[Adopted by the Board of Commissioners of the Town of Montclair 4-15-1980
by Ord. No. 80-12 as Art. I of Ch. 209 of the 1979 Code]
This article is adopted pursuant to the authority of c. 152 of the Laws
of 1949 (N.J.S.A. 40:48-2.26 et seq.).
Subject to the notice and show cause procedure hereinafter provided,
the owner or tenant of any lands within the Township shall be required, wherever
necessary and expedient for the preservation of the public safety, to keep
all brush, hedges and other plant life growing within 10 feet of any roadway
and within 25 feet of the intersection of two roadways trimmed or cut to a
height of not more than 2 1/2 feet.
The Township Manager or his or her agent or deputy shall give 10 days' written notice to any owner or tenant to cut or trim the brush, hedges and other plant life growing within the limits and to the height specified in § 100-12, for the reasons which shall be set forth therein, unless such owner or tenant show cause before the officer giving the notice, at a place and time therein fixed, which time for hearing shall not be less than seven days nor more than 10 days after service of the notice, why the demands made therein shall not be complied with. Service of the notice upon the owner or tenant shall be made by mailing it, registered or certified mail, addressed to him or her at his or her last known address, and such service by mail shall be complete upon mailing.
If, after the service of the notice as provided in § 100-13 and the expiration of the ten-day period in said notice for compliance, the owner or tenant shall have failed, neglected or refused to show cause why he or she should not comply with the demands made therein or to perform the cutting or trimming in compliance therewith, the Township Manager, his or her agent or deputy may, on behalf of the Township, cause such brush, hedges and other plant life to be trimmed or cut as required by said notice.
In every case in which the Township Manager or his or her agent or deputy
causes such brush, hedges and other plant life to be trimmed or cut under
the authority of this article, such officer shall certify the cost thereof
to the Township Council. Upon receipt of the certificate, the Council shall
examine the same and, if found correct, shall cause the cost as shown thereon
to be charged against said lands. If such cost is found to be excessive, the
Council shall cause the reasonable cost thereof to be charged against said
lands. The amount so charged shall forthwith become a lien upon such lands
and shall be added to and become and form part of the taxes next to be assessed
and levied upon such lands. Such amount shall bear interest at the same rate
as other taxes and shall be collected and enforced by the same officer and
in the same manner as taxes.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007
by Ord. No. 07-17]
Any person who violates any provision of this article shall, upon conviction
thereof, be punished by a fine not exceeding $2,000, imprisonment in the county/municipal
jail for a term not exceeding 90 days, or a period of community service not
exceeding 90 days, or any combination thereof as determined by the Municipal
Court Judge. Each day on which a violation of an ordinance exists shall be
considered a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal Court
Judge may determine.
