[HISTORY: Adopted by the Board of Supervisors of Caernarvon Township 2-14-2024 by Ord. No. 320. Amendments noted where applicable.]
The Board of Supervisors may by this chapter require owners of property to cut or remove trees located on their property if the condition of the trees, through disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of public roads or property.
The Township shall provide property owners with 30 days notice by certified mail, return receipt requested, to remove or cut trees on their property. If within 30 days after the date of notice to cut or remove the trees the property owner has not complied with that order, the Board of Supervisors or their representative may enter the premises and cut or remove the trees. All logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of any trees shall be surrendered to and remain the property of the property owners.
The cost of cutting or removal of trees by the Township shall be charged to the property owner. The charge shall be a lien against the real estate of the property owner and shall be collected in the same manner as other municipal liens in accordance with the Municipal Claims and Tax Liens Law, 53 P.S. § 7101, et seq.
In addition to the cost of the tree removal being charged to the property owner, this chapter may be enforced by action brought before a Magisterial District Judge in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who violates or permits the violation of this chapter shall, upon conviction in a summary proceeding, be punishable by a fine of not more than $1,000 or by imprisonment for a term not exceeding 90 days. The Municipal Solicitor may assume charge of the prosecution without the consent of the District Attorney as required under Pa.R.Crim.P. 83(c).
The provisions of this chapter shall be severable and, if any of the provisions hereof shall be held invalid or unenforceable, the remaining provisions of this chapter shall remain in effect.
All ordinances or parts of ordinances conflicting with any of the provisions of this chapter are hereby repealed in so far as same affects this article.