Borough of Jefferson, PA Trees and Vegetation

Includes any natural person, partnership, association, firm, corporation or company who or which owns or occupies land in Jefferson Borough. The singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and the neuter.

§ 171-3 Background and purpose.

Trees, shrubs, hedges, other vegetation, and obstructions growing or existing within or near the public right-of-way of any Jefferson Borough road or street may constitute a hazardous or dangerous condition to the use of the highways, impair the use or maintenance of the public road or street, and constitute nuisances. Such hazards may cause damage to persons or property and, accordingly, are detrimental to the health, safety, and welfare of the residents of Jefferson Borough and other persons traveling within Jefferson Borough.

The purpose of this chapter is to promote public health, safety, and welfare by:

(1)

Making it unlawful to permit certain trees, shrubs, hedges, other vegetation, and obstructions to grow or to exist within or near the public right-of-way as set forth hereinbelow; and

(2)

Authorizing Jefferson Borough to remedy such conditions.

§ 171-4 Restrictions on planting and growing certain trees.

It shall be unlawful for any person to plant, maintain or allow to grow any Carolina poplar or willow within the lines of any street, alley or sidewalk in the Borough or within 100 feet of any public sewer or water line.

§ 171-5 Clearance of right-of-way.

It shall be the duty of persons in Jefferson Borough, York County, Pennsylvania, to do the following:

To keep all trees on or in front of their property, with branches extending over the cartway of any public road, street or alley, trimmed or cut and kept trimmed or cut, such branches and limbs thereof so extending so as to maintain a clearance of at least 14 feet above the roadway of any street or alley and eight feet above any sidewalk; and

To keep all trees, shrubs, hedges, and other vegetation within the public right-of-way, trimmed or cut and kept trimmed or cut, or so as not to obstruct the vision of motorists or interfere in any manner with the public or governmental use of any public street or right-of-way appurtenant thereto; and

To remove all obstructions of any type, including but not limited to rocks, stumps, ornaments, decorations or other things placed within the right-of way of any street or alley.

§ 171-6 Removal of dead or dying trees or other plant life.

It shall be the responsibility of all persons to remove from their property any trees, shrubs or hedges or other vegetation that are dead or dying, which are located within the right-of-way of any public road or street or have branches or limbs of said dead of dying trees extending over the cartway of any public road or street or sidewalk. The presence of dead or dying trees, shrubs, hedges or other vegetation is deemed to be a safety hazard and, therefore, detrimental to the health, safety, and welfare of those residents or persons utilizing said streets, roads or sidewalks.

§ 171-7 Trimming or removal of trees and plants.

The Jefferson Borough Council, the Jefferson Borough Zoning Officer, or any other individual designated on behalf of Jefferson is hereby authorized to give notice by personal service or by United States mail to the person that is in violation of any provision of this chapter. Said notice shall describe with particularity the violation of this chapter and direct the person to correct or conform to the requirements of this chapter within 15 days after the service of said notice by personal service or the mailing of said notice by United States mail.

In the event that the person shall neglect, fail, or refuse to comply fully and completely with such notice within the period of time stated therein, Jefferson Borough, or its employees, agents or contractors, may trim such trees, branches, shrubs, hedges or other vegetation, or remove any obstructions, at their sole and exclusive discretion. The costs thereof, together with any additional penalties authorized by law plus 10%, may be collected from the person by filing a municipal claim or proceeding in any other manner provided by law and shall be a lien upon the person's property from the time of such cutting, trimming, removal and/or alterations.

Jefferson Borough, or its employees, agents or contractors, shall not, under any circumstances, be liable to the person for the value of the items so removed or be liable to the person for any damage caused to other portions of the property when completing the work required under this chapter and may dispose of any items removed at its sole and exclusive discretion.

§ 171-8 Violations and penalties.

Any person violating the provisions of this chapter shall be guilty of a summary offense and shall, upon conviction thereof in a summary proceeding, commence to pay a fine of not less than $100 nor more than $300, plus all costs of prosecution, including, but not limited to, attorneys' fees, and in default of payment thereof, shall be imprisoned for a period not to exceed 30 days. Each day that any violation of this chapter continues shall constitute a separate violation of this chapter and shall subject the person to additional penalties for such days.

§ 171-9 Enforcement.

The provisions of this chapter shall be enforced by the Jefferson Borough Zoning Officer, any Jefferson Borough official appointed from time to time by Borough Council, or by any police officer having authority within Jefferson Borough.