[Adopted 12-20-1960 by Ord. No. 3319 as Article 1 of Chapter 28 of the Revised Ordinances of the City of Clifton, New Jersey, 1960]
[Amended 11-21-1967 by Ord. No. 3803]
As used in this article, the following terms shall have the meanings indicated:
PLANT LIFE
Includes any plant, hedge, brush or other plant life on lands within the City.
RAILROAD GRADE CROSSING
The meaning respectively ascribed to it in Chapter 12 of Title 48 of the Revised Statutes of New Jersey.
[Added 6-15-1982 by Ord. No. 4718-82]
STREET or HIGHWAY
The meanings respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey.
[Amended 11-21-1967 by Ord. No. 3803; 6-15-1982 by Ord. No. 4718-82]
The Council hereby finds and declares that plant life growing within 10 feet of any street or highway or within 50 feet of the intersection of two or more streets, highways or a railroad grade crossing may cause traffic and safety hazards and may be detrimental to the public welfare unless the same are trimmed as provided in this article.
[Amended 11-21-1967 by Ord. No. 3803; 6-15-1982 by Ord. No. 4718-82]
Any plant life growing within 10 feet of any street or highway or growing within 50 feet of the intersection of any two or more streets or highways or of a railroad grade crossing on lands within the City shall be trimmed or cut to a height of not more than two feet within 10 days after notice from the City Engineer, as hereafter provided in this article.
The City Engineer shall have the power and authority to compel the trimming and cutting of any plant life growing within the limits stated in § 433-8 to a height of not more than 2 1/2 feet whenever, in his judgment, he shall deem it necessary for the elimination of a traffic or safety hazard or he determines such growth of more than 2 1/2 feet in height is detrimental to the public safety.
The City Engineer shall give or cause to be given 10 days' written notice to the owners of any lands upon which said plant life is growing and to the tenants in possession, if any, of such lands to cut, before the expiration of such ten-day period, the plant life growing within the limits stated in § 433-8 to a height of not more than 2 1/2 feet. Such notice may be given by registered or certified mail, addressed to the last known address of said owners and tenants.
If, by the end of the ten-day period referred to in § 433-10, the owner or tenant shall have neglected or refused to cut the plant life in accordance with the notice, it shall be lawful, at the expiration of such period, for City employees, under the direction of the City Engineer, to cut the same. The City Engineer shall certify the cost thereof to the 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.
Nothing contained in this article shall be construed as repealing or in any wise affecting the provisions of Chapter 175, Brush, Weeds and Debris.
[Amended 5-9-1969 by Ord. No. 3912; 3-17-1970 by Ord. No. 3969]
Every owner or tenant who shall refuse or neglect to cut or trim any plant life in the manner and within the time provided in the notice given by the City Engineer or who violates any provision of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both.