[HISTORY: Articles I and II adopted by the Borough Council
of the Borough of Osborne (now Glen Osborne) as indicated in article
histories. Subsequent articles adopted by the Borough Council of the
Borough of Glen Osborne as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-8-1912 by Ord.
No. 71]
From and after the date of the approval of this article, no
Carolina or Lombardy poplar trees or kindred trees of the same family
or genus shall be planted within the lines of the streets, lanes,
avenues or alleys of the Borough of Glen Osborne, and all trees of
the character aforesaid now standing within such lines shall be removed
by the Street Committee of Councils within 30 days after the approval
hereof.
Whenever, in the opinion of the Street Committee of Councils,
any such tree standing within the property lines abutting on said
highways shall be so located as to menace the water or sewer mains
therein or thereunder, the Street Committee may require the owner
of said property, within 30 days after notice to said property owner,
to remove such tree or trees, and in default of action by the owner
thereof within the time aforesaid, the Street Committee is hereby
empowered to enter upon the premises and remove such tree or trees,
and the expense thereof shall be collected from the owner thereof
as debts are by law recoverable.
[Added 7-15-1997 by Ord.
No. 341]
Any person or persons violating any of the provisions of this
article shall be liable for a fine not exceeding $600 and/or imprisonment
not in excess of 30 days.
[Adopted 12-18-1973 by Ord. No. 263]
The Council hereby elects to exercise all the rights and perform
the duties and obligations imposed by Section 2721 of the Borough
Code[1] upon a shade tree commission.
[1]
Editor's Note: See 53 P.S. § 47721 et seq.
It shall be the duty of the Borough Engineer, under the direction
of Council, to protect and preserve the shrubs, plants and shade trees
within the Borough by taking the necessary measures for the control
or extermination of Dutch elm or other disease, including injury or
infestation by pests or insects, which may injuriously affect the
same that are now in or may hereafter be in or upon the public and
private property in the Borough, including streets, parks and playgrounds
therein.
It shall be the duty of the Borough Engineer, under the direction
of Council, to enforce the provisions of this article. The Borough
Engineer shall have the power, with the approval of Council, to appoint
any qualified person or firm to assist him in the performance of the
duties imposed by this article.
The Borough Engineer or those acting under him shall have the
power to enter upon any public or private property within the limits
of the Borough to examine and, if necessary, in their opinion, to
spray or otherwise treat or cause to be sprayed or treated any shrub,
plant or tree afflicted with the Dutch elm or other disease which
threatens to injure or destroy shrubs, plants or trees within the
Borough. Whenever it is determined by the Borough Engineer that the
cutting or removal is necessary of any shrub, plant or tree so afflicted
which is located upon public property, he shall cut or remove the
same or cause it to be done at the cost and expense of the Borough.
Whenever it is determined by the Borough Engineer that the cutting
or removal is necessary of any shrub, plant or tree so afflicted which
is located upon private property, he shall notify the owner or occupant
of the private property upon which said condition exists to cut or
remove any such shrub, plant or tree within 15 days of the date of
such notice.
Upon the failure of any such owner or occupant to comply with such notice as required in § 135-7 above, the Borough may cause the work to be done 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 Engineer and shall be filed with the Borough Secretary. 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.
Any notice required by any of the provisions of this article
shall be in writing and served upon the owner or occupant of the property
upon which the condition to be corrected exists. The notice shall
specify the action which must be taken and advise said owner or occupant
that if the action is not taken within 30 days of the date of the
notice, the same will be taken by the Borough at the cost of the owner.
This notice shall be served personally upon the owner or occupant.
An appeal from such notice may be taken to the Council within 15 days of the date of receiving same. If an appeal is taken to Council, the matter will be submitted for final decision to the Department of Agriculture of the Commonwealth of Pennsylvania and the Borough shall not proceed pursuant to § 135-8 of this article until such decision has been received.
[Added 7-15-1997 by Ord.
No. 341]
Any person or persons violating any of the provisions of this
article shall be liable for a fine not exceeding $600 and/or imprisonment
not in excess of 30 days.
