[Ord. No. 2019-03, 5/22/2019]
As used in this Part, the following terms shall have the meanings
indicated below, unless the context indicates otherwise.
PUBLIC STREET
The legal right-of-way established for any Township street
or road, including both the cartway and the area of sidewalks, if
any, and the right-of-way of any Township street or road open to the
public and used by the public as a public street or right-of-way.
[Ord. No. 2019-03, 5/22/2019]
It shall be unlawful for the owners of land abutting upon a
public street to plant any vegetation within the boundaries of the
public street, or to permit any vegetation to overhang or protrude
into any abutting public street so as to obstruct the safe and convenient
passage of vehicles and persons along the public street.
[Ord. No. 2019-03, 5/22/2019]
1. The Board of Supervisors, or their authorized representative, is
hereby empowered to notify property owners when they are in violation
of any provision of this Part. Arrangements for the necessary maintenance
or other appropriate action, in a manner consistent with all applicable
Township ordinances, shall be made by the property owners and presented
to the Township within 10 days after written notice of the violation
is given to the property owners.
2. After receiving written notice of a violation of this Part, any property
owner who fails to remedy the violation within the required time period
shall, upon conviction thereof in a summary proceeding brought before
a Magisterial District Judge under the Pennsylvania Rules of Criminal
Procedure, be guilty of a summary offense and shall be punishable
by a fine of not less than $100 nor more than $1,000 for each and
every offense, together with all applicable costs of prosecution,
including reasonable attorney's fees, incurred by the Township.
Each day or portion thereof that such violation continues or is permitted
to continue shall constitute a separate offense.
3. Upon the failure of any property owner to remit payment to the Township
for any penalties assessed for violation of this Part, the Township
may take such steps as are necessary to have a municipal lien placed
upon the property for the amount of the penalty assessed, together
with all applicable costs, including reasonable attorney's fees,
incurred by the Township.
4. In addition to the remedies set forth above, upon any property owner's
failure to timely cure the violation after receiving written notice
of the violation of this Part, the Township may proceed in law or
equity to remove or abate any continuing violation of this Part and,
in addition, may proceed to impose and collect the costs of such removal
or abatement, together with a penalty as set forth in this Part, including
the filing of a municipal claim for any removal or abatement.