As used in this article, the following terms
shall have the meanings indicated:
PLANT LIFE
Includes any hedge, brush or other plant life on lands within
the Township.
The Council hereby finds and declares that the
existence of plant life growing within 10 feet of any roadway and
within 25 feet of the intersection of two roadways to a height in
excess of 2 1/2 feet is inimical to the preservation of public safety
and the general welfare and is likely to constitute a traffic hazard.
The foregoing shall not apply to shade trees planted under the authority
of the Township.
Whenever it shall appear to the Chief of Police
that the existence upon any land within the Township of plant life
growing within 10 feet of any roadway and within 25 feet of the intersection
of two roadways and exceeding 2 1/2 feet in height is hazardous to
the public safety or the general welfare of the residents of the Township
or those using its highways, or constitutes a safety hazard, the owner,
tenant or occupant of any such lands shall be required to cut such
plant life to a height of not more than 2 1/2 feet within 10 days
after receipt by such owner, tenant or occupant of written notice
from the Chief of Police requiring such cutting.
Such notice may be served upon any such owner,
tenant or occupant, either personally or by registered or certified
mail, return receipt requested; and if by registered or certified
mail, the ten-day period within which such cutting shall be accomplished
shall be deemed to have commenced to run from the date of the return
receipt obtained from the postal authorities for the delivery of such
registered or certified notice.
Every such notice shall, in addition to requiring
the cutting as aforesaid, warn the owner, tenant or occupant of the
lands to which it refers that failure to accomplish such cutting will
result in the cutting by the Township under the direction of the Township
Engineer. The notice shall also state that, in the event of the cutting
by the Township, the cost of such cutting shall forthwith become a
lien upon said lands and shall be added to and become a part of the
taxes next to be assessed and levied upon the same, to bear interest
at the same rate and to be collected as in the case of such taxes.
Whenever the owner, tenant or occupant of any
lands receiving notice to cut from said lands any plant life shall
have neglected or refused to effect the cutting of said plant life
in the manner and within the time hereinabove provided, such cutting
shall be accomplished by or under the direction of the Township Engineer,
who, upon completion thereof, shall certify the cost to the Council.
The Council shall examine the certificate, and, if it shall find the
same to be correct, it shall cause the cost so certified to be charged
against said lands. In the event that such costs are excessive, the
Council shall cause the reasonable costs thereof to be charged against
said lands. The amount of such charge shall forthwith become a lien
upon said lands and shall be added to and become and form a part of
the taxes next to be assessed and levied upon said lands, to bear
interest at the same rate as taxes and to be collected and enforced
by the same officers and in the same manner as taxes.
[Amended 12-17-1962; 7-30-1984 by Ord. No. 84-222]
A. Every owner, tenant or occupant who shall refuse or
neglect to cut or trim any plant life in the manner and within the
time hereinabove provided in this article or who violates any provision
of this article shall, upon conviction thereof, be punished by a fine
not exceeding $2,000 or by imprisonment for a term not exceeding 90
days, or both. A separate offense shall be deemed committed on each
day during or on which a violation occurs or continues.
[Amended 10-23-2006 by Ord. No. 06-656]
B. The imposition and collection of any penalty imposed by the provisions of Subsection
A of this section shall not constitute any bar to the right of the Township to collect the cost of removal as provided in §
100-15.