[Adopted by Ord. No. 10-9-72F]
[Amended by Ord. No. 1-8-73B]
64.1.1.
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]
64.2.1.
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.
64.3.1.
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.
64.4.1.
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.
64.5.1.
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.
64.6.1.
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.
64.7.1.
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.
64.8.1.
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.
64.9.1.
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.
64.10.1.
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.
64.11.1.
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.
64.12.1.
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.
