[Ord. 1959-6, 8/10/1959]
This Part shall be known and may be cited as the "Oxford Borough Shade Tree Ordinance."
[Ord. 1959-6, 8/10/1959]
A commission to be known as the "Shade Tree Commission" is hereby established, which shall be composed of three residents of the Borough of Oxford, who shall be appointed by the Borough Council and shall serve without compensation. The Borough Council may also appoint advisers to the Shade Tree Commission, but all official actions shall be taken by the Commission.
[Ord. 1959-6, 8/10/1959]
The Borough Council shall appoint one member of the Shade Tree Commission for a term of three years, one for a term of four years and one for a term of five years. On 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. Vacancies in the office of Shade Tree Commissioner shall be filled by the Borough Council for the unexpired term.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission is authorized, to plant, remove, maintain and protect shade trees, shrubs or other woody plants within 10 feet of the property line of all public streets, highways, avenues, courts, terraces, rights-of-way, parkways or other public areas in the Borough, but it shall not obligate the Borough to the expenditure of any Borough funds without having been first authorized by the Council to do so.
[Ord. 1959-6, 8/10/1959; as amended by Ord. 428, 2/10/1969]
The Shade Tree Commission may, with the approval of the Borough Council, employ assistants as the proper performance of the duties devolving upon it shall require, and may 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 Council and enacted as an ordinance.
[Ord. 1959-6, 8/10/1959]
When published, such regulation or regulations shall, for purposes of enforcement, be considered a part of this Part, and any violation of the terms of such regulation or regulations shall be considered as a violation of this Part.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission shall annually report in full to the Borough Council its transactions and expenses for the last fiscal year.
[Ord. 1959-6, 8/10/1959]
Whenever the Shade Tree Commission proposes to plant or remove shade trees on any street or highway in the Borough of Oxford, notice shall be given in writing to the property owner or owners, and a copy thereof shall be submitted to the Borough Council.
[Ord. 1959-6, 8/10/1959]
The cost of planting, transplanting or removing any shade trees in the streets or highways of the Borough, of the necessary and suitable guards, curbing or grading for the protection thereof and of the replacing of any pavement, curbs or sidewalk necessarily disturbed in the execution of such work shall be paid by the owner of the real estate in front of whose property the work is done. The amount each owner is to pay shall be ascertained and certified by the Shade Tree Commission to the Borough Council and to the Borough Treasurer.
[Ord. 1959-6, 8/10/1959]
Upon the filing of the certificate with the Borough Council, the Borough Secretary shall cause 30 days' written notice to be given to the person against whose property an assessment has been made. Such written notice may be personally served upon the owner or sent by first-class mail to the last known address of the owner, or, if such address is unknown, said notice may be posted on the premises. The notice shall state the amount of the assessment and that the assessment is payable within 30 days from the date of the notice at the Borough Building 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 Council, and if not paid within 30 days from the date of the notice, claim may be filed and collected by the Borough in the same manner as municipal claims are filed and collected. Such claim shall bear interest at the rate of 6% per annum commencing 30 days from the date of the notice, and a penalty of 5% shall attach thereto if payment; is not made on or before 60 days from the date of the notice. Any such claim may also be collected by an action in assumpsit.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may authorize the owners of property to plant, transplant or remove any shade trees or to care for, prune or trim any shade trees in the streets or highways of the Borough abutting on their respective properties and require the necessary and suitable guards, curbing or grading for the protection thereof and the replacing of any pavement, curbs or sidewalk disturbed in the execution of such work. The Shade Tree Commission may require the giving of a bond with surety to ensure the protection of curbs, sidewalks and paving as a condition precedent to such authorization.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may, upon 30 days' written notice served personally upon the owner or sent by first-class mail to the last known address of the owner or, if such address is unknown, by posting a written notice on the premises, require the owner of property to cut and remove trees afflicted with the Dutch elm or other disease which threatens to injure or destroy shade trees in 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 and levy and collect the cost 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 Council and shall be filed with the Borough Secretary. The amount of such lien shall be ascertained upon completion of the work and shall bear interest at the rate of 6% per annum from the date when the amount thereof is ascertained. A penalty of 5% shall attach thereto if payment is not made within 30 days from the date when the amount of the lien is ascertained. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
[Ord. 1959-6, 8/10/1959]
The cost and expense of caring for such trees after having been planted and the expense of publishing the notice hereinbefore provided shall be paid by Borough Council. The needed amount shall each year be certified by the Shade Tree Commission to the Borough Council so that the same may be included in the Borough budget, and shall be drawn against as required by the Shade Tree Commission, in the same manner as money appropriated for Borough purposes. The Borough Council, instead of levying the tax authorized under the general tax levying provisions of the Borough, may provide for the expense of caring for trees already planted and of publishing the notice by appropriations equal to the amount certified to be required by the Shade Tree Commission.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission may authorize any public utility company whose facilities are or may be involved or affected in the planting, transplanting or removal of shade trees or shrubs or in caring for, trimming or pruning thereof to do the necessary work within the limits as defined in § 25-104. A permit authorizing such work shall first be issued by the Shade Tree Commission, which may require the giving of a bond with surety to ensure the protection of curbs, sidewalks and pavements and the proper performance of the work as a condition precedent to such authorization.
[Ord. 1959-6, 8/10/1959]
The Shade Tree Commission shall be notified by the Borough Council Secretary of the filing of any plans for subdivision under the provisions of the Subdivision Control Ordinance, whereupon it shall be the duty of the Commission to review said plans and to recommend to the Borough Planning Commission and the Borough Council the planting, transplanting or removing of any shade trees in the streets or highways appearing on said plans to the end that the Borough Council may condition its approval of said plans upon the planting, transplanting or removing of such shade trees.
[Ord. 1959-6, 8/10/1959]
No shade tree shall be planted, transplanted or removed on any street, highway or right-of-way in the Borough of Oxford without a written permit from the Shade Tree Commission, such permit to designate the type of tree and the place where such tree is to be planted, transplanted or removed. The Shade Tree Commission shall have authority to designate a suitable type of tree and may refuse a permit to plant any type of tree which, in its opinion, is not suitable to the location. All persons shall first obtain a written permit from the Shade Tree Commission before planting, transplanting, removing, pruning or trimming any shade tree in the streets or highways of the Borough. Such work shall be done to the satisfaction of the Shade Tree Commission.
[Ord. 1959-6, 8/10/1959; as amended by Ord. 428, 2/10/1969; by Ord. 636, 5/23/1989, § 1-6; and by Ord. 810, 12/17/2007]
Any person, firm or corporation who shall violate any provision of this Part, upon conviction thereof, shall be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this Part continues shall constitute a separate offense.
[Ord. 1959-6, 8/10/1959]
All penalties, fines or assessments imposed by this Part shall be paid to the Borough Treasurer, to be placed to the credit of the Shade Tree Commission, subject to being drawn upon by said Commission for the purposes of this Part.
[Ord. 48, 4/18/1894]
The owners of the different properties fronting on the streets of the Borough of Oxford are hereby directed and required to trim and keep trimmed the trees on their respective properties to the clear height of eight feet above the pavements and to the clear height of 15 feet above the center of the streets.
[Ord. 48, 4/18/1894; as amended by Ord. 418, 2/10/1969]
If the owner of any property shall fail to comply with the requirements of the § 25-201 after notice, such trees may be trimmed under the direction of the Shade Tree Commission, and the cost of the work, plus 10%, shall be collected by the Borough from such defaulting owner.