Township of North Franklin, PA Trees, Shrubbery and Brush

The Board of Supervisors of North Franklin Township hereby agrees that trees, shrubs and brush in the Township can present a public nuisance. The Board believes it to be in the best interest of the Township, its residents and the public at large to set additional regulations for the removal of certain trees, shrubs and brush that have been declared nuisances and to establish penalties should violators fail to abate said nuisances.

§ 307-27 Certain trees, shrubbery or brush declared public nuisances.

Public nuisances:

Any trees, shrubbery or brush existing on public lands or on public streets or rights-of-way within the municipality and which is determined to be a nuisance, including but not limited to those which may impair and/or negatively impact site lines, ingress/egress of traffic flow, public works, emergency services, etc.

Any trees, shrubbery or brush existing on private property that have been determined to interfere with a public right-of-way, site lines, etc., shall be deemed a public nuisance.

Any trees, shrubbery or brush on private property that have been determined to be a fire or safety hazard shall be deemed a public nuisance.

§ 307-28 Removal/remedies.

Any person, property owner, entity, etc., that has a public nuisance on its property must remove said nuisance as follows:

Any trees, shrubbery or brush existing on private property and which is determined to be a public nuisance as herein provided may be cited under and enforced as set forth in Article II, Quality of Life. Any citation issued under Article II, Quality of Life, must set forth the time frame for compliance.

In the event the Township and/or its designee shall choose not to proceed under Article II, Quality of Life, a notice shall be provided notifying the public nuisance must be removed by the property owner, at the expense of the property owner, within 30 days of receiving notice from the Township that said trees, shrubbery or brush have been deemed a nuisance.

In the event of an emergency or should violator fail to remedy the public nuisance, the Township may remove the nuisance and invoice the property owner. Should the property owner fail to reimburse the Township for its costs, a municipal lien may be placed in accordance with the law.

§ 307-29 Township authority and discretion.

The Township and/or its designee shall have the sole authority to determine whether or not a nuisance exists. The intent of this article is not to settle and/or resolve private nuisance complaints.

§ 307-30 Violations and penalties.

In addition to those procedures and remedies set forth in § 307-28 herein, any person, entity, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and cost, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues or each section of this article which shall be found to have been violated shall constitute a separate offense.

§ 307-31 Abatement of nuisance by Township.

As an additional remedy, the Township may abate a nuisance which shall be deemed to occur upon conviction of any regulations set forth herein. Said abatement procedures shall include, but not be limited to, an action in the Court of Common Pleas of Washington County for injunctive relief, specific action by the Township to remove any nuisances with the cost thereof to be charged against the property owner and/or person violating this article, said cost including the actual cost for the abatement of the nuisance plus reasonable attorney, administrative and related fees.

§ 307-32 Repealer.

Any Township code sections, ordinances or resolutions or parts thereof which are in conflict herewith are hereby repealed.

§ 307-33 Severability.

In the event that any provision, section, sentence, clause, or part of this article is held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of the article, it being the intent of the Township Board of Supervisors that such remainder shall be and shall remain in full force and effect and, for this purpose, the provisions of this article are hereby declared to be severable.