[HISTORY: Adopted by the Board of Supervisors of the Township
of Fairview 5-28-1998 by Ord. No. 98-4 (Ch. 25, Part 1, of the
1991 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Tree Trimming
Ordinance."
For the purposes of this chapter, the following words shall
be the meaning ascribed to them in this section, except where the
context in which the word is used clearly indicates otherwise:
Any natural person, firm, partnership, association, corporation,
company or organization of any kind.
Township of Fairview, York County, Pennsylvania.
No person owning or occupying any property within the Township
shall permit limbs, branches or growth of trees, shrubbery, bushes
or other plant growth to be less than 14 feet in height or clearance
over a cartway of any highway, road, street or alley; or less than
eight feet in height or clearance over any sidewalk or footway; or
otherwise obstruct, impede or interfere with traffic or travel on
or use of such streets or sidewalks.
The owner of any vacant property or the owner or occupant of
any occupied property shall trim, cut or remove all trees, shrubbery,
bushes or other plant growth growing on such property in violation
of the provisions of this chapter.
The Board of Supervisors, the Township Manager or any officer
or employee of the Township designated thereby for the purpose, are
hereby authorized to give notice, by personal service or mail, to
the owner or occupant, as the case may be, of any property whereon
there is a violation of this chapter, directing and requiring such
owner or occupant to trim, cut or remove such trees, shrubbery, bushes
or other plant growth so as to conform to the requirements of this
chapter, within 15 days after issuance of such notice.
In case any person shall neglect, fail or refuse to comply with
such notice within said period of time, the Township authorities may
trim, cut or remove such trees, shrubbery, bushes or any other plant
growth, or may enter into a contract to cause the same to be done
and the costs thereof, together with a penalty of 10% of such costs,
may be collected by the Township from such person in the manner provided
by law.
Any person firm or corporation found to be in violation of this
chapter shall pay a fine of not more than $600. Any person specifically
authorized by the Board of Supervisors of Fairview Township shall
determine in each instance whether a violation has occurred under
this chapter. Upon determination that a violation has occurred, the
person designated by the Board of Supervisors shall impose a fine
upon the violator and shall give the violator written notice by United
States mail or in person of the violation and the imposition of a
fine. If the violator fails to pay a fine within the time specified
in the notice of violation, the authorized person may institute a
civil enforcement proceeding on behalf of the Township and any person
found to be in violation shall pay the fine set forth above plus all
court costs and reasonable attorney's fees incurred by the Township
in the civil enforcement proceeding. Each day that a violation continues
shall constitute a separate offense.
