[Amended 12-13-2001 by Ord. No. 2000-14]
A. No person owning any property within the Borough of
Chambersburg shall plant, maintain or permit trees or shrubbery to
grow into or remain upon the Borough streets or permit tree limbs
to grow over the streets, so as to obstruct or hinder the use of the
streets or to block or impede the ability of motorists to see clearly
oncoming or intersecting traffic while using streets located in the
Borough.
B. Encroaching and obstructing defined. Any trees or
shrubbery or any part thereof encroaching over the main travel portion
of a street within 14 feet above the paved roadway or which is located
at any point within the triangular area formed by the intersecting
street right-of-way lines and a straight line adjoining said street
right-of-way lines at points which are 30 feet distance from the point
of intersection measured along said street lines in such a manner
as to obstruct or interfere with the ability of motorists approaching
the intersection to see oncoming or intersecting traffic shall be
considered encroaching upon and obstructing said street.
Any tree trunk or limb obstructing the parking
or shoulder areas of the Borough streets shall also be considered
encroaching upon and obstructing the street. The Borough Engineer,
or any officer or employee designated for the purpose, may determine
whether a tree unduly obstructs such parking or shoulder areas of
the Borough streets from being used in a customary and normal manner.
Any tree trunk or limb encroaching upon or obstructing
a Borough street in violation of this provision is hereby declared
to be a public nuisance and detrimental to the health, safety and
comfort of the inhabitants of the Borough.
The owner of any premises with any tree trunk
or limbs encroaching upon or obstructing the Borough streets in violation
of the provisions of this article shall be responsible for the removal
or trimming of such tree trunk or limbs.
The owner of the premises immediately abutting
a sidewalk shall be presumed to be the owner of the trees between
the sidewalk and the street.
The Borough Council, or the Borough Engineer,
or any officer or employee designated for the purpose, is hereby authorized
to give notice, by personal service or by certified mail, to the owner
of any premises whereon a tree trunk or limbs are encroaching upon
or obstructing the Borough streets in violation of this article. Said
notice shall direct and require such owner to remove or trim such
tree trunk or limbs so as to conform to the requirements of this article
within 30 days after issuance of such notice.
In the event any owner shall neglect, fail or
refuse to comply with such notice within the stated time period, the
Borough Engineer, or any officer or employee designated for the purpose,
shall have the authority to remove or trim the obstructing or encroaching
tree trunk or limbs. The cost of such removal or trimming, together
with a ten-percent additional penalty, may be collected from such
owner in the manner provided by law as a municipal claim or civil
action.