Borough of Sinking Spring, PA Trees and Shrubbery

It shall be the duty of every owner of real estate in the Borough abutting on any public street or alley to so maintain any tree or trees located on such owner's property so that branches thereof do not extend over the sidewalk at a lower height than eight feet above the sidewalk or over the cartway of any public street or alley in the Borough at a lower height than 16 feet above the surface of the street or alley or over the sidewalk or cartway of any public street or alley in a manner that obstructs the visibility of traffic signs or signals thereby contributing to a hazardous traffic situation, notwithstanding compliance with the height requirements aforesaid.

§ 179-2 Trees to be maintained to prevent damage to pavement.

It shall be the duty of every owner of real property in the Borough abutting on any public street or alley to so maintain any tree located on such owner's property so that the trunk or roots thereof shall not cause irregularities in the paving of the cartway or sidewalk of any such street or alley or extend out of the soil in such a manner as to interfere with the reasonable use of the sidewalk or cartway.

§ 179-3 Hedges and shrubbery to be trimmed back from pavement.

It shall be the duty of every owner of real property in the Borough abutting on any public street or alley to keep any hedge or shrubbery on said property trimmed so that the portion thereof nearest the sidewalk shall not extend closer than six inches from the improved pavement thereon.

§ 179-4 Notice of violation.

[Amended 1-8-1987 by Ord. No. 467]

It shall be the duty of the Borough Council to notify the owner of any real property of any tree or shrubbery condition existing on such property in violation of the provisions of §§ 179-1, 179-2 and 179-3 of this chapter by notice, in writing, delivered to the said owner if the owner is in possession of the said real property or, if the owner is not in possession, to the tenant or occupier or, if no one is in possession or the owner is unknown, then by posting a notice upon a conspicuous part of the property in question. Said notice shall specify the respects in which the provisions of §§ 179-1, 179-2 and 179-3 of this chapter are violated and shall require the said owner to remedy the same within 30 days after the service or posting of the said notice.

§ 179-5 Failure to comply with notice.

[Amended 1-8-1987 by Ord. No. 467]

If, upon the expiration of the period specified in the notice provided for in § 179-4 hereof, the terms of the said notice shall not have been complied with, the tree or shrubbery condition existing in violation of the provisions of §§ 179-1, 179-2 and 179-3 of this chapter be and the same is hereby declared to be a nuisance, and the Borough Council is hereby authorized and directed to abate the same by trimming, cutting or removing such tree or shrubbery.

§ 179-6 Recovery of costs.

The cost of trimming, cutting or removing tree or shrubbery when done pursuant to the provisions of § 179-5 of this chapter shall be recoverable against the owner of the said real property in the same manner in which debts of like nature are by law recoverable.

§ 179-7 Violations and penalties.

[Added 1-8-1987 by Ord. No. 467; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

Any person, firm or corporation violating any provision of this chapter shall, upon being found liable therefor, pay a fine of not more than $600, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. If the penalty is not paid, the Borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. Each day a 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 Berks County.