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?

[not2cleverRed]

By the way, a reasonable question to ask code enforcement is what is the maximum height of grass allowed. That might be the issue. A 3' meadow of dry grass can be a fire hazard if near to structures.

 

[Julio2468]

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.

I have not received the official code violation notice from the township, only the text message from the code enforcer officer. I suspect he got my contact information from a neighbor as retaliation because I asked if she could do something about her barking dogs in the early morning/night hours. The code enforcer officer said he was sending the violation notices AFTER I asked him why he threatened to take me to court over cutting grass in a back yard, without first sending an official notification notice as outlined in another ordinance that I found on the town website.

This is the ordinance I found which states that notice needs to be sent:
§ 65-3Failure to remove; assessment of costs.
Upon the failure of any owner or owners, occupant or occupants, tenant or tenants to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after notice to remove the same has been received from said Township of Mount Laurel, which notice may be effected by personal service or by mail, registered return receipt requested, said township shall cause the same to be removed under the direction of the Director of the Department of Public Works of said township. The notice shall be prepared and forwarded by the Township Clerk upon the direction of the Director. Said Director shall certify the cost thereof to the Township Council which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land and premises, and the cost shall be added to and become and form part of the taxes next to be assessed and levied upon the land, the same to 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.

 

[FlyingRon]

I suspect they were speaking loosely if they were the code people. The thing that's coming is the "clean up your act or else" letter (if it is indeed coming).

 

[PayrollHRGuy]

I’m just trying to understand the ordinance itself and how grass/weeds that are not accessible to the public, are considered "injurious or hazardous" to the public by the township. The ordinance doesn’t specify if it applies to the back or front of the property, how long the grass/weeds should be to be in compliance, etc? Most ordinances that I’ve found from other cities/states are specific with the high (8”,12”18” before the city/state intervenes.

If I send you a copy of an ordinance that says you can’t keep nuclear waste on your property and that I’m taking you to court for violating that ordnance, without even sending you a violation notice are you not going to ask questions?

There is nothing in the ordinance that says anything about the front, back or side yard. It also makes no mention of it not being visible to the street. If you are cited you are free to bring all these issues up in court. But it won't stop them from citing you in the first place.

 

[Julio2468]

I suspect they were speaking loosely if they were the code people. The thing that's coming is the "clean up your act or else" letter (if it is indeed coming).

Which brings me back to my original question. I'm trying to determine how an ordinance that specifically deals with conditions that are "injurious or hazardous to the public" applies to a back yard that is NOT accessible to the public and does NOT have anything that is "injurious or hazardous" in it?

 

[not2cleverRed]

I have not received the official code violation notice from the township, only the text message from the code enforcer officer. I suspect he got my contact information from a neighbor as retaliation because I asked if she could do something about her barking dogs in the early morning/night hours. The code enforcer officer said he was sending the violation notices AFTER I asked him why he threatened to take me to court over cutting grass in a back yard, without first sending an official notification notice as outlined in another ordinance that I found on the town website.

This is the ordinance I found which states that notice needs to be sent:
§ 65-3Failure to remove; assessment of costs.
Upon the failure of any owner or owners, occupant or occupants, tenant or tenants to cut and remove or otherwise destroy such brush, weeds, dead or dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after notice to remove the same has been received from said Township of Mount Laurel, which notice may be effected by personal service or by mail, registered return receipt requested, said township shall cause the same to be removed under the direction of the Director of the Department of Public Works of said township. The notice shall be prepared and forwarded by the Township Clerk upon the direction of the Director. Said Director shall certify the cost thereof to the Township Council which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said land and premises, and the cost shall be added to and become and form part of the taxes next to be assessed and levied upon the land, the same to 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.

I feel your pain.

You have not received official notice. Text messages are not official notice, per the municipal code.

Any official notice you receive should be more explicit than "you need to mow your law". I would suggest that any further communications that you have with the code enforcement officer be in writing, and feel free in those communications to state, include something like "per your text message, *quote*, on *date*."

You now know that your neighbor will use whatever connections she has in retaliation. Do not communicate with her about anything other than empty civilities like "fine weather we're having." If the dogs are continuously barking outside at times they're not supposed to, make an official noise complaint. (I am not going to examine your municipal code to determine what would be a violation.)

P.S. Still reminding you, the dry tall grass can be a fire hazard. Keep it cut out back near the house!

 

[Julio2468]

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.

I’m just trying to understand the ordinance itself and how grass/weeds that are not accessible to the public, are considered "injurious or hazardous" to the public by the township. The ordinance doesn’t specify if it applies to the back or front of the property, how long the grass/weeds should be to be in compliance, etc? Most ordinances that I’ve found from other cities/states are specific with the height (8”,12”18”) before the city/state intervenes.

If I send you a copy of an ordinance that says you can’t keep nuclear waste on your property and that I’m taking you to court for violating that ordinance, without even sending you an official violation notice are you not going to ask questions? The name of this site is FreeAdvice, if you're not even willing to give advice, then why bother chiming in? Some people...

 

[PayrollHRGuy]

I’m just trying to understand the ordinance itself and how grass/weeds that are not accessible to the public, are considered "injurious or hazardous" to the public by the township. The ordinance doesn’t specify if it applies to the back or front of the property, how long the grass/weeds should be to be in compliance, etc? Most ordinances that I’ve found from other cities/states are specific with the high (8”,12”18” before the city/state intervenes.

If I send you a copy of an ordinance that says you can’t keep nuclear waste on your property and that I’m taking you to court for violating that ordnance, without even sending you an official violation notice are you not going to ask questions?

There are two issues in there you aren't mentioning. I've highlighted them for you. That is not to say that high weeds next to buildings can also be injurious to public health & safety.

§ 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.

 

[cbg]

I gave you advice. Cut the grass. That you don't want to heed the advice is not my problem.

 

[adjusterjack]

The name of this site is FreeAdvice, if you're not even willing to give advice, then why bother chiming in? Some people...

You've been getting plenty of advice, good advice, you just don't want to accept the fact that you need to take care of the weeds in the back yard.

 

[Julio2468]

You've been getting plenty of advice, good advice, you just don't want to accept the fact that you need to take care of the weeds in the back yard.

I asked two specific questions and although I've received some feedback on one, I've yet to receive any on the other. Care to make yourself useful and see if you can answer the questions? If not, then move along and find something better to do.

1. How does an ordinance that appears to specifically deal with conditions that are "injurious and hazardous" to the public, apply to a back yard that is not visible from the street, is not accessible to the public, and does not have anything that is injurious and hazardous on it?

2. Can an enforcement officer ignore proper procedures as outlined in the townships own ordinance § 65-3 (referenced above) and threaten to take you to court, without first sending the required code violation notice, advising you of your rights as outlined in the referenced ordinance?

 

[PayrollHRGuy]

1.It is up to the court to make the final decision on if you are actually breaking the law or not.

2. He is giving you a free head up.

 

[cbg]

2.) Obviously he can, because he did.

 

[adjusterjack]

How does an ordinance that appears to specifically deal with conditions that are "injurious and hazardous" to the public, apply to a back yard that is not visible from the street, is not accessible to the public,

That's simple. The ordinance doesn't say that it has to be visible from the street to be a violation. It just specifies that the condition is the violation.

does not have anything that is injurious and hazardous on it?

That's your opinion which obviously differs from the inspector's opinion. Should you be fined you'll have the opportunity to convince a judge that the condition is not injurious and hazardous.

2. Can an enforcement officer ignore proper procedures as outlined in the townships own ordinance § 65-3 (referenced above) and threaten to take you to court, without first sending the required code violation notice, advising you of your rights as outlined in the referenced ordinance?

Agree with HRGuy's comment - free head's up. Would you prefer the official citation and the fine that goes with it? I don't know, with your attitude maybe you would so you'd have something else to gripe about. You're obviously somebody incapable of accepting that he's wrong.

 

[Julio2468]

That's simple. The ordinance doesn't say that it has to be visible from the street to be a violation. It just specifies that the condition is the violation.



That's your opinion which obviously differs from the inspector's opinion. Should you be fined you'll have the opportunity to convince a judge that the condition is not injurious and hazardous.



Agree with HRGuy's comment - free head's up. Would you prefer the official citation and the fine that goes with it? I don't know, with your attitude maybe you would so you'd have something else to gripe about. You're obviously somebody incapable of accepting that he's wrong.

I’m someone who has seen a lot of injustice in my lifetime, so when I get a text that was anonymously sent in the very first contact and then a threat to go to court over uncut “grass” in my back yard (his words) when I asked who it was, I’m going to ask questions. Because of the extremely unprofessional manner this “code enforcer” reached out to me, I even doubted his authenticity at first and thought it was someone posing as an employee of the township.

This is a low income neighborhood and every other back yard is in worse condition than the previous one, and none have been targeted except me. In fact, the neighbor that I suspect turned me in has mounds of firewood directly on the ground that has rotted out over the years and is not only a true fire hazard, but a source for all manner of insects.

When I found this site, I figured I’d take a chance and ask for some advice to find out if what this “code enforcer” is doing is even legal? But I now see that was a mistake, because instead of getting advice, I’m having to deal with people like cbg and yourself.

Have a nice day…