The owner or tenant of land forming a corner
lot or property 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 above
the adjacent sidewalk elevation.
The owner or tenant of land forming a corner
lot or property shall not construct or maintain any fence or other
structure within 10 feet of any roadway and within 25 feet of the
intersection of two roadways, which fence or other structure is more
than 2 1/2 feet above the adjacent curb level or, where no curb
exists, above the adjacent street level.
The Police Department shall give the owner or tenant who violates any provision of §
82-1 or
82-2 written notice to remove or correct the prohibited condition so as to cure such violation within 15 days after receipt of the notice.
In any case where a strict application of this
chapter would result in undue hardship, the Council, after receipt
of a request in writing stating the reasons for such undue hardship,
may by resolution grant a variance from such strict application.
When it appears that the owner or tenant of
land and premises which contain conditions in violation of this chapter
cannot be brought within the jurisdiction of the Municipal Court of
the Borough, or where the prohibited conditions continue after a hearing
pursuant to a complaint under this chapter, then the Borough Clerk,
at the direction of the Council, may notify the Borough Engineer in
writing of the existence of such prohibited conditions and request
that the same be removed. The Borough Engineer, following the receipt
of such written notice, shall cause the removal or correction of the
prohibited conditions.
The cost of the work done by the Borough Engineer
shall be certified by the Engineer to the Council. Upon receipt of
the certificate, the Council shall examine the same and, if found
correct, shall cause the cost as shown thereon to be charged against
said lands. If such cost is found to be excessive, the Council shall
cause the reasonable cost thereof to be charged against said lands.
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 against such lands. Such amount shall 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. Proceedings
under this section may be in addition to or in lieu of a complaint
in the Municipal Court.
[Amended 7-8-1974 by Ord. No. 74-16]
Any owner or tenant of land and premises who is given notice pursuant to §
82-3 and refuses or neglects to comply with same within 15 days of receipt of notice shall, upon conviction thereof, be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 90 days, or both. A separate violation shall be deemed committed on each day during or on which a violation occurs or continues.