[HISTORY: Adopted by the Borough Council of the Borough of
Charleroi 4-12-2012 by Ord. No. 1000. Amendments noted where applicable.]
The Shade Tree Commission established by Borough Ordinance No.
922 of 1999 is hereby abolished. The Commissioners previously appointed
by Council are now relieved of their duties and obligations to serve
as Commission members. Further, Ordinance Nos. 954 and 959 are hereby
repealed as their provisions are consolidated into this chapter.
The exclusive custody and control of shade trees in the Borough
is vested in the Charleroi Borough Council. Council is authorized
to plant, remove, maintain and protect shade trees on the streets
and highways in the Borough. The Council may employ and pay such superintendents,
engineers, foresters, tree wardens, or other assistants, that the
proper performance of the duties devolving upon it shall require,
to name, make, and enforce regulations for the care and protection
of shade trees of the Borough. All powers, rights and duties set forth
in 8 Pa.C.S.A. § 2720 et seq., and any recodification or
amendment to such statute, is exclusively reserved to the Council
of the Borough of Charleroi.
Council shall determine in its sole discretion whether to issue
annual reports concerning shade trees within the Borough. Council
shall through the Borough Manager keep regular accounts of all transactions
and expenses regarding shade trees in the Borough and shall report
such transactions and expenses as it does any other expense of the
Borough.
Whenever the Council of the Borough of Charleroi proposes to
plant, transplant, or remove shade trees on any street, Council shall
give notice of the time and place of the meeting where such work is
to be considered. Notice shall be given by publication in one newspaper
of general circulation within the Borough once a week for two weeks
immediately preceding the time of the meeting. The notice shall specify
in detail the streets or portions upon which trees are proposed to
be so planted, replanted, or removed.
Lists of trees not suitable for planting shall be approved by
the Council of the Borough of Charleroi and shall be available for
public inspection. The spacing of shade trees shall be determined
at the discretion of the Charleroi Borough Council.
A.
It shall be the duty of every owner of property fronting alongside
any street or alley in the Borough of Charleroi, upon notice of the
Borough Council or its designated agent, to trim all trees planted
or growing upon such property or upon the sidewalk area adjacent to
thereto so that no part of any such tree, or the branches of foliage
thereof, shall be closer than 15 feet above the surface of the cartway
or the street or nine feet above the surface of the sidewalk.
B.
The distance trees may be planted from curbs or curblines and sidewalks
shall be determined by Borough Council following consultation with
the Borough Engineer, and or the Borough Code Enforcement Officer
and/or the Head of the Borough Street Department.
C.
It shall be the duty of every property owner in the Borough of Charleroi,
upon notice from the Borough Council or its designated agent, to remove
any tree growing upon such property or upon the sidewalk area adjacent
thereto when the roots of such tree shall cause any part of the sidewalk
to heave up, be cracked or otherwise disturbed, and thereafter to
repair or reconstruct the sidewalk as required by the Borough Code,
to place the same in proper condition.
D.
It shall be the duty of every owner of property in the Borough of
Charleroi to remove or trim any tree growing upon such property or
upon the sidewalk area adjacent thereto upon notice from the Borough
Council or its designated agent, when such tree poses a threat to
the safety of the public or any adjacent property.
The distance that trees may be planted from street corners and
fireplugs shall be determined by Borough Council upon consultation
with the Chief of Police and the Fire Chief.
The Council of the Borough shall adopt regulations with regard
to the planting of trees under or near overhead utility wire or other
structures or improvements.
The cost of planting, transplanting or removing any shade trees
in or along the streets and highways of the Borough, or the necessary
and suitable guards, curbing or grating for the protection thereof,
and of replacing or any pavement or sidewalk necessarily disturbed
in the execution of such work, shall be paid by the owner of the abutting
real estate where work is done. The amount each owner is to pay shall
be ascertained and certified by the Borough Council.
On failure of any owner, after reasonable notice, to comply
with the terms of this chapter, the Borough may cause such trees to
be planted or replanted at the expense of the Borough, and thereupon,
in the name of the Borough, collect the cost of such work from the
owners in default, as debts of like amount are by law collectable.
Upon the filing of certificates with the Council, the Borough
Secretary shall cause 30 days' written notice to be given to every
person against whose property an assessment has been made. Notice
shall state the amount of the assessment, and the time and place of
payment, and shall be accompanied with a copy of the certificate.
The amount assessed against the real estate shall be a lien from the
time of the filing of the certificate with the Council, and if not
paid within the time designated in the notice, the claim may be filed
and collected by the Borough Solicitor in the same manner as municipal
claims are filed and collected.
A.
The cost and expenses of caring for shade trees after they have been
planted and the expense of publishing notices hereinbefore provided
for shall be paid by the Borough. The median amount shall each year
be certified by the Borough Manager to Council and shall be drawn
against, as required by Council, in the same manner as money appropriated
for Borough purposes.
B.
The Council may levy a general tax, not to exceed the sum of one-tenth
of one mil on the dollar on the assessed valuation of the property
in the Borough taxable for county purposes, for the purpose of defraying
the cost and expenses of caring for such shade trees and the expense
of publishing the notice; or it may provide for the expense of the
caring of trees already planted and of publishing the notice by appropriations
equal to the amount certified to be required by the Council.
Pursuant to 8 Pa.C.S.A. § 2720.4, Council may impose
a penalty for violation of its regulations and of this chapter as
it relates to shade trees. Any penalty so assessed shall be a lien
upon the real estate of the offender and may be collected as municipal
claims are collected. All penalties or assessments imposed under this
chapter shall be paid to the Borough Treasurer, to be placed to the
credit of shade tree expenses as permitted by this chapter.
Council, upon 15 days' notice, may require owners of property
to cut and remove plants, shrubs, and trees, afflicted with Dutch
Elm or other diseases, which threaten to injure or destroy plants,
shrubs and shade trees in the Borough. Upon failure of any owner to
comply with such notice, the Borough may cause the work to be done
by Borough employees, and levy and collect the cost thereof from the
owner of the property. The cost of such work shall be a lien upon
the premises from the time of the commencement of the work, which
date shall be fixed by the Borough Engineer and shall be filed with
the Borough Secretary. Any such lien may be collected by an action
in assumpsit or by a lien filed in the manner provided by law in the
filing and collection of municipal claims.
B.
It shall be unlawful for any person to prevent, delay or interfere with Council, or any of its agents, while engaging in and about the planting and cultivating, mulching, pruning, spraying, or removal of any shade trees, park trees, or other trees as authorized in this chapter. Any person violating any part of this subsection shall, upon summary conviction, be punishable as provided in Chapter 1, Article II, Enforcement; General Penalty, of this Code.
Upon the petition of a majority of the property owners upon
any public street thereof, Borough Council may require the planting
and replanting of suitable shade trees along and upon the sides of
such streets, upon such alignment and at such points as may be designated
by Borough Council or by the owners of property abutting the street
at the points designated. This section shall not authorize Borough
Council to require the planting or replanting of trees at any point
that may interfere with the necessary or reasonable use of any street
or abutting property or unreasonably interfere with any business conducted
thereon.
