[Adopted 8-12-1981 by Ord. No. 17-1981]
The owner or tenant of land lying within the limits of the Township of Egg Harbor shall 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 cut to a height of not more than 2 1/2 feet when it is determined by the Chief of Police, or his authorized representative, of the Township of Egg Harbor that such shall be necessary and expedient for the preservation of the public safety.
Upon failure of said owner or tenant to comply with the provisions of § 78-6 for a period of 10 days after receipt of written notice from the Chief of Police, or his authorized representative, of the Township of Egg Harbor to so comply, the Supervisor of the Road Department of the Township of Egg Harbor shall have said brush, hedges or other plant life cut to a height of not more than 2 1/2 feet, which cutting shall be conducted under the direction of said Supervisor of the Road Department.
In any instance where notice is given by the Chief of Police, or his authorized representative, of the Township of Egg Harbor in accordance with § 78-7 of this article, and/or the individual to whom notice is given fails to comply with the terms of the notice, the Supervisor of the Road Department of the Township of Egg Harbor shall have the brush, hedges or other plant life cut to the requisite height by using either of the two following procedures, which procedures may be used depending upon the availability of township employees, which shall be determined in the sole discretion of the Supervisor of the Road Department:
The cutting of said brush, hedges or other plant life in accordance with provisions of § 78-7 of this article may be done at the direction of the Supervisor of the Road Department using the Road Department employees, and the cost thereof shall be certified to the governing body. Costs shall include time, material, equipment and overhead as determined by the Township Treasurer and to the extent necessary, the Township Accountant.
The requisite cutting of brush, hedges or other plant life may be performed by an independent contractor approved by the Township. Retention of and approval of the independent contractor shall be done in accordance with the prevailing New Jersey Statutes. Retention of the independent contractor may be on a per-job basis as the need arises or on a yearly contract basis. In either event, retention of the independent contractor and the contract entered into between the municipality and the independent contractor shall be accomplished pursuant to the provisions of the prevailing New Jersey Statutes.
The amount charged through employment of either of the methods specified in § 78-8 of this article shall forthwith become a lien upon such lands and shall be added to and become and form a part of the taxes next to be assessed and levied against said lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officer in the same manner as taxes. However, upon presentation of the charges, a notice shall be directed to the owner or tenant of lands from the Township Clerk advising of the charges incurred and of the further fact that said charges will be levied against the lands.
[Amended 12-9-1987 by Ord. No. 60-1987; 4-12-2006 by Ord. No. 20-2006]
Any owner or tenant of land lying within the limits of the Township of Egg Harbor violating the terms of this article shall, upon conviction thereof, be subject to a minimum fine of $100 or a maximum fine of $2,000 or by imprisonment for a term not exceeding 90 days or by a period of community service not exceeding 90 days. Any such penalty shall be in addition to the costs incurred in cutting or removing said brush, hedges or other plant life described in the notice given by the Chief of Police, or his designated representative, of the Township of Egg Harbor. For purposes of this article, each day on which such a condition exists after the expiration of the notice shall be deemed or constitute a separate offense under this article, and separate complaints may be filed for each such offense.