[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.
