[HISTORY: Adopted by the Board of Commissioners
of the Township of Lower Allen 6-10-1985 as Art. 917 of the 1985 Code
of Ordinances. Amendments noted where applicable.]
For the purpose of this chapter, the following
words shall have the meanings 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.
The Township of Lower Allen, Cumberland County, Pennsylvania.
[Amended 11-10-1997 by Ord. No. 97-16; 12-28-2000 by Ord. No. 2000-10]
Any person owning or occupying any property
within the Township abutting on any street or highway where there
exists any trees, shrubbery, bushes or other type of plant life or
growth in proximity to any street or sidewalk shall trim such trees,
shrubbery, bushes or other type of plant life or growth on the property
and in the street right-of-way along such property, so that no part
thereof is less than 14 feet over any street or less than eight feet
over any sidewalk. No person shall permit any trees, shrubbery, bushes
or other type of plant life or growth to otherwise obstruct, impede
or interfere with traffic or travel on or using such streets or sidewalks.[1]
The owner of any vacant premises, or any owner
or occupant of an occupied premises, shall trim, cut or remove all
trees, shrubbery, bushes or any other type of plant life or growth
growing or remaining upon such premises in violation of the provisions
of this chapter.
[Amended 12-28-2000 by Ord. No. 2000-10]
The Board of Commissioners, 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 by mail, to the owner or occupant, as the case may be, of any premises
whereon there is a violation of the provisions of this chapter directing
and requiring such owner or occupant to trim, cut or remove such trees,
shrubbery, bushes or any other type of plant life or growth so as
to conform to the requirements of this chapter, within 30 days after
issuance of such notice.
[Amended 12-28-2000 by Ord. No. 2000-10]
In case any person neglects, fails or refuses
to comply with such notice within 30 days, the Township authorities
may trim, cut or remove such trees, shrubbery, bushes or any other
type of plant life or 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.
[Amended 11-10-1997 by Ord. No. 97-16; at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys' fees incurred by the Township
in the enforcement proceedings. Upon judgment against any person by
summary conviction, or by proceedings by summons on default of the
payment of the fine or penalty imposed and the costs, the defendant
may be sentenced to imprisonment for a term not exceeding 90 days.
Each day that such violation exists shall constitute a separate offense,
and each section of this chapter that is violated shall also constitute
a separate offense. In addition to or in lieu of enforcement under
this section, the Township may enforce this chapter in equity in the
Court of Common Pleas of Cumberland County.
