[Ord. 2360, passed 7-11-2001]
For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The masculine shall include the feminine and the neuter.
PENN HILLS
The Municipality of Penn Hills.
PERSON
Any individual, partnership, association, firm, corporation, group, company, society, or any other combination of human beings whether legal or natural.
[Ord. 2360, passed 7-11-2001]
It shall be unlawful for any person within the Municipality to plant, maintain or allow to grow any [designate type of species of tree or any tree], or other vegetative growth, within the lines of any street, alley, sidewalk, or municipal easement or right-of-way or within [designate number of feet] of any public or private sewer or to maintain or allow to grow any tree or vegetative growth or the roots of which have been identified to obstruct, interfere with or cause damage to, or is in dangerous proximity with, any curb, gutter, street, sidewalk, sewer or public utility.
[Ord. 2360, passed 7-11-2001]
Every owner or occupant of property within the Municipality shall be required to keep limbs and branches of all trees or other vegetative growth growing upon such property in such condition that no part of such limbs or branches or of the foliage growing thereupon shall have clearance of less than 10 feet above the surface of the sidewalk or of less than 14 feet above the surface of the roadway of any street or alley.
[Ord. 2360, passed 7-11-2001]
It shall be the responsibility of all property owners or occupants thereof within the Municipality to conform to the requirements of this chapter regarding trees and other vegetative growth upon property owned or occupied by them, or along streets, alleys and sidewalks abutting such property or upon any area within a municipal easement or right-of-way, and, upon notice from the Municipality, to remove any tree or trees or other vegetative growth growing in violation of § 640.02, and to trim or cut the branches on limbs of trees or other vegetative growth as required by § 640.03. Any person failing to comply with any such notice, within the time limit stated herein, shall be in violation of this chapter. Any trees, vegetative growth or any parts of which are located upon any property in violation of any of the provisions of this chapter is hereby declared to be a nuisance and detrimental to the health, safety and welfare of the residents of the Municipality.
[Ord. 2360, passed 7-11-2001]
The Municipality, or any officer or employee of the Municipality designated thereby for this purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any property whereon trees or other vegetative growth or any parts of which are growing or remaining in violation of the provisions of this chapter, directing and requiring such owner or occupant to remove, trim or cut such tree or trees or other vegetative growth so as to conform to the requirements of this chapter, within 30 days after issuance of such notice. Whenever in the judgment of the Municipality or any officer or employee thereof, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Municipality or any officer or employee of the Municipality designated thereby for such purpose, may give notice by posting conspicuously on the property where such nuisance exists, a notice or order directing and requiring that such nuisance be abated within 30 days. In case any person shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Municipality may order the removal, trimming or cutting of such tree or other vegetative growth or any parts of it, and the cost thereof, together with a penalty of 10% of the cost thereof, which shall be collected by the Municipality from such person in any manner provided by law.
[Ord. 2360, passed 7-11-2001]
The Municipality, or any officer or employee of Penn Hills designated thereby for such purpose, shall, from time to time, seek entry to private property in order to inspect the trees and/or other vegetative growth located upon the property. Such person shall first seek the property owner's and/or occupant's permission to conduct such an inspection. If the owner or occupant refuses or ignores the request of the Municipality to enter the property for purposes of inspection as stated herein, the Municipality or any of its officers or employees may seek, from a court or magistrate of competent jurisdiction, a warrant to inspect the property in accordance with this chapter. Should a condition of extreme danger be known to exist, the warrant requirements of this section may be dispensed with, but only if there is reasonable cause to believe that the delay involved in compliance with the warrant requirement would pose a serious imminent danger to person(s) or property.
[Ord. 2360, passed 7-11-2001]
The remedies provided herein for the enforcement of this chapter, or any remedy provided by law, shall not be deemed mutually exclusive; rather they may be employed simultaneously or consecutively, at the option of the Municipality.
[Ord. 2360, passed 7-11-2001]
Any person who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $600, and/or to undergo imprisonment for a term not to exceed 90 days. Each day that a violation of this chapter continues after notice shall constitute a separate offense.