[Amended 6-22-2004 by Ord. No. 04-16]
Where it shall be necessary and expedient for
the preservation of public safety, the owner of lands may be required
to cut any or all brush, hedges and other plant life growing within
10 feet of the edge of the paved portion of any roadway and within
25 feet of the nearest junction of the paved edges of two intersecting
streets to a height of not more than 30 inches above the crown of
the road at the nearest point.
[Amended 6-22-2004 by Ord. No. 04-16]
The Director of Public Works is hereby empowered
to determine the necessity for the cutting of brush, hedges and other
plant life as hereinabove provided. He shall give the property owner
10 days' written notice to cut the same to the height required herein,
and upon failure of the owner to comply with said notice, the brush,
hedges or other plant life shall be cut by municipal employees. If
the situation is an immediate hazard to the general public, the Director
of Public Works is hereby empowered to cut plant life creating the
hazard without giving notice to the property owner.
A.Â
Any person, upon receiving such a notice and within
three days thereof, may, in writing, appeal to the Mayor and Council
from the determination by the Director of Public Works that a necessity
exists requiring the clearing of the premises. Such an appeal shall
act as a stay until the Council acts upon the appeal and determines
the validity thereof.
[Amended 6-22-2004 by Ord. No. 04-16]
B.Â
The failure of an owner of land to receive the ten-day
notice provided for herein shall not be a defense against the application
of the provisions of this article.
[Amended 6-22-2004 by Ord. No. 04-16]
The Director of Public Works shall certify the
cost of any such work performed to the Borough Council, which shall,
under the provisions Chapter 152, Public Laws of 1949,[1] charge the same against the lands, to be added to and
become a part of the taxes assessed and levied upon such lands.
[1]
Editor's Note: N.J.S.A. 40:48-2.26 and 40:48-2.27.
