[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood 7-26-2010 by Ord. No. 2010-09. Amendments noted
where applicable.]
As used in this chapter, the following definitions shall have
the meanings indicated:
Includes any person, persons, corporation, partnership or
firm or other owner or tenant of the subject property.
A.
Where it shall be necessary and expedient for the preservation of
the public health, safety and general welfare or to eliminate a fire
hazard, an owner or tenant of real property within the Township of
Eagleswood shall remove from such lands brush, weeds, dead and dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash and
debris within 10 days after notice to remove the same from the designated
official of the Township of Eagleswood.
B.
Pursuant to N.J.S.A. 40:48-2.26, every owner or tenant of lands lying
within the Township of Eagleswood shall be required to keep all brush,
hedges and other plant life which are within 10 feet of any roadway
and within 25 feet of any intersection of two roadways cut to a height
of not more than 2 1/2 feet measured from the grade at the curbline.
Any owner or tenant notified by the designated official of the Township
that he or she is in violation of this section shall have 10 days
after said notice to cut the same.
C.
All premises and exterior property shall be maintained free from
weeds or plant growth in excess of 10 inches (254 mm). All noxious
weeds shall be prohibited. Weeds shall be defined as all grasses,
annual plants and vegetation other than trees or shrubs, provided,
however, this term shall not include cultivated flowers and gardens.
[Added 10-26-2015 by Ord.
No. 2015-15]
If an owner or tenant who has received notice in accordance with the provisions of § 81-2 fails to remove from said lands the brush, weeds, dead and dying trees, stumps, roots, obnoxious growth, filth, garbage, trash and debris or fails to cut any brush, hedges, shrubs or other obstructions for which said person was cited within 10 days of notice to remove the same, then and in that event the Township shall have the right to provide for the removal of the same by or under the direction of an officer of the municipality.
In all cases where any brush, weeds, dead and dying trees, stumps,
roots, obnoxious growth, filth, garbage, trash and debris are removed
or any brush, hedges, shrubs or other plant life are cut by the Township
under the provisions of this chapter, the municipal officer of the
municipality in charge of the removal of said material shall certify
the cost thereof to the governing body. Upon receipt of the certificate
of cost, the governing body shall examine the same and, if found correct,
shall cause the cost as shown thereon to be charged against the property
from which said material was removed. The amount so charged shall
become a lien upon such lands and shall be added to and become and
form part of the taxes next to be assessed and levied upon said lands,
the same to bear interest at the same rate as other taxes, and shall
be collected and enforced by the Tax Collector of the Township in
accordance with the provisions of N.J.S.A. 40:48-2.27.
A.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be punishable by a
fine of not more than $1,000, by imprisonment for a term not to exceed
90 days, or by community service of not more than 90 days, or any
combination of fine, imprisonment and community service as determined
in the discretion of the Municipal Court Judge. The continuation of
such violation for each successive day shall constitute a separate
offense, and the person or persons allowing or permitting the continuation
of the violation may be punished as provided above for each separate
offense.
B.
The violation of any provision of this chapter shall be subject to
abatement summarily by a restraining order or injunction issued by
a court of competent jurisdiction.