes of this section, service of notice shall occur:

a.

If notice is personally delivered to the owner, lessee, occupant or person having control of such property, on the date such delivery is made;

b.

If notice is mailed to the last known address of the owner, lessee, occupant or person having control of such property, three days after the notice is deposited in the mail, properly addressed and with sufficient postage to carry it to its destination; or

c.

If notice is posted on the property, on the date the notice is posted.

(4)

The notice required under this section shall state that the owner, lessee, occupant or other person having control of such property is entitled to a hearing. The notice shall be written in plain language and shall also include but not be limited to the following elements:

a.

A brief statement of this article, which shall contain the consequences of failing to remedy the noted condition;

b.

The person, office, address and telephone number of the department or person giving notice;

c.

A place wherein the notified party may return a copy of the notice, indicating the desire for a hearing. Failure to make the request within the time specified in this article shall, without exception, constitute a waiver of the right to a hearing.

(c)

Appeals. Any owner, lessee, occupant or person having control of property aggrieved by the determination and order of an officer under this article may appeal therefrom to the city administrator, or such other person as is designated, within ten days from the date of service of the notice; provided, however, that if the owner of record of any such aggrieved property is a carrier engaged in the transportation of property or is a utility transmitting communications, electricity, gas, liquids, steam, sewage or other materials such appeal may be taken within 20 days from the date of the service of the notice. Such appeal shall be taken by filing with the administrator a notice of appeal stating in brief and concise form the grounds therefor. The administrator shall hear and determine such appeal as promptly as practicable, but within ten calendar days of the filing of the appeal, except upon written application for an extension of time by the appellant, who shall recite reasons satisfactory to the administrator before such extension may be granted. The administrator shall have the power to affirm, reverse or modify the order of the officer. The administrator's decision, together with the reasons therefor, shall be in writing and maintained as a public record. An owner, lessee, occupant or person having control of the property who fails, refuses or neglects to comply with the order of the officer, as modified by the administrator, shall be in violation of the provisions of this article. Appeal from the decision of the administrator shall be provided by law in cases or certiorari.

(d)

(1)

If the owner or such other person described in section 13-104 shall fail to remedy such conditions within the time prescribed in that section, unless an appeal is made, the codes enforcement officer shall take such action as is necessary to remedy the conditions and abate the nuisance and the total cost to be billed to the owner. Upon failure of the owner to remit to the director of finance the amount of such charge within 60 days from the date of such notice, a ten percent penalty and filing fees for the lien shall be added and the total amount of the bill and the penalty shall be certified to the director of finance by the codes enforcement officer and shall constitute a lien upon the property for which the expenditure is made.

(2)

The city codes enforcement officer shall:

a.

Certify the cost to the city tax collector, who shall place the cost upon the tax rolls as a lien upon the affected property, which cost shall then be collected in the same manner as the city taxes are collected; and

b.

Note the lien in favor of the city and against the affected property by filing a lien against the property in the office of the register of deeds for the county in the same manner as other liens are required to be filed.

(3)

The lien granted by this section may be enforced at the same time and in the same manner as delinquent property taxes are collected and shall be subject to the same penalty and interest as delinquent property taxes.

(4)

No collection of costs may proceed against the owner of an owner-occupied residential property, including the filing of the liens referenced in subsection (d)(2), until cumulative charges for remediation equal or exceed $500.00.

(5)

In addition to the foregoing provisions, any person violating any of the provisions of this chapter shall be liable for a civil penalty pursuant to title 3, section 3-109 and 3-110 of the Morristown Municipal Code.

(6)

a.

The lien granted by this section shall be extinguished upon the payment to the city of all amounts owing hereunder, upon a finding that the lien was placed in error, or by operation of law.

b.

The lien granted by this section may also be forgiven and released by agreement of the city administrator and the city attorney for extraordinary cause, including but not limited to the following reasons:

1.

Upon a showing, by a prospective purchaser for value or prospective transferee of a lot encumbered by a lien or liens granted by this section, that the aggregate value of such liens against a lot exceeds the appraised value of the lot and that the purchaser or transferee will purchase or accept the lot if the liens are forgiven or reduced; or

2.

Upon a showing by a prospective purchaser for value or prospective transferee of a lot encumbered by a lien or liens granted by this section that the purchaser or transferee has a reasonable plan to redevelop the lot supportive of and compatible with existing neighborhood design. In such case, the purchaser or transferee shall provide a written physical and financial plan including a project budget and schedule for redevelopment to the city administrator and the city attorney. This plan shall show that lien forgiveness or reduction is necessary to the redevelopment plan, and shall show that the lot will be transferred to the purchaser or transferee if the liens are forgiven or reduced.

(7)

Forgiveness and release of such liens shall be at the sole discretion of the city administrator and the city attorney. It shall be the burden of any person seeking the forgiveness and release of any such liens to prove to the satisfaction of the city administrator and the city attorney that the conditions of subsections (d)(6)a. or (d)(6)b. exist.

(e)

Service fee for lot mowing.

(1)

Payment rates for said services shall be $250.00 per hour with a minimum payment of $125.00.

(2)

Mowing services shall be charged in 30-minute time periods, with any portion of a period charged as a full 30 minutes.

(f)

Exceptions. Notwithstanding the requirements set forth in this article, the following shall be exempt from the provisions of this article:

(1)

Undeveloped wooded areas where tree growth is in excess of ten feet in height.

(2)

All government-owned land or premises, and street rights-of-way.

(3)

Streambeds or banks.

(4)

Heavily wooded parcels of land or premises that are densely wooded with trees, shrubs and overgrowth where equipment cannot maneuver due to the density of the area.

(5)

Slopes covered with vegetation as recommended by the state agricultural extension service for the purpose of conservation or preventing erosion.

(6)

Portion of land or premises, excluding the curtilage of any dwelling located thereon, that, due to steepness of terrain, rock or rock outcroppings, marshes or wetlands, cannot be mowed using wheeled, motorized equipment, unless such vegetative growth is an immediate threat to the health or safety of life or property.

(7)

Land or premises zoned for agricultural use or that is actively and legitimately used for agricultural purposes, such as, but not limited to, mowing hay, pasture, gardens or field crops.

(8)

Periods of active construction and/or demolition, which is defined as the time when the land disturbance and/or demolition permit is issued and for a period of six months thereafter. If the construction is still in active development after the initial six-month period, the developer can request an extension for an additional six months by contacting the city administrator or his designee.

(9)

Public and private country clubs and golf courses.

( Ord. No. 3528, 11-3-2015 ; Ord. No. 3569, 10-18-2016 )