Township of East Hanover, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of East Hanover 5-17-1973 as Art. 2 of Ch. 11 of the Revised Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Garbage, refuse and dry fill — See Ch. 189.
Littering — See Ch. 195.

§ 65-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PLANT LIFE
Any brush, hedges and other plant life on lands within the township.

§ 65-2 Legislative declaration.

The Township Committee 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 general welfare and is likely to constitute a traffic hazard.

§ 65-3 Notice to owner or tenant.

[Amended 4-18-1991 by Ord. No. 8-1991]
Whenever it shall appear to the Engineering Department 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 exceedings 2 1/2 feet in height is hazardous to the public safety or general welfare of the residents of the township or those using its highways or constitutes a safety hazard, the owner or tenant 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 service of written notice from the Engineering Department requiring such trimming or cutting.

§ 65-4 Service of notice.

Such notice may be served upon the owner or tenant of said lands by delivering a notice to him or by mailing it registered or certified mail, return receipt requested, addressed to him at his last known address. Delivery of the notice shall mean handing it to the owner or the tenant or leaving it at his dwelling house or usual place of abode with some competent member of his family of the age of 14 years or over then residing therein. Service by mail shall be deemed complete upon the date of delivery of said registered or certified article as appears on the return receipt from the postal authorities.

§ 65-5 Contents of notice.

[Amended 4-18-1991 by Ord. No. 8-1991]
Every such notice shall, in addition to requiring the cutting as aforesaid, warn the owner or tenant of the lands to which it refers that failure to accomplish such cutting will result in the cutting by or under the direction of the Engineering Department. The notice shall also state that in the event of the cutting by the Engineering Department, 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.

§ 65-6 Performance of work by township; costs.

[Amended 4-18-1991 by Ord. No. 8-1991]
Whenever the owner or tenant 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 Engineering Department, which, upon completion thereof, shall certify the cost to the Township Committee. The Township Committee 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 such lands. In the event that such costs are excessive, the Township Committee 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.

§ 65-7 Violations and penalties.

A. 
Every owner or tenant who shall refuse or neglect to cut or trim any plant life in the manner and within the time hereinabove provided in this chapter or who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceed $500. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. 
The imposition and collection of any penalty imposed by the provisions of Subsection A shall not constitute any bar to the right of the township to collect the cost of removal as provided in § 65-6.