It is hereby declared that obstruction of the public rights-of-way
of the Township by trees or shrubs falling into or impairing the use
or maintenance of said rights-of-way from private property located
outside said rights-of-way poses a substantial and imminent threat
to the health, safety and welfare of the Township, its inhabitants,
and persons using the public rights-of-way of the Township.
In furtherance of the protection of the Township, its inhabitants,
and persons using the public rights-of-way of the Township, any owner
of property located outside said rights-of-way shall be responsible
for the immediate clearing and removal of any tree or shrubs on the
owner's property that goes onto or over any of the public rights-of-way
of Lawrence Township, which has fallen for any reason whatsoever or
which impairs or obstructs the use or maintenance of said right-of-way.
In the event that the Township is notified or becomes aware on its own of a condition as described in §
105-15 above, the Township may proceed in one of the following manners:
A. If there exists a tree fallen from private property located outside
a public right-of-way of Lawrence Township, which obstructs said right-of-way,
then the Township can, without notice to the property owner, immediately
cause to be removed the tree(s) creating the condition to the extent
determined necessary by the Township, in its sole discretion.
B. If there exists a tree or shrub on private property located outside
a public right-of-way of Lawrence Township, which obstructs the use
or maintenance of said right-of-way, then the Township shall give
the property owner notice that said obstruction(s) must be removed
within 30 days of said notice. If property owner fails to remove the
obstruction(s) within the 30 days, then the Township can, without
any additional notice to the property owner, cause to be removed those
portions of the tree(s) or shrub(s) within the right-of-way creating
the condition to the extent determined necessary by the Township,
in its sole discretion.
Notice, as required in §
105-16 of this article, shall be by registered or certified mail to the property owner, and shall set forth the reasons why any tree or shrub on the property, that impairs or obstructs the use or maintenance of said right-of-way, must be trimmed or removed.
In the event of Township action as described in §
105-16 above, the cost incurred by the Township pursuant to §
105-16 shall be collected by the Township Treasurer by the assessment of such costs against the responsible property owner as provided by 53 P.S. § 68302, including the costs of filing a municipal lien if necessary.
Any person who violates or permits a violation of this article
shall, upon conviction in a summary proceeding brought before a Magistrate
Judge under the Pennsylvania Rules of Criminal Procedure, be guilty
of a summary offense and shall be punishable by a fine of not less
than $50 nor more than $1,000, plus costs of prosecution. In default
of payment thereof, the defendant may be sentenced to imprisonment
for a term not exceeding 30 days. Each day or portion thereof that
such violation continues or is permitted to continue shall constitute
a separate offense, and each section of this chapter that is violated
shall also constitute a separate offense.