As used in this article, the following terms
shall have the meanings indicated:
Any brush, hedges and other plant life on lands within the
Borough.
The Council hereby finds and declares that the
existence of plant life growing within 10 feet of any roadway and
within 25 feet of the intersection of two roadways to a height in
excess of 2 1/2 feet is inimical to the preservation of public
safety and general welfare and is likely to constitute a traffic hazard.
Whenever it shall appear to the Enforcement
Officer that the existence upon any land within the Borough of plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways and exceeding 2 1/2 feet in height
is hazardous to the public safety or general welfare of the residents
of the Borough or those using its highways, or constitutes a safety
hazard, the owner or tenant of any such lands shall be required to
cut such plant life to a height of not more than 2 1/2 feet within
10 days after service of written notice from the Enforcement Officer
requiring such trimming or cutting.
Such notice may be served upon the owner or
tenant of the lands by delivering it to him or by mailing it registered
or certified mail, return receipt requested, addressed to him at his
last known address. Delivery of the notice shall mean handing it to
the owner or the tenant or leaving it at his dwelling house or usual
place of abode with some competent member of his family of the age
of 14 years or over then residing therein. Service by mail shall be
deemed complete upon the date of delivery of the registered or certified
article as appears on the return receipt from the postal authorities.
Every such notice shall, in addition to requiring
the cutting as aforesaid, warn the owner or tenant of the lands to
which it refers that failure to accomplish such cutting will result
in the cutting by or under the direction of the Enforcement Officer.
The notice shall also state that in the event of the cutting by the
Enforcement Officer, the cost of such cutting shall forthwith become
a lien upon the lands and shall be added to and become a part of the
taxes next to be assessed and levied upon it, to bear interest at
the same rate and to be collected as in the case of such taxes.
Whenever the owner or tenant of any lands receiving
notice to cut any plant life from the lands shall have neglected or
refused to effect the cutting of the plant life in the manner and
within the time hereinabove provided, such cutting shall be accomplished
by or under the direction of the Enforcement Officer, who, upon completion
thereof, shall certify the cost to the Council. The Council shall
examine the certificate and, if it shall find it to be correct, it
shall cause the cost so certified to be charged against such lands.
In the event that such costs are excessive, the Council shall cause
the reasonable costs thereof to be charged against the lands. The
amount of such charge shall forthwith become a lien upon the lands
and shall be added to and become and form a part of the taxes next
to be assessed and levied upon the lands, to bear interest at the
same rate as taxes and to be collected and enforced by the same Enforcement
Officers and in the same manner as taxes.
