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.