[Adopted 5-12-1970 by Ord. No. 507]
It shall be unlawful for any person to plant,
raise, grow or maintain any tree, shrub or bush in the vicinity of
any of the public sewers of the Borough of Churchill if the roots
of said tree, shrub or bush may enter, clog, damage or destroy said
public sewer.
If it is determined by the Borough of Churchill
that the roots of any tree, shrub or bush are entering, damaging or
destroying any public sewers in the Borough of Churchill, the land
owner upon which said tree, shrub or bush is growing shall be notified,
in writing, to remove the same within a period of 30 days. If the
said land owner, after having been notified to remove the offending
tree, shrub or bush shall fail or refuse to do the same within said
thirty-day period, the Borough of Churchill is authorized to remove
the same and to file a municipal claim against the said land owner
for the costs involved in said removal.
The notice required by the §
286-2 of this chapter shall be served personally upon the owner of the property involved, if such agent has a residence or place of business within the borough. If neither the owner nor the agent thereof can be served within the borough as hereby provided such notice shall be sent to the owner of such property by registered mail, at the last known address thereof.
[Amended 3-10-1998 by Ord. No. 667]
If the owner of the property to whom or to which
a notice to remove on offending trees, bushes or shrubs shall be sent
under the provisions of this chapter, fails to remove the offending
trees, bushes or shrubs within the time limit prescribed by such notice,
he shall be guilty of a violation of this chapter, and, upon conviction,
shall be sentenced to pay a fine not exceeding $600, plus costs of
prosecution, and, in default of payment of said fine and costs, to
imprisonment not to exceed 30 days for each violation of this chapter.
[Adopted 6-10-2019 by Ord. No. 751]
No person, firm or corporation shall plant or allow to grow any trees, shrubs or other vegetation encroaching above or into the traveled portion of any public rights-of-way, streets or highways unless the same shall have an adequate clearance, wet or dry, to permit pedestrian and/or vehicular traffic and unless the trees, shrubs or other vegetation do not obstruct sight lines or otherwise create a hazardous condition. The Borough Manager and/or Borough Council, with consultation from the Tree Committee and the Department of Public Works, if necessary, shall determine any violation of this section and shall notify all responsible parties of the clearance or trimming activities required to abate the violation. Any person, firm, or corporation failing to initiate a process to abate a violation within a reasonable period of time of receiving a notice of violation under this section may be subject to the penalties described in §
286-8 of this Code.
As used in this article, the following terms shall have the
meanings indicated:
COMMITTEE
The duly appointed members of the Tree Committee of the Borough
of Churchill.
PUBLIC RIGHT-OF-WAY
The area of any public street, road, highway or other publicly
held thoroughfare that has been designated by law for public use as
a right-of-way.
STREET
Any public street, avenue, road, drive, circle, square, alley,
way, highway, sidewalk or other public place located in the Borough,
as established within the ordained rights-of-way.
TREE
When used by itself, any woody plant which generally includes
those having a single main stem which grows to a mature height of
over 10 feet planted into any right-of-way, or has at least one-half
of trunk, branches or roots extending into any right-of-way.