[Ord. 511, 9/10/1984, § 1]
From and after the enactment of this Part it shall be unlawful for any person, firm, corporation, municipal organization or quasi-municipal organization to place, raise, plant or grow any poplar tree or willow tree, whether on private or public lands, within 125 feet of any public sewer located within the Borough.
[Ord. 511, 9/10/1984, § 2]
Any poplar tree or willow tree existing within the Borough before the enactment of this Part or which is planted after the effective date of this Part at a distance greater than 125 feet from any public sewer located within the Borough or any other tree, shrub or bush whether on private lands or public lands, which shall constitute a danger to any public sewer located within the Borough is hereby declared to be a nuisance.
[Ord. 511, 9/10/1984, § 3]
The Borough Council, or any officer of the Borough designated for the purpose, after due investigation by the Borough Engineer, may determine to be a nuisance any poplar tree, willow tree or other shrub or bush existing within the Borough whether on public lands or private lands, where in the opinion of the Borough Engineer such tree, shrub or bush presents a danger to any public sewer located within the Borough.
[Ord. 511, 9/10/1984, § 4]
Any poplar tree, willow tree or other tree, shrub or bush within the Borough and which is determined to be a nuisance as provided in § 25-103 hereof shall be removed by the owner thereof within 20 days after receipt of written notice from the Borough Secretary as hereinafter provided.
[Ord. 511, 9/10/1984, § 5]
Any poplar tree, willow tree or other tree, shrub or bush existing on private lands within the Borough which is determined to be a nuisance as hereinbefore provided and which is not removed by the owner of said land within 20 days after receipt of notice from the Borough Council or its designated officer or within 20 days after an appeal is dismissed by the Borough Council as herein provided may be removed by the Borough, and the costs and expenses of such removal shall be paid by and collected from the owner of such land as like debts are collected by law.
[Ord. 511, 9/10/1984, § 6]
Borough Council or any officer of the Borough designated for the purpose, upon determining that any poplar tree, willow tree or other tree, shrub or bush existing on private lands is a nuisance, shall forthwith, in writing and served personally or by registered or certified mail, notify the owner of said land of such determination, said notice to contain a designation of the trees or other vegetation determined to be a nuisance and that said owner has 20 days from the receipt of said notice to remove said nuisance.
[Ord. 511, 9/10/1984, § 7]
Any person aggrieved by any determination of Borough Council or its designated officer under this Part may, in writing served upon the Borough Secretary personally or by registered or certified mail within 10 days of the receipt of notice from Borough Council, or its designated officer where applicable, appeal said determination to the Borough Council.
[Ord. 511, 9/10/1984, § 8]
When any affected person appeals from any determination of the Borough Council or its designated officer under this Part as hereinbefore provided, the Borough Council shall, within 10 days of the receipt of the notice of the appeal by the Borough Secretary, meet and hear arguments and testimony and after full hearing, sustain or reverse the determination. The decision of the Borough Council will be final in all cases.
[Ord. 511, 9/10/1984, § 9]
The Borough Secretary shall give any person appealing to the Borough Council under the provisions of § 25-107, hereof, at least five days written notice of the date and time of the meeting of the Borough Council at which the appeal shall be heard.
[Ord. 511, 9/10/1984, § 10; as amended by Ord. 685, 5/11/1998; and by Ord. 844, 9/8/2014]
Any person, firm or corporation violating the provisions of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days; provided that each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute an offense. In the event that such claims for fines and penalties exceed the monetary jurisdiction of a Magisterial District Judge as set forth in the Pennsylvania Judicial Code (relating to jurisdiction and venue), exclusive of interest, costs or other fees, the Borough may bring such action in the Court of Common Pleas or may, pursuant to the Pennsylvania Judicial Code, waive that portion of fines or penalties that exceeds the monetary jurisdictional limits so as to bring the matter within the monetary jurisdiction of the Magisterial District Judge.