[HISTORY: Adopted by the Borough Council
of the Borough of East Petersburg 12-6-2016 by Ord. No. 284. Amendments
noted where applicable.]
GENERAL REFERENCES
Brush, grass and weeds — See Ch. 36.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes any natural person, partnership, association, firm
or corporation. The singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine
and the neuter.
Includes any perennial woody vegetation, such as trees, shrubs,
bushes, or any other woody plant.
Every owner of property in the Borough shall be required to
keep the limbs and branches of all trees growing upon such property
or along the street, sidewalk, bicycle path, curb or alley abutting
upon such property trimmed so that no part of such limbs or branches,
or of the foliage growing thereupon, shall have a clearance of less
than eight feet above the surface of the sidewalk and bicycle path,
or of less than 15 feet above the surface of the roadway of any street
or alley below such limbs or branches.
It shall be the responsibility of every owner of property in
the Borough to keep trees, bushes, and shrubbery growing within the
triangular 15 feet from the intersection of any two streets in the
Borough of East Petersburg trimmed so as to prevent such trees, bushes
or shrubbery from obstructing the view of operators of vehicular traffic
at such intersections. As stated in Subsection (2), above, property
owners shall trim limbs or branches of trees or other foliage overhanging
the roadway of any street or alley within the Borough so as to insure
clearance of at least 15 feet.
It shall be the duty of every owner of property in the Borough
to remove any tree growing upon that property or upon the sidewalk
area or bicycle path adjacent to that property, upon notice from Council,
when the roots of the tree have caused any part of the sidewalk or
bicycle path to heave up, be cracked or otherwise disturbed, and then
to repair or reconstruct the sidewalk or bicycle path, as required
by Council, so as to place the walk in proper condition.
It shall be the responsibility of the owners of real estate
in the Borough to conform to the requirements of this chapter as to
trees upon real estate owned by them, or along streets, alleys, sidewalks,
and bicycle paths abutting upon such real estate, and, upon notice
from the Borough Council, to remove any tree or trees growing in violation
of the restrictions above, and to trim or cut the branches or limbs
of trees as required above. Any person failing to comply with any
such notice, within the time limit stated therein, shall be guilty
of a violation of this chapter and, following the expiration of such
time limit, the Borough Council shall have the authority to cause
the work required by such notice to be done by the Borough or under
contract therewith, and to collect the cost of such work, with an
additional amount of 10% from such property owner in default. If the
property owner fails to remit payment after being invoiced by the
Borough, the Borough may place a lien for the amount due, including
reasonable attorneys' fees and costs.
It shall be the responsibility of property owners in the Borough
to remove any dead, dangerous, or diseased trees upon their property.
If the Borough determines that a tree is dead, diseased, or otherwise
causes a health or safety hazard, the Borough may issue a written
notice to the property owner to take action to correct the condition
within 10 days of the date of the notice. Any person failing to comply
with any such notice, within the time limit stated therein, shall
be guilty of a violation of this chapter. If, after notice is given
in accordance with this section, the property owner fails to take
corrective action, the Borough Council shall have the authority to
cause the work required by such notice to be done by the Borough or
under contract therewith, and to collect the cost of such work, with
an additional amount of 10% from such property owner in default. If
the property owner fails to remit payment after being invoiced by
the Borough, the Borough may place a lien for the amount due, including
reasonable attorneys' fees and costs.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine not less than
$100 and not exceeding $600 and costs of prosecution, or to undergo
imprisonment for a term not to exceed 30 days. Every day that a violation
of this chapter continues shall constitute a separate offense. The
Borough retains its right to file a civil action for equitable relief
to enforce this chapter and to recover any fees and costs incurred,
including reasonable attorneys' fees and costs.
Any Ordinance and any amendments thereto, or any part thereof,
unless otherwise specified, inconsistent with the provisions of this
chapter are hereby expressly repealed. In the event any provision,
section, sentence, clause, or part of this chapter shall be held to
be invalid, illegal or unconstitutional by a court of competent jurisdiction,
such invalidity, illegality, or unconstitutionality shall not affect
or impair the remaining provisions, sections, sentences, clauses,
or parts of this chapter, it being the intent of the Borough Council
that the remainder of the Ordinance shall remain in full force and
effect.
