[HISTORY: Adopted by the Borough Council of the Borough of
Kenhorst 12-3-1970 by Ord. No. 279 (Ch. 24, Part 2, of the 1973 Code
of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 341.
[Amended 1-6-2003 by Ord. No. 482]
A.
COUNCIL
PERMIT
PERSON
PUBLIC HIGHWAY
SECRETARY
SHADE TREE
The following words and phrases, when used in this chapter, shall
have the meanings hereby ascribed to them, except in those instances
where the context clearly indicates a different meaning:
The Council of the Borough of Kenhorst.
Any permit in writing as issued by the Secretary of the Council
of the Borough of Kenhorst.
Any natural person, firm, association, partnership or corporation.
Any street, sidewalk or alley open to the public and extending
to the building line as shown on the topographical survey or other
recorded plan of property within said Borough.
The Borough Secretary, in her capacity as the appointed Secretary
of the Council of the Borough of Kenhorst.
Any tree, shrub or other woody plant on any public highway
in the Borough of Kenhorst, or that part of any tree, shrub or other
woody plant which extends within the limits of any public highway.
The ownership and sole responsibility for the planting, removing,
care and maintenance of public shade trees is vested in the owner
of the property abutting the area wherein the tree or trees are planted.
No person shall permit any trees, shrubs or other woody plants
afflicted with the Dutch elm or other diseases, which threaten to
injure or destroy other trees, shrubs or other woody plants in the
Borough, to remain at any place upon property owned by him or upon
any portion of the public highway abutting such property.
[Amended 1-6-2003 by Ord. No. 482]
The owner of any property, and/or the owner of any property
abutting a portion of the public highway, upon which any trees, shrubs
or other woody plants afflicted with the Dutch elm or other diseases
which threaten to injure or destroy other trees, shrubs or other woody
plants in the Borough, shall exist or be situate contrary to the provisions
of this chapter, shall, upon 20 days' written notice from the
Council, take the necessary measures to cut and/or remove the same
as the case may be, to rectify such condition so that the same shall
thereafter conform to all requirements of this chapter. If at the
expiration of such period, such conditions shall not have been corrected
or rectified by the owner of such property, Borough Council may cause
the necessary work to be done and levy and collect the cost thereof
from the owner of the property. 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 the
filing and collection of municipal claims.
All trees planted in accordance with this chapter shall be planted
no closer than 25 feet from the curb intersection of any street or
alley, not closer than 35 feet apart, within 10 feet of any fire hydrant,
within 20 feet of streetlights or lamp posts, or within five feet
of any sewer, gas, water, electric line or conduit except as otherwise
permitted by Borough Council.
[Amended 1-6-2003 by Ord. No. 482]
A.
Said owner shall trim the branches of trees covered by this chapter
to maintain a clearance of no less than eight feet above the grade
of the sidewalk and no less than 13 feet from the grade of the street
or alley for the entire distance of the cartway or eight feet outside
the curb, except that Borough Council may designate a higher clearance
where conditions or circumstances warrant.
B.
The Council reserves the right to permit the trimming of shade trees,
at the expense of others, so as not to interfere with the proper lighting
of streets and providing clearance for fire alarm and utility wires,
poles and other structures and appurtenant equipment.[1]
[1]
Editor's Note: Original Section 18, Permit required to plant, trim or replace public shade trees, Section 19, Permit application required; content, and Section 20, Permit issued free of charge; term, all as amended 1-6-2003 by Ord. No. 482, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 1-6-2003 by Ord. No. 482]
No person shall attach any wire, insulator or any other device
for holding such wire, to any public shade tree. All other wires shall
be securely fastened so as not to come in contact with any public
shade tree or any part thereof; nor shall any person direct or allow
their employees to climb any public shade tree without permission
from the Council of the Borough of Kenhorst. The use of implements
with sharp penetrating points is positively prohibited for the purpose
of climbing any public shade tree.[1]
[1]
Editor's Note: Original Section 22, Unlawful to pour deleterious substances on public shade trees, Section 23, Gas company to repair gas leaks, Section 24, Certain guards or devices not to be attached to public shade trees without permission (as amended 1-6-2003 by Ord. No. 482), Section 25, Excavations near public shade trees to be supervised (as amended 1-6-2003 by Ord. No. 482), and Section 26, Public shade trees to be protected from building hazards, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person shall attach any rope, wire, sign, poster, handbill
or other object to any shade tree or guard thereof.
[Amended 1-6-2003 by Ord. No. 482[1]]
It shall further be the duty of the Council of the Borough of
Kenhorst to see to the prompt removal or replacement of any uprooted
trees or broken down limbs and branches by the adjacent property owner.[2]
[2]
Editor's Note: Original Section 29, Council of the Borough of Kenhorst to make annual inspection of shade trees, and Section 30, Enforcement, both as amended 1-6-2003 by Ord. No. 482, which immediately followed this section, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Amended 1-6-2003 by Ord. No. 482[1]]
Any person or persons violating any of the provisions of this chapter shall be punishable as provided in Chapter 1, Article I, Enforcement; General Penalty, of this Code. Each day that a violation continues to exist shall be construed as a separate violation for which a penalty may be assessed. Such penalties for any violation of these regulations and this chapter shall be assessed by the Council upon majority vote. Any penalty so assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected. All penalties or assessments imposed under this article shall be paid to the Borough Treasurer.
