[Adopted 9-8-1998 by Ord. No. 98-1]
Unless the context specifically and clearly indicates otherwise,
the meanings of terms used in this article shall be as follows:
Any tree or portion thereof which is less than eight feet
above the sidewalk, a plant, shrub or similar obstruction or any man-made
object which is placed or encroaches on public sidewalks or curbs.
"Sidewalk encroachment" shall not include trash containers or recyclable
containers placed on a curb for collection.
Any tree or portion thereof which is less than 14 feet above
the street, which is placed or encroaches on public streets.
Sidewalk encroachment shall be prohibited in the Borough of
Penndel. All trees shall be kept trimmed so that the minimum clearance
where they overhang any public walk shall be eight feet and the minimum
clearance where they overhang or project into any public street or
highway right-of-way shall be 14 feet. However, the Borough of Penndel
is hereby given the right to designate a higher clearance on certain
streets where heavy traffic or other conditions make it expedient.
All trees, plants or shrubs standing on private property and having
branches projecting into or over a public highway or right-of-way
shall be kept trimmed by the owner of such private property so that
no portion thereof shall extend into or over a sidewalk or right-of-way
below the minimum clearance, specified above, or such other clearance
as may be specified by the Borough of Penndel. In case the owner of
such property shall neglect or refuse to trim such trees, plants or
shrubs upon being notified in writing by the Borough to do so, the
Borough may, after the expiration of the date specified in said notice,
cause such trimming to be done at the expense of the owner, and the
entire cost thereof shall be a lien upon said premises and shall be
filed and collected by the Borough of Penndel in the manner municipal
claims are filed and collected.
Upon investigation and determination by the Borough Code Enforcement
Officer that a sidewalk encroachment or street encroachment exists,
the Borough shall notify the owner of the property that a sidewalk
or street encroachment does exist and order that the sidewalk or street
encroachment be removed immediately.
[Amended 5-7-2012 by Ord.
No. 2012-4]
The failure of an owner to remove a sidewalk encroachment or street encroachment within 10 days after receipt of notice pursuant to § 350-30 above shall be a summary offense punishable by a fine of $50. Each and every day that a violation of this article exists shall constitute a separate offense.
