[HISTORY: Adopted by the Mayor and Council of the Borough of Bergenfield
12-16-1975 by Ord. No. 1046 as Sec. 3-3 of the Revised General Ordinances.
Amendments noted where applicable.]
The owner or tenant of any lands lying within the limits of the Borough
shall keep all brush, hedges and other plant life growing within 10 feet of
any roadway and within 25 feet of the intersection of two roadways, cut to
a height of not more than 2 1/2 feet where it shall be determined necessary
and expedient for the preservation of the public safety, within 10 days after
notice to cut and remove the same.
Notice to cut and remove objectionable brush, hedges and other plant
life shall be given by the Borough Clerk to the owner or tenant by registered
mail to the last known post office address.
In the event of the failure of any owner or tenant to keep all brush,
hedges and other plant life, growing within 10 feet of any roadway
and within 25 feet of the intersection of two roadways, cut to a height of
not more than 2 1/2 feet, after written notice thereof, the Borough may proceed
to cause the cutting and removal of brush, hedges and other plant life under
the direction of the Superintendent of the Department of Public Works.
In any case where the Borough has cut and removed brush, hedges and
other plant life, the Superintendent of the Department of Public Works shall
thereafter certify to the Borough Council the cost thereof, and if the amount
so certified is by resolution of the Council determined to be correct and
reasonable, the Borough Clerk shall forthwith deliver a certified copy of
the resolution to the Tax Collector. The amount so charged shall forthwith
become a lien upon the lands from which the brush, hedges, and other plant
life were cut and removed, and shall be added to and become and form part
of the taxes next to be assessed and levied upon the lands. It shall bear
interest at the same rate as other taxes and shall be collected and enforced
by the Tax Collector, in the same manner as taxes, as authorized by N.J.S.A.
40:48.2.26.
Any person who shall refuse or neglect, after written notice as above
set forth, to comply with the demands therein made with respect to the cutting
of the foregoing for the preservation of the public safety of the citizens
of the Borough, within the period of time above set forth, shall upon conviction
thereof be liable to a penalty not to exceed $25, and each and every day in
which the owner or tenant shall refuse or neglect so to cut such matter shall
be and constitute a separate offense. The imposition and collection of any
fine or penalty prescribed by this section shall not bar the right of the
Borough to collect the cost of the cutting of the brush, hedges and other
plant life, as hereinbefore specified. Said remedies shall be cumulative.
