As used in this chapter, the following terms shall have the meanings
indicated:
PERMIT
A permit, in writing, issued by the Secretary of the Shade Tree Commission
of the Borough of Glenolden or the appropriate designated agent or representative
of the Borough of Glenolden.
PERSON
Includes individuals, corporations, groups of individuals, firms,
associations and the servants, agents or other employees of such individuals,
corporations, groups of individuals, firms and associations.
PUBLIC AREA
Area, including cartways and sidewalks, within public right-of-way
lines for streets, highways, alleys and public ways within the Borough of
Glenolden and all property owned by the Borough of Glenolden.
TREE
Any tree, shrub or other woody plant or any part thereof which is
in or upon or which extends within the lines of any public street, highway,
avenue, park, parkway or other public area of the Borough.
No shade tree shall be planted in or upon or removed from any public
street, highway, avenue, park, parkway or other public area without a written
permit, which permit shall designate the type of tree and location where the
tree is to be planted or removed. The Commission shall have the authority
to designate the suitable type of tree and may refuse a permit to plant any
type of tree which, in the opinion of the Commission, is not suitable to the
location.
The Commission, or its designated representative or appropriate Borough
official, may require the removal of diseased trees. Upon the failure of the
owner to do so within 30 days after the notice was mailed, the Commission
may remove such trees and collect the costs thereof as herein provided.
Whenever it is necessary for the Commission or the Borough to trim or
remove trees by reason of the failure of the property owner to do so after
30 days' notice, the Borough may levy and collect the costs thereof from
the owner of the property.
For the purpose of defraying the cost of the planting, trimming, maintenance
and removal of trees and similar expenses of the Borough, the Council may
appropriate necessary funds or designate Borough workers to do the required
services. The Commission may not hire employees or have the work done without
first obtaining the approval of the Council of the Borough of Glenolden. The
cost of such work shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Borough Engineer and shall be
filed with the Borough Secretary. Any such lien may be collected by an action
in assumpsit or by lien filed in the manner provided by law for filing and
collection of municipal claims. The Borough Secretary shall cause 30 days'
written notice to be given the persons against whose property an assessment
has been made, which notice shall contain the amount of the assessment, the
time and place of payment and certificates from the Commission and the Engineer
concerning the work performed. If payment is not made within 30 days after
notice of assessment, collection may be made as herein provided.
It shall be the responsibility of the Shade Tree Commission to order
the removal of any dead tree after it has been determined by the Commission
that the removal is necessary for the safety of the community.
Except in case of immediate necessity for the protection of life or
property, no person without having first obtained a permit shall cut, break,
climb with spurs, injure in any manner or remove any shade tree; cut down
or interfere in any way with the main roots of any shade tree; spray any shade
tree with any chemical or insecticide; place any rope, guy wire, cable, sign,
poster or any other fixture on any shade tree or guard for any shade tree;
or injure, misuse or remove any device placed to protect any shade tree.
Every owner or occupier of property shall maintain an area of open space
not less than four square feet around the base of every shade tree, which
space shall be so maintained as to permit the free passage of air and water
to the roots of such tree.
No person shall pour salt water, oil or any other material at any place
in such manner that injury might result to any shade tree.
Any person who shall violate or fail to comply with the terms and provisions
of this chapter or with any of the regulations and rules promulgated by the
Shade Tree Commission of the Borough of Glenolden shall be liable, on conviction
thereof, to a fine or penalty not exceeding $300 for each and every offense,
and whenever such person shall have been notified by the Shade Tree Commission
or by service or summons in prosecution or in any other way, that he is committing
such violation, each day in which he continues such violation after any such
notification shall constitute a separate offense punishable by like fine or
penalty. Such fines or penalties shall be collected as prescribed by law.
Any person who commits a second or repeated offense shall be liable to conviction,
fine or penalty up to $500 for each and every second or repeated offense,
and whenever such person shall have been notified by the Shade Tree Commission
or by service or summons in prosecution or in any other way that he is committing
such violation, each day in which he continues such violation after any such
notification shall constitute a separate offense punishable by like fine or
penalty. Such fines or penalties shall be collected as prescribed by law.