[7/7/1910, § 1; as amended by Ord. 5-1986, 10/13/1986; and by Ord. No. 4-2013, 1/14/2013]
All shade trees overhanging streets and sidewalks of the Borough of Hughesville, three inches or more in diameter as measured one foot from the ground, shall be trimmed and shall be kept trimmed to a height of eight feet above the sidewalk and 14 feet above all streets and alleys. All shrubs, bushes and weeds shall be trimmed back from the alleys to a minimum distance of 12 inches from the edge of the alley. The edge of the alley is seven feet from the center line of the alley. All shrubs, bushes and weeds shall be trimmed eight feet back from the center line of the alley.
[Ord. No. 4-2013, 1/14/2013[1]]
1. 
All trees that are 50% or more dead or have a disease that is contagious to plants, shrubs or trees must be removed by the property owner within 30 days of written notice by the Borough of Hughesville. Unless a property owner files a written appeal with the Borough of Hughesville in accordance with Subsection 2 below, the property owner shall be in violation of this chapter if the dead or diseased tree is not removed within 30 days of the written notice from the Borough of Hughesville and subject to the fines and penalties listed in § 4, Subsection 2, below.
2. 
Within 10 days of receipt of written notice from the Borough of Hughesville or its agent to remove a dead or diseased tree(s) from a property, a property owner may appeal the notice by filing a written appeal with the Borough of Hughesville contesting that the tree is not dead or diseased as indicated in the original notice. The property owner must submit a $200 deposit with the written appeal. Upon receipt of a timely appeal and deposit, the Borough of Hughesville will have a certified arborist inspect the subject tree(s).
A. 
If the certified arborist determines the subject tree(s) is (are) either dead or diseased and meet the criteria of Subsection 1 above for removal, the property owner shall be required to remove the subject tree(s) within 20 days of the written determination of the certified arborist and shall be responsible for the costs of the certified arborist's inspection of the tree(s).
B. 
If the certified arborist determines the subject tree(s) does (do) not meet the criteria of Subsection 1 above for removal, the property owner shall not be required to remove the subject tree(s) and the Borough of Hughesville shall be responsible for the costs of the certified arborist's inspection.
C. 
The deposit will be utilized to pay for the costs of the certified arborist's inspection on a pro rata basis related to the number of trees subject to the inspection that are determined to meet the criteria for removal. For example, if a property owner appeals a notice that applies to three trees, the number of the trees determined by the certified arborist's inspection to require removal shall determine the percentage of the costs to be paid by the property owner. In this example, one out of three trees determined to be dead and diseased would be 33% of costs, two out of three trees determined to be dead or diseased would be 66% of costs and three out of three trees determined to be dead or diseased would be 100% of costs. The property owner shall be responsible for additional costs that exceed the deposit amount. The Borough of Hughesville will refund any deposit funds determined not to be due.
[1]
Editor's Note: Pursuant to this ordinance, former § 2, Penalty for Violation, was renumbered as § 4.
[Ord. 2, 10/13/1980 as amended by Ord. No. 19-2014, 6/9/2014]
1. 
No tree overhanging the streets and sidewalks of the Borough of Hughesville, three inches or more in diameter as measured 12 inches above the ground, shall be cut down without the owner, lessee or occupant having first obtained a permit. No permit shall be required for cutting limbs or branches less than three inches in diameter.
2. 
Said permit shall be issued by the appointed delegate of the Borough Council and shall provide for a statement as to whether or not traffic or utility operation will be interrupted. The applicant shall be required to state the purpose of the trimming or cutting of the tree. The cost of the permit shall be $2 per tree. The permit fee may be modified by the Borough Council from time to time by resolution of Borough Council.
3. 
Any person who cuts or trims a tree without first having obtained a permit pursuant to this section shall, upon summary conviction thereof, be sentenced to a fine of not less than $25 nor more than $100 and costs of prosecution.
4. 
Any time a tree is removed pursuant to Subsection 1 herein or it is determined by the Borough that a stump poses a hazard for public safety or damage to public property, a property owner must have the stump of the tree removed down to at least four inches below ground surface and filled with an acceptable type of soil for the area. Failure to remove the stump as required in this subsection shall be a violation punishable under § 4 of Chapter 23 of the Code of Ordinances of the Borough of Hughesville.
[7/7/1910, § 2; as amended by Ord. 10, 8/14/1972, § 1; by Ord. No. 4-2013, 1/14/2013; and by Ord. No. 5-2017, 12/11/2017]
1. 
If after 10 days' notice to the owner or occupant of any land upon said tree, trees, bushes or shrubs may be located, said trees, bushes or shrubs are not trimmed in accordance with the provisions of Section 1 of this Chapter, the Borough shall proceed to trim said trees, bushes or shrubs and the cost of such work shall be charged to and shall be paid by said owner, and shall be collected as fines are collected. Any person or persons, or corporations violating any of the provisions of this ordinance, in addition to being liable for costs incurred by the Borough authorities, shall, upon summary conviction thereof, be sentenced to a fine of not less than $100, not to exceed $600, and costs of prosecution.
2. 
If after 30 days' notice to the owner or occupant of any land upon said tree, trees, bushes or shrubs may be located, said trees, bushes or shrubs are not removed in accordance with the provisions of Section 2 of this Chapter, the Borough shall proceed to remove said trees, bushes or shrubs and the cost of such work shall be charged to and shall be paid by said owner, and shall be collected as fines are collected. Any person or persons, or corporations violating any of the provisions of this ordinance, in addition to being liable for costs incurred by the Borough authorities, shall, upon summary conviction thereof, be sentenced to a fine of not less than $100, not to exceed $600, and costs of prosecution.