[HISTORY: Adopted by the Borough Council of the Borough of Tyrone as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-2-2006 by Ord. No. 1246]
As used in this article, the following terms shall have the meanings indicated:
- Includes any natural person, partnership, association, firm or corporation.
The singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine and the neuter.
Every owner of property in the Borough shall be required to keep the limbs and branches of all trees growing upon such property or along the Borough right-of-way, street, sidewalk, curb or alley abutting upon such property trimmed so that no part of such limbs or branches or of the foliage growing thereupon shall have a clearance of less than eight feet above the surface of the sidewalk or of less than 14 feet above the surface of the roadway of any street or alley below such limbs or branches.
No branches or foliage may extend from the trunk of any tree over any street (curb to curb), alley, or any Borough right-of-way a distance of 1/2 the width of said street, alley or right-of-way. In the event the person who or which is responsible for the tree in violation of this article believes that said tree is not a danger to the public, then said owner may employ, at the sole cost and expense of such owner, a certified arborist approved in advance by the Borough to evaluate the tree. In the event such approved certified arborist is consulted, the owner shall submit a written report to the Borough from the certified arborist that shall set forth, in detail, the action to be taken regarding such tree, which action the said owner, at said owner's sole cost and expense, shall have completed within 30 days from the date of notice to the owner from the Borough that the said tree is in violation of this article. Every written report prepared by an approved certified arborist and submitted to the Borough shall contain a recommendation as to how often the tree in violation of this article must be revaluated, and the owner of such tree shall be responsible for having such evaluations completed following the procedure hereinabove set forth in this § 183-2B.
It shall be the responsibility of the owners of real estate in the Borough to conform to the requirements of this article as to trees upon real estate owned by them or along streets, alleys and sidewalks abutting upon such real estate, and, upon notice from the Borough Council, to remove any tree or trees growing in violation of the restrictions above, and to trim or cut the branches or limbs of trees as required above. Any person failing to comply with any such notice, within the time limit stated therein, shall be guilty of a violation of this article and, following the expiration of such time limit, the Borough Council shall have the authority to cause the work required by such notice to be done by the Borough or under contract therewith, and to collect the cost of such work, with an additional amount of 10%, from such property owner in default.
Any person who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $100 and not more than $300 and costs of prosecution, or in default thereof, to undergo imprisonment for a term not to exceed 30 days.