[HISTORY: Adopted by the Borough Council of the Borough of Paramus 5-14-1969 by Ord. No. 608 (Ch. 6, Art. 3 of the 1969 Code); amended in its entirety 11-24-1992 by Ord. No. 92-23. Subsequent amendments noted where applicable.]
Editor's Note: Ordinance No. 2017-12 transferred the position of Park Ranger from the Shade Tree and Parks Commission to the Paramus Police Department.
As used in this chapter, the following terms shall have the meanings indicated:
- The Board of Shade Tree and Parks Commissioners.
- Any public highway, public place and park or parkway, except a county park or parkway.
- Any tree, shrub or plant or any root, branch, flower or any part thereof.
[Amended 3-11-1999 by Ord. No. 99-02]
There shall be established a Board of Shade Tree and Parks Commissioners of the Borough, which shall consist of seven members, residents of the Borough appointed by the Mayor and who shall serve without compensation except as hereinafter provided.
All appointments to the Board shall be for the terms of five years each, to take effect on January 1, except that the members first appointed to the Board shall be appointed for the respective terms of three, four and five years. The members appointed to the Board to reflect the increase in the size of the Board from five to seven members shall initially be appointed for the respective terms of one and two years.
[Amended 3-11-1999 by Ord. No. 99-02]
Any vacancy occurring by reason of death, resignation or removal shall be filled by the Mayor for the unexpired term.
The Board shall organize annually by the election of one of its members as Chairman and the appointment of a Secretary who need not be a member of the Board. The salary of the Secretary, who may be compensated even if a member of the Board, and the salary of all other employees shall be fixed by the Council. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule of the Borough for corresponding positions.
The Board shall have power to:
Exercise full control over the regulation, planting and care of shade and ornamental trees and shrubbery now located or which may hereafter be planted in any street in the Borough, including the planting, trimming, spraying, care and protection thereof.
Regulate and control the use of the ground surrounding the aforesaid shade and ornamental trees and shrubbery, so far as may be necessary for their proper growth, care and protection.
Move or require the removal of any tree or part thereof if the Board determines it to be dangerous to public safety, at the expense of the owner of such tree.
Remove any tree or part thereof at the request and expense of the owner of such tree.
Care for and control the parks and parkways, and to encourage arboriculture.
Contract with the owner of any real estate in the Borough to supply him with material and labor for the purpose of planting, cultivating or removing trees, grass, flowers or shrubbery, and to charge the actual cost thereof to such owner. If, after such material or labor is supplied, payment therefor is not made on demand, the Board may certify the actual cost thereof to the Collector of Taxes, who shall collect the sum so certified as other taxes on real property are collected.
Make, alter, amend and repeal any and all ordinances necessary or proper for carrying out the provisions of this chapter.
Except as hereinafter provided in Subsection B of this section, the initial cost of all trees planted by the Board, the cost of planting the same, the cost of the posts and boxes or guards used for the protection thereof and the cost of the removal of any tree or part thereof dangerous to public safety shall if the Board so determines in accordance with uniform rules and regulations promulgated for this purpose, be a charge upon the real estate in front of which such tree or trees shall be planted or removed as an improvement thereof. Such cost, if it is required to be paid by the owner, shall, unless paid directly to the Board, be certified by it to the Collector of Taxes of the Borough. Such cost shall thereupon become and be a lien upon said real estate, shall be included in the next tax bill rendered to the owner or owners thereof and shall be collected in the same manner as other taxes against that property.
In every case where the property of an abutting owner will be chargeable with the cost of the planting of any shade tree or trees, the Board shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not fewer than 20 days before the meeting, in a newspaper circulating in the Borough or by personal service of a copy of the notice upon the abutting owner at least 10 days before the meeting. The notice shall specify the street, streets or portions thereof on which such planting is proposed and require all persons who may object thereto to present their objections, in writing, at the office of the Board at or before the meeting. Before final action shall be taken, all objections so filed shall be considered. The Board shall give reasonable notice of its intention to remove or cause the removal of a tree or part of a tree dangerous to public safety. If public safety requires immediate removal, no notice shall be necessary.
During the month of December in each year, the Board shall certify to the Council the estimated sum necessary for the proper conduct of its work during the ensuing calendar year, which shall include the sums estimated to be expended for such of the following items as it is anticipated expenditure will be made for:
Payment of wages and salaries of employees.
Expenses of Board members in discharging official duties, including expenses incident to attendance at professional meetings.
Purchase of trees and shrubbery.
Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work.