Borough of Hawthorne, NJ Chapter 153 Bushes, Hedges, Trees and Other Plant Life

[HISTORY: Adopted by the Board of Commissioners (now Municipal Council) of the Borough of Hawthorne 8-16-1962 by Ord. No. 1052 (Ch. 77 of the 1989 Code); amended in its entirety 6-7-2023 by Ord. No. 2318-23. Subsequent amendments noted where applicable.]

Article I Bushes, Hedges, Shrubs and Trees

§ 153-1 Owner's responsibilities; notice from Borough.

The owner or tenant of lands lying within the limits of the Borough of Hawthorne shall keep all brush, hedges, shrubs, trees and other plant life 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 necessary and expedient for the preservation of the public safety, within 10 days after notice to cut the same from the Borough.

§ 153-2 Noncompliance; action by the Property Maintenance Officer.

A. In case the owner or the tenant of such lands shall neglect or refuse to cut the same in the manner and within the time provided in § 153-1, the same may be cut under the direction of the Property Maintenance Officer. This shall be in addition to any other remedy, including, but not limited to, the issuance of a summons and complaint by the Property Maintenance Officer, under this section.

B. In case said brush, hedges, shrubs, trees or other plant life is cut under the direction of the Property Maintenance Officer, upon the neglect or refusal of said owner or tenant of such lands as aforesaid, said officer shall certify the cost thereof to the governing body, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands or, in the event that such cost is excessive, to 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 a part of the taxes necessary to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.

§ 153-3 Violations and penalties.

Any owner or tenant as aforesaid violating any of the provisions of this chapter shall, upon conviction thereof, be liable to a fine not to exceed $2,500 or imprisonment for a term not to exceed 90 days or a requirement to perform community service for a period not to exceed 90 days.

Article II Noxious Weeds and Plants

§ 153-4 Purpose.

The purpose of this article is to protect and promote the public health through the control of the growth of noxious weeds and plants. To the extent the same may be contrary to any provision of the Property Maintenance Code of the Borough of Hawthorne, this section shall govern.

§ 153-5 Definitions.

Noxious weeds and plants are perennial weeds and plants, such as those not only reproduced by seed but also spread by underground roots, stems and other highly reproductive parts, and which, when well established, are highly destructive and difficult to control by ordinary good cultural practices. Examples include but are not limited to bamboo (spreading or running type), ragweed, multiflora rose, kudzuvine and poison ivy or oak.

§ 153-6 Control of growth.

All persons must control the growth of noxious weeds and plants within their property. Failure to control the spread of such vegetation beyond the boundaries of a residential, commercial or industrial property is a violation of this article.

§ 153-7 Inspections.

All places and premises within the Borough shall be subject to inspection by the Property Maintenance Officer of the Borough of Hawthorne upon a complaint of a violation of this article.

§ 153-8 Violations and penalties.

A. Whenever a noxious weed or plant, as defined by this article, is found to have grown or spread to another plot of land, lot or any other premises or place, a violation shall be given, in writing, to the owner of the property where the noxious weed or plant originated to remove or abate the same within such time as shall be specified therein.

B. The cost of abatement shall be borne by the property owner of where the noxious weed or plant originated.

C. In addition to abatement of the condition, the owner of the property from where the noxious weed or plant originated shall be responsible to restore the lands or any improvements thereon of the adjoining land owner at their sole cost and expense.

D. If the property owner fails to comply with such notice, a complaint alleging a violation of this article shall be filed with the Municipal Court and, upon conviction, the violator shall be subject to a fine of not less than $100 and no more than $1,000 for each day the violation continues.