[HISTORY: Adopted by the Township Council of the Township
of Byram 12-17-2019 by Ord. No. 17-2019. Amendments noted where applicable.]
A.
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.
B.
MUNICIPAL RIGHT-OF-WAY STRIP
Definition. As used in this chapter, the
following terms shall have the meanings indicated:
The area between the owner's property lot line and edge of
pavement.
A.
It shall be the duty of the owner of any
lands in the Township of Byram to:
(1)
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.
(2)
Remove dead or dying trees and/or branches.
B.
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.
A.
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.
B.
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.
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.
B.
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.
C.
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.
