[HISTORY: Adopted by the Borough Council
of the Borough of Upper Saddle River as indicated in article histories.
Amendments noted where applicable.]
[Adopted as Section 4-4 of Ch. IV of the
Revised General Ordinances, 1971]
It shall be the duty of any owner or tenant
or person in possession of any lands in the Borough:
A.Â
To keep such lands free of brush, weeds, including
ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth,
garbage, trash and debris where the same are inimical to the preservation
of public health, safety or general welfare of the Borough or which
may constitute a fire hazard.
B.Â
To keep all brush, hedges and other plant life growing
within 10 feet of any roadway and, in the case of corner lots, within
the triangle formed by the intersecting street lines or their projections
where corners are rounded and a straight line drawn between points
along such street lines 25 feet from the point of intersection, cut
to a height not more than 2Â 1/2 feet above the ground and not
less than 15 feet from the ground in the case of trees. Brush, hedges
and other plant life shall not be permitted to grow over the roadway,
as defined by a line perpendicular at the extreme edge of the pavement
or curb, except in the case of trees 15 feet or higher.
[Amended 4-13-1994 by Ord. No. 4-94]
The Superintendent of Roads or other officer
acting in that capacity shall be the officer of the Borough to remove
such brush, weeds and the like and keep the same cut or provide for
it to be done.
Whenever the Council deems it necessary and
expedient for the preservation of the public safety or to eliminate
a fire hazard, the property owner or tenant shall be given notice
to remove the brush, weeds and the like or cut the same to the required
height within 10 days after notice is given. Notice shall be given
by mailing it to the owner or tenant at the address on the tax records
of the Borough, and the ten-day period shall commence two days after
the mailing thereof. Failure to receive such notice shall not invalidate
any of the proceedings under this article.
A.Â
If the brush, hedges and other plant life are not
cut to the required height or are not removed within such time as
aforesaid, the Superintendent of Roads or other officer acting in
that capacity shall cut, remove or arrange to have the same cut or
removed in accordance with this section.
B.Â
In such event, the officer shall certify the cost
of the work performed to the Council, which shall examine the certificate
and, if found correct, shall cause the cost as shown thereon to be
charged against the lands of the owner affected thereby, or if the
cost is deemed excessive, the reasonable cost thereof shall be charged
against such lands.
C.Â
The amount charged against the lands shall forthwith
become a lien upon the lands and shall be added to and form a part
of the taxes assessed and levied upon the lands, the same to 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.
[Added 5-8-1986 by Ord. No. 8-86]
A.Â
Maximum penalty. For violation of any provision of this article, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 9-8-1988 by Ord. No. 16-88]
B.Â
Separate violations. Except as otherwise provided,
each and every day in which a violation of any provision of this article
exists shall constitute a separate violation.
C.Â
Application. The maximum penalty stated in this section
is not intended to state an appropriate penalty for each and every
violation. Any lesser penalty, including a nominal penalty or no penalty
at all, may be appropriate for a particular case or violation.
[Adopted 12-10-2008 by Ord. No. 16-08[1]]
The purpose of this article shall be to establish
requirements for the proper handling of yard waste in the Borough
of Upper Saddle River, so as to protect public health, safety and
welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
The placement of yard waste in a trash can, bucket, bag or
other vessel, so as to prevent the yard waste from spilling or blowing
out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive,
or other way, which is an existing state, county or municipal roadway,
and includes the land between the street lines, whether improved or
unimproved, and may comprise pavement, shoulders, gutters, curbs,
sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.
The owner or occupant of any property, or any
employee or contractor of such owner or occupant engaged to provide
lawn care or landscaping services, shall not sweep, rake, blow or
otherwise place yard waste, unless the yard waste is containerized,
in the street. If yard waste that is not containerized is placed in
the street, the party responsible for placement of yard waste must
remove the yard waste from the street or said party shall be deemed
in violation of this article.
The provisions of this article shall be enforced
by the Police Department, Code Enforcement and/or Department of Public
Works of the Borough of Upper Saddle River.
Any person(s) who is found to be in violation
of the provisions of this article shall be subject to a fine not to
exceed $250.
