[HISTORY: Adopted by the Township Committee of the Township of Eagleswood 7-26-2010 by Ord. No. 2010-09. Amendments noted where applicable.]
As used in this chapter, the following definitions shall have the meanings indicated:
- Includes any person, persons, corporation, partnership or firm or other owner or tenant of the subject property.
Where it shall be necessary and expedient for the preservation of the public health, safety and general welfare or to eliminate a fire hazard, an owner or tenant of real property within the Township of Eagleswood shall remove from such lands brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris within 10 days after notice to remove the same from the designated official of the Township of Eagleswood.
Pursuant to N.J.S.A. 40:48-2.26, every owner or tenant of lands lying within the Township of Eagleswood shall be required to keep all brush, hedges and other plant life which are within 10 feet of any roadway and within 25 feet of any intersection of two roadways cut to a height of not more than 2 1/2 feet measured from the grade at the curbline. Any owner or tenant notified by the designated official of the Township that he or she is in violation of this section shall have 10 days after said notice to cut the same.
All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches (254 mm). All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation other than trees or shrubs, provided, however, this term shall not include cultivated flowers and gardens.
[Added 10-26-2015 by Ord. No. 2015-15]
If an owner or tenant who has received notice in accordance with the provisions of § 81-2 fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris or fails to cut any brush, hedges, shrubs or other obstructions for which said person was cited within 10 days of notice to remove the same, then and in that event the Township shall have the right to provide for the removal of the same by or under the direction of an officer of the municipality.
In all cases where any brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris are removed or any brush, hedges, shrubs or other plant life are cut by the Township under the provisions of this chapter, the municipal officer of the municipality in charge of the removal of said material shall certify the cost thereof to the governing body. Upon receipt of the certificate of cost, the governing body shall examine the same and, if found correct, shall cause the cost as shown thereon to be charged against the property from which said material was removed. The amount so charged shall 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 said lands, the same to bear interest at the same rate as other taxes, and shall be collected and enforced by the Tax Collector of the Township in accordance with the provisions of N.J.S.A. 40:48-2.27.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days, or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.