A Shade Tree Commission is hereby created in and for the City
of Monessen. Said Commission shall be constituted as provided by law
and shall perform all the duties and may exercise all the powers conferred
by law upon shade tree commissions of cities of the third class.
The Shade Tree Commission shall have the authority and jurisdiction,
with approval of the Mayor and Council, of regulating the planting,
maintenance and removal of trees on streets and other publicly owned
property, to ensure safety or preserve the aesthetics of such public
sites. All actions to plant new trees, prune (canopy and root) and/or
remove existing trees shall be taken following a public meeting, and
by approval from the Mayor and City Council. Advertisements for such
meetings shall be in accordance with the Sunshine Act of the Commonwealth
of Pennsylvania. The bylaws of the Shade Tree Commission shall determine
the frequency of said meetings and the agenda for each.
The costs of activities under this article may, at the Council's
discretion, be assessed against the owners of the properties abutting
the street, sidewalk or right-of-way upon which any tree is located
pursuant to Chapter 145A of the Third Class City Code, except that
the cost and expense of caring for trees after they have been planted
shall be paid by the City.
Any person who violates any provision of this article shall,
upon conviction thereof, be guilty of a summary offense punishable
by a fine of not more than $300 and costs of such proceedings. The
continuation of any violation for each successive day shall constitute
a separate offense, and the person or persons allowing or permitting
the continuation of the violation may be punished as provided for
each separate offense.
Any property owner aggrieved by any regulation for the care
and protection of shade trees in the City may apply to the Commission
for a variance by filling out a shade tree variance request. Any granting
of a variance must be approved by the Mayor and Council upon recommendation
of the Shade Tree Commission.
All ordinances or resolutions or parts of ordinances or resolutions
insofar as they are inconsistent herewith are hereby repealed and
rescinded.
In the event any provision, section, sentence, clause or part
of this article shall be held to be invalid, such invalidity shall
not affect or impair any of the remaining provisions, sections, sentences,
clauses, or parts of this article, it being the intent of the City
of Monessen that the remainder of the article shall be and shall remain
in full force and effect.
This article shall become effective 10 days after enactment.