[HISTORY: Adopted by the Borough Council of the Borough of Avondale 4-26-2011 by Ord. No. 233. Amendments noted where applicable.]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
In this chapter, the following terms shall have the meanings indicated in this section, unless the context clearly indicates otherwise:
BOROUGH
The Borough of Avondale, Chester County, Pennsylvania, a Pennsylvania political subdivision and municipal corporation.
BOROUGH STREET
A street owned by the Borough and located within a Borough street right-of-way.
BOROUGH STREET RIGHT-OF-WAY
A public street right-of-way owned by the Borough.
NUISANCE CONDITION(S)
A condition(s) of a tree and/or other vegetation which is a public nuisance with respect to the use of a Borough street or Borough street right-of-way, as more specifically described in § 391-2.
PERSON(S)
A natural person, corporation, partnership, association, church, religious society and/or any and/or all legal entity(ies) capable of owning an interest in land. The plural use is more than one person.
PROPERTY
The real property where trees or vegetation requiring inspection, maintenance or abatement pursuant to this chapter are located.
PROPERTY OWNER(S)
The owner(s) of legal and/or equitable title to property.
RESPONSIBLE PARTY(IES)
Any and all property owner(s) and/or person(s) [e.g., lessee(s) or tenant(s)] in possession of the property where trees or vegetation, requiring inspection, maintenance or abatement pursuant to this chapter, are located. The plural use is more than one responsibility party.
STREET
A street, road, alley or other thoroughfare improved for and used by the public for vehicular travel pursuant to a public right-of-way, together with all other street improvements.
STREET IMPROVEMENT(S)
Those improvements, structures and facilities located within the Borough street right-of-way and any additional easement(s) for such improvements, which include, without limitation, the cartway, shoulder, curbs, public parking areas, public sidewalks, stormwater drainage structures designed to control road runoff, streetlights, traffic information, direction and control signage and devices and wires or other facilities of any and all public utilities.
The following are nuisance conditions and are declared to be a public nuisance:
A. 
A tree or part of a tree, regardless of where located (e.g., inside of or outside of the Borough street right-of-way) which:
(1) 
Obstructs or interferes with the safe use of the Borough street right-of-way for street or any other public purposes;
(2) 
Damages or interferes with street improvements, or
(3) 
Poses a danger of obstructing or interfering with the safe use of the Borough street right-of-way for street or any other public purpose, or poses a threat of damaging or interfering with street improvements for any reason, including, without limitation, because the tree is dead, dying, diseased, bug-infested, unstable or structurally compromised;
B. 
Any tree branch(es) or other vegetation which is directly over the Borough street cartway or the area within four feet (horizontally) of such cartway at a height of less than 15 feet above the elevation of the cartway, or less than 10 feet above any public parking area or sidewalk within the Borough street right-of-way;
C. 
Any tree or part of a tree that has fallen onto the Borough street cartway, sidewalk, or public parking area or the area within four feet thereof;
D. 
Any vegetation which blocks sight distance needed for the safe use of a Borough street for street purposes;
E. 
Any tree or part of a tree or any vegetation which is in fact a public nuisance.
Each responsibility party shall, with respect to all property the responsibility party owns or is in possession of:
A. 
Inspect regularly such property so as to identify promptly any and all nuisance condition(s) on such property; and
B. 
Promptly abate all nuisance conditions in a safe manner, in compliance with this chapter and all other applicable regulations.
A. 
Whenever a responsibility party causes a tree or other vegetation located on property that such responsibility party owns or has possession of to be pruned or removed, and such tree or vegetation is within the Borough street right-of-way or the work could affect street improvements or the safe use of the Borough street right-of-way for street or any other lawful public purpose or the condition of the Borough street right-of-way or a street improvement, the responsibility party shall comply with the following:
(1) 
A Borough permit shall be secured prior to beginning any such work;
(2) 
All such work shall be done only by persons qualified to do the work, which persons shall provide the Borough with proof of casualty and liability insurance reasonably acceptable to the Borough prior to beginning work;
(3) 
All work shall be done in a safe manner and in compliance with all applicable regulations;
(4) 
All traffic control appropriate to insure public safety shall be provided by the responsibility party;
(5) 
All costs of the work and compliance with this chapter and all other applicable regulations shall be paid by the responsibility party;
(6) 
No debris, stumps, cut branches, wood chips, cut brush and/or other waste material shall be left in the Borough street right-of-way, and all such material shall be removed and disposed of properly;
(7) 
Cease any such work immediately upon being issued an order to do so by an official of the Borough because the work is not in compliance with this section.
B. 
Whenever work subject to this § 391-4 is done, the responsibility party(ies) and the person and/or legal entity doing the work shall be jointly and severally liable to the Borough for any damages and/or costs incurred by the Borough to the maximum extent allowed by law.
A. 
If the Borough determines that a nuisance condition exists, the Borough may give written notice to the responsibility party(ies) or the agent of any such party(ies). The notice shall identify the nature of the nuisance condition, the property where the nuisance condition is located and the time within which the Borough requires such nuisance condition to be abated. The time allowed for the abatement of the nuisance condition shall be determined by the Borough in its reasonable discretion, taking into account the danger posed by the nuisance condition and the amount of time reasonably required to accomplish the abatement. Such notice shall be effective when given personally to the record owner of the property and/or to any responsibility party or on the third business day after being mailed, by certified U.S. Mail, return receipt requested, and regular mail, to the record or last known address of the responsibility party, whichever is earlier.
B. 
If, after the time required for abatement specified in the Borough's notice, the nuisance condition is not abated completely in compliance with this chapter, the Borough may, without limitation:
(1) 
Initiate and prosecute any legal and/or equitable action against the responsibility party(ies), or any of them, to require them to abate the nuisance condition;
(2) 
Abate the nuisance condition itself, recover the costs incurred by the Borough for such abatement, along with any statutory penalty and attorneys fees and costs from the property owner and any other responsibility party, and file and collect a lien for the Borough's abatement costs and costs of collection; and/or
(3) 
Take any other action(s) authorized by law.
C. 
If, in the Borough's reasonable judgment, the public health, safety and welfare require that a nuisance condition be abated in a time that does not permit the giving of written notice to the responsibility party(ies), or any of them, or, if, during the period for abatement required by any Borough notice, the Borough determines that the nuisance condition requires immediate abatement, the Borough may abate the nuisance condition without giving prior notice or notwithstanding any notice already given. In such circumstances, a responsibility party's lack of notice and opportunity to abate shall not preclude the Borough from abating the nuisance condition or impair the Borough's claim for its costs against any responsibility party.
No person shall plant, cause or allow to be planted any tree within the Borough street right-of-way without first being issued a Borough permit therefor. The Borough, without limitation and in its discretion, may refuse to issue a permit if the Borough determines that the tree would grow into or obstruct the safety of the Borough street right-of-way for street or other lawful public purposes, or interfere with street improvements.
Except for actions authorized by a permit issued as provided for in § 391-4 hereof, no person shall or attempt to damage, kill or affix anything to any tree within a Borough street right-of-way.
Borough Council, from time to time, may set, by written resolution, fees for permits required under this chapter.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any responsible party allowing a nuisance condition to continue after reasonable time to discover and abate such condition has passed and/or after receiving written notice from the Borough to abate any nuisance condition shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Chester County.
Responsible parties are jointly and severally liable to the Borough for any and all damages and/or costs incurred by the Borough or to which the Borough is entitled under law because of a responsibility party's breach of a duty hereunder or any other duty with respect to a nuisance condition.
Nothing in this chapter is intended to or shall limit the Borough's regulatory authority, its authority to abate nuisances and recover its costs therefor, any other amounts it is authorized to collect and/or any Borough rights with respect to the use of the Borough street right-of-way.
Nothing in this chapter is intended to or shall create any new Borough duty and/or liability with respect to the inspection for and/or abatement of any nuisance condition and/or to waive any immunity whatsoever.