[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Where it shall be necessary and expedient for
the preservation of public safety, it shall be the duty of the owner
or tenant of land lying within the limits of the Borough of Montvale
to keep all brush, hedges and other plant life, growing within 10
feet of any roadway and within 25 feet of any intersection of two
roadways, cut to a height of not more than 2 1/2 feet above the
adjacent sidewalk elevation or above the street elevation if no curbline
is established.
Where it shall be necessary and expedient for
the preservation of public safety, the owner or owners, tenant or
tenants shall keep all brush, hedges or other plant life growing within
a public street or road used by vehicular traffic and sidewalk or
walkway, used by the public for walking, completely clear of obstructions
within the dedicated right-of-way, although the improved portion of
the street or road shall not completely take up the said right-of-way,
it being the intent of this section that the aforesaid owner or owners,
tenant or tenants shall be responsible for keeping clear the said
right-of-way of all plant life, brush or hedges growing within the
limits thereof beyond the improved portion of said street or road
and such sidewalk or walkway used by the public.
A determination with respect to the preservation
of the public safety as described in the preceding sections of this
article shall be made by the Public Safety Committee as appointed
by resolution of the governing body of the Borough of Montvale or
such other committee duly established by official action of the Mayor
and Council of the Borough of Montvale.
In any case where a strict application of this
article would result in undue hardship, the governing body, after
receipt of a request, in writing, stating the reasons for such undue
hardship, may by resolution grant a variance from the strict application
of the terms of this article.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any owner or owners, tenant or tenants, now maintaining or hereafter maintaining any brush, hedges or other plant life growing within the prohibited area, as set forth in §
347-31 of this article, who shall not remove the same or cause the same to be reduced to the conditions as in §
347-31 of this article, provided within 10 days after the receipt of a written notice from the Public Officer authorized under Chapter
305, Property Maintenance, to do so, shall be guilty of a violation of §
347-31 of this article and upon conviction thereof shall be punished by the penalties set forth in Chapter
1, Article
I, General Penalty. Each day that a violation is permitted to exist shall constitute a separate offense.
Where it appears that the owner or owners, tenant or tenants of land and premises which contain conditions in violation of §§
347-31 and
347-32 of this article cannot be brought within the jurisdiction of the Municipal Court of the Borough of Montvale or where the conditions prohibited in §§
347-31 and
347-32 of this article shall continue after a hearing pursuant to a complaint under this article, then the Borough Clerk at the direction of the Borough Council may notify the Borough Engineer, in writing, of the existence of such prohibited conditions and request that the same be removed. The Borough Engineer at the direction of the governing body, following the receipt of such written notice, shall cause the removal or correction of the prohibited conditions and the reasonable cost of same shall be charged upon the books of the Borough against the lands where said prohibited conditions existed and with interest thereon shall forthwith become a lien on said lands and shall be added to and form a part of the taxes next to be assessed and levied upon such lands and shall be certified by the said Borough Engineer to the Collector of Taxes 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 Montvale under §§
347-34 and
347-35.
Should any section, provision or part of this
article be held illegal or unconstitutional, the same shall not affect
any other section, provision or part, but the same shall be severable
of the rest of this article and shall remain in full force and effect.
All valid ordinances or parts of ordinances
inconsistent with the provisions of this article be and the same are
hereby repealed.
This article shall take effect after final passage
and final publication in the manner required by law.