It shall be the duty of the owner of any lands in the Township
of Mendham to:
A. Maintain and keep living trees in the road right-of-way or trees
which threaten the road right-of-way of any road in the Township in
a manner so as to keep the right-of-way safe to preserve the public
health, safety and general welfare and to remove dead or dying trees
and/or branches.
B. Maintain and keep the right-of-way free of garbage, trash and other
debris for the purpose of preserving the public health, safety and
general welfare of the public.
C. On and after the effective date of this article, no structures, fences
or obstructions shall be placed in the road right-of-way. No shrubbery
or trees that will be placed in the right-of-way shall interfere with
the sight distance from any property. The foregoing shall not be deemed
to prohibit the placement of mailboxes and house numbers in the right-of-way.
D. Existing trees and shrubbery shall be maintained so as not to interfere
with the sight distance from any property and to keep the right-of-way
safe to preserve the public health, safety and general welfare.
If any condition exists that violates this article, the Township
Zoning Officer or Tree Committee Chairman shall notify the owner of
the property of such condition or conditions, in writing, by regular
mail or personal delivery. The owner of the property shall have 45
days from the date of such written notice to correct the condition
or conditions so noticed. The Zoning Officer or Tree Committee Chairman
shall reinspect the lands in question after the forty-five day period
has expired to determine if the condition or conditions have been
abated or remedied.
If the owner of the lands in question fails to abate or remediate
the condition or conditions noticed by the Zoning Officer or Tree
Committee Chairman within 45 days of the notice, the following shall
occur:
A. A complaint shall be issued by the Zoning Officer or Tree Committee
Chairman for the violation or violations of this article, which complaint
shall be brought before the Municipal Court of the Township of Mendham.
B. If it is necessary to preserve the public health, safety or general
welfare of the Township, the Zoning Officer or Tree Committee Chairman
shall cause the condition or conditions complained about to be abated
or remedied and shall certify the cost of abatement or remediation
to the Township Committee of the Township of Mendham. The amount of
such abatement or remediation shall be paid by the owner, tenant or
person in possession within 10 days of the date of the mailing by
which the invoice is sent to the aforesaid person.
C. If the said invoice is not so paid, the amount so charged shall be
added to and become a part of the taxes next to be assessed upon the
lands in question and shall bear interest at the same rate as municipal
real estate taxes, and shall be collected and enforced by the same
officer and in the same manner as delinquent taxes.
For each day the condition or conditions complained of continue
to exist after the fourteen-day period has expired, the owner in possession
shall be subject to one or more of the following: a fine of not less
than $20 nor more than $200, imprisonment for a period not to exceed
90 days or a period of community service not to exceed 90 days for
each and every day the condition or conditions exist.