[HISTORY: Adopted by the Mayor and Council
of the Borough of Madison as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-8-1951 by Ord. No. 559 (Art.
9 of the 1970 Revised Ordinances)]
Pursuant to the authority granted by N.J.R.S.
40:48-2.26, every owner or tenant of lands lying within the limits
of the Borough of Madison shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways cut to a height of not more than 2 1/2
feet, where it shall be necessary and expedient for the preservation
of the public safety, within 10 days after notice to cut the same
shall have been given to the owner or tenant of lands affected.[1]
Such notice shall be in writing, addressed to
such owner or tenant, and shall be signed by the Borough Clerk or
the Borough Engineer of the Borough of Madison. The placing of such
notice in the post office in an envelope directed to such tenant or
owner at the address indicated upon the records of the Water and Light
Department, with proper postage affixed thereto, shall constitute
sufficient notice for the purpose of this chapter.
In the event that such owner or tenant shall
refuse or neglect to cut such brush, hedges and other plant life in
the manner and within the time provided above, the same may be cut
by the Borough Engineer or by such persons as he may direct to do
it.
In all cases where brush, hedges and other plant
life are cut from any lands within the limitations of the preceding
sections of this article by or under the direction of the Borough
Engineer, he shall certify the cost thereof to the Borough Council,
who shall examine the certificate and if found correct shall cause
the cost as shown thereon to be charged against said lands, or in
the event that such cost is excessive, cause the reasonable cost thereof
to be charged against said lands. The amounts so charged shall forthwith
become a lien upon such lands and shall be added to and become a part
of the taxes next to be assessed and levied upon such lands; the same
shall bear interest at the same rate as other taxes and shall be collected
and enforced by the same officers and in the same manner as taxes,
as authorized by N.J.S.A. 40:48-2.27.
[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No.
35-2000; 5-8-2006 by Ord. No. 19-2006]
In addition to any other provision or penalties
herein set forth, any person, firm, corporation or other organization
thereof, who shall refuse or neglect to cut any brush, hedges or other
plant life in the manner and within the time provided shall, upon
conviction thereof, be punishable by one or more of the following
in the discretion of the Judge: a fine of not to exceed $2,000; or
by imprisonment for a term not exceeding 90 days; or by a period of
community service not exceeding 90 days. In the event that a fine
is imposed, pursuant to this section, such fine shall be no less than
$100.
[Adopted 5-11-1942 by Ord. No. 456 (Art.
95 of the 1970 Revised Ordinances)]
It shall be unlawful for any owner or owners,
tenant or tenants, of any lot or tract of land or any part thereof
in the Borough of Madison to permit or maintain on any such lot or
tract of land any growth of ragweed, poison ivy, poison sumac or other
noxious or poisonous weeds injurious to health.
[Amended 5-11-1970 by Ord. No. 9-70]
It shall be the duty of such owner or owners,
tenant or tenants, of any such lot or tract of land or any part thereof
in the Borough of Madison to cut and remove, or cause to be cut and
removed, all such ragweed, poison ivy, poison sumac or other noxious
or poisonous weeds injurious to health within 10 days after receiving
notice to do so from the Borough of Madison.
[Amended 5-11-1970 by Ord. No. 9-70]
If the provisions of the foregoing sections
are not complied with, the Borough of Madison shall serve written
notice on the owner or owners, tenant or tenants, of any such lot
or tract of land, requiring them to comply with the provisions of
this article. Should the person or persons upon whom such notice is
served fail, neglect or refuse to cut and remove such ragweed, poison
ivy, poison sumac or other noxious or poisonous weeds within 10 days
after the service of such notice, the Borough of Madison shall cause
such ragweed, poison ivy, poison sumac or other noxious or poisonous
weeds to be cut and removed. The actual cost of such cutting and removal
shall be certified by the Borough Engineer to the Collector of Taxes,
shall thereupon become and be a lien on the property on which such
ragweed, poison ivy, poison sumac or other noxious or poisonous weeds
were located, shall be added to and form part of the taxes next to
be assessed on said lot or tract of land and shall be collected and
enforced by the same officer and in the same manner as taxes.
[Amended 5-11-1970 by Ord. No. 9-70; 8-14-2000 by Ord. No.
35-2000; 5-8-2006 by Ord. No. 19-2006]
Any owner or owners, tenant or tenants, who
shall neglect to cut and remove such ragweed, poison ivy, poison sumac
or other noxious or poisonous weeds injurious to health as directed
by this article, or who shall fail, neglect or refuse to comply with
the provisions of any notice herein provided for, or who shall violate
any of the provisions of this article, or who shall resist or obstruct
the Borough of Madison or its employees in the cutting and removal
of ragweed, poison ivy, poison sumac or other noxious or poisonous
weeds, shall, upon conviction thereof, be punishable by one or more
of the following in the discretion of the Judge: a fine of not to
exceed $2,000; or by imprisonment for a term not exceeding 90 days;
or by a period of community service not exceeding 90 days. In the
event that a fine is imposed, pursuant to this section, such fine
shall be no less than $100. Each day on which such violation continues
shall constitute a separate offense.
The imposition and collection of the fine or
penalty imposed by the provisions of this article shall not constitute
any bar to the right of the Borough of Madison to collect the costs
as certified for the removal of said weeds in the manner herein authorized.
