[HISTORY: Adopted by the Board of Supervisors
of the Township of Westtown as indicated in article histories. Amendments
noted where applicable.]
[Adopted 9-2-2008 by Ord. No. 2008-2]
It is hereby declared that obstruction of the
public rights-of-way of the Township by trees and parts thereof falling
and encroaching into said rights-of-way from private property located
outside said rights-of-way poses a substantial and imminent threat
to the health, safety and welfare of the Township, its inhabitants
and persons using the public rights-of-way of the Township.
Under the authority of the Pennsylvania Second
Class Township Code, 53 P.S. § 65101 et seq., including
§§ 66506, 67325, 67326 and 67907 thereof, the Township
shall have exclusive custody and control of those trees or parts thereof
that are located within the area of any Township street right-of-way
and/or Township-owned property and is authorized to plant, remove
and protect such trees.
In furtherance of the protection of the Township,
its inhabitants and persons using the public rights-of-way of the
Township, any owner of property located outside said rights-of-way
shall be responsible for the immediate clearing and removal of any
tree or parts thereof if the condition of the tree or parts thereof,
through disease or otherwise, unreasonably affects or interferes with
the health, safety or welfare of the public or the right of the public
to the unobstructed use of public roads or property.
A.
If within 30 days after the date of notice by certified
mail, return receipt requested, to remove the trees or parts thereof
the property owner has not complied with that order, the Board of
Supervisors or Township Manager may direct the appropriate Township
personnel or authorized Township contractor to enter the premises
and remove the trees or parts thereof.
B.
Notwithstanding any other provisions of this chapter,
the Township shall have the right, without prior notice to any property
owner, to perform any act/acts necessary to abate clear, present and
immediate threats to the public health, safety or welfare caused by
the condition of trees or parts thereof that are located on private
property outside of the right-of-way of any Township street.
In the event of Township action as described in § 158-4 above, the cost incurred by the Township pursuant thereto shall be collected by the Township Treasurer by the assessment of such costs against the responsible property owner as provided by 53 P.S. § 68302, including the filing of a municipal lien, if necessary.
Any person who violates or permits the violation
of any provision of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding commenced by the Township before
a District Justice, pay a fine for each such violation in an amount
not less than $100 and not more than $600, plus all court costs, including
reasonable attorneys' fees, incurred by the Township. No judgment
shall be imposed until the date of the determination of a violation
by the District Justice. If the defendant neither pays nor timely
appeals the judgment, the Township may enforce the judgment pursuant
to the applicable rules of civil procedure.
