A.
The Mayor, the Borough Permit Officer, and the Tree Commission, including
specifically each individual member of the Commission, are hereby
given authority to enforce and shall enforce all the provisions of
this chapter, consistent with law, within the Borough.
B.
The Tree Commission may, with the approval of the elected Borough
Council and by its rules and regulations, specifically designate individual
persons retained or employed by it who, along with the other designated
authorities, shall have authority to enforce the provision of this
chapter and related parts of the Borough Ordinances.
In addition to other penalties, a person who has damaged trees in violation of § 55-31 of this chapter; who fails to remove diseased plants, shrubs, and trees in violation of § 55-28 of this chapter; who fails to replant or replace trees in violation of § 55-30 of this chapter; who fails to replant trees in violation of § 55-33 of this chapter; and/or who fails to maintain trees in violation of § 55-35 of this chapter or any provision of Chapter 159, Streets and Sidewalks, shall be liable to the Borough for all reasonable and necessary procurement, planting, maintenance and other costs associated therewith with 10% added. In addition, if payment is not made within 30 days after such person is billed, interest shall be charged on the full amount due at the rate of 9% per year compounded quarterly. The costs, penalties, and interest herein provided shall be applied for the benefit of the Commission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Violations of this chapter shall be punishable for each offense
by a fine of not less than $25 nor more than $600, plus costs of prosecution,
and, in default of payment of such fine and costs, by imprisonment
for not more than 30 days.
A.
In addition to the above assessments and fines, all other actions
are hereby reserved, including in equity for the proper enforcement
of this chapter.
B.
The imposition of a fine or other penalty for any violation of, or
noncompliance with, provisions of this chapter shall not excuse the
violation or noncompliance or permit it to continue; and all such
persons shall be required to correct or remedy such violation or noncompliance
within a reasonable time. The assessments, fines, penalties, and other
actions provided in this section shall be cumulative and resorting
to any one remedy shall not preclude the Borough from pursuing other
remedies provided herein or by applicable Laws of this Commonwealth.
