[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-1964 by Ord. No. 73]
[Amended 9-28-1973 by Ord. No. 92]
A.
It shall be unlawful for any property owner or other person of the
Borough of Mount Gretna, having trees growing upon his or her property,
to permit the limbs or branches to overhang the paved streets or alleys
of the Borough at a distance not less than 14 feet above the surface
of the street or alley.
B.
No person shall cut, break, injure, deface, or mutilate in any manner
any trees, shrubs, plants, foliage, turf, grass, or the like on any
of the streets, sidewalks, highways, avenues, alleys, commons, parks
or public places in the Borough of Mount Gretna.
It shall be unlawful for any property owner of the Borough of
Mount Gretna, having bushes and shrubbery growing upon his or her
property, to permit said bushes or shrubbery to extend into said street
or alley beyond the curb of gutter line of said property.
It shall be unlawful for any property owner of the Borough of
Mount Gretna to permit any dead trees or dead branches to remain on
trees on his or her property in said Borough of Mount Gretna without
removing the same.
The Borough Council, or any officer or employee of the Borough
designated thereby for the purpose, is hereby authorized to give notice,
by personal service or by United States mail, to the owner or occupant,
as the case may be, of any premises whereon trees or other vegetation
is growing or remaining in violation of the provisions of this article,
directing and requiring such occupant to remove, trim or cut such
trees or vegetation, so as to conform to the requirements of this
article, within 15 days after issuance of such notice. In case any
person, firm or corporation shall neglect, fail or refuse to comply
with such notice within the period of time stated therein, the Borough
authorities may remove, trim or cut such trees or vegetation and the
cost thereof, together with any additional penalty authorized by the
law, may be collected by the Borough from such person, firm or corporation,
in the manner provided by law.
Any person violating any of the provisions of this article,
either by commission or omission, after due notice of 15 days, shall,
upon being found liable therefor in a civil enforcement proceeding
commenced by the Borough before a Magisterial District Judge, pay
a fine of not less than $5 nor more than $600, plus all court costs,
including reasonable attorney's fees, incurred by the Borough in the
enforcement of this article. No judgment shall be imposed until the
date of the determination of the violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Borough may enforce the judgment pursuant to the applicable Rules
of Civil Procedure. Each day a violation exists shall constitute a
separate offense. Further, the appropriate officers or agents of the
Borough are hereby authorized to seek equitable relief, including
injunction, to enforce compliance herewith.
[Adopted 3-14-1983 by Ord. No. 125]
No railroad or street railway shall hereafter be constructed
upon any Borough road, nor shall any railroad or street railway crossings,
nor any gas pipe, electric conduits or other piping, be laid upon
or in, nor shall any telephone, telegraph, cable TV or electric light
or power poles or any coal tipples or any other obstructions be erected
upon or in, any portion of a Borough road except under such conditions,
restrictions and regulations relating to the installation and maintenance
thereof, as may be prescribed in permits granted by the Borough for
such purpose.
The application for a permit shall be on a form prescribed by
the Borough and submitted to the Borough in triplicate. The application
shall be accompanied by a fee in accordance with the Schedule of Fees
set forth by the Department of Transportation for highway occupancy
permits and restoration charges. In addition, the applicant shall
submit three copies of a sketch showing such dimensions as the location
of the intended facility, width of the traveled roadway, right-of-way
lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned
requirements have been filed.
Upon completion of the work, the applicant shall give written
notice thereof to the Borough.
Upon completion of the work authorized by the permit, the Borough
shall inspect the work and, when necessary, enforce compliance with
the conditions, restrictions and regulations prescribed by the permit.
Where any settlement or defect in the work occurs, if the applicant
shall fail to rectify any such settlement or other defect within 60
days after written notice from the Borough to do so, the Borough may
do the work and shall impose upon the applicant the cost thereof,
together with an additional 20% of such cost.
A.
All construction
material, dumpsters, and/or porta potties are prohibited upon the
public streets and rights-of-way of the Borough of Mount Gretna from
the Thursday before Memorial Day and extending until Wednesday following
Labor Day each and every year.
B.
All construction
material, dumpsters, and/or porta potties shall not remain upon the
streets and rights-of-way of Mount Gretna Borough 60 days after the
issuance of a building permit.
C.
During
ice or snow storms and/or emergencies, the Mayor of the Borough of
Mount Gretna, and/or the Director of Public Works for the Borough
of Mount Gretna, or his/her authorized agent, is hereby authorized
to direct the removal of any construction materials, dumpsters, and/or
porta potties from the streets of the Borough of Mount Gretna during
said ice or snow storm or emergency.
D.
If any
construction material, dumpsters, and/or porta potties remain upon
the streets and rights-of-way of Mount Gretna Borough as set forth
herein, the Director of Public Works, or his/her authorized agent,
is hereby authorized to remove or have removed said construction material,
dumpsters, and/or porta potties, and the cost of the removal of the
same shall be paid by the owners of the property using said facility.
[Amended 7-8-2013 by Ord. No. 191]
Any person, firm, corporation or utility which shall violate
any of the provisions of this article shall, upon being found liable
therefor in a civil enforcement proceeding commenced by the Borough
before a Magisterial District Judge, pay a fine of not more than $600,
plus all court costs, including reasonable attorney's fees, incurred
by the Borough in the enforcement of this article. No judgment shall
be imposed until the date of the determination of the violation by
the Magisterial District Judge. If the defendant neither pays nor
timely appeals the judgment, the Borough may enforce the judgment
pursuant to the applicable Rules of Civil Procedure. Each day a violation
exists shall constitute a separate offense. Further, the appropriate
officers or agents of the Borough are hereby authorized to seek equitable
relief, including injunction, to enforce compliance herewith.
