No person shall erect or cause to be erected a fence within
10 feet of any roadway and within 25 feet of the intersection of two
roadways in the Borough without first obtaining permission and approval
therefor from the Borough Chief of Police or his designee, who shall
grant approval only where there is reasonable assurance that the fence
will not impair the public safety.
Whenever it shall be determined by the Chief of Police that
there exists upon lands lying within the Borough a condition hazardous
to the public safety by reason of any trees, brushes, hedges or other
plant life growing within 10 feet of any roadway or within 25 feet
of the intersection of two roadways in the Borough, he may thereupon
give notice, by certified mail, to the owner or tenant in possession
of these lands to cut the trees, brushes, hedges or other plant life
to a height of not more than 2 1/2 feet, and who shall thereby
be obligated to perform the required cutting within 15 days of the
date of mailing of the certified notice.
The owner or tenant in possession who received a notice from
the Chief of Police to cut brush, hedges or other plant life may appeal
to the Superior Court of the State of New Jersey within 15 days from
the mailing of the certified notice.
If, after 15 days from the receipt of the notice as provided
in § 284-24, the owner or tenant of the lands shall have
refused or neglected to cut the trees, brushes, hedges or other plant
life in the manner provided, the Superintendent of Municipal Services
shall undertake the cutting of the trees, brushes, hedges or other
plant life and shall certify the cost thereof to the Borough Council,
which shall examine the certificate and, if found correct, to cause
the cost as shown thereon to be charged against such lands; or in
the event that such cost is excessive, to cause the reasonable cost
thereof to be charged against the lands. The amount so charged shall
forthwith become a lien upon the lands and shall be added to and become
and form part of the taxes next 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.
Any person, firm or corporation violating any of the provisions
of this article shall, upon conviction, be liable to the penalty stated
in N.J.S.A. 40:49-5. Each and every nonconformance of this article,
or each day that any provision of this article shall have been violated,
shall be construed as a separate and distinct violation thereof.