[Adopted 10-10-2017 by Ord. No. 2017-05]
The following definitions shall apply in the interpretation
and enforcement of this article.
The area of any public street, road, highway, alley or other
publicly held thoroughfare within the corporate limits of the Borough
that has been designated by law as a public right-of-way.
Any tree, shrub or other woody plant which is planted in
any right-of-way or has at least 1/2 of its trunk, branches or roots
extending into any right-of-way.
The maintenance, care or removal of any shade tree, as defined
herein, and the required compliance with the provisions of this article
shall be the responsibility of the property owner on whose property
the shade tree is located or whose property abuts the right-of-way
in which the shade tree is located. All mature shade trees shall be
trimmed so that the lowest branches are no less than 14 feet above
the surface of the street or cartway and are no less than seven feet
above the surface of the sidewalk or walking area.
A.
The Mayor or his duly authorized agent shall provide notice to a
property owner of noncompliance with the requirements of the prior
section. The notice shall require the property owner to undertake
compliance action and trim the shade tree(s) within 15 days of receipt
of the notice. The notice shall be delivered to the property owner
either in person, by posting the notice on the property, or by United
States mail, first class.
B.
Any property owner failing to comply with the terms of any such notice
within the stated time limit shall be guilty of a violation of this
article. Following expiration of the stated time limit, the Mayor
or his duly authorized agent shall cause the work required by such
notice to be done by the Borough or an agent of the Borough.
C.
The property owner shall be billed for the actual cost of the labor
involved in the work plus any other administrative costs incurred
by the Borough relating to the work. Any such bill for tree trimming
costs shall be recoverable by the Borough by law as are other debts
due to the Borough.
Any person who violates this article shall, upon conviction
in a summary proceeding under the Pennsylvania Rules of Criminal Procedure,
be guilty of a summary offense and shall be punishable by a fine of
not more than $1,000 plus court costs and reasonable attorneys'
fees incurred by the Borough in the enforcement proceedings. If the
Magisterial District Judge determines that the defendant is without
financial means to either pay the fines and costs immediately or in
a single remittance, such defendant shall be permitted to pay the
fines and costs in installments and over such time periods of time
as the Magisterial District Judge deems to be just. Upon judgment
against any person by summary conviction, or by proceedings by summons
on default of the payment of the fine or penalty imposed and the costs,
the defendant may be sentenced and committed to the county correctional
facility for a period not exceeding 30 days. Each day that such violation
exists shall constitute a separate offense. In addition to or in lieu
of enforcement under this section, the Borough may enforce this article
in the Lancaster County Court of Common Pleas.
