[Added 12-9-2013 by Ord. No. 06-13]
For the purposes of this article, the following terms and phrases
shall have the meanings set forth in this section, unless a different
meaning is clearly indicated by the context:
Any fixture such as a wall or fence, boulder, shrubbery,
planting, bushes or trees (except only grass) which intrudes into
or invades any portion of the public rights-of-way; provided that
trees planted parallel to the public right-of-way, which do not obstruct
passage, are permitted.
Any permanent hindrance, obstacle or barrier which in any
manner, impedes the flow of traffic on the highway and closes it to
public travel.
The holder of the title in fee simple of the real property
on which said encroachment or obstruction is situated.
Any permanent underground device installed for private use,
such as but not limited to underground irrigation systems or in-ground
electric pet fencing systems.
The officer or officers who are authorized by this article
to exercise the powers prescribed herein.
Any street, road, avenue or highway, including the sidewalk
areas, for the full width of the dedication to the public. A list
of the public right-of-ways in the Borough of Mountain Lakes is appended
to this article and incorporated herein.[1]
[1]
Editor's Note: Said list is included as an attachment to this chapter.
No owner of any real property located in the Borough of Mountain
Lakes shall erect, construct or maintain, or permit to be erected,
constructed or maintained within the limits of the public right-of-way
any encroachment or obstruction as herein defined.
A.Â
Private underground sprinkler systems, invisible fencing, and mailboxes
are permitted in the right of way provided that the private improvement
is not an obstruction and the owner agrees that the Borough assumes
no responsibility for or liability arising out of the installation,
care, operation, future maintenance or repair of any portion of a
private improvement installed within a public right-of-way or utility
easement.
B.Â
Private improvements located within a public right-of-way or utility
easement shall in no way interfere with the right of the Borough,
its contractors or other utilities to excavate therein for repair,
maintenance or installation of any public utility, street, sidewalk,
curb or for any other purpose.
C.Â
The Borough will not, under any circumstance, maintain, repair or
replace any portion of private underground systems, invisible fencing,
or mailbox located within a public right-of-way or utility easement
which might be damaged or removed by any work, accident, maintenance
activity or construction activity undertaken by the Borough, its contractors
or other utilities.
The Borough Manager of the Borough of Mountain Lakes and any
Borough official designated by the Manager shall be, and he/they are
hereby designated as, the Public Officer(s) to exercise the powers
prescribed by this article.
Whenever a public need exists and the attention of the Public
Officer is called to the existence of any encroachment on or obstruction
of, on, or in a public right-of-way in the Borough of Mountain Lakes,
the Officer shall prepare and serve upon the owner of the premises,
personally or by regular and registered mail, a written demand for
the removal of the encroachment or obstruction within 30 days after
service of such demand upon the owner.
If the owner fails to comply with the order to remove said encroachment
or obstruction, the Public Officer shall initiate a proceeding for
the penalty herein provided and, in addition thereto, may cause said
encroachment or obstructions to be removed. In that event, the cost
of such removal shall be certified to the Collector of Taxes, and
shall be a municipal lien upon the real property against which such
cost was incurred.
Nothing in this article shall be construed to abrogate or impair
the powers of any department of the Borough of Mountain Lakes to enforce
any provisions of its ordinances or regulations, nor to prevent or
punish violations thereof; and the powers conferred by this article
shall be in addition and supplemental to the powers conferred by any
other ordinance of the Borough of Mountain Lakes.
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 $1,000, imprisonment
for a term not to exceed 90 days or community service for up to 90
days, or any combination thereof, for each and every violation. If
the violation is of continuing nature, each and every day during which
it continues constitutes a separate and distinct offense.
