[Ord. 377, 7/19/1961, § 1; as amended by Ord. 925, 1/22/2003]
Plants, shrubs and trees afflicted with the Dutch elm or other diseases which threaten to injure or destroy plants, shrubs and shade trees, and hazardous plants, shrubs and trees which due to their location or condition present a hazard to the public rights-of-way in the Forest Hills Borough are hereby declared to be a nuisance.
[Ord. 377, 7/19/1961, § 2; as amended by Ord. 597, 6/14/1972, § 1; and by Ord. 925, 1/22/2003]
A duly authorized representative or representatives of the Borough hereby are authorized to enter upon private property to investigate and determine if a nuisance as defined in § 25-101 hereof exists, either upon complaint by a citizen that such nuisance exists, or on its own motion if it has reasonable cause to believe such a nuisance exists. Such entry shall be made with the permission of the occupant of said property, if it can be obtained, and if permission to enter is refused by such occupant the representative of the Borough is authorized, subject to Council's approval in each case, to apply to a court of competent jurisdiction for a warrant to authorize such entry.
[Ord. 377, 7/19/1961, § 3; as amended by Ord. 597, 6/14/1972, § 2; and by Ord. 925, 1/22/2003]
If upon such investigation, the representative of the Borough finds that such a nuisance exists, he shall forthwith give notice in writing by certified mail to the owner of the property where the same is located to cut and remove, within 30 days from the date of such notice, the diseased plant, shrub and/or tree under such regulations as the Council shall promulgate.
[Ord. 377, 7/19/1961, § 4; as amended by Ord. 597, 6/14/1972, § 3; and by Ord. 925, 1/22/2003]
Upon failure of any such owner to comply with such notice, the Borough shall cause the work to be done.
[Ord. 377, 7/19/1961, § 5; as amended by Ord. 925, 1/22/2003]
The Borough shall 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 Engineer and shall be filed with the Borough Secretary. Any such lien maybe collected by action in assumpsit, or by lien filed in the manner provided by law for the filing and collection of municipal claims.