[HISTORY: Adopted by the Borough Council of the Borough of
Oakdale as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 25, Part 1, of the 1995 Code of Ordinances]
South Carolina poplar trees located on the streets and alleys
of the Borough on which sanitary sewers are constructed, and on public
or private property fronting or abutting said streets and alleys within
a distance of 50 feet of any sanitary sewer, are hereby declared to
be a nuisance and damaging to said sanitary sewer system of the Borough.
All owners or occupiers of lots fronting or abutting any street
or alley upon which a sanitary or storm sewer is constructed are hereby
required and directed to remove any and all South Carolina poplar
trees, and any other trees the roots of which are damaging to sewers,
standing or growing on a street or alley on which a sanitary sewer
has been constructed in front of or abutting their property, or located
on their property within a distance of 50 feet of any sanitary sewer,
within five months after the passage of this article.
Upon neglect or refusal of any owner or occupier of a lot or lots to comply with the requirements as provided in § 331-2 of this article, the Borough may, after 30 days' notice, cause any and all South Carolina poplar trees and any other trees the roots of which are damaging to sewers, standing or growing as aforesaid, to be removed and destroyed and may collect the costs thereof and 10% additional together with all charges and expenses from such owner and may file a municipal claim therefor or collect the same by action of assumpsit.
The notice provided for in § 331-3 of this article shall be served on the owner of the premises to which the notice refers, if such owner be a resident of the Borough. If the owner is not a resident, then the notice may be served upon the agent or tenant of the owner or upon the occupier of such premises. If the owner has no agent or tenant or there be no occupier of such premises, then service shall be by printed or written notice posted upon the premises.
