City of Millville, NJ Shade Tree Commission

§ 2-41 Statutory authority and creation.

[Amended 11-18-2002 by Ord. No. 32-2002]

In accordance with the provisions N.J.S.A. 40:64-1 et seq., the Shade Tree Commission of the City of Millville is hereby created having the powers enumerated in these statutes.

§ 2-42 Members of the Shade Tree Commission.

The Shade Tree Commission shall consist of seven members who shall be appointed by the Mayor in the manner and for the terms specified by state law.

All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1 of the year of appointment.

Appointments to fill vacancies occurring on the Commission shall be for the unexpired term.

The Mayor is authorized to appoint two alternate members who shall be designated as "Alternate No. 1" and "Alternate No. 2," who shall serve during the absence or disqualification of any regular member or members.

The initial term of Alternate No. 1 shall be five years which shall commence on January 1 of the year of appointment. The initial term of Alternate No. 2 shall be four years which shall commence on January 1 of the year of appointment. All subsequent appointments shall be for five years.

§ 2-43 Trimming of trees.

[Amended 12-4-2001 by Ord. No. 41-2001]

The owner of lands abutting all streets, lanes and alleys of the City, shall between February 1 and July 1 of each year, cut off all limbs and branches and trim said trees to not less than 10 feet in height measuring from the curb or sidewalk where each tree is standing.

Whenever the Shade Tree Commission shall determine that a tree needs to be trimmed in accordance with the previous subsection, the Shade Tree Commission shall notify, in writing, the owner of the land to effect the necessary trimming. Said trimming shall be made within 30 days from the date of service of the written notice.

In the event that a tree is not trimmed within 30 days after written notice has been served on the landowner to effect the trimming, the Shade Tree Commission may procure the trimming at its own expense. All costs expended therefor shall become a lien upon the real estate of the landowner in the same manner as taxes are a lien. The cost thereof shall be certified to the Tax Collector, and said costs shall be included in the next tax bill rendered to the landowner.

In the event that the landowner has failed to effect the necessary trimming of the trees within 30 days of the service of the written notice, a formal complaint may be filed by the Shade Tree Commission against the landowner with the Municipal Court for enforcement of this section. The Municipal Court, in its discretion, may impose penalties as prescribed by Chapter 1, General Provisions, Article III, General Penalty, and in addition, may impose restitution in favor of the Shade Tree Commission for all moneys expended to effect the trimming of the trees.

This section shall not apply to trees abutting the streets, lanes and alleys owned by the State of New Jersey or the County of Cumberland unless the State Department of Transportation or the County of Cumberland shall assent to the trimming of the trees.

§ 2-44 Removal of trees.

The owner of land abutting any street, lane or alley of the City shall remove any tree, or part thereof, that is dangerous to public safety.

Whenever the Shade Tree Commission shall determine that a tree, or part thereof, must be removed because it is dangerous to public safety, the Shade Tree Commission shall notify, in writing, the owner of the land abutting the street, lane or alley of the City where the tree is located to effect the removal. Said removal shall be made within 30 days from the date of service of the written notice.

In the event that a tree, or part thereof, is not removed within 30 days after written notice has been served on the landowner to effect the removal, the Shade Tree Commission may procure the removal at its own expense. All costs expended therefor shall become a lien upon the real estate of the landowner in the same manner as taxes are a lien. The cost thereof shall be certified to the Tax Collector, and said costs shall be included in the next tax bill rendered to the landowner.

In the event that the landowner has failed to effect the necessary removal of the tree within 30 days of the service of the written notice, a formal complaint may be filed by the Shade Tree Commission against the landowner with the Municipal Court for enforcement of this section. The Municipal Court, in its discretion, may impose penalties as prescribed by Chapter 1, General Provisions, Article III, General Penalty, and in addition, may impose restitution in favor of the Shade Tree Commission for all moneys expended to effect the removal of the trees.