[HISTORY: Adopted by the Mayor and Council of the Borough
of Andover as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-8-2013 by Ord.
No. 2013-5]
The following terms, wherever used herein or referred to in
this chapter, shall have the meanings assigned to them unless a different
meaning clearly appears from the context:
The Mayor and Council of the Borough of Andover.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any real property within the
Borough, with or without accompanying actual possession thereof, or
shall have charge, care or control of any real property within the
Borough as owner or agent of the owner or as fiduciary, including
but not limited to executor, administrator, trustee, receiver or guardian
of an estate, or as a mortgagee in possession, regardless of how such
possession was obtained. Any person who is a lessee subletting or
reassigning any part or all of any real property within the Borough
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the real property sublet or assigned
by the lessee.
Any individual, corporation, limited-liability company, partnership,
firm or association, or any political subdivision of this state subject
to municipal jurisdiction.
The Code Enforcement Officer of the Borough and his/her appointed
designee(s) (who must be approved by the governing body at the next
public meeting following the appointment of the designee).
Any street, avenue, boulevard, road, parkway, drive, or other
way, which is an existing state, county, or municipal roadway, and
includes the land between the street lines, whether improved or unimproved
and any pavement, shoulders, gutters, curbs, sidewalks, parking areas
and other areas within the street lines.
Every person having control over any wire for the transmission
of an electric current along a road or Borough-owned land shall at
all times guard all trees through which or near which such wire passes
against any injury from the wire cable or from the electric current
carried by it. The device or means used shall in every case, except
where otherwise provided by law, be subject to approval by the governing
body.
No person shall place any guy wire, brace or other device on
any tree in or on Borough-owned lands.
No person shall hitch or fasten an animal to any tree or shrub
in or on Borough-owned lands or permit an animal to bite or otherwise
injure such tree or shrub.
No person shall permit any brine, gas or injurious chemical
or liquid to come in contact with the stump or roots of any tree or
shrub in or on Borough-owned lands.
No person shall prevent, delay or interfere with any lawful
work in or along a road or Borough-owned lands undertaken at the direction
of the governing body or public officer.
A.
Removal required; notice. In case any tree or shrub or any part thereof in or along a road shall become dangerous to public safety or property, the owner of the real estate on which such tree or shrub is located shall remove the same, or the required part thereof, forthwith on service of written directive to that effect from the public officer or governing body. The notice shall be sufficient if served in the same manner set forth in § 124A-9 of this chapter.
B.
Standard established regarding obstruction of vision. The owner of
any land lying in the Borough shall keep all brush, hedges and other
plant life growing within 10 feet of any road and within 25 feet of
the intersection of two roads cut to a height of not more than 2 1/2
feet. This shall not require the cutting down of trees where there
is unobstructed vision through the trees at a height of between 2 1/2
feet and eight feet from the ground. If stricter standards regarding
the foregoing are set forth elsewhere in the Code of the Borough of
Andover, those stricter standards shall apply.
C.
Removal by Borough. If the owner fails to remove the tree or shrub
or portion thereof within 30 days after service of written notice
to do so, or within 14 days after service of written notice to do
so if deemed in the notice to be a hazard requiring more immediate
action, the work may be performed by the Borough or contractor hired
by the Borough under the direction of the governing body or public
officer. If access to the owner's real estate is required to
perform the work pursuant to this subsection but the owner will not
consent or shall otherwise impede or prevent such access, the owner
shall be in violation of this chapter and shall be subject to the
penalties set forth hereunder.
D.
Costs charged against land; lien established. On receipt of the certified costs for work and materials performed under the direction of the governing body or public officer pursuant to Subsection C, the governing body shall examine same and, if found correct, shall cause the costs to be charged against the real estate on which such tree or shrub is located, or if the governing body deems the costs to be excessive, shall cause the reasonable cost thereof to be charged against said real estate. The amount so charged shall forthwith become a lien on the real estate and shall be added to and become and form part of the taxes next to be assessed and levied on the real estate, the same to bear interest at the same rate as other taxes. A copy of the resolution approving the costs shall be certified by the governing body and filed with the Tax Collector, who shall be responsible for the collection thereof, and the Clerk shall send a description of the costs and copy of the resolution by certified mail to the assessed owner(s) of the real estate at the address set forth in the records maintained by the Tax Collector.
The public officer shall enforce the provisions of this chapter.
Except as provided elsewhere in this chapter, when a violation
of this chapter is found to exist:
A.
Notice. Written notice from the public officer shall be served on
the person or persons responsible for the correction thereof.
B.
Contents of notice. The notice shall specify the violation or violations committed; what must be done to correct the same; a reasonable period of time to be determined by the public officer based on facts and circumstances of the complaint; the right of the person served to request a hearing; and a statement that the notice shall become an order of the public officer in 10 days after service unless a hearing is requested pursuant to Subsection E below.
C.
Service of notice. Notice shall be served personally or by certified
mail, with postage prepaid, addressed to the last known address of
the person or entity to be served. The last known address shall be
the address of the owner or entity as shown on the most recent Borough
tax records. If the last known address cannot be ascertained, the
notice may be posted on the outside front entrance of the building
located on the real estate charged with responsibility or, if there
is no building on the real estate, in a conspicuous location on that
real estate. Time of service of the notice shall be determined, when
service is by mail, as of the day following the day of mailing for
notices to addresses within the Borough and as of the third day after
the day of mailing for notices to addresses outside the Borough. When
the day of service falls on a Sunday or other day when mail is not
ordinarily delivered, then the day of service shall be the next regular
delivery day.
D.
Notice to become an order unless hearing requested. On the 10th calendar day after the date of service of the notice, the notice shall constitute a final order unless a person affected by the notice shall file with the Clerk a written petition for hearing in accordance with and within the time required by Subsection E.
E.
Appeals; notice of hearing. Any person aggrieved by a notice or order
issued in connection with the enforcement of any provisions of this
chapter by the public officer may request and shall be granted a hearing
on the matter before the governing body, provided such person shall
file in the office of the Clerk a written petition requesting such
hearing, setting forth a brief statement of the grounds therefor,
within 10 days after the day the notice or order was served or within
10 days from the date on which the action complained of occurred,
whichever is later. The Borough Clerk, upon receipt of the request,
shall, within 10 days, send written notice to the aggrieved party
setting the matter down for a hearing within 45 days. On receipt of
the petition, the Clerk shall forward the petition to the governing
body.
F.
Hearing.
(1)
At the hearing, the petitioner shall be given an opportunity to be
heard and shall show why such notice or order complained of should
be modified or reversed.
(2)
Testimony. At the time set for the hearing, the petitioner may present
such evidence or testimony in his/her behalf as he/she may deem necessary
and desirable. The proceedings at such hearing, including the findings
and decision, shall be summarized, reduced to writing and entered
as a matter of public record in the office of the Clerk. The records
shall include a copy of every notice or order issued in connection
with the matter.
(3)
Decision. On completion of the hearing or at the next regularly scheduled
meeting of the governing body, the governing body shall make its findings
of fact and conclusions of law and may affirm, modify or reverse the
notice or order appealed from. Copies of the resolution shall be filed
with the public officer and Borough Clerk and mailed to the petitioner.
G.
Extensions of time. The governing body may extend the time for correction
or abatement of the violations for an additional period of time as
the governing body deems to be reasonably adequate.
H.
Summary abatement and emergency; notice and hearing not required.
Where the violations or existing conditions pose an immediate threat
to life or limb unless abated without delay, the public officer or
governing body may either act to abate the violation or condition
immediately or order the owner to correct the violation or condition
within a period of time not to exceed three business days; and on
failure to do so, the public officer may abate the conditions immediately
thereafter.
I.
Cost of abatement to be a lien against premises.
(1)
If abatement of a violation or condition pursuant to the provisions
of this chapter requires spending of Borough funds, the public officer
shall present a report of work and materials proposed to accomplish
the foregoing to the governing body with an estimate of the cost thereof
and a summary of the proceedings undertaken by the public officer
to secure compliance, including notices served on the owner(s) and
notice(s) and order(s) of the public officer with reference thereto.
(2)
The governing body may thereupon by resolution authorize the abatement
of the violation or condition and/or work and purchase of materials
to aid in such abatement. If such resolution is made, the public officer
may proceed to have the work performed in accordance with said resolution
at the Borough's expense, not to exceed the amount specified
in the resolution, and shall, on completion thereof, submit a report
of the cost incurred to the governing body. After review of the same,
the governing body may approve the cost, whereupon the cost so incurred
shall become a lien against the premises collectible as provided by
law, and recorded with the Sussex County Clerk.
(3)
A copy of the resolution approving the cost shall be certified by
the governing body and filed with the Tax Collector, who shall be
responsible for the collection thereof, and a copy of both the report
and resolution shall be sent by certified mail to the assessed owner(s)
of the premises at the address set forth in the records maintained
by the Tax Collector.
K.
Effect of notice on owner. For the purpose of enforcement of this
chapter, the service of a notice or order on an owner, whether or
not the owner is also the occupant, shall constitute notice of violations
set forth therein until the violations are abated in conformity with
this chapter.
A person who violates a provision of this chapter shall, on conviction, be subject to the consequences set forth in Chapter 1, General Provisions, of the Code of the Borough of Andover and shall be fined not less than $100 per violation, which may be waived or reduced on application to the governing body for reasonable cause on condition that the owner has abated the condition. Each day a violation occurs shall constitute a separate violation. Any fine imposed hereunder shall constitute a lien upon the subject real estate until paid; and, in addition thereto, the fine shall be collectible pursuant to any other remedies provided by law.
Nothing in this chapter shall be construed to impose responsibility
or liability on the Borough with regard to trees and shrubs in, on
or along roads and/or Borough-owned lands nor to relieve an owner
from responsibility and liability.
Each clause, sentence, phrase, paragraph, or subsection of this
chapter is declared to be an independent clause, sentence, phrase,
paragraph, or subsection; and the finding or holding of any such portion
of this chapter to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this chapter.
