[HISTORY: Adopted by the City Council of the City of Trenton 9-7-1967 as §§ 3-22 and 9-5 of the Revised General Ordinances; amended in its entirety at time of adoption of Code (see Ch. 1, General Provision, Art. I). Subsequent amendments noted where applicable.]
Littering — See Ch. 150.
As used in this chapter, the following terms shall have the meanings indicated:
- NOXIOUS PLANT
- Any plant likely to have an adverse effect on the health or comfort of human beings, including but not limited to ragweed, goldenrod, poison oak, poison ivy and sumac (poisonous and nonpoisonous).
The owner or tenant of lands lying within the City of Trenton shall be required 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 cut to a height of not more than 2 1/2 feet, as deemed necessary and expedient for the preservation of public safety after a determination by the Director of the Division of Inspections or the Police Director, or any subordinates acting under their direction.
The growth or existence of any noxious plant in a public or private place is hereby declared to be a nuisance and detrimental to public health. No owner, occupant or other person having control over any parcel of land shall cause or permit noxious plants to grow thereon.
After such determination, a written notice to remove shall be forwarded to the owner or tenant of the lands, and (s)heshall comply in accordance therewith within 10 days after its receipt. The notice shall contain a description of the property affected, sufficiently definite in terms to identify it, and shall set forth that unless such brush, hedges and other plant life are cut or noxious plants removed, the City shall cut or cause the same to be cut pursuant to N.J.S.A. 40:48-2.26.
A notice under this chapter may be served on the owner or tenant residing within the City in person or by leaving it at his/her usual place of residence or with a member of his/her family above the age of 14 years. If an owner or tenant shall not reside within the City, the notice may be served on him/her personally or it may be mailed to his/her last known post office address, or it may be served on the agent of the owner or tenant in charge of the property. Notice to an infant owner or tenant, or owner or tenant of unsound mind, shall be served on his/her guardian. When any property is held in trust, service of notice shall made on the trustee. When any property is held by two tenants by the entirety, or two or more as joint tenants or tenants in common, service on one shall be deemed as notice to all. If for any reason notice cannot be served as directed above, it shall be published at least once in any newspaper circulating in the City, and publication of the notice shall have the same effect as if served in any other manner.
If an owner or tenant shall neglect, after notice is given, to cut such brush, hedges or other plant life or remove such noxious plants, and the same is cut or removed under the direction of an officer of the City, such officer shall certify the cost thereof to the City Council, which shall examine the certificate and if found correct shall cause the cost to be charged against the lands, or in the event such cost is excessive, shall cause a reasonable cost to be charged against the lands. The amount so charged shall forthwith become a lien on the lands and shall be added to and become and form a part of the taxes next to be assessed and levied on the lands, the same to bear interest at the same rate as other taxes and be collected and enforced in the same manner as taxes.