[HISTORY: Adopted by the Township Committee
of the Township of Rochelle Park 9-11-1950 by Ord. No. 173. Amendments
noted where applicable.]
[Added 8-20-2014 by Ord. No. 1073-14[1]]
A.
Height of shrubs and hedges. All shrubs and hedges growing within
10 feet of any roadway and within 20 feet of the intersection of two
roadways shall, where it is necessary and expedient for the preservation
of the public safety, be cut to a height of no more than 2 1/2
feet by the owner or tenant of lands lying within the Township of
Rochelle Park within seven days after notice to cut the same, which
notice shall be given by or at the direction of the Property Maintenance
Department, Building Department or Department of Public Works.
B.
Height of grass and weeds.
(1)
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of eight inches. All noxious weeds
shall be prohibited. Weeds shall be defined as all grasses, annual
plants and vegetation other than trees or shrubs; provided, however,
that this term shall not include cultivated flowers and gardens.
(2)
Prior to the issuance of a violation or summons pursuant to this
section, the owner, agent having charge of a property or tenant shall
be served with a notice of violation and shall be provided with a
period of seven days to abate or cure the violation and the opportunity
to cut the growth to the above length. Upon passage of the seven-day
period without abating the condition, a summons may be issued.
[1]
Editor's Note: This ordinance also repealed former §
70-1, Cutting by owner or tenant of lands.
Upon the failure of any such owner or tenant
to cut the brush, hedges or any other plant life required by the notice
after proper service thereof and after the expiration of 10 days therefrom,
same shall be cut by or under the supervision of the Superintendent
of Public Works.
In all cases where brush, hedges and other plant
life are cut from any lands as provided by N.J.S.A. 40:48-2.26 by
the Township, the Superintendent of Public Works shall certify the
cost thereof as required by N.J.S.A. 40:48-2.27 and the proper officials
of the Township of Rochelle Park shall proceed as required by N.J.S.A.
40:48-2.27.
[Amended 5-5-1986 by Ord. No. 519; 8-20-2014 by Ord. No. 1073-14]
Any violation of this chapter shall, upon conviction, be punishable
as follows:
A.
For the first offense in any calendar year, by a fine of $75.
B.
For the second offense in any calendar year, by a fine of $150.
C.
For the third offense in any calendar year, by a fine of between
$250 and $500. A court appearance shall be mandatory for a third offense.
D.
For the fourth offense, by a fine up to $1,000, and/or imprisonment
for a term not exceeding 90 days, or any combination thereof. A court
appearance shall be mandatory for a fourth offense.
E.
If the owner of any property who is charged with violating this chapter
chooses to enter a plea of guilty for a first, second or third offense,
he or she shall be entitled to pay the fine without the necessity
of a court appearance.
F.
Separate violation. Except as otherwise provided, every day that
the violation shall continue shall be deemed a separate violation.
G.
This chapter may be enforced by the Department of Public Works, Health
Department, Police Department, Building Department or Property Maintenance
Department.
Every twenty-four-hour period that any owner
or tenant of lands shall refuse or neglect to cut the brush, hedges
and other plant life in the manner and within the time prescribed
by N.J.S.A. 40:48-2.26 and in violation of this chapter shall constitute
a separate and distinct offense and be punishable as such.
