Chapter 58A. Height of Brush, Hedges, Etc.

CHAPTER 58A HEIGHT OF BRUSH, HEDGES ETC.

HEIGHT OF BRUSH, HEDGES AND OTHER PLANT LIFE NEAR ROADWAYS AND INTERSECTIONS

§ 58A-1. Maintenance and Cutting of Brush and Hedges near Roadways and Intersections.

§ 58A-2. Failure of Owner or Tenant to Comply.

§ 58A-3. Cost of Cutting Brush and Hedges: Charging against Lands and Lien.

§ 58A-4. Violations and penalties.

§ 58A-5. Inconsistency.

§ 58A-6. Severability.

§ 58A-7. Effective date.

[HISTORY: Adopted by the Township Council of the Township of Gloucester on 1-28-85 by Ord. No. 0-85-2. Amendments noted where applicable.]

General References

Brush, Weeds, etc. - See Ch. 37.

Property Maintenance Code - See Ch. 67A

Be it ordained by the Township Council of the Township of Gloucester, County of Camden and State of New Jersey, as follows:

§ 58A-1. Maintenance and Cutting of Brush and Hedges Near Roadways and Intersections.

The owners or tenants of all lands lying within the limits of the Township of Gloucester shall keep and maintain all brush, hedges and other plant life, growing within ten (10) feet of any roadway and within twenty-five (25) feet of the intersection of two roadways, cut to a height of not more than two and one-half (2½) feet where it shall be necessary and expedient for the preservation of the public safety, within ten (10) days after notice to cut the same.

§ 58A-2. Failure of Owner or Tenant to Comply.

In the event the owner or tenant of any lands lying within the limits of the Township of Gloucester shall refuse or neglect to cut or maintain all brush, hedges and other plant life growing within ten (10) feet of any roadway and within twenty-five (25) feet of the intersection of any two roadways as hereinabove required, within ten (10) days after notice to cut the same, said brush, hedges and other plant life shall be cut to the maximum height permitted under § 58A-1 of this ordinance by or under the direction of the Director or Super­visor of the Department of Public Works of the Township who shall remove or cause to be removed all cuttings, clippings, branches and debris.

§ 58A-3. Cost of Cutting Brush and Hedges; Charging against lands; lien.

In all cases where brush, hedges and other plant life are cut from any lands and the cuttings, clippings, branches, and debris are removed by or under the direction of the Director or Supervisor of the Department of Public Works as provided in § 58A-2 of this ordinance, such officer shall certify the cost thereof to the governing body which shall examine the certificate and if found to be correct shall cause the costs as shown thereon to be charged against said lands, or in the event that such cost is excessive to cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon such lands and shall be added to and become and from part of the taxes next to be assessed and levied upon such lands, the same to 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.

§ 58A-4. Violations and Penalties.

Notwithstanding the provisions herein providing for the charging or assessment of costs as a lien upon lands, any person violating, or failing to comply with, any of the provisions of this ordinance, shall upon conviction thereof, be subject to a fine not to exceed five hundred dollars ($500.) or imprisonment for a term not to exceed ninety (90) days, or both. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

§ 58A-5. Inconsistency.

All ordinances and provisions thereof inconsistent with the provisions of this ordinance shall be and are hereby repealed to the extent of such inconsistency.

§ 58A-6. Severability.

If any section, subsection, part, clause or phrase of this ordinance shall be declared invalid by judgement of any court of competent jurisdiction, such section, subsection, part, clause or phrase shall be deemed to be severable from the remainder of this ordinance.

§ 58A-7. Effective date.*.

This ordinance shall take effect immediately after final passage and publication as required by law.