[Ord. 191, 2/10/1998, § 1]
In placement of trees and vegetative material in the proximity of streets, alleys and Township property, an owner or occupier of land must comply with this Part, as well as the Old Lycoming Township Zoning Ordinance [Chapter
27], sign regulations and all other governmental regulations, Federal, State and local.
[Ord. 191, 2/10/1998, § 2; as amended by Ord. 231, 10/14/2008]
1. The owners and occupiers of real estate within the Township of Old
Lycoming, upon whose property trees have been planted in the proximity
of Township streets, alleys or other Township property, shall be maintained
by the owner and occupant of said real estate in a safe and diligent
manner, including the following:
A. All dead limbs shall be removed.
B. All trees shall be trimmed in the fashion that there is at least
a fourteen-foot clearance between the foliage of any tree and any
roadway, alleyway or Township property, including trees overhanging
a roadway, alleyway or other Township property, and private rights-of-way.
C. Owners and occupants shall trim all trees so that there is a clearance
of at least nine feet of trees and/or any vegetation overhanging the
sidewalk.
D. All dead trees shall be removed expeditiously and otherwise within
30 days upon written notice of any Township official who has been
assigned responsibility for the administration of this Part.
E. All owners and occupants shall eliminate or trim any tree which has
been declared a safety hazard or obstruction by the roadmaster in
writing. The roadmaster's opinion with respect to such safety hazard
or obstruction shall be final.
[Ord. 191, 2/10/1998, § 3; as amended by Ord. 231, 10/14/2008]
1. Any person violating any portion of this Part, including the nonremoval
of vegetation or tree within 30 days of being so ordered, upon conviction
thereof in an action brought before a magisterial district judge in
the manner provided for the enforcement of summary offenses under
the Pennsylvania Rules of Criminal Procedure, shall be sentenced to
pay a fine of not less than $300 nor more than $1,000 plus costs and,
in default of payment of said fine and costs, or other maximum as
established by State law, to a term of imprisonment not to exceed
90 days. Each day that a violation of this Part continues or each
Section of this Part which shall be found to have been violated shall
constitute a separate offense.
2. If a tenant, occupant or owner of any real property within the Township
of Old Lycoming violates any provision of this Part, the Township
may correct the violation by contracting to have the violation removed
or having Township employees do the same, so that the said violation
is abated, and thereafter may collect all costs and expenses incurred
in connection with the violation by the tenant, occupant or owner.
The Township may collect all costs and expenses incurred in connection
with violation by civil action or municipal lien, which cost shall
include the actual cost to the Township and the Township's attorney's
fees and court costs.