[HISTORY: Adopted by the Board of Commissioners
of the Township of Tinicum 5-19-1986 by Ord. No. 594. Amendments noted where
applicable.]
From and after the passage of this chapter,
there is hereby established and created in the Township of Tinicum
a Commission to be known as the "Tinicum Township Shade Tree Commission."
A.
The Commission shall be composed of five members.
There shall be one member selected from each of the Township's five
wards.
B.
In appointing the initial members to the Commission,
the Township Commissioners shall appoint two members for terms of
three years, two members for terms of four years and one member for
a term of five years. On the expiration of the term of any Commission
member, a successor shall be appointed by the Township Commissioners
to serve for a term of five years.
C.
Vacancies in the office of the Shade Tree Commissioner
shall be filled by the Township Commissioners for the unexpired term.
The Commission shall have exclusive custody
and control of the shade trees in the Township of Tinicum and is authorized
to plant, remove, maintain and protect shade trees on the public streets
and highways in the Township.
The Commission may, with the approval of the
Township Commissioners, employ and pay such superintendents, engineers,
foresters, tree wardens or other assistants as the proper performance
of the duties devolving upon it shall require.
The Commission may make, publish and enforce
regulations for the care and protection of the shade trees in the
Township. Such regulations shall become effective when approved by
the Township Commissioners after said regulations have been published
at least twice in not more than two newspapers of general circulation
in the Township.
The Commission shall annually report, in full,
to the Township Commissioners its transactions and expenses for the
last fiscal year of the Township.
Whenever the Commission proposes to plant, transplant
or remove shade trees in any street or highway, notice of the time
and place of the meeting at which such work is to be considered shall
be given in not more than two newspapers of general circulation in
the Township, once a week for two weeks immediately preceding the
time of the meeting. The notice shall specify in detail the streets
or highways or portions thereof upon which trees are proposed to be
so planted, replanted or removed.
The cost of planting, transplanting or removing
any shade trees in the streets or highways of the Township, of the
necessary and suitable guards, curbing or grading for the protection
thereof and of the replacing of any pavement or sidewalk necessarily
disturbed in the execution of such work shall be paid by the owner
of the real estate in front of whose property the work is done. The
amount each owner is to pay shall be ascertained and certified by
the Commission to the Township Commissioners and to the Township Treasurer.
The Commission may, upon 30 days' notice, require
owners of property to cut and remove trees afflicted with the Dutch
Elm or other disease which threatens to injure or destroy shade trees
in the Township, under regulations prescribed by this chapter. Upon
failure of any such owner to comply with such notice, the Township
may cause the work to be done by the Township and levy and collect
the costs thereof from the owner of the property. The cost of such
work shall be a lien upon the premises from the time of the commencement
of the work, which date shall be fixed by the Township Engineer and
shall be filed with the Township Secretary. Any such lien may be collected
by action in assumpsit or by lien filed in the manner provided by
law for the filing and collection of municipal claims.
A.
Upon the filing of the certificate with the Township
Commissioners, the Township Secretary shall cause 30 days' written
notice to be given to the persons against whose property an assessment
has been made. The notice shall state the amount of the assessment
and the time and place of payment, and shall be accompanied by a copy
of the certificate.
B.
The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Township Commissioners, and, if not paid within the time designated
in the notice, a claim may be filed and collected by the Township
in the same manner as municipal claims are filed and collected.
A.
The cost and expense for caring of shade trees after
having been planted, and expense of publishing the notice hereinbefore
provided, shall be paid by the Township.
B.
The needed amount shall each year be certified by
the Shade Tree Commissioners to the Township Commissioners, and shall
be drawn against as required by the Commission, in the same manner
as money appropriated for Township purposes.
C.
The Township Commissioners, instead of levying the
tax authorized under the general tax-levying powers of the First Class Township Code,[1] may provide for the expense of caring for trees already
planted and of publishing the notice, by appropriations equal to the
amount certified to be required by the Shade Tree Commission.
[1]
Editor's Note: See 53 P.S. § 55101 et seq.
The Commission, to the extent as provided by
ordinance of the Township, may assess penalties for the violation
of its regulations and this chapter so far as it relates to shade
trees. Any penalty so assessed shall be a lien upon the real estate
of the offender, and may be collected as municipal claims are collected.
All penalties or assessments imposed under this
chapter shall be paid to the Township Treasurer to be placed to the
credit of the Shade Tree Commission, subject to being drawn upon by
the Commission for the purposes of the preceding sections of this
chapter.
