[HISTORY: Adopted by the Mayor and Council
of the Borough of Newfield 12-11-1956 (Ch. 80 of the 1991 Code); amended in its entirety 7-14-2022 by Ord. No. 2022-17. Subsequent amendments noted where applicable.]
The owner or owners, tenant or tenants of lands abutting or
bordering upon any of the public streets, avenues or highways of the
Borough of Newfield are hereby required to remove all grass, brush
or other plant or vegetable growth in excess of eight inches in height,
as well as rubbish or debris, which may in any way impair the visibility
of persons using the public highways to the danger of other users
thereof; or which may emit foul or unhealthy odors; or which may serve
as a place for the breeding of flies, mosquitoes or as a refuge of
mice, rats, snakes and any other animals of a distasteful nature and
generally odious to man; or which may constitute a fire hazard; or
which may constitute an impediment or be overhanging the sidewalks
along any of said streets, avenues or highways; or which may be generally
disagreeable or obnoxious to the residents in the immediate vicinity
of any lands on which said grass, weeds, brush or other plant or vegetable
growth, rubbish or debris may exist, within seven days after date
of notice to remove such grass, weeds, brush or other plant or vegetable
growth, rubbish or debris shall have been given either personally
or by mail. The owner or owners, tenant or tenants of record of such
property shall be required to maintain and be responsible to trim,
cut and remove such growth, including grass and weeds, growing in
the roadway adjacent to and near the curb.
In case such owner or owners, tenant or tenants shall neglect or refuse to remove such grass, weeds, brush or other plant or vegetable growth, rubbish or debris from such lands within seven days of date of notice has been given to remove same, as provided in § 81-1, then the same shall be removed by or under the direction of the Borough Clerk of the Borough of Newfield.
In all cases where any grass, weeds, brush or other plant or
vegetable growth, rubbish or debris are removed from any land, under
the provisions of this chapter, by or under the direction of the Borough
Clerk of the Borough of Newfield, such officer shall certify the costs
thereof to the Council, who shall examine the certificate and each
item thereon, and if approved by the Council or a committee of it,
costs as shown and approved shall thereupon be charged against the
lands upon which such conditions shall have existed, and the amount
so charged shall forthwith become a lien upon said lands and shall
be added to and form a part of the taxes next to be assessed and levied
upon such land and shall bear interest at the same rate as all other
taxes and shall be collected and enforced by the same officer and
in the same manner as other taxes.
No person shall do or cause to be done by others, either purposely,
carelessly or negligently, any of the following acts to a tree, shrub
or plant on a public right-of-way or park within the Borough of Newfield:
No shade or ornamental tree or shrub shall be planted in any
public highway or park without written permission from the Director
of Public Works.
The owner or tenant of any lands lying within the Borough shall
keep all trees maintained in a safe manner so they shall not create
a hazard to the general public and shall keep trees in compliance
with the Borough of Newfield Property Maintenance Code.
In case any tree, or any part thereof, along the municipal roadway
shall become dangerous to the public safety, the owner of the property
in front of which such tree shall be located shall remove the same
or the required part thereof forthwith upon service of written directive
to the effect from the Department of Public Works. The notice shall
be sent certified mail, return receipt requested, to the owner of
such property.
Upon any owner that fails to remove a tree, or portion thereof,
within two weeks after service of written notice to remove, the work
shall be performed by the Borough under the supervision of the Director
of Public Works, who shall certify the cost thereof to the Tax Collector.
Upon receipt of the certified costs, the Tax Collector shall
charge the foregoing as a lien upon the lands, and such amount shall
be added to and become and form a part of the taxes next to be assessed
and levied upon the lands, the same to bear interest at the same rate
as other taxes, and shall be collected and enforced by the same officer
and in the same manner as taxes.
The Borough may prune or remove trees deemed to be a danger
to the public by the Director of Public Works within the right-of-way
of any municipal roadway.
Whenever it becomes necessary for the Borough to prune or remove
any tree within the right-of-way of a municipal highway, any person
having a wire running through such public highway shall temporarily
remove such wire or wires within 24 hours after the service upon the
owner of the wire or wires, or his agent, of a written notice from
the Department of Public Works. Any utility company, instead of temporarily
removing such service wire, shall have the option of pruning or removing
such tree.
Any person, firm or corporation violating any of the provisions
of this chapter shall be subject to a fine not to exceed $500 for
the first offense. A second or subsequent offense shall be subject
to a fine not less than $300 not to exceed $1,000.
Upon any person continued violation of any of the provisions
of this chapter after being duly notified of such violation or shall
neglect or refuse to comply with any lawful order of the Department
of Public Works or other authorized Borough official, the failure
to comply with a second or each of any subsequent notifications or
orders shall be construed as an additional violation of this chapter,
and each such additional offense shall subject the offending party,
upon conviction, to the same penalty as provided for the first offense.
