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