The property owner or person in possession and control of property
within the Township shall be responsible for maintaining any and all
trees, branches, vines, shrubs and other landscaping on his or her
property so that he or she does not unreasonably affect or interfere
with the health, safety or welfare of the public or the right of the
public to the unobstructed use of the public roads or public property.
If the condition of any tree, branch, vine, shrub or other landscaping
on private property in the Township, because of disease or otherwise,
unreasonably affects or interferes with the health, safety or welfare
of the public or the right of the public to the unobstructed use of
the public roads or property, the Township shall send written notice
via certified mail to the property owner or person in possession and
control of the property ordering that such obstruction be cut and/or
removed from the public road or public property within 30 days from
receipt of the notice. If the property owner fails to remove such
obstruction within 30 days, the Township may enter the property and
remove the obstruction. Thereafter, the Township's cost of cutting
and/or removing the obstruction shall be billed to the property owner
or the person in possession and control of the property and shall
be due and payable within 10 days of the date the Township bills the
property owner for the cost of the cutting and/or removal of the obstruction.
If the amount of the bill is not paid within 10 days, all amounts
due and owing shall be deemed to be delinquent and shall be subject
to a penalty of 10% of the amount billed.
If the billing is not paid within 15 days, the Township may file
an action in assumpsit or any proceeding otherwise provided by law
to recover the amount of the delinquent bill together with any costs,
attorney's fees or expenses, or may file a municipal lien against
the property pursuant to the procedure established in the Pennsylvania
Municipal Lien Law[1] for any amounts due and owing the Township. Such lien
shall be collected in the manner provided for by law for the filing
and collection of such municipal liens. All of the Township's remedies
shall be cumulative.
In the event that a tree, branch, vine, shrub or other landscaping
has fallen into the Township right-of-way and obstructs the use of
the public roads or is creating a hazardous condition which requires
immediate attention, the Township will immediately remove the obstruction
from the right-of-way or abate the hazardous condition and bill the
property owner for the cost of removing the obstruction.