Township of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Ord. 2017-9, 10/11/2017]
The Board of Supervisors shall be vested hereafter with the authority to declare, after due investigation, as a hazardous or dangerous condition to the use of any public road or street of the Township, or the impairment of the use or maintenance of the public road or street, any tree, shrub, brush, and vegetation growing or being within the right-of-way of any Township road or street. Such declaration by the Board of Supervisors must be based upon clear evidence that such tree, shrub, brush, and vegetation, or any part thereof, growing or being in the right-of-way of the public way constitutes a menace to public travel or, by reason of any cause whatever, may become an imminent source of danger to the public.
[Ord. 2017-9, 10/11/2017]
The Township Manager shall give written notice, delivered by the United States Postal Service, certified mail, postage prepaid, return receipt requested, to the owner of the property abutting any Township road or street on which any tree, shrub, brush, and vegetation is growing or exists within the right-of-way of a Township road or street and which the Board of Supervisors has found to constitute a hazardous or dangerous condition to the use of the Township road or street or which impairs the use or maintenance of the public road or street, that the property owner must remove the tree, shrub, brush, and vegetation constituting such menace to public travel, or which is a source of danger to the public or causes an impairment to the use or maintenance of the public road or street, and it must be removed by the owner of abutting property from said right-of-way or the public way to the satisfaction of the Board of Supervisors, or its designees, at the sole expense of the abutting property owner within 30 days from the receipt of such notice. Upon the failure of the abutting property owner to remove the dangerous tree, shrub, brush, and vegetation within the time designated in such written notice, the Township may contract with a private tree or shrub removal company, as an independent contractor, for the removal by it of the dangerous tree, shrub, brush, and vegetation condition within its public road right-of-way. In such case, the Township may commence civil legal proceedings for the collection from the abutting property owner of all lawful costs for the removal of the tree, shrub, brush, and vegetation, or the Township may impose upon the property of the abutting property owner a municipal claim and lien for all costs incurred by the Township in the removal of the dangerous tree, shrub, brush, and vegetation from the Township road right-of-way, pursuant to the Municipal Claims and Tax Lien Act, Act of May 16, 1923, P.L. 207, No. 24, as amended and supplemented, 53 P.S. § 7101 et seq.
[Ord. 2017-9, 10/11/2017]
All property rights vested by existing Pennsylvania law in the abutting property owner for all logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of any tree growing along the public road or street and constituting a public nuisance to public travel or the public street or an impairment to the use or maintenance of the public way shall remain so vested in the abutting property owner, pursuant to Article XXIII, Chapter 141, of the Second Class Township Code of the Commonwealth of Pennsylvania, Section 67325(b).
[Ord. 2017-9, 10/11/2017]
1. 
A violation of any provision of this Part shall constitute a summary offense and shall be enforced by the commencement of an action before a District Justice by the Kingston Township Police Department or other authorized representative of the Township of Kingston in the manner provided for enforcement of summary offenses under the applicable provisions of the Pennsylvania Rules of Criminal Procedure and the Second Class Township Code, 53 P.S. § 66601(c.1)(2), or any amendment thereof. If so designated by the Board of Supervisors, the Solicitor of the Township of Kingston may assume charge of the prosecution of such violation(s) in a manner consistent with the Pennsylvania Rules of Criminal Procedure relating to trial of summary cases, as the same may be amended from time to time.
2. 
Any person who shall be found to have violated any provision of this Part shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and all costs of prosecution. Each day that a violation of this Part continues shall constitute a separate offense.
3. 
In addition to all other remedies provided herein for violations of this Part, the Township of Kingston shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order, or other appropriate remedy to compel compliance with the provisions of this Part. The remedies provided herein for the enforcement of this Part, or any remedy provided by law, shall not be deemed mutually exclusive; rather, they may be employed simultaneously or consecutively, at the option of the Board of Supervisors.
[Ord. 2017-9, 10/11/2017]
The provisions of this Part of the Township of Kingston Code of Ordinances, so far as they are the same as those ordinances and regulations in force immediately prior to the adoption of this Part, are intended as a continuation of such ordinances and regulations and not as a new enactment. The provisions of this Part shall not affect any suit or prosecution pending or to be instituted to enforce any of the prior ordinances or regulations except as provided by law.
[Ord. 2017-9, 10/11/2017]
It is hereby declared to be the intention of the Board of Supervisors of the Township of Kingston that if any chapters, parts, sections, paragraphs, sentences, clauses or phrase(s) of this Part are declared unconstitutional, illegal or otherwise invalid by the judgment or decree of a court of competent jurisdiction, such invalidity shall not affect any of the remaining chapters, parts, sections, paragraphs, sentences, clauses or phrases of this Part or the codification of the ordinances of the Township of Kingston.