[HISTORY: Adopted by the Council of the Borough of Sharon
Hill 8-8-1979 by Ord. No. 1084 (Ch. 27 of the 1972 Code). Amendments
noted where applicable.]
GENERAL REFERENCES
Trees — See Ch. 338.
In order to protect, maintain and preserve the residential character
of the Borough and its environmental quality, there shall be hereby
established a Shade Tree Commission for the Borough of Sharon Hill
in accordance with the Borough Code of the Commonwealth of Pennsylvania,
Act of Assembly No. 581, approved February 1, 1966, as amended.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 2720 et seq.
A Shade Tree Commission composed of three residents of the Borough
shall be appointed by the Borough Council and shall serve without
compensation, one for a term of three years, one for a term of four
years and one for a term of five years. Vacancies in office shall
be filled by the Borough Council for the unexpired term.
Upon the expiration of the term of any Shade Tree Commissioner,
a successor shall be appointed by the Borough Council to serve for
a term of five years.
The Commission shall have exclusive custody and control of the
shade trees in the Borough and is authorized to plant, remove, maintain
and protect shade trees on the public streets and highways in the
Borough.
The Commission may, with the approval of the Borough Council,
employ and pay such superintendents, engineers, foresters, tree wardens
or other assistants as the power and performance of the duties devolving
on it shall require and may make, publish and enforce regulations
for the care and protection of the shade trees of the Borough. No
such regulation shall be in force until it has been approved by the
Borough Council and until it has been published once in one paper
in general circulation in the county.
The Shade Tree Commission shall annually report in full to the
Borough Council.
A.
The Commission may, upon prior written notice of 15 days and under
such regulations as are prescribed by this chapter, require owners
of property to cut and remove trees or parts thereof on their property
or on public property within a road right-of-way which abuts their
property if such trees are in such condition as may, in the opinion
of the Commission, present a hazard to persons or property within
the Borough. Upon failure of any such owner to comply with such notice,
the Borough may cause the work to be done by the Borough, or by others,
and may levy the costs thereof upon and collect the costs 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 and shall be filed with the Borough
Secretary. Any such lien may be collected by action in assumpsit or
by lien filed in the manner provided by law for the filing and collection
of municipal claims.
B.
Upon filing of certification with the Borough Council, the Borough
Secretary shall cause written notice of 30 days to be given to the
persons against whose property an assessment has been made. The notice
shall state the amount of the assessment and the time and place for
payment and shall be accompanied by 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 Borough, and if not paid
within the time designated in the notice, a claim may be filed and
collected by the Borough in the same manner as provided by law for
the filing and collection of municipal liens.
[Amended 7-14-1988 by Ord. No. 1180]
The Commission may assess penalties for the violation of its
regulations and for the violation of this chapter. In any instance,
each day during which such violations occur or persist after notice
thereof to the owner may be considered by the Commission to be a separate
offense, and the Commission may assess such penalties for each such
day of violation. The total amount of such penalties in any instance
shall not exceed statutory maximums, as amended from time to time.
Any penalty so assessed shall be a lien upon the real estate of the
offender and may be collected as municipal liens are collected. All
penalties or assessments shall be paid to the Borough Treasurer to
be placed to the credit of the Shade Tree Commission, subject to being
drawn upon by the Commission for the purposes contained herein.
