Pursuant to the authority contained in N.J.S.A.
40:48-2.26 et seq., the owner or owners or tenant or tenants of any
land or premises within the Borough of Hasbrouck Heights shall cause
all brush, hedges and other plant life growing within 10 feet of any
property line abutting a public thoroughfare to a distance of 15 feet
on either side of the point of intersection of two public thoroughfares
to be cut to a height of not more than 2 1/2 feet above the curb
or crown of the road within 10 days after written notice sent to the
last known post office address of said owner or tenant, by certified
mail, to cut the same and shall thereafter keep the same so cut to
no more than the aforesaid height of 2 1/2 feet.
The aforesaid notice shall be sent by the Superintendent
of Public Works, his agent or deputy and shall require the cutting
of all such brush, hedges or other plant life and shall set forth
the reasons therefor and provide an opportunity to said owner or tenant,
within five days of the receipt of said notice, to show cause before
the officer sending said notice why the demands therein are not necessary
and expedient for the preservation of the public safety and should
not be complied with.
In case any owner or tenant fails or neglects
to show cause why such cutting should not be done after proper notice,
as hereinabove set forth, or cut the same within 10 days, as therein
provided, the Superintendent of Public Works, his agent or deputy
may, on behalf of the Borough of Hasbrouck Heights, cause such brush,
hedges and other plant life to be cut.
In every case in which, by force of this chapter,
the cutting of the foregoing, by reason of the refusal or neglect
of the tenant or owner to cut the same, is done under the direction
of the Superintendent of Public works, his agent or deputy, the cost
thereof shall be certified to the Mayor and Borough Council of the
Borough of Hasbrouck Heights, which shall examine the certificate
of cost and, if found correct, shall cause the same, as shown thereon,
to be charged against said lands or, in the event that such cost is
excessive, shall cause the reasonable cost thereof to be charged against
said lands, and 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 to be collected
and enforced by the same officers and in the same manner as taxes.
[Amended 5-29-1990 by Ord. No. 1538; 2-10-2009 by Ord. No. 2201]
Any person who shall refuse or neglect, after proper notice, to comply with the demands therein made with respect to the cutting of the foregoing for the preservation of the public safety and general welfare of the citizens of the Borough of Hasbrouck Heights shall, upon conviction thereof, be subject to such penalties as are provided in Chapter
204 of this Code. Each and every day in which said owner or tenant shall refuse or neglect so to cut said matter shall be and constitute a separate offense.