The Commission shall have custody and control of the shade trees
in the municipality and is authorized to:
A. Plant, remove, maintain, and protect shade trees in the tree lawn
and on public property within the municipality upon Borough Council
approval.
B. Recommend to the proper authority the type and kinds of trees to
be planted upon such municipal streets or parts of municipal streets
or in parks as is designated.
C. Assist the properly constituted officials of the municipality, as
well as the municipal governing body and citizens of the municipality,
in the dissemination of news and information regarding the selection,
planting and maintenance of trees within the corporate limits, whether
the same be on private or public property, and to make such recommendations
from time to time to the municipal governing body as to the desirable
legislation concerning the tree program and activities for the municipality.
D. Provide
regular quarterly and special meetings at which the subject of trees,
insofar as it relates to the municipality, may be discussed by the
members of the Commission, officers and personnel of the municipality
and all others interested in the tree program. Meetings will be held
only when tree business is necessary to be conducted. The Commission
may solicit and accept grants and contributions. Funds obtained by
the Commission in the form of grants and contributions shall be placed
in a Memorial Tree Fund or special funds established by the municipality.
Such funds will be deposited and administered as fund accounts of
the municipality under the supervision of the Borough Treasurer.
[Added 6-12-1995 by Ord. No. 3-1994]
A. Enforcement. The Borough Council shall, upon notification by the
Tree Commission, have the power to promulgate and enforce rules, regulations
and specifications concerning the trimming, spraying, removal, planting,
and protection of trees, shrubs, vines, hedges, and other plants upon
the right-of-way of any street, alley, sidewalk or other public place
in the Borough.
B. Violations. Any person who violates any provision of this chapter
or who fails to comply with any notice issued pursuant to provisions
of this chapter, upon being found guilty of violation, shall be subject
to a fine a fine for each separate offense of not more than $600,
plus costs of prosecution, and, in default of payment of such fine
and costs, to undergo imprisonment for not more than 30 days. Each
day during which any violation of the provisions of this chapter occur
or continue shall be a separate offense.
C. Penalties. Upon failure of any owner to comply with the terms of
notices or permits received from the Tree Commission, the Borough
may cause the work to be done by the Borough and levy and collect
the cost 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 Borough Engineer and
filed with the Borough 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.