[Adopted 8-4-1997 by Ord.
No. 97-2479 as Ch. 234, Art. III, of the 1996 Township
Code]
As used in this article, the following terms shall have the
meanings indicated:
Includes any brush, hedges and other plant life on lands
within the Township.
The Township Committee hereby finds and declares that the existence
of plant life growing within 10 feet of any roadway and within 25
feet of the intersection of two roadways to a height in excess of
2Â 1/2 feet is inimical to the preservation of public safety and
general welfare and is likely to constitute a traffic hazard.
Whenever it shall appear to the Township Committee that the
existence upon any land within the Township of plant life growing
within 10 feet of any roadway and within 25 feet of the intersection
of two roadways and exceeding 2Â 1/2 feet in height is hazardous
to the public safety or general welfare of the residents of the Township
or those using its highways or constitutes a safety hazard, the owner
or tenant of any such lands shall be required to cut such plant life
to a height of not more than 2Â 1/2 feet within 10 days after
service of notice requiring such trimming or cutting.
Such notice may be made orally or in writing by any member of
the Police Department or other person authorized by the Township Committee.
The written notice may be served upon the owner or tenant of said
lands by delivering a notice to him or by mailing it registered or
certified mail, return receipt requested, addressed to him at his
last known address. Delivery of the notice shall mean handing it to
the owner or the tenant or leaving it at his dwelling house or usual
place of abode with some competent members of his family of the age
of 14 years or over then residing therein. Service by mail shall be
deemed complete upon the date of delivery of said registered or certified
mail as appears on the return receipt from the postal authorities.
Every such notice shall, in addition to requiring the cutting
as aforesaid, warn the owner or tenant of the lands to which it refers
that failure to accomplish such cutting will result in the cutting
by or under the direction of the Chief of Police. The notice shall
also state that in the event of the cutting as designated above, the
cost of such cutting shall forthwith become a lien upon said lands
and shall be added to and become a part of the taxes next to be assessed
and levied upon the same, to bear interest at the same rate and to
be collected as in the case of such taxes.
Whenever the owner or tenant of any lands receiving notice to cut from said lands any plant life shall have neglected or refused to effect the cutting of said plant life in the manner and within the time hereinabove provided, such cutting shall be accomplished by or under the direction of the Chief of Police designated in § 428-44, who, upon completion thereof, shall certify the cost to the Township Committee. The Township Committee shall examine the certificate and, if it shall find the same to be correct, it shall cause the cost so certified to be charged against said lands. The amount of such charge shall forthwith become a lien upon said lands and shall be added to and become and form a part of the taxes next to be assessed as taxes and to be collected and enforced by the same officers and in the same manner as taxes.
The County of Monmouth is herewith designated as an agent of
the Township, empowered to carry out the terms of this article on
all county roads and at all intersections with county roads, located
within the Township; provided, however, that the County of Monmouth
shall act only upon authority given by the passage of a resolution
by the Township Committee which shall specifically authorize the work
to be done by the County of Monmouth under the provisions of this
article; provided, further, that in such event, there will be no fees
or charges levied against the affected property owners in the Township.
A.Â
Every owner or tenant who shall refuse or neglect to cut or trim any plant life in the manner and within the time hereinabove provided in this article or who violates any provision of this article shall, upon conviction thereof, be subject to the penalties provided in § 1-4 of this Code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Amended 8-22-1988 by Ord. No. 2063[1]]
