[Adopted 7-11-1972 by Ord. No. 798]
No person, firm or corporation owning or occupying any property
within the Municipality of Monroeville shall permit any shrubbery,
bushes, trees, ornamental plants, flowers, evergreens, weeds, wild
plants or grass to grow on such private property at the intersections
of public roads to such a height so as to obstruct the vision of motorists
or pedestrians in their use of such public roads. Use of public roads
shall not include ingress or egress from private driveways.
In the area 10 feet from the edge of the cartway, whether on a public right-of-way or private property, no vegetation in excess of three feet in height shall be permitted so as to obstruct sight distance along the traveled portion of the road or sidewalk to less than 90 feet. In determining whether vegetation is of such a height as to obstruct the vision of motorists or pedestrians, the criteria for sight distances set forth in § 324-17E of Chapter 324, Subdivision of Land,[1] of the Code of the Municipality of Monroeville, shall
be applied; provided, however, that in special cases the Ordinance
Officer may enforce a stricter standard if a safety hazard is found.
A.
With respect to vegetation found to be in violation of this article on private property, it shall be the duty of the Municipal Manager or person designated by him as Ordinance Officer to give notice, by personal service or by United States mail, to the owner or occupant of such private property whereon such vegetation is growing or remaining in violation of this article, directing such person, firm or corporation to remove, trim or cut such vegetation within 10 days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with the notice provided in this section within the period of time stated herein, the Municipal authorities may cause such vegetation to be removed, trimmed or cut at the expense of such person, firm or corporation, as set forth in § 320-10 of this article.
B.
With respect to such vegetation in violation of this article which
is in the public right-of-way, the Municipal authorities may cause
such vegetation to be removed, trimmed or cut even if such vegetation
was planted and maintained by an adjacent property owner or occupant.
Such removal, trimming or cutting of vegetation within the public
right-of-way shall be at the expense of the Municipality; provided,
however, that the Municipality shall not be liable for any claims
or damages in connection with the removal of such vegetation within
the public right-of-way.
[Amended 7-8-1997 by Ord.
No. 2042]
Any person, firm or corporation who or which shall violate or
fail, neglect or refuse to comply with any of the provisions of this
article shall, upon conviction thereof, be sentenced to pay a fine
of not more than $600, and costs of prosecution, and, in default of
payment of such fine and costs, to imprisonment for a period not exceeding
30 days; provided, however, that each day's violation shall constitute
a separate offense and a separate notice to the offender shall not
be necessary in order to constitute an offense.
The actual cost of labor involved for each time the Municipality
shall cause vegetation to be removed, trimmed or cut on private property
shall constitute a Municipal lien, and the owner or occupant, as the
case may be, of the premises shall be billed after the same has been
completed. Should any bill or bills for the removing, trimming or
cutting of vegetation be unpaid after 30 days from the issuance of
the bill, the Municipal Solicitor is hereby authorized and directed
to institute such proceedings, in the name of the Municipality of
Monroeville, in any court having jurisdiction over such matter for
the collection of such bill, including actions at law or the filing
of a Municipal lien against the property. A penalty of 10% per annum
shall be added to claims which remain unpaid.
