reglab/housing_qa huggingface dataset:
NJ Rev Stat § 40:64-2 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-2 - Commissioners' term lengths; alternates

40:64-2. Commissioners' term lengths; alternates  40:64-2. The first commissioners shall be appointed within 60 days after the ordinance providing for the commission shall become effective, and their terms of office shall commence upon the day of their appointment and be for the respective periods of one, two, three, four and five years, if the commission consists of five members, beginning on January 1 next succeeding such appointment. If the commission is to consist of six members, the first commissioners shall be appointed as above, except that two shall be appointed for five years; and if the commission is to consist of seven members, two shall be appointed for five years and two shall be appointed for four years. In the event that the membership of any commission is increased, the new members shall be appointed in such manner that the terms shall expire in accordance with the foregoing. The terms of each appointee shall be designated in his appointment. All subsequent appointments, except to fill vacancies, shall be for the full term of five years, to take effect on January 1.  If the ordinance providing for alternate members provides for two alternate members, they shall be designated at the time of appointment as "Alternate No. 1" and "Alternate No. 2" and shall serve during the absence or disqualification of any regular member or members. The term of each alternate member shall be five years commencing on January 1 of the year of appointment; provided, however, that in the event two alternate members are appointed the initial term of "Alternate No. 2" shall be four years and the initial term of "Alternate No. 1" shall be five years. The terms of the first alternate members appointed pursuant to this section shall commence on the day of their appointment and shall expire on the fourth or fifth December 31 next ensuing after the date of their appointments, as the case may be. An alternate member may participate in discussions of the proceedings but may not vote except in the absence or disqualification of a regular member. A vote shall not be delayed in order that a regular member may vote instead of an alternate member.  Amended 1958,c.42,s.2; 1984,c.164,s.2; 1995,c.1,s.2.
NJ Rev Stat § 40:64-3 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-3 - Organization; salaries of officers and employees

40:64-3. Organization; salaries of officers and employees  The commission shall organize within 30 days after the appointment of its total membership for the remainder of the then calendar year, and thereafter annually by the election of 1 of its members as chairman, and the appointment of a secretary, who need not be a member. The salary of the secretary, who may be compensated even if a member of the commission, shall be fixed by the governing body of the municipality; the salary of all other employees shall be fixed by the commission. All salaries shall be fixed as nearly as practicable in accordance with the salary schedule, if any, of the municipality for corresponding positions. Amended by L.1958, c. 42, p. 137, s. 3.
NJ Rev Stat § 40:64-4 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-4 - Vacancies

40:64-4. Vacancies  Any vacancy occurring by reason of the death, resignation or removal of any commissioner shall be filled for the unexpired term, by the authority having power to make the original appointments.
NJ Rev Stat § 40:64-5 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-5 - Powers of commission

40:64-5. Powers of commission  A shade tree commission organized under this chapter shall have power to a. Exercise full and exclusive control over the regulation, planting and care of shade and ornamental trees and shrubbery now located, or which may hereafter be planted in any public highway, park or parkway, except such as are excluded pursuant to section 40:64-1 of this Title in the municipality for which it was created, including the planting, trimming, spraying, care and protection thereof; b. Regulate and control the use of the ground surrounding the same, so far as may be necessary for their proper growth, care and protection; c. Move or require the removal of any tree, or part thereof, dangerous to public safety; d. Care for and control such parks and parkways; encourage arboriculture; make, alter, amend and repeal, in the manner prescribed for the passage, alteration, amendment and repeal of ordinances by the governing body of the municipality, any and all ordinances necessary or proper for carrying out the provisions hereof; e. Administer treatment to, or remove, any tree situate upon private property which is believed to harbour a disease or insects readily communicable to neighboring healthy trees in the care of the municipality and enter upon private property for that purpose, with the consent of the owner thereof, provided the suspected condition is first confirmed by certificate issued by or on behalf of the Department of Agriculture. Amended by L.1958, c. 42, p. 137, s. 4, eff. May 20, 1958.
NJ Rev Stat § 40:64-6 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-6 - Performance of duties of shade tree commission by park commission

40:64-6. Performance of duties of shade tree commission by park commission  If in any municipality there is a park or parkway commission of the municipality, as distinguished from a shade tree commission, such existing commission shall, if the ordinance providing for a shade tree commission for the municipality so provides, exercise the powers granted to and discharge the duties imposed upon a shade tree commission by this chapter, but shall receive no additional compensation, and in such case no shade tree commissioners shall be appointed, and all the provisions of this chapter with respect to a shade tree commission shall be deemed and taken as applicable to such park or parkway commission discharging the duties of a shade tree commission. Amended by L.1958, c. 42, p. 138, s. 5, eff. May 20, 1958.
NJ Rev Stat § 40:64-7 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-7 - Existing commissioners continued; duties and powers; funds, contracts and employees

40:64-7. Existing commissioners continued; duties and powers; funds, contracts and employees  L.1915, c. 325, s. 12, p. 593, as amended by L.1918, c. 58, s. 4, p. 170 [1924 Suppl. s. 136-3650A(12) ], said amendatory section being section four of an act "An act to amend an act entitled "An act providing for the regulating, care and control of shade trees and shrubbery upon the public highways and in municipal parks, and for the care, control and improvement of such parks; authorizing the continuance of existing shade tree commissions, and the appointment of shade tree commissions and prescribing their powers and duties' (Revision of 1915), approved April fourteenth, one thousand nine hundred and fifteen," approved February sixteenth, one thousand nine hundred and eighteen, saved from repeal. [This section preserved shade tree commissions established theretofore, prescribed their duties and provided for the disposition of funds, rights of employees and execution of their contracts.]
NJ Rev Stat § 40:64-8 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-8 - Cost of trees and improvements; charge and lien on property; exceptions

40:64-8. Cost of trees and improvements; charge and lien on property; exceptions  Except as hereinafter provided the initial cost of all trees planted by the commission, 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 commission shall so determine, 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 so determined that it is to be paid by the owner shall, unless paid directly to the commission be certified by it to the collector of taxes of the municipality, 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 be collected in the same manner as other taxes against that property. The provisions of this section shall not apply to: a. A planting to replace a tree or trees theretofore planted by the commission; b. A planting in connection with Arbor Day exercises or other educational demonstration. Amended by L.1958, c. 42, p. 138, s. 6, eff. May 20, 1958.
NJ Rev Stat § 40:64-9 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-9 - Planting and removal of trees; notice and hearing; emergencies

40:64-9. Planting and removal of trees; notice and hearing; emergencies  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 commission shall give notice of the meeting at which it is proposed to consider said planting by publishing the notice at least once, not less than twenty days before the meeting, in a newspaper circulating in the municipality, or by personal service of a copy of the notice upon the abutting owner at least ten 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 commission at or before the meeting. Before final action shall be taken all objections so filed shall be considered. The commission 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, unless public safety requires immediate removal, in which case no notice shall be necessary.
NJ Rev Stat § 40:64-10 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-10 - Public improvements affecting trees; consent of commission; county park commissions unaffected

40:64-10. Public improvements affecting trees; consent of commission; county park commissions unaffected  No statute giving any person or State, county or municipal board, body or official, power or authority to lay any sidewalk along, or to open, construct, curb or pave any street, or to do any similar act, shall be construed to permit or authorize any interference with or injury to a highway shade tree without the consent of the shade tree commission within whose jurisdiction such tree shall be located. In all cases such commission shall reasonably co-operate with such person, board, body or official for the general public good. Nothing in this chapter contained shall be held to take away or diminish any of the powers or authority of any county park commission over the trees or shrubbery in any county park or parkway within its jurisdiction, or to give any other commission or board any power or authority with respect to such trees or shrubbery. Amended by L.1958, c. 42, p. 139, s. 7, eff. May 20, 1958.
NJ Rev Stat § 40:64-11 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-11 - Annual appropriation; estimate; amount

40:64-11. Annual appropriation; estimate; amount  During the month of December in each year, the shade tree commission shall certify to the governing body of the municipality, the estimated sum necessary for the proper conduct of its work during the ensuing fiscal 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; namely, (1) Payment of wages and salaries of employees; (2) Expenses of commission members in discharging official duties including expenses incident to attendance at professional meetings; (3) Purchase of trees and shrubbery; and (4) Purchase of necessary equipment and materials and the cost of services for the prudent promotion of the work. The governing body of the municipality shall annually appropriate such sum as it may deem necessary for said purposes. Amended by L.1958, c. 42, p. 140, s. 8, eff. May 20, 1958.
NJ Rev Stat § 40:64-13 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-13 - Disposition of penalties

40:64-13. Disposition of penalties  All moneys collected in any municipality, either as fines or penalties, for any violation of a rule or regulation of a shade tree commission, or as a charge against real estate, under any provision of this chapter, shall be forthwith paid over to the municipal officer empowered to be custodian of the funds of the municipality. Amended by L.1958, c. 42, p. 141, s. 10.
NJ Rev Stat § 40:64-14 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:64-14 - No liability for death or injury

40:64-14. No liability for death or injury  40:64-14. No liability for death or injury. Nothing in this chapter contained shall be construed to make any shade tree commission or any member thereof ,or any volunteer participating in a community forestry program as provided for by section 4 of P.L.1996, c.135 (C.13:1L-17.4), responsible for the death or injury of any person, or for an injury to any property or highway tree or shrub. Liability for any such death or injury shall be governed by the provisions of section 16 of P.L.1996, c.135 (C.59:4-10) and any other relevant provisions of the "New Jersey Tort Claims Act," N.J.S.59:1-1 et seq. Amended 1958, c.42, s.11; 1996, c.135, s.17.
NJ Rev Stat § 40:65-1 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-1 - Ordinances for cost; conformance to grade; exception

40:65-1. Ordinances for cost; conformance to grade; exception  The governing body may make, amend, repeal and enforce ordinances: To regulate and provide for the construction and reconstruction, paving and repaving, curbing and recurbing, repairing and improving of the sidewalks of the streets and highways of the municipality, wholly at the cost of the municipality or wholly at the cost of the owner or owners of the real estate in front of which the improvement is made, or at the cost of the municipality and such owner or owners, to prescribe the method thereof, the materials to be used therein and the inspection thereof. When the grade of the street, or highway, or part thereof, shall have been previously legally established, the proposed improvement shall conform, as nearly as practicable, to such established grade. If any street, parkway or public highway so to be improved be under the control of any county board or commission, the approval of said body of the plans of improvement shall be obtained before the improvement is begun. Nothing herein contained shall be construed as permitting the governing body of any municipality to improve any road, street or highway entirely within the limits of a county park. Amended by L.1958, c. 133, p. 633, s. 1, eff. July 29, 1958.
NJ Rev Stat § 40:65-2 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-2 - Notice of improvement; contents

40:65-2. Notice of improvement; contents  In event that the cost of any such improvement is to be borne wholly or in part by the owner or owners of such real estate, the governing body shall, before making any such improvement or awarding any contract therefor cause notice of the proposed improvement to be given to the owner or owners of all real estate affected thereby. The notice shall contain a description of the property affected sufficient to identify it, a description of the improvement, and a statement of the percentage of the cost to be borne by the owner or owners of such real estate, if the cost thereof is to be borne in part by such owners, or a statement that unless the owner or owners complete the same within 30 days after service thereof the municipality will make the improvement at the expense of the owners, if the cost of the improvement is to be borne wholly by the owner or owners of such real estate. Amended by L.1958, c. 133, p. 634, s. 2.
NJ Rev Stat § 40:65-3 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-3 - Service of notice.

40:65-3 Service of notice.  40:65-3. The notice may be served upon all owners residing in the municipality, personally, or by leaving the same at their usual place of residence with a member of the family above the age of fourteen years. In the case of minors and incapacitated persons, the notice shall be served upon their guardians; when any real estate is held in trust, upon the trustee; when held by joint tenants, tenants in common or by the entirety, upon any one such tenant. If the owner of the real estate is a nonresident of the municipality, the notice may be served upon the owner personally, or upon the owner's agent in charge of the property, or upon the occupant thereof, or mailed to the nonresident owner at the nonresident owner's last known post-office address. amended 2013, c.103, s.108.
NJ Rev Stat § 40:65-4 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-4 - Publication of notice where service impossible

40:65-4. Publication of notice where service impossible  If the owner is unknown, or if, for any reason, service cannot be made as hereinbefore directed, the notice shall be published in a newspaper circulating in the municipality, at least once and not less than thirty days before the improvement is made by the municipality. Notices to the owner or owners of several distinct parcels of real estate may be inserted in the same publication.
NJ Rev Stat § 40:65-5 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-5 - Proof of service

40:65-5. Proof of service  Proof by affidavit of service of such notices shall be filed within ten days thereafter with the officer in charge of the records of tax liens of the municipality, but failure to file such proofs shall not invalidate the proceedings if service has been made as hereinbefore provided.
NJ Rev Stat § 40:65-6 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-6 - Notice of improvement unnecessary where notice of ordinance given

40:65-6. Notice of improvement unnecessary where notice of ordinance given  The governing body may make any sidewalk improvement, or award a contract or contracts therefor, without giving the notice required by sections 40:65-2 to 40:65-5 of this title, if notice of the pendency of the ordinance providing for the improvement be given to the owners of the real estate affected thereby, in the same manner as provided in said sections 40:65-2 to 40:65-5, and a hearing be given to all persons interested in the proposed improvement at the time and place stated in the notice and before passage of the ordinance. The notice shall be served or published ten days prior to the day fixed for the hearing.
NJ Rev Stat § 40:65-7 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-7 - Municipality to make improvement on neglect of owner; contracts

40:65-7. Municipality to make improvement on neglect of owner; contracts  In any case in which the owner or owners of the real estate affected are required to bear the whole cost of the improvement after the passage of the ordinance therefor, and notice given as in sections 40:65-2 to 40:65-5 of this Title directed, the owner of any real estate affected by such improvement shall fail to make such improvement as required by the ordinance, or in any case in which the whole cost of said improvement is not to be borne by the owner or owners of the real estate affected thereby, the governing body may cause the improvement to be made under supervision of the proper municipal officer, or may award a contract or contracts therefor. Amended by L.1958, c. 133, p. 635, s. 3, eff. July 29, 1958.
NJ Rev Stat § 40:65-8 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-8 - Costs; record filed; apportionment and assessment; notice to owners

40:65-8. Costs; record filed; apportionment and assessment; notice to owners  The officer of the municipality in charge of such improvement shall keep an accurate account of the cost thereof and if such cost or any part thereof is to be assessed upon the several properties fronting on the improvement, shall assess such cost or the proportion thereof required to be assessed under said ordinance upon such properties in proportion to their respective frontage thereon, and file a report thereof under oath with the municipal clerk. The governing body shall examine such report, and if properly made, confirm and file it with the officer charged with the collection of assessments, who shall record such sidewalk assessments in the book in which other assessments of the municipality are recorded. Before confirming the report the governing body shall give notice to the owner or owners named therein of the time and place fixed for examination of the report. The notice shall be served in the same manner as required for service of notices before consideration by a governing body of a municipality of assessments for benefits for local improvements, but failure to give any such notice shall not invalidate the proceedings. Amended by L.1958, c. 133, p. 635, s. 4, eff. July 29, 1958.
NJ Rev Stat § 40:65-9 (2021)
2021 New Jersey Revised Statutes|Title 40 - Municipalities and Counties|Section 40:65-9 - Assessments a lien; collection and enforcement; installments; errors immaterial

40:65-9. Assessments a lien; collection and enforcement; installments; errors immaterial  Such sidewalk assessments shall bear interest from the time of confirmation at the same rate and with the same penalties for nonpayment as assessments for local improvements in the municipality, and from the confirmation thereof shall be a first and paramount lien upon the real estate assessed to the same extent and be collected and enforced in the same manner as assessments for local improvements. The governing body may provide for the payment and collection of such assessments in installments in the same manner and at the same rate of interest as assessments for local improvements are payable in installments in the municipality. No such assessments shall be invalid by reason of error in the statement or omission of the name of any owner or owners of real estate assessed, or for any other informality, where such real estate has been actually improved.