[HISTORY: Adopted by the Board of Supervisors of the Township of
Warwick as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-19-1997 by Ord. No. 178]
The purpose of this article is to provide for the removal of conditions
caused by trees and shrubs which create nuisance conditions which endanger
the health, safety or welfare of the residents of Warwick Township and of
persons traveling on Township streets and sidewalks. This article is enacted
in accordance with the provisions of the Second Class Township Code.
Trees and shrubs, or portions thereof, including root systems, which
create the following conditions are hereby declared to be dangerous to the
health, safety and welfare of the residents of the Township and to public
and private property and as such to constitute a nuisance:
A.
Trees or shrubs, or portions thereof, which by reason
of age, disease or weakness appear in imminent danger of falling onto a sidewalk,
street or adjoining property.
B.
Trees or shrubs, or portions thereof, which obstruct
traffic, whether vehicular or pedestrian, traveling upon public rights-of-way,
including sidewalks. For the purposes of this subsection, any tree or shrub
which has branches which extend over a sidewalk less than seven feet above
grade or any tree or shrub which has branches which extend over a street less
than 18 feet above grade shall be presumed to be a nuisance.
C.
Trees or shrubs, or portions thereof, which obstruct
the view of motorists or pedestrians traveling in public rights-of-way so
that the safe operation of vehicles or the safe passage of pedestrians is
endangered. For the purposes of this subsection, trees or shrubs which are
located within clear sight triangles on recorded subdivision and/or land development
plans and which obstruct the clear sight triangle shall be deemed to be nuisances.
D.
Root systems of trees or shrubs which grow or decay in
a manner that results in bumps, ridges, depressions, soft spots or other holes
or unevenness in public sidewalks or rights-of-way.
The Chief of Police and/or Township Manager shall determine from time to time if conditions described in § 300-2 of this article exist upon any property. Upon the determination that a nuisance condition exists upon a property, the Chief of Police or Township Manager shall give the owner of the property on which the nuisance condition exists written notice containing a description of the nuisance condition and the remedial action which the Township deems necessary to correct the condition. The owner shall act to correct the condition within the time set forth in the notice.
Where an owner of property fails to correct the condition within the
time prescribed, the Township Manager shall report the nuisance condition
and the owner's failure to correct it to the Board of Supervisors. The Board
of Supervisors may authorize the Manager to take action necessary to abate
the nuisance condition. The actual cost of abatement of the nuisance condition
plus a penalty of 10% of the cost to abate the nuisance condition, or the
sum of $30, whichever is greater, shall be billed to the owner of the property
upon which the nuisance condition exists. If the owner refuses to pay such
bill within 30 days, the Township may collect such sum by an action at law
or the filing of a municipal claim or any other action authorized by applicable
law.
An owner who has receive notice that a nuisance condition exists upon
his property shall have the right to appeal such determination to the Board
of Supervisors. All appeals from a determination that a nuisance condition
exists on property shall be made in writing within 10 days of the date of
the notification. The Board of Supervisors shall consider such appeals in
accordance with the provisions of the Local Agency Law, 2 Pa.C.S.A. § 551
et seq.
The provisions of this article shall apply to trees and shrubs growing
or which grew on private property in such proximity to the public right-of-way
that the conditions herein described exist and to trees and shrubs which grow
or grew within the public right-of-way abutting a property.
For each violation of the provisions of this article, the owner, agent,
lessee or contractor or any other person who commits, takes part in or assists
in any such violation shall be liable upon conviction thereof in a summary
proceeding to pay a fine of not less than $200 nor more than $1,000 for each
offense, together with the costs of prosecution. Each day or portion thereof
in which a violation exists shall be considered a separate violation of this
article, and each section of this article which is violated shall be considered
a separate violation. In default of payment of such fine, such person shall
be liable to imprisonment for a period not exceeding 30 days.
If the property is owned by more than one person, each owner shall severally
be subject to prosecution for the violation of this article.
The remedies provided herein for the enforcement of this article, or
any remedy provided by law, shall not be deemed mutually exclusive; rather
they may be employed simultaneously or consecutively.
