As used in this article:
ENCROACHMENT
Any permanent fixture such as a wall or fence, shrubbery, planting, bushes or trees (except only grass) which illegally intrudes into or invades a portion of the public right-of-way, obstructing or diminishing the width or area of the same but without closing it to public travel; provided that trees planted every 50 feet along and parallel to said public right-of-way, which do not obstruct passage, are permitted.
OBSTRUCTION
Any permanent hindrance, obstacle or barrier which, in any manner, impedes the flow of traffic on the highway and closes it to public travel.
OWNER
The holder of the title in fee simple of the real property on which said encroachment or obstruction is situated.
PRIVATE UNDERGROUND SYSTEM
Any permanent underground device installed for private use, such as but not limited to underground irrigation systems or in-ground electric pet fencing systems
[Ord. No. 1-11]
PUBLIC OFFICER
The officer or officers who are authorized by this article to exercise the powers prescribed herein.
PUBLIC RIGHT-OF-WAY
Any street, road, avenue or highway, including the sidewalk areas thereof for the full width of the dedication thereof, used for the passage or movement of vehicles or pedestrians and members of the public.
A. 
No owner of any real property located in the Borough of North Caldwell 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.
B. 
In accordance with Chapter 154, P.L. 2004 (N.J.S.A. 48:3-17a), before a public utility places, replaces or removes a pole or an underground facility located in the Borough of North Caldwell within a twenty-four-hour period, which pole or underground facility is used for the supplying and distribution of electricity for light, heat or power, or for the furnishing of water service or telephone or other telecommunications service on or below a public right-of-way in the Borough of North Caldwell, the public utility shall, in addition to any other requirements of law, notify the Construction Code Official of North Caldwell, at least 24 hours before undertaking any construction or excavation related to the placement, replacement or removal of such pole or underground facility. For the purposes of this section, "underground facility" means one or more underground pipes, cables, wires, lines or other structures used for the supplying and distribution of electricity for light, heat or power or for the providing of water service, or for the furnishing of telephone or other telecommunications service.
C. 
Private underground systems in public right-of-way.
[Ord. No. 1-11]
(1) 
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 underground system installed within a public right-of-way or utility easement.
(2) 
Private underground systems 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.
(3) 
The borough shall not, under any circumstance, maintain, repair or replace any portion of private underground systems 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.
Whenever the attention of the Public Officer is called to the existence in the Borough of North Caldwell of any encroachment on or obstruction of, on or in a public right-of-way, or whenever it appears to the Public Officer on his own motion that such encroachment or obstruction exists, the said Officer shall prepare and serve upon the owner of the said premises, personally or by registered mail, a written demand for the removal by the said owner of the encroachment or obstruction within 30 days after service of such demand upon the said owner.
If the owner fails to comply with the order to remove said encroachment or obstruction, the Public Officer shall initiate a proceeding before the Judge 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 Tax Collector, 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 North Caldwell 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 North Caldwell.
[New]
Any person violating any of the provisions of this article shall, upon conviction, be liable to the penalty stated in Chapter 1, Article II General Penalty, Section 1-5 et seq., in the discretion of the Municipal Court Judge. Every day that such violation shall continue shall be construed as a separate and distinct offense.