[Adopted 6-27-1972 by Ord. No. 72-9 as Ch.
19, Art. 6, of the Revised Ordinances of 1972]
[1]
Editor's Note: For statute authorizing a municipality
to enact ordinances for the trimming of plant life near street intersections,
see N.J.S.A. 40:48-2.26 and 2.27.
As used in this article, the following terms
shall have the meanings indicated:
Includes any hedge, brush or other plant life on lands within
the Borough.
[Amended 11-25-1986 by Ord. No. 86-17[1]]
Whenever the Chief Law Enforcement Officer shall
determine that it is necessary and expedient for the preservation
of the public safety that plant life growing within 10 feet of any
roadway and within 25 feet of the intersection of two roadways be
cut to a height of not more than 2 1/2 feet, the Chief Law Enforcement
Officer may order the owner or tenant of the land described in said
determination to cut said plant life to the required height.
[Amended 11-25-1986 by Ord. No. 86-17[1]]
The Chief Law Enforcement Officer shall cause to be served upon the owner or tenant of the lands described in said determination, by personal service or by certified mail addressed to the last known address, a notice directing said owner or tenant to comply with the provisions of § 260-35 of this article.
Within 10 days after service of said notice,
the owner or tenant shall cause the plant life described in said determination
to be cut to a height of not more than 2 1/2 feet.
[Amended 11-25-1986 by Ord. No. 86-17]
If the plant life described in said determination
shall not be cut in the manner and within the time designated in said
notice, the Superintendent of Public Works may cause the same to be
cut. Should the Superintendent of Public Works cause the same to be
cut, he or she shall certify the cost of said work to the Borough
Council.
A.
The Council shall examine the certificate of costs
submitted by the Superintendent of Public Works and, if found correct,
shall, by resolution, cause the cost as shown thereon to be charged
against said lands, or, in the event that the cost shown thereon is
excessive, shall cause the reasonable cost of said work to be charged
against said lands. A certified copy of said resolution shall be filed
with the Tax Collector of the Borough.
B.
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. Said amount
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.
Every owner, tenant or occupant who shall refuse or neglect to cut or trim any plant life in the manner and within the time hereinabove provided in this article, or who violates any provision of this article, shall, upon conviction thereof, be subject to the provisions of Chapter 226, Penalties.
