It shall be the duty of the owner, tenant or
person in possession of any lands in the Township to:
A. Maintain and keep living trees in the road right-of-way
of any road in the Township in a manner so as to keep the right-of-way
safe to preserve the public health, safety and general welfare and
to remove dead or dying trees and/or branches.
B. Maintain and keep the right-of-way free of garbage,
trash and other debris for the purpose of preserving the public health,
safety and general welfare of the public.
C. No structures, fences or obstructions shall be placed
in the road right-of-way. No shrubbery or trees will be placed within
the road tight-of-way that will interfere with the sight distance
from any property.
[Added 7-1-2003]
D. Existing trees and shrubbery shall be maintained so
as not to interfere with the sight distance from any property and
to keep the right-of-way safe to preserve the public health, safety
and general welfare.
[Added 7-1-2003]
If any condition exists that violates this article,
the Township Zoning Officer shall notify the owner, tenant or other
person in possession of the property of such condition or conditions,
in writing, by regular mail or personal delivery. The owner, tenant
or person in possession of the property shall have 14 days from the
date of such written notice to correct the condition or conditions
so noticed. The Zoning Officer shall reinspect the lands in question
after the fourteen-day period has expired to determine if the condition
or conditions have been abated or remedied.
If the owner, tenant or person in possession
of the lands in question fails to abate or remediate the condition
or conditions noticed by the Zoning Officer within 14 days of the
notice, the following shall occur:
A. A complaint shall be issued by the Zoning Officer
for the violation or violations of this article, which complaint shall
be brought before the Municipal Court of the Township of Chester.
B. If it is necessary to preserve the public health,
safety or general welfare of the Township, the Zoning Officer shall
cause the condition or conditions complained about to be abated or
remedied and shall certify the cost of abatement or remediation to
the Council of the Township of Chester. The amount of such abatement
or remediation shall be paid by the owner, tenant or person in possession
within 10 days of the date of the mailing by which the invoice is
sent to the aforesaid person.
C. If the said invoice is not so paid, the amount so
charged shall be added to and become a part of the taxes next to be
assessed upon the lands in question and shall bear interest at the
same rate as municipal real estate taxes, and shall be collected and
enforced by the same officer and in the same manner as delinquent
taxes.
[Amended 6-2-1997]
For each day the condition or conditions complained
of continue to exist after the fourteen-day period has expired, the
tenant, owner or person in possession shall be subject to one or more
of the following: a fine of not less than $100 nor more than $1,000,
imprisonment for a period not to exceed 90 days or a period of community
service not to exceed 90 days for each and every day the condition
or conditions exist.