[HISTORY: Adopted by the Mayor and Council
of the Borough of Netcong 7-11-1972 as Ch. 32 of the 1972 Code; amended
in its entirety 10-14-2021 by Ord. No. 2021-23. Subsequent amendments
noted where applicable.]
When it shall be determined necessary and expedient for the
preservation of the public safety, the owner and/or tenant of any
lands lying within the limits of the Borough of Netcong shall, within
three days after notice to cut and remove the same, keep all brush,
hedges and other plant life growing within 10 feet of any roadway,
including sidewalks, and within 25 feet of the intersection of two
roadways cut to a height of not more than 30 inches.
Notice may be served personally upon any occupant of the property,
or by regular mail, or by posting on the property.
No tree branch should hang lower than eight feet over any sidewalk
along a Borough roadway. All trees, bushes, shrubs, and other types
of foliage shall not obstruct the visual sight of street signs, traffic
control signs or the illumination of streetlights. All sidewalks shall
be free from encroachments (meaning any intrusion or invasion into
the sidewalk) from trees, shrubs, bushes and other vegetation.
Such notice to cut and remove objectionable brush, hedges and
other plant life shall be issued by the Netcong Police Department,
by hand delivery when practical, and registered and certified mail
by the Enforcement Official, or their designee. Such notice shall
be issued to both tenant and property owner when appropriate.
A.Â
Emergency conditions. Where the violation or conditions existing
on the premises are of such a nature as to constitute an immediate
threat to life and limb unless abated without delay, the Enforcement
Official may either cause the violation to be abated or order the
owner, occupant or operator to correct the violation or condition
within a period of time not to exceed three days. Upon failure to
do so, the Enforcement Official may cause the condition to be abated.
In addition, any other remedies set forth in other sections of the
Netcong Borough Code shall be available.
B.Â
Abatement by the Borough. The Borough may abate a violation of this
chapter when the Enforcement Official is unable to serve the notice
upon a property owner or when the property owner, after service of
the notice, fails to satisfactorily abate the violation. The Borough
may also abate a violation, without any prior notice, in an emergency
situation as set forth above. If the Enforcement Official recommends
that the Borough abate a violation, the Enforcement Official shall
submit a report of the findings and recommendations to the Borough
Council. The Borough Council may thereupon, by resolution, authorize
the abatement of the condition as may be necessary to put the premises
in such a condition so as to comply with the requirements of this
Code. The Borough Council may, by such resolution, authorize the expenditure
of municipal funds and fix the amount to be used for such purpose.
Upon completion of the abatement, the Enforcement Official shall submit
a report of the monies expended to the Borough Administrator for presentation
to the Borough Council. After review of the report, the Borough Council
may approve the expenses and costs by resolution and, thereupon, the
stated amount of expenses and costs spent shall become a lien against
the premises, collectible as provided by law in conformity with N.J.S.A.
40:48-2.14. A copy of the resolution approving the expenses and costs
shall be certified by the Borough Clerk and filed with the Tax Collector
of the Borough, who shall be responsible for the collection thereof,
and a copy of the report and resolution shall be sent by certified
mail, return receipt requested, to the owner of the affected premises.
