The owner or tenant in possession of land, lying within the limits of the Borough of North Caldwell and being a corner lot or property on intersecting streets or roads, shall keep all brush, hedges and other plant life growing between the roadway and the property line [said property line being 25 feet from the center line of the street] and along the said area between the roadway and the property line, for a distance of 25 feet from the corner of an intersection of any two or more roadways measured along the property line, cut to a height of not more than two and one-half (2 1/2) feet above the adjacent sidewalk area elevation; nor shall any structure of any nature be constructed or maintained within 25 feet from the center line of any street or road and for a distance of 25 feet along said street or road; nor shall the limbs or foliage of any tree be permitted to grow nearer to the ground than eight feet, where such limbs or foliage overhang or are over or upon land in the public right-of-way within said distance of 25 feet from the corner of any two or more intersecting roadways.
[New]
In any case where a strict application of this article would result in undue hardship, the Borough Council, upon recommendation of the Borough Engineer or Chief of Police, may by resolution grant a variance from such strict application.
[New]
Any owner or tenant in possession now maintaining or hereafter maintaining any brush, hedges or other plant life growing, or who shall have constructed or maintained any structure within the prohibited area, as set forth in Section 88-16 of this article, who shall not remove the same or cause the same to conform to the conditions as provided in Section 88-16 of this article within 15 days after the receipt of a written notice from the Police Department to do so, shall be guilty of a violation of Section 88-16 of this article and, upon conviction thereof, shall be punished by a penalty as stated in Chapter 1, Article II General Penalty, Section 1-5 et seq., in the discretion of the Judge. Each day that a violation is permitted to exist shall constitute a separate offense.
Where it appears that the owner or tenant in possession of land and premises which contain brush, hedges or other plant life growing, or any structure constructed or maintained, in violation of Section 88-16 of this article, cannot be brought within the jurisdiction of the Municipal Court of the Borough of North Caldwell, or where the condition prohibited in Section 88-16 of this article still exists after a hearing pursuant to a complaint of this article, or where the Chief of the Police Department deems immediate removal of such prohibited conditions necessary for public safety, then the Chief of the Police Department may notify the Director of Public Works in writing of the existence of such prohibited condition, and request that the same be removed. The Director of Public Works, following receipt of such written notice, shall cause the removal or reduction of the brush, hedges and other plant life or structure as hereinabove provided, and the reasonable cost of the same shall be charged upon the books of the borough against the lands on which said brush, hedges and other plant life or structure existed, and, with interest thereon, shall forthwith become a lien on said lands, and shall be added to and form a part of the annual tax next assessed and levied upon such lands, and such cost shall be certified by the Borough Clerk to the Tax Collector for that purpose and shall be collected in the same manner as other taxes. Proceedings under this section may be in addition to or in lieu of a complaint in the Municipal Court of the Borough of North Caldwell under Section 88-18.