[HISTORY: Adopted by the Borough Council of the Borough of Bay Head
12-18-1984 as § 3-7 of the 1984 Code. Amendments noted where applicable.]
Where the Mayor and Council shall deem it necessary and expedient for
the preservation of the public safety, the owner or tenant of any lands lying
within the borough shall cut and keep cut to a height of not more than two
and one-half (2 1/2) feet all brush, hedges and other plant life growing
within twenty-five (25) feet of the intersection of any two (2) roadways or
within ten (10) feet of any roadway, within ten (10) days after notice to
cut the same.
A.
If the owner or tenant of such lands shall refuse or
neglect to cut and keep cut all brush, hedges and other plant life in compliance
with the notice within ten (10) days after notice, the Mayor and Council shall
cause the same to be cut under direction of the Public Works Supervisor.
B.
In all cases where brush, hedges and other plant life
are cut from any lands under the provisions of this section, the Public Works
Supervisor shall certify the cost thereof to the Borough Council, which shall
examine the certificate and, if found correct, shall cause the cost shown
thereon to be charged against the lands or, in the event the cost is excessive,
to cause the reasonable cost thereof to be charged against the lands. The
amount so charged 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, the same to bear interest at the same rate as other taxes,
and shall be collected and enforced by the same officers and in the same manner
as taxes.
A.
Unless otherwise specified herein, for a violation of
any provision of this chapter, the maximum penalty, upon conviction thereof,
shall be a fine not exceeding one thousand dollars ($1,000.) or imprisonment
for up to ninety (90) days or a period of community service not exceeding
ninety (90) days, or any combination thereof. Except as otherwise provided,
each and every day in which a violation of any provision of this chapter exists
shall constitute a separate violation.
B.
All fines and penalties under this chapter may be paid
directly to the Municipal Court Administrator, unless otherwise indicated
by the officer issuing the summons.
