It shall be unlawful to permit the branches
or limbs of any trees or shrubbery to grow or extend in any of the
streets within the territorial limits of the Borough of Sea Bright,
at a height of less than eight feet from the surface of any such streets,
and any limb or branch the whole or any part of which may be lower
than eight feet from the surface of any such street shall be and the
same is hereby declared to be a nuisance and unlawful.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The owner of any such tree or shrubbery whose
limbs or branches are hereby declared to be unlawful and nuisances
shall abate such nuisances by cutting off such branches or limbs described
in this article, or by cutting off so much thereof as may be in the
street and hanging at a height lower than eight feet from the surface
of such street within 10 days after service upon him of a written
notice in the name of the Director of Public Works of the Borough
of Sea Bright, such notice having been duly authorized by formal resolution
of the Council of the Borough of Sea Bright. If the owner of such
tree or shrubbery be unknown or cannot be found, then such notice
may be served in like manner upon the occupant or occupants of the
lot where the trees or shrubbery are located. If the owner or owners
are unknown or cannot be found and the lot or lots are unoccupied,
then such notice may be served by posting the same in some conspicuous
place on the promises.
If such limbs or branches shall not be removed
within 10 days after service of the aforesaid notice, then the Council,
by its duly authorized agents, may cut off and remove said branches
and limbs and abate said nuisances.
The cost and expense paid and incurred by the
Council or its duly authorized agents for removing and cutting said
limbs or branches shall be ascertained by the Council and certified
to the Assessor of the Borough, and such expense shall be added to
the tax or taxes on the lot or lots of land in front of which said
limbs or branches have been removed or cut, to be collected according
to law, and shall be a lien upon such lands until paid.