[Ord. 2014-01, 1/6/2014]
This Part shall be known as and may be cited as the "Manchester Township Tree Trimming Ordinance."
[Ord. 2014-01, 1/6/2014]
The Board of Supervisors of Manchester Township finds that the failure to trim trees and shrubs overhanging the cartway of any street or road and any traffic control device or sign or street identification sign creates a nuisance; is harmful to the safety, health and well-being of the residents of Manchester Township; and is contrary to the general welfare of the residents of the Township.
[Ord. 2014-01, 1/6/2014]
No person, firm, partnership or corporation owning or having a present interest in (including rental) or occupying any real estate within the Township of Manchester shall permit any trees or shrubs to overhang the cartway of any street or road and any traffic control device or sign or street identification sign within the Township below a height of 14 feet or to obstruct vision within the clear sight triangle at any intersection. All such vegetation is hereby declared to be a nuisance and detrimental to the health, safety, and welfare of the inhabitants of the Township.
[Ord. 2014-01, 1/6/2014]
The owner of any such premises, whether occupied by the owner or not, and the occupant thereof in case of premises occupied by other than the owner thereof, shall have the duty to remove, trim or cut all such vegetation growing or remaining upon such premises in violation of the provisions of this Part. Both the owner and the occupant in the case of premises occupied by other than the owner shall be responsible for the compliance with this Part.
[Ord. 2014-01, 1/6/2014]
The overhanging of trees below the height of 14 feet above the cartway or obstructing a traffic control device or sign or street identification sign or shrubs obstructing the clear sight triangle within the right-of-way of any street or road in Manchester Township is hereby declared to be a nuisance. Failure of the landowner or occupant to trim or cut said trees or shrubs after notice given in accordance with § 21-306 of this Part shall constitute a violation of this Part.
[Ord. 2014-01, 1/6/2014]
Wherever it shall be reported to, or observed by, the Township that any owner or occupant of real property has failed to comply with any of the terms of this Part, Manchester Township shall cause a written notice to be served upon the owner or occupant, or both, directing the owner or occupant, or both, to trim or cut such trees or shrubs within 30 days. Such notice may be mailed by United States mail, first class, postage prepaid; or by certified or registered mail; or, if the property is occupied, by posting the notice at a conspicuous place upon the affected property; or said notice may be personally handed to the owner or occupant.
[Ord. 2014-01, 1/6/2014]
Any person, firm, partnership or corporation who or which shall fail to trim or to cut said trees or shrubs within 30 days after the date of mailing or posting or handing of the notice in accordance with the procedure specified in the previous section shall, upon conviction thereof, be guilty of a summary offense and shall be sentenced to pay a fine of not more than $1,000. Each and every day of continued violation shall constitute a separate offense.
[Ord. 2014-01, 1/6/2014]
In the event of the failure of the owner and/or occupant to trim or to cut said trees or shrubs within 30 days after the date of the notice specified in § 21-306 of this Part, Manchester Township may have the trees or shrubs trimmed or cut and bill the owner for the cost thereof plus a penalty of 10%. These costs and penalties shall be in addition to any fines for violations. Penalties may be collected by summary proceedings or in the manner provided for the collection of municipal claims or by an action in assumpsit without the filing of a claim or by any other procedure authorized by law.
[Ord. 2014-01, 1/6/2014]
In addition to the fines for violations, costs and penalties provided for by this Part, Manchester Township is hereby authorized to institute proceedings in courts of equity to require owners and/or occupants of real estate to comply with the provisions of this Part.
[Ord. 2014-01, 1/6/2014]
The cost of removal, fine, and penalties hereinabove mentioned may be entered by the Township as a lien against such property in accordance with existing provisions of law for the enforcement and collection of municipal claims.
[Ord. 2014-01, 1/6/2014]
1.
The provisions of this Part shall be enforced by: