[HISTORY: Adopted by the Township Council of the Township
of East Brunswick 6-14-65 as Ord. No. 65-21 and as Secs. 4-6.2 through 4-6.5 of the Revised General
Ordinances; amended in its entirety 12-9-68 by Ord.
No. 68-121. Subsequent amendments noted where applicable.]
[Amended 6-28-76 by Ord. No. 76-95-F; 10-23-78 by Ord. No. 78-76; 8-14-89 by Ord. No. 89-48]
Whenever the Chief of Public Safety, (or) his designee(s), or
the Code Enforcement Officer shall determine that it is necessary
and expedient for the preservation of the public health, safety and
general welfare, or to eliminate fire hazard, to remove from any lands
in the township brush, weeds, dead and dying trees, stumps, roots,
obnoxious growth, filth, garbage, trash, junk, debris or other waste
materials, the owner or tenant shall be required to remove the same
within ten (10) days after receipt of written notice from the Chief
Building Inspector or the Chief of Public Safety, or the Code Enforcement
Officer requiring the removal.
[Amended 10-23-78 by Ord. No. 78-76]
A.
It is hereby found and determined that plant life more than two and
one-half (2-1/2) feet in height, growing within ten (10) feet of any
roadway or within twenty-five (25) feet of the intersection of any
roadways in the township, may constitute a traffic hazard. For the
purpose of this section, "plant life" shall mean and include trees,
hedges, shrubbery, brush and other plant life.
B.
Whenever the Chief of Public Safety or his designee(s) shall determine
that plant life more than two and one-half (2-1/2) feet in height,
growing within ten (10) feet of any roadway or within twenty-five
(25) feet of the intersection of any roadways in the township, constitutes
a traffic hazard, the owner or tenant shall be required to cut the
plant life to a height of not more than two and one-half (2-1/2) feet
within ten (10) days after receipt of written notice from the Chief
of Public Safety or his designee(s) requiring the cutting.
[Amended 6-28-76 by Ord. No. 76-95-F; 8-14-89 by Ord. No. 89-48]
Notice may be served upon any owner or tenant, either personally
or by certified mail, return receipt requested, and, if by certified
mail, the ten-day period within which the removal or cutting shall
be accomplished shall be deemed to have commenced or run from the
date of the postmark on the return receipt. Every notice shall, in
addition to requiring the removal or cutting as aforesaid, warn the
owner or tenant of the lands to which it refers that failure to accomplish
the removal or cutting will result in the removal or cutting by a
private contractor as appointed and directed by the Township. The
notice shall also state that in the event of the removal or cutting
as directed the cost of the removal shall forthwith become a lien
upon the lands and shall be added to and become a part of the taxes
next to be assessed and levied upon the lands, the same to bear interest
at the same rate and be collected and enforced in the same manner
as taxes.
[Amended 6-28-76 by Ord. No. 76-95-F; 8-14-89 by Ord. No. 89-48]
Whenever the owner or tenant of any lands receiving such notice
shall neglect or refuse to remove the brush, weeds, dead and dying
trees, stumps, roots, obnoxious growth, filth, garbage, trash, junk,
debris or other waste materials or cutting the plant life within the
time hereinabove provided, the removal shall be accomplished by (or)
a private contractor, under the direction of the Code Enforcement
Officer, who, upon completion thereof, shall certify the cost to the
Council. The Council shall examine the certificate and, if it shall
find the same to be correct, cause the cost thereof to be charged
against the lands. The amount of the charge shall forthwith become
a lien upon the lands and shall be added to and become and form a
part of the taxes next to be assessed and levied upon the 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.
[Added 1-12-76 by Ord. No. 76-95-E]
The owner or tenant of all lands, abutting upon public roads,
sidewalks and gutters of such roads shall remove all grass, all weeds
and impediments therefrom within three (3) days after receiving notice
to remove same and shall remove all grass, weeds and impediments from
the portion of any street or roadway abutting on such lands in accordance
with the provisions of N.J.R.S. 40:65-12, which does not require a
prior finding by the municipality that such action is necessary for
the preservation of the public health, safety and general welfare
or is necessary to eliminate a fire hazard.