[HISTORY: Adopted by the Township Council of the Township of Byram 12-17-2019 by Ord. No. 17-2019. Amendments noted where applicable.]
It is the intent and purpose of this chapter to hold property owners responsible for maintaining the municipal right-of-way strip between their lot line(s) and the edge of pavement. Maintenance includes but is not limited to: 1) trimming and cutting of trees, shrubs, and bushes; 2) removal of hazardous trees; and 3) keeping the area free of any objects, structures, debris or landscaping, including but not limited to walls, rocks, or any other obstructions. The Township of Byram shall not be liable for any damage to, or caused by, any vegetation, debris, or structure in the Municipal right-of-way strip.
It shall be the duty of the owner of any lands in the Township of Byram to:
Maintain existing trees, shrubs and bushes so as not to interfere with sight distance and to keep the right-of-way safe to preserve the public health, safety and general welfare. The foregoing shall not be deemed to prohibit the placement of mailboxes and house numbers in the right-of-way.
Remove dead or dying trees and/or branches.
On and after the effective date of this chapter, no objects, structures, debris or landscaping, including but not limited to walls, rocks or any other obstructions, shall be placed in the Municipal right-of-way strip.
If any condition exists that violates this article, the Township Zoning Officer shall notify the owner of the property of such condition or conditions, in writing, by regular and certified mail or personal delivery. The owner of the property shall have 10 days from the date of such written notice to correct the condition or conditions so noticed. The Zoning Officer or Superintendent of Public Works shall reinspect the lands in question after the ten-day period has expired to determine if the condition or conditions have been abated or remedied. If the condition has not been corrected, a summons will be issued.
For each day the condition or conditions complained of continue to exist after 10 days of the date of mailing of the violation, the owner in possession shall be subject to one or more of the following: a fine of not less than $200 nor more than $1,000, and/or imprisonment for a period not to exceed 10 days at the discretion of the court. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
If the owner of the lands in question fails to abate or remediate the condition or conditions noticed by the Zoning Officer or Superintendent of Public Works within 10 days of the notice, the following shall occur:
A complaint shall be issued by the Zoning Officer for the violation or violations of this article, which complaint shall be brought before the Municipal Court.
If it is necessary to preserve the public health, safety or general welfare of the Township, the Superintendent of Public Works may cause the condition or conditions complained about to be abated or remedied and shall certify the cost of abatement or remediation to the Township Council of the Township of Byram. 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.
If the owner, entity or person in possession of the dwelling or lands in question shall fail to abate the condition complained of within the time period specified after receipt of notice, the Zoning Officer shall cause the condition complained of to be abated, either by action of the Department of Public Works or by engagement of an outside contractor, and shall present a report of the work accomplished to the Township Council, along with a summary of the abatement undertaken to secure compliance. He or she shall certify the actual labor costs of same plus 25%, but not less than the administrative fee of $100, to the Township Council, which shall examine the report and certificate and, if it is correct, cause the cost as shown thereon to be charged against the dwelling or lands. A copy of the resolution approving the expenses shall be certified by the Township Clerk and filed with the Tax Collector, who shall be responsible for the collection thereof. The amount so charged shall forthwith become a lien upon the dwelling or lands and shall be added to and become and form part of the taxes next assessed and levied upon such dwelling and lands, shall bear interest at the same rate as the taxes, and shall be collected and enforced by the same officer and in the same manner as taxes. Costs shall be in addition to any penalties imposed for any violation of this chapter.