[Adopted 9-5-2019 by Ord. No. 20-20-2019; amended in its
entirety 9-1-2022 by Ord. No. 22-10-2022]
A.
It shall be the duty of the owner of any lands in the Township of
Kingwood to:
(1)
Maintain and keep living trees and or shrubbery in the road right-of-way
or trees which threaten the road right-of-way of any road in the Township
in a manner so as to keep the right-of-way safe to preserve the public
health, safety and general welfare and to remove dead or dying trees
and/or branches. Bamboo, ornamental grass and other similar plants
shall be considered shrubbery for the purpose of this section.
(2)
Maintain and keep the right-of-way free of garbage, trash and other
debris for the purpose of preserving the public health, safety and
general welfare of the public.
B.
On and after the effective date of this article, no structures, fences
or obstructions shall be placed in the road right-of-way. No shrubbery
or trees that will be placed in the right-of-way shall interfere with
the sight distance from any property and/or under utility lines. The
foregoing shall not be deemed to prohibit the placement of mailboxes
and house numbers in the right-of-way.
C.
Existing trees and shrubbery shall be maintained so as not to interfere
with the sight distance from any property and to keep the right-of-way
safe to preserve the public health, safety and general welfare.
If any condition exists that violates this article, the Township
Zoning Officer or the Supervisor of the Department of Public Works
shall notify the owner of the property of such condition or conditions,
in writing, by regular mail or personal delivery. The owner of the
property shall have 45 days from the date of such written notice to
correct the condition or conditions so noticed. The Zoning Officer
or the Supervisor of the Department of Public Works shall reinspect
the lands in question after the forty-five-day period has expired
to determine if the condition or conditions have been abated or remedied.
If the owner of the lands in question fails to abate or remediate
the condition or conditions noticed by the Zoning Officer or the Supervisor
of the Department of Public Works within 45 days of the notice, the
following shall occur:
A.
A complaint shall be issued by the Zoning Officer or the Supervisor
of the Department of Public Works for the violation or violations
of this article, which complaint shall be brought before the Municipal
Court of the Township of Kingwood.
B.
If it is necessary to preserve the public health, safety or general
welfare of the Township, the Zoning Officer or the Supervisor of the
Department of Public Works shall cause the condition or conditions
complained about to be abated or remedied and shall certify the cost
of abatement or remediation to the Township Committee of the Township
of Kingwood. The amount of such abatement or remediation shall be
paid by the owner, tenant or person in possession within 10 days of
the date of the mailing by which the invoice is sent to the aforesaid
person.
C.
If the said invoice is not so paid, the amount so charged shall be
added to and become a part of the taxes next to be assessed upon the
lands in question and shall bear interest at the same rate as municipal
real estate taxes, and shall be collected and enforced by the same
officer and in the same manner as delinquent taxes.
For each day the condition or conditions complained of continue to exist after the forty-five-day period has expired, the owner in possession shall be subject to the penalty provisions in Chapter 1, General Provisions, Article II, General Penalties, of the Township Code, for each and every day the condition or conditions exist.
