Borough of Upper Saddle River, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Upper Saddle River as indicated in article histories. Amendments noted where applicable.]
Fire prevention — See Ch. 51.
Littering — See Ch. 80.
Property maintenance — See Ch. 102.
Trees — See Ch. 137.
Garbage, rubbish and refuse — See Ch. 183.
Public health nuisances — See Ch. 202.
[Adopted as Section 4-4 of Ch. IV of the Revised General Ordinances, 1971]

§ 36-1 Responsibilities of owners and tenants.

It shall be the duty of any owner or tenant or person in possession of any lands in the Borough:
To keep such lands free of brush, weeds, including ragweed, dead and dying trees, stumps, roots, obnoxious growths, filth, garbage, trash and debris where the same are inimical to the preservation of public health, safety or general welfare of the Borough or which may constitute a fire hazard.
To keep all brush, hedges and other plant life growing within 10 feet of any roadway and, in the case of corner lots, within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line drawn between points along such street lines 25 feet from the point of intersection, cut to a height not more than 2 1/2 feet above the ground and not less than 15 feet from the ground in the case of trees. Brush, hedges and other plant life shall not be permitted to grow over the roadway, as defined by a line perpendicular at the extreme edge of the pavement or curb, except in the case of trees 15 feet or higher.
[Amended 4-13-1994 by Ord. No. 4-94]

§ 36-2 Officer in charge of removal.

The Superintendent of Roads or other officer acting in that capacity shall be the officer of the Borough to remove such brush, weeds and the like and keep the same cut or provide for it to be done.

§ 36-3 Notice to owners and tenants.

Whenever the Council deems it necessary and expedient for the preservation of the public safety or to eliminate a fire hazard, the property owner or tenant shall be given notice to remove the brush, weeds and the like or cut the same to the required height within 10 days after notice is given. Notice shall be given by mailing it to the owner or tenant at the address on the tax records of the Borough, and the ten-day period shall commence two days after the mailing thereof. Failure to receive such notice shall not invalidate any of the proceedings under this article.

§ 36-4 Removal by Borough; costs to become lien.

If the brush, hedges and other plant life are not cut to the required height or are not removed within such time as aforesaid, the Superintendent of Roads or other officer acting in that capacity shall cut, remove or arrange to have the same cut or removed in accordance with this section.
In such event, the officer shall certify the cost of the work performed to the Council, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against the lands of the owner affected thereby, or if the cost is deemed excessive, the reasonable cost thereof shall be charged against such lands.
The amount charged against the lands shall forthwith become a lien upon the lands and shall be added to and form a part of the taxes assessed and levied upon the lands, the same to 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.

§ 36-5 Violations and penalties.

[Added 5-8-1986 by Ord. No. 8-86]
Maximum penalty. For violation of any provision of this article, the maximum fine shall be in accordance with § 1-15 of this Code.
[Amended 9-8-1988 by Ord. No. 16-88]
Separate violations. Except as otherwise provided, each and every day in which a violation of any provision of this article exists shall constitute a separate violation.
Application. The maximum penalty stated in this section is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate for a particular case or violation.
[Adopted 12-10-2008 by Ord. No. 16-08[1]]
Editor's Note: This ordinance was adopted as an amendment to Ch. 183 but was included here to maintain the organization of the Code.

§ 36-6 Purpose.

The purpose of this article shall be to establish requirements for the proper handling of yard waste in the Borough of Upper Saddle River, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.

§ 36-7 Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
The placement of yard waste in a trash can, bucket, bag or other vessel, so as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
Any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
Leaves and grass clippings.

§ 36-8 Prohibited conduct.

The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for placement of yard waste must remove the yard waste from the street or said party shall be deemed in violation of this article.

§ 36-9 Enforcement.

The provisions of this article shall be enforced by the Police Department, Code Enforcement and/or Department of Public Works of the Borough of Upper Saddle River.

§ 36-10 Violations and penalties.

Any person(s) who is found to be in violation of the provisions of this article shall be subject to a fine not to exceed $250.