Does the ordinance referenced below apply to weeds in a back yard? And can a zoning officer threaten to take you to court without first notifying you?

[Julio2468]

I got this text from an unknown number:
[ § 65-1
Restrictions.
It shall be unlawful for any owner or owners, occupant or occupants, tenant or tenants of any lot or tract of land situate within the Township of Mount Laurel to permit or maintain on any such lot or tract of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris injurious to the public health, safety and general welfare or where the same shall tend to create a fire hazard. This chapter shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.]

When I asked who this was, I got the reply:
[Rick Carp, Mount Laurel Township zoning officer. Your grass at (address) needs to be cut or we are going to court.]

This is pertaining to a Back Yard, so I replied with:
[How do you consider uncut grass in a back yard that is not visible from the street or accessible to the public (unless they are trespassing), injurious or hazardous to the public? And why are you threatening to take me to court without first sending any code violation notices?]

His response was:
Your violations were sent regular mail and certified mail this morning.

My question is:
Does the ordinance referenced above apply to weeds in a back yard? And can a zoning officer threaten to take you to court without first notifying you of any violations?

 

[Mass_Shyster]

Grass is not a weed. If you want to harvest grass seeds, you have to let it grow.

 

[Julio2468]

Although Rick's threat only mentioned grass, the back yard in question is not being maintained and does have overgrown weeds in it, but as the back yard is not visible from the street and not accessible to the public, I don't understand how the ordinance that was texted to me applies?

 

[Just Blue]

Although Rick's threat only mentioned grass, the back yard in question is not being maintained and does have overgrown weeds in it, but as the back yard is not visible from the street and not accessible to the public, I don't understand how the ordinance that was texted to me applies?

May I ask why you don't just mow the yard?

 

[PayrollHRGuy]

Although Rick's threat only mentioned grass, the back yard in question is not being maintained and does have overgrown weeds in it, but as the back yard is not visible from the street and not accessible to the public, I don't understand how the ordinance that was texted to me applies?

I don't understand how you think it doesn't apply to you unless the last sentence...

This chapter shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.

...applies to your land because it is the only listed exception or you are within the Township of Mount Laurel.

 

[Julio2468]

May I ask why you don't just mow the yard?

The short answer is that the yard in question is a common area between two owners. And the other owner has not only neglected to take care of her portion, but has also failed to maintain the plumbing in her apartment (which is above mine) and has caused thousands in water damage that she also refused to take responsibility for. I stopped maintaining the yard, because half belongs to the other owner and the inside of the property is a far greater priority.

 

[Julio2468]

I don't understand how you think it doesn't apply to you unless the last sentence...

This chapter shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.

...applies to your land because it is the only listed exception or you are within the Township of Mount Laurel.

How do you consider uncut grass/weeds in a back yard that is not visible from the street or accessible to the public (unless they are trespassing), "injurious or hazardous" to the public as described in that ordinance? The ordinance doesn't even specify if it's applicable to the front yard (that is accessible to the public) or a rear yard (that is not accessible to the public).

And what about the part where the code enforcer did not even send a notification advising of the violation, what the actual violation is, how much time we have to correct the violation, etc, before the threat of going to court was made?

 

[Just Blue]

How do you consider uncut grass/weeds in a back yard that is not visible from the street or accessible to the public (unless they are trespassing), "injurious or hazardous" to the public as described in that ordinance?

One could successfully argue that it is a breeding ground for vermin.

 

[Julio2468]

One could successfully argue that it is a breeding ground for vermin.

There are acres upon acres of densely wooded area adjacent to all the properties on our side of the street belonging to Mount Laurel Township, which have far more “brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris” that has not been maintained in years as compared to the grass/weeds in the small area of the Rear Yard behind our properties.

If vermin were a real concern, then the Township is in far greater violation of the very ordinance they are trying to enforce than I am.

 

[cbg]

Does the other owner's failure to maintain the property justify you neglecting to do so as well?

 

[Julio2468]

Does the other owner's failure to maintain the property justify you neglecting to do so as well?

Would you spend time and money maintaining the back yard of a property, when you can’t even enjoy the inside of that very property because of the other owner's negligence, especially when that same owner is also responsible for maintaining the back yard themselves?

And as I mentioned in an earlier reply, there are acres upon acres of densely wooded area behind all of the properties on our side of the street, belonging to the Township that are in a far worse condition, that actually are "injurious or hazardous" to the public if they happen to trespass on that land that hasn't been maintained in years.

 

[cbg]

Yes, I would. Do you know why? Because as a responsible owner, it is up to me to maintain the property. Someone else's failure does not excuse mine.

No one here has to justify the ordinance for you. We didn't write it and we are not the ones enforcing it. But we're sure as heck not going to tell you that the country can't enforce it, because they can.

 

[LdiJ]

I got this text from an unknown number:
[ § 65-1
Restrictions.
It shall be unlawful for any owner or owners, occupant or occupants, tenant or tenants of any lot or tract of land situate within the Township of Mount Laurel to permit or maintain on any such lot or tract of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris injurious to the public health, safety and general welfare or where the same shall tend to create a fire hazard. This chapter shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.]

When I asked who this was, I got the reply:
[Rick Carp, Mount Laurel Township zoning officer. Your grass at (address) needs to be cut or we are going to court.]

This is pertaining to a Back Yard, so I replied with:
[How do you consider uncut grass in a back yard that is not visible from the street or accessible to the public (unless they are trespassing), injurious or hazardous to the public? And why are you threatening to take me to court without first sending any code violation notices?]

His response was:
Your violations were sent regular mail and certified mail this morning.

My question is:
Does the ordinance referenced above apply to weeds in a back yard? And can a zoning officer threaten to take you to court without first notifying you of any violations?

I cannot say for sure how things work in your municipality but generally you would be given a certain amount of time to rectify the problem, and then, if not rectified you would either get a citation or the municipality would send someone to do it for a really high price and tack it onto your property taxes.

It would be really odd for someone to send you a text. How would they even have your number or know that it was a mobile and not a landline? Also, its kind of odd that it came from an alleged zoning officer.

 

[FlyingRon]

I'm missing something. Did you get the notices of violation by mail as described?

No, there's no obligation that they warn you in advance before filing the violations. Your message is sort of contradictory. Threatening to take you to court would be the notice.

Like others, I suspect this is not coming from the township.

 

[not2cleverRed]

I got this text from an unknown number:
[ § 65-1
Restrictions.
It shall be unlawful for any owner or owners, occupant or occupants, tenant or tenants of any lot or tract of land situate within the Township of Mount Laurel to permit or maintain on any such lot or tract of land any brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris injurious to the public health, safety and general welfare or where the same shall tend to create a fire hazard. This chapter shall not be construed to apply to those lands under cultivation or otherwise being utilized for the production of crops or otherwise being utilized for agricultural purposes.]

When I asked who this was, I got the reply:
[Rick Carp, Mount Laurel Township zoning officer. Your grass at (address) needs to be cut or we are going to court.]

This is pertaining to a Back Yard, so I replied with:
[How do you consider uncut grass in a back yard that is not visible from the street or accessible to the public (unless they are trespassing), injurious or hazardous to the public? And why are you threatening to take me to court without first sending any code violation notices?]

His response was:
Your violations were sent regular mail and certified mail this morning.

My question is:
Does the ordinance referenced above apply to weeds in a back yard? And can a zoning officer threaten to take you to court without first notifying you of any violations?

Breathe.

Wait until you get the actual notice of what your alleged violations are.

For other posters, this is Mount Laurel, New Jersey, and here's a link to the code section 65.

I say wait until you receive the official letter, because sometimes that better explains what the problem is, and what you are being accused of.

Unlike some others, I am not going to go all "well cut the back yard already" because I do not know what has/has not been maintained. Have you maintained a buffer between the house and the "wild"? If not, just bite the bullet and put a safe buffer between the house and the overgrowth for fire safety.

By the way, the remedy for not complying in most places would be for the municipality to come in, clean up, and bill you for the "service". Find out what needs to be done to at least minimally be in compliance and do it - it's cheaper.