Township of Cedar Grove, NJ
Essex County
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Table of Contents
Table of Contents
[Adopted by 11-7-1949, Ch. 20, Art. 3, of the former Revised Ordinances]
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.