[Ord. 251, 3/9/1970; as amended by Ord. 390, 2/14/2011, § A]
1. The following words and phrases, when used in this Part, shall have
the meanings hereby ascribed to them, except in those instances where
the context clearly indicates a different meaning.
COMMISSION
The Borough Council of the Borough acting in its capacity
as a Shade Tree Commission.
NUISANCE TREE
Any tree, shrub or other woody plant, including shade trees,
which have been inspected by the Mayor of the Borough or his designee,
and found by the Mayor or his designee to be a nuisance due to the
tree's condition, based on the tree's condition or likelihood
of collapse.
PERMIT
Any permit in writing as issued by the Borough Secretary.
PERSON
Any natural person, firm, association, partnership or corporation.
PUBLIC HIGHWAY
Any street, sidewalk or alley or public right-of-way open
to the public.
SECRETARY
The Borough Secretary in his capacity as Secretary of the
Shade Tree Commission.
SHADE TREE
Any tree, shrub or other woody plant on any public highway
in the Borough, or that part of any tree, shrub or other woody plant
which extends within the line of any public highway.
2. In this Part the singular shall include the plural, and the masculine
shall include the feminine.
[Ord. 251, 3/9/1970; as amended by Ord. 390, 2/14/2011, § B]
The Commission shall have exclusive custody and control of the
shade trees in the Borough and is authorized to plant, maintain and
protect shade trees on the public highways in the Borough. The Commission,
Borough Council, and the Mayor, or his designee, shall have the authority
to order the removal of a nuisance tree.
[Ord. 251, 3/9/1970]
In connection with any building operation or the performance
of any work whatsoever in the Borough in the vicinity of any shade
tree, before any work shall be commenced, guards shall be placed at
all shade trees which might be affected by such work, so as effectually
to prevent injury to them.
[Ord. 251, 3/9/1970]
The Commission may, upon 20 days' notice posted upon the
property or mailed to the address of the owner as shown upon the tax
assessment books, require the owners of such property to cut and remove
plants, shrubs and trees afflicted with the Dutch elm or other disease
or which have died or become injured or damaged from causes known
or unknown and which threaten, within the opinion of the Commission,
to injure or destroy persons or property, plants, shrubs and shade
trees in the Borough. Upon failure of any such owner to comply with
such notice, the Borough may cause the work to be done by the Borough
and levy and collect the cost thereof from the owner of the property.
The cost of such work shall be a lien upon the premises from the time
of the commencement of the work, which date shall be fixed by the
Borough Engineer and shall be filed with the Borough Secretary. Any
such lien may be collected by action in assumpsit or by lien filed
in the manner provided by law for the filing and collection of municipal
claims.
[Ord. 251, 3/9/1970; as added by Ord. 390, 2/14/2011, § C]
The notice to the owner under §
25-106 may be reduced to less than 20 days if the Mayor of Thornburg or his designee determines that a shorter notice period is necessary to protect the public from a nuisance posed by any plant, shrub or tree, or if the condition of the plant, shrub or tree is so dangerous that it creates an emergency situation that must be rectified in order to protect the public.
[Ord. 251, 3/9/1970]
The application for any permit required hereunder shall be made
in writing to the Secretary. It shall specify the particular kind
of work or operation the applicant desires to perform thereunder and
shall state the exact location and the species of any tree affected.
It shall be the duty of the Secretary to submit every such application
promptly to the Commission for approval or disapproval. The permit
shall be effective for such length of time as the Commission shall
in each case determine, and such time shall be indicated on the permit.
Any such permit may be revoked at any time upon proof satisfactory
to the Commission that any of the terms or conditions upon which such
permit was issued are or have been violated. The Commission, in its
sole discretion, may, as a condition precedent to the issuance of
the permit, require the applicant to file a bond satisfactory to the
Commission or to deposit security satisfactory to it to guarantee
the compliance by the applicant with terms and conditions upon which
such permit is issued.
[Ord. 251, 3/9/1970; as amended by Ord. 390, 2/14/2011, § D]
The provisions of this Part may be enforced by the Borough Council,
the Shade Tree Commission, the Mayor, and the local police department.
[Ord. 251, 3/9/1970; as amended by Ord. 357, 12/13/1996, § 88-9; and by Ord. 387, 12/14/2009]
Any person, firm or corporation who shall violate any provision
of this Part, upon conviction thereof, shall be sentenced to pay a
fine of not more than $600 plus costs and, in default of payment of
said fine and costs, to a term of imprisonment not to exceed 30 days.
Each day that a violation of this Part continues shall constitute
a separate offense.