[Adopted by Ord. No. 10-9-72F]
[Amended by Ord. No. 1-8-73B]
From and after the enactment of this ordinance, it shall be unlawful for any person, firm, corporation, municipal organization or quasi-municipal organization to place, raise, plant or grow any tree or shrubbery whether on private or public lands, within 15 feet, measured on the ground surface from a line directly above the center line, of any public sanitary sewer located within the municipality.
[Amended by Ord. No. 1-8-73B]
Any tree or any shrubbery existing within the municipality before the enactment of this ordinance, or which is planted after the effective date of this ordinance, whether on private lands or public lands, which shall constitute a danger to any public sanitary or storm sewer located within the municipality is hereby declared to be a nuisance.
The Municipal Secretary, after due investigation and consideration, may determine to be a nuisance any tree or shrubbery existing within the municipality, whether on public lands of private lands, where, in his opinion, such trees or shrubbery present a danger to any public sanitary or storm sewer located within the municipality.
Any tree or shrubbery existing upon private lands within the municipality and which is determined to be a nuisance as provided in 64.3 hereof shall be removed by the owner thereof within 20 days after receipt of written notice from the Municipal Secretary as hereinafter provided.
Any tree or shrubbery existing on public lands or on public streets or rights-of-way within the municipality and which is determined to be a nuisance as hereinafter provided, may be removed by the municipality at its own expense.
The Municipal Secretary, upon determining any tree or shrubbery existing on private lands to be a nuisance shall forthwith, in writing and served personally or by registered or certified mail, notify the owner of said land of his determination, said notice to contain a designation of the tree, trees or shrubbery determined to be a nuisance and that said owner has 20 days from the receipt of said notice to remove said tree, trees or shrubbery.
Any person aggrieved by any determination of the Municipal Secretary under this ordinance may, in writing served upon the Municipal Secretary personally or by registered or certified mail, within 10 days of the receipt of notice from the Municipal Secretary, where applicable, appeal said determination to the Municipal Council.
When any person affected from any determination from the Municipal Secretary under this ordinance as hereinbefore provided, the Municipal Council shall, within 10 days of the receipt of the notice of appeal by the Municipal Secretary, meet and hear arguments and testimony and after full hearing sustain or reverse the determination of the Municipal Secretary, the decision of the Municipal council to be final in all cases.
The Municipal Secretary shall give any person appealing to the Municipal Council, under the provisions of 56-8 hereof, at least five days written notice of the date and time of the meeting of the Municipal Council at which the appeal shall be heard.
Any person, firm or corporation violating the provisions of 56-1 of this ordinance, upon conviction before any Justice of the Peace of the Municipality of Bethel Park in summary proceedings, shall be sentenced to pay a fine not exceeding $100 and in default of payment of said fine shall be sentenced to imprisonment in the Allegheny County Jail for a period not exceeding 10 days.
Should any section, subsection, sentence, clause or phrase of this ordinance be held for any reason to be unconstitutional or otherwise invalid by a court of competent jurisdiction, said section, subsection, sentence, clause or phrase shall be considered to be severable and such decision shall not affect the validity of the remaining portions hereof.
Ordinance No. 5-9-60A of the Municipality of Bethel Park enacted the 9th day of May, 1960, shall be and the same is hereby repealed in its entirety and any other ordinance or part of any other ordinance conflicting with the provisions of this ordinance shall be and the same is hereby repealed to the extent of such conflict.