[Ord. 1911, 7/27/2004]
This Part 2 shall apply to any trees planted within the right-of-way
of any public street, lane, alley or highway within the Township.
[Ord. 1911, 7/27/2004]
As used in this part, the following terms shall have the meanings
indicated:
The owners of real estate directly abutting that portion
of the right-of-way for a public street, lane, alley or highway within
the Township, within which diseased trees are located.
[Ord. 1911, 7/27/2004]
Owners of property shall permit Township officials to enter
their property for the purpose of inspecting and making tests of trees
for the purposes of this Part 2. In the event the property owner has
any question concerning the identity of the individual who desires
to make such an inspection, the property owner may request a written
statement of authority from the Township. The Township may consult
with and retain experts as needed with respect to any tree.
[Ord. 1911, 7/27/2004]
The Township is entitled to require the removal of a diseased
tree in accordance with the provisions of this Part 2 whenever necessary
to protect persons, property or other trees. The Township shall give
the owner of the property a written notice to cut and remove the tree
or trees so concerned if the Township determines that removal is required.
[Ord. 1911, 7/27/2004]
If the owner of the property objects to the tree being removed,
the property owner shall file his or her objections in writing with
the Township Secretary, within 20 days from the date of the written
tree removal notice issued by the Township. Failure to so object shall
be a waiver of any objection. The written objections shall specify
whether the objector (1) contests the Township's determination
that the tree is diseased; (2) contests the need to remove the tree;
or (3) contests being responsible for the cost of removal.
[Ord. 1911, 7/27/2004]
If written objections are timely filed to a removal notice,
the Township shall hold a Local Agency Law hearing, at which the objector,
Township and any parties affected may participate. The hearing may
be held by the Board of Commissioners or by a hearing officer assigned
by the Board of Commissioners. A hearing officer shall report the
hearing record and a recommendation to the Board of Commissioners.
The final adjudication shall be made by the Board of Commissioners.
[Ord. 1911, 7/27/2004]
The owner of the property shall be responsible for the work
of removal of any trees pursuant to an order issued under § 104
of this Part and for replacing any pavement or sidewalk disturbed
in the execution of such work.
[Ord. 1911, 7/27/2004]
Upon failure of the property owner to carry out the work of
tree removal as directed by the Township, or the repair of any pavement
or sidewalk disturbed in the course of tree removal, the Township
may cause the work to be done, by Township forces or by outside contractors,
and may levy and collect the cost thereof from the owner of the property.
[Ord. 1911, 7/27/2004]
The cost of such work done pursuant to § 208 shall
be a lien upon the property from the time of 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 filed and collected
by the Township in the manner provided by law for the collection of
municipal claims, or may be collected by action in assumpsit.
[Ord. 1911, 7/27/2004]
Any lien against such property for the expense incurred by the
Township to perform the work shall include 6% interest per annum plus
penalty of 5% of the amount due, which lien shall remain in effect
until payment in full or sale of the property occurs, which lien shall
also include all Township legal fees and costs incurred in connection
with such lien to the fullest extent allowed by law.
