[HISTORY: Adopted by the Borough Council of the Borough of Clarion 9-1-1981 as Ch. 75 of the 1981 Code; amended in its entirety 7-5-2005 by Ord. No. 2005-733. Subsequent amendments noted where applicable.]
All words and phrases shall be defined according to their normal and common usage unless otherwise identified herein.
As used in this chapter, the following terms shall have the meanings indicated:
- All ornamental and natural growth of shrubs, bushes and small trees planted in line along the edge of a public street or sidewalk.
- PROPERTY or PREMISES
- Shall be construed to include the area under the control of the owner located between the improved portion of the street and the property line and commonly identified as the street right-of-way.
- Shall include the terms "alley," "place," "way," "drive," "road" or similar term but not a driveway, private drive, or private right-of-way.
All trees on or adjacent to public streets or sidewalks in the Borough of Clarion shall not extend any lower than 18 feet above the public street or lower than eight feet above a public sidewalk.
No hedge, shrub, bush or small tree shall encroach upon or overhang the clear width of a public sidewalk or public street in such a manner as it diminishes the clear width of said sidewalk or street from ground level a distance of eight feet above the sidewalk or 18 feet above the street.
When any tree, hedge, bush or shrub in the Borough of Clarion shall be determined to be in violation of the above § 199-1A or B, the owner of such tree, hedge, bush or shrub shall, upon notification by the Borough Manager or his/her designated agent, trim said tree, hedge, bush or shrub so that it ceases to be in violation of this chapter within five days of the date of notice.
The owners of hazardous, dead or decaying trees shall, upon notification by the Borough that such trees might be hazardous, remove such trees at the expense of the property owner. Compliance shall be accomplished as soon as is reasonably possible, but under no circumstance shall the condition be allowed to continue for a period longer than 15 days following notification without prior approval by the Borough Manager or his/her designated agent.
Should a property owner refuse or neglect to trim any tree, hedge, bush or shrub in compliance with the minimum heights required by this chapter, or to remove any hazardous, dead or decaying tree after being so notified by the Borough, the Borough of Clarion may, at its discretion, trim and/or remove or cause to be trimmed and/or removed any such trees, hedges, bushes or shrubs deemed to be in violation of this chapter and the reasonable cost thereof, along with an additional penalty of 10%, shall be collected from the property owner in the manner provided by law.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person who shall permit the trees, hedges, shrubs or bushes on his/her property to remain in violation of the provisions of this chapter or shall fail to remove trees determined by the Borough to be hazardous, dead or decaying shall, upon conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $500 and the cost of prosecution or, in default of such payment of fines and costs, to undergo imprisonment for not more than 30 days, and providing that each day's continued violation shall be considered a separate offense.
Notwithstanding any of the provisions of this chapter, the owner of said property or premises shall be solely responsible for compliance with the requirements of this chapter and shall be liable for all penalties for violation.