[HISTORY: Adopted by the Borough Council of the Borough of West Mifflin 3-21-1969 by Ord. No. 660 (Ch. 25, Part 1, of the 1999 Code of Ordinances). Amendments noted where applicable.]
Hereafter, it shall be unlawful to plant, maintain, or permit the growth or existence of poplar trees, willow trees, or any other trees, shrubs, or growing plants at or near any point along the sanitary sewer system of the Borough of West Mifflin, whether on public or private property, including private sanitary sewer lines, whether leading into public sewers or into private septic systems, where the same send or may send roots into, clog, or obstruct any part of the flow of the said sanitary sewer system or private line or in any way interfere with, harm, or destroy the same or any part thereof.
Any person, group, firm, association, corporation, trust, partnership, or other entity who plants, maintains, suffers, or permits the growth or continued existence of such poplar, willow or other trees, shrubs, or plants in violation of § 265-1 hereof shall be given written notice to have the same abated, removed, or destroyed immediately.
[Amended 3-16-1999 by Ord. No. 1094]
Failure or refusal to abate, remove or destroy the subject trees, shrubs, or plants within 72 hours after written notice shall constitute a violation of this chapter, and the party in violation shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
The existence of any tree, shrub, or plant within the territorial limits of this Borough in violation of § 265-1 of this chapter is hereby declared to be a public nuisance.
In addition to the penal provisions set forth herein, the Borough of West Mifflin may, of its own motion, cause the removal of such trees, shrubs, or plants as a nuisance and collect the costs thereof, together with a penalty of 10% of such cost, in the manner provided by law for the collection of municipal claims or by action at law or may seek relief by bill in equity.