[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.
[Amended 12-4-2001 by Ord. No. 41-2001]
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.