ARTICLE I Height of Brush and Hedges

[Adopted 12-14-1965 (Sec. 4-8 of the 1974 Code)]

§398-1. Height of plant life near roadways restricted ; time limit to comply with notice.

The owner or tenant of any lands lying within the Borough limits 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 determined necessary and expedient for the preservation of the public safety within 10 days after notice to cut or remove the same.

§ 398-2. Notice to remove; reinspection.

Notice to cut or remove objectionable brush, hedges and other plant life within 10 days shall be given by the Code Enforcement Officer to the owner or tenant by registered mail to the last known post office address. The Code Enforcement Officer shall reinspect the land after the ten-day period expires and shall report in writing to the Borough Council whether or not the objectionable condition has been abated or remedied.

§ 398-3. Removal by Borough.

In the event the owner or tenant fails to keep and maintain all brush, hedges and other plant life as set forth in § 398-1, the Borough may proceed to cause the cutting and removal of same under the direction of the Code Enforcement Officer.

§ 398-4. Costs of removal as lien.

In any case where the Borough has cut and removed brush, hedges and other plant life, the Code Enforcement Officer shall thereafter certify to the Borough Council the cost thereof and, if the amount so certified is by resolution of the Borough Council determined to be correct and reasonable, the Borough Clerk shall deliver a certified copy of the resolution to the Tax Collector. The amount so charged shall then become a lien upon the lands from which the brush, hedges and other plant life were cut and removed and shall be added to and become 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 be collected and enforced by the Tax Collector in the same manner as taxes, as authorized by N.J.S.A. 40:48-2.26 and 40:48-2.27. Costs shall be in addition to any penalties imposed for any violation of this article.

§ 398-5. Powers of county.

The County of Monmouth is empowered to carry out the terms of this article on all county roads and at all intersections with county roads, provided that the county shall act only upon authority therefor after the passage of a resolution by the Borough Council in accordance with § 398-2, and further provided that in such event there shall be no fees or charges levied against the affected Borough property owners.