[Adopted 8-10-1965 (Ch. 109, Art. III, of the 1966 Code)]
[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.[1]
[1]
Editor's Note: Original § 109-33 of the 1966 Code, Fences near intersections, which immediately followed this section, was repealed 3-11-2003 by Ord. No. 2003-1190.
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.[1]
[1]
Editor's Note: Original § 109-38 of the 1966 Code, Fences; violations and penalties, which immediately followed this section, was repealed 3-11-2003 by Ord. No. 2003-1190.
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.