Borough of Kinnelon, NJ Article IV Cutting of Brush and Hedges [1]

[1] Editor's Note: Ordinance No. 29-05, adopted 11-21-2005, eliminated the sunset provisions of Ord. No. 14-04, adopted 5-20-2004, which had previously provided that the sections of this article shall expire on December 31, 2005, at or before which time the governing body of the Borough shall revisit the efficiency of these provisions; provided; however, that all summonses issued prior to January 1, 2006, shall be enforced and prosecuted by the Borough irrespective of whether these sections are continued and/or reinstated. Therefore, pursuant to Ord. No. 29-05, this article shall continue in full force and effect.

§ 141-19 Duty of owner or tenant.

The owner or tenant of 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 or more roadways cut to a height of not more than 2 1/2 feet, where the Code Enforcement Officer shall deem it necessary and expedient for the preservation of public safety.

§ 141-20 Notice to owner or tenant.

After a determination by the Borough Police or the Code Enforcement Officer that it is necessary and expedient for the preservation of public safety to cut brush, hedges or other plant life, 10 days' notice shall be given by the Borough Police or the Code Enforcement Officer, in writing, by mail or personal service, to the owner or tenant, notifying him of the determination.

§ 141-21 Removal by Borough; costs established as a lien.

A. If the owner or tenant shall fail to cut the brush, hedges or other plant life within 10 days after the giving of notice, the cutting shall be done by the Department of Public Works.

B. The Director of Public Works shall certify the cost thereof to the governing body. The governing body shall examine the certificate, pursuant to N.J.S.A. 40:48-2.26 and 2.27 and, if found to be correct, shall cause the cost, as shown thereon, to be charged against the lands. In the event such cost is found to be excessive by the governing body, the governing body shall cause a reasonable cost therefor to be charged against the lands. The amount so charged shall forthwith become a lien on the lands and shall be added to and become and form a part of the taxes next to be assessed and levied upon the lands and shall bear interest at the same rate as other taxes and be collected and enforced by the same officers and in the same manner as taxes.