[HISTORY: Adopted by the Mayor and Council
of the Borough of Closter 11-22-1967 by Ord. No. 1967:179 as Ch. 102 of the 1967 Code.
Amendments noted where applicable.]
[Amended 7-22-1992 by Ord. No. 1992:628]
A.
The owners, tenants or persons in possession of any
lands within the Borough shall keep all brush, hedges and other plant
life growing within 10 feet of any roadway and, where two or more
roadways intersect, 25 feet of the edge of the roadway pavement adjacent
to the affected property cut or trimmed to a height of not more than
2 1/2 feet above the roadway grade, where it shall be determined
by the Police Chief or his or her designee (hereinafter "Police Chief")
that such cutting or trimming is necessary and expedient for the preservation
of the public safety. The Police Chief shall, if he or she makes the
determination pursuant to this subsection, give notice, in the manner
hereinafter provided, that such brush, hedges or other plant life
shall be cut or trimmed within 10 days of receipt of such notice.
B.
Tree limbs and branches.
(1)
The owners, tenants or persons in possession of any lands within the Borough shall keep all trees and tree limbs, branches, leaves or other vegetation which overhangs into a right-of-way cut or trimmed where it shall be determined by the Closter Police Chief that such cutting or trimming is necessary and expedient for the preservation of public safety and whenever there is an obstruction of sight distance, traffic control device, traffic sign, street sign or other sign or marking legally in said right-of-way. The Police Chief shall, if he or she makes the determination pursuant to this subsection, give notice, in the manner hereinafter provided, that such tree or vegetation be cut or trimmed within 10 days of receipt of such notice, unless Subsection B(2) below is applicable.
(2)
If the tree or its limbs, branches or leaves determined
to be in need of cutting or trimming are located in the right-of-way
and within the jurisdiction of the Shade Tree Commission, the Police
Chief shall give notice to the Shade Tree Commission
[Amended 9-23-1981 by Ord. No. 1981:420; 7-22-1992 by Ord. No. 1992:628]
Any notice required hereunder shall be in writing
and may be served either personally or by certified mail, return receipt
requested, upon the owner, tenant or person in possession of any premises
affected by said notice.
[Amended 7-22-1992 by Ord. No. 1992:628]
In the event that any owner, tenant or person in possession fails to cut any brush, hedges or other plant life or to cut or trim any tree or vegetation after notice given, as set forth in § 81-2, the same shall be cut or trimmed under the direction and supervision of the Superintendent of the Department of Public Works, who shall certify the cost thereof to the governing body. The governing body shall examine the certification of such costs and, if found correct, shall cause the costs as shown thereon to be charged against the affected property. In the event that such costs are deemed excessive, the governing shall cause reasonable costs to be charged against said property. The amount so charged shall forthwith become a lien upon the affected property and shall be added to and become and form part of the taxes next to be assessed and levied upon the affected property, the same to bear interest at the same rate as other taxes and which shall be collected and enforced by the same officers and in the same manner as taxes.
The terms "owner," "tenant" or "persons in possession"
shall include any individual, corporation, association or individuals,
firm or partnership.
[Amended 7-22-1992 by Ord. No. 1992:628; 1-3-1994 by Ord. No. 1993:663]
[Added 9-23-1981 by Ord. No. 1981:420; amended 4-9-2008 by Ord. No. 2008:1009]
The Chief of Police, the Construction Code Official and members of the Borough of Closter Police Department shall have authority to enforce the provisions of this Chapter 81 of the Code of the Borough of Closter, and each of them shall hereinafter be referred to as an "enforcement officer."
