Landowners within the Township shall be responsible for the care and maintenance, and, if required as set forth in this Chapter 153, shall be responsible for the removal of trees and shrubs growing within the Township right-of-way lying between their property line and the adjacent curb line of any street or alley upon which their property abuts or for any tree or portion(s) thereof on their property that may constitute a hazardous condition to the public, and in limited circumstances, to other private property owners.
[HISTORY: Adopted by the Board of Commissioners of the Township of Patterson 6-12-2025 by Ord. No. 486. Amendments noted where applicable.]
A.
It shall be the duty of the owners of all real estate located in the Township to trim and keep trimmed all trees and shrubs located upon their property or upon or along the abutting street or upon any portion of the Township right-of-way lying between their property and the curb line of any street or alley so that:
(1)
There shall at all times be a clear space of at least 14 feet between the lowest portion of every such tree or shrub and the surface of the street below; and
(2)
There shall at all times be a clear space of at least eight feet between the lowest portion of every such tree or shrub and the surface of the sidewalk below; and
(3)
No portion of any such tree or shrub shall extend horizontally onto the pathway of any street at any point less than 14 feet above the surface of that street, or onto any sidewalk at any point less than eight feet above the surface of that sidewalk.
B.
It shall be the duty of the owners of all real estate located in the Township or owners of such property adjacent to the Township right-of-way lying between their property and the curb line of any street or alley to trim and keep trimmed, or to remove all vegetation that is growing in such a manner as to impede passage on any abutting street or alley, whether on that real estate or on the adjacent Township right-of-way.
C.
It shall be the duty of the owners of all real estate located in the Township or owners of property adjacent to the Township right-of-way lying between their property and the curb line of any street or alley to remove all trees, shrubs, or other vegetation, and their roots, that are growing in such a manner as to cause the upheaval or disturbance of an abutting street, alley, or sidewalk and, as directed by the Board of Commissioners, to make or pay for the necessary repairs or reconstruction work to eliminate the disturbance or upheaval, whether on that real estate or on the adjacent Township right-of-way.
D.
It shall be the duty of the owners of all real estate located in the Township or owners of property adjacent to the Township right-of-way lying between their property and the curb line of any street or alley to keep public areas, hereinafter meaning any public right-of-way, park, easement, or other area under the control of the Township, free from hazardous trees, shrubs, or portions(s) thereof.
E.
Any failure to perform any duty required by this section shall constitute a violation.
Landowners, at their own expense, shall care for and maintain such trees on their property or on adjoining Township rights-of-way lying between their property and the curb line of any street or alley, so as to keep them free from disease, free of damaged or dead limbs, and free from any other condition which may constitute a hazard to persons or property lawfully on the public street, alley, sidewalk, entry walk or any other public area.
A.
The Township may select an Inspector, who shall be appointed by the Board of Commissioners, by motion, at a properly advertised meeting.
B.
Inspector duty generally. It shall be the duty of an Inspector to determine from time to time as directed by the Board of Commissioners, whether the trees growing on the Township right-of-way or any other public area under the control of the Township, are in good condition or whether they constitute a hazard to persons or property lawfully upon the public street or any other public area. The Inspector shall, in the event an inspection discloses a hazardous condition of any tree, determine whether such hazard can be corrected by pruning or other treatment, or whether the condition requires the removal of such tree. If the appointed Inspector is not an arborist, the Inspector may contact a reputable arborist for a further opinion prior to making his/her decision.
C.
Potentially hazardous trees in public areas. Trees in public areas, which, in the opinion of the Inspector, are seriously damaged, diseased, disfigured or constitute a hazard to the public or to trees on private property, may be removed or pruned by the Township. Prior to tree removal from Township rights-of-way or public areas, notice may be provided to the property owner(s) immediately adjacent to the tree(s) to be removed. Notice shall also be provided to the Board of Commissioners.
D.
Immediately hazardous trees in public areas. When, in the opinion of the Inspector, a tree or portion(s) of a tree in a Township right-of-way or public area constitutes an immediate hazard to persons or property, the Inspector shall order removal of the immediate hazard without notice.
E.
Potentially hazardous trees on private property or Township rights-of-way. Trees on private property or Township rights-of-way lying between private property and the curb lines of any street or alley, which, in the opinion of the Inspector, are sufficiently damaged, diseased or in such condition as to constitute a potential hazard to the public or to other trees on public property, may be ordered removed, partially removed, or treated. Property owners so ordered shall have 10 days following receipt of the order to appeal to the Board of Commissioners. The Board of Commissioners shall hear the appeal within 30 days of receipt of the appeal. Decisions of the Board of Commissioners shall be written, include findings of fact, and be appealable as provided by law. Should the Board of Commissioners determine that the tree should be removed, partially removed or treated, the property owner shall comply within 30 days. If the property owner shall fail or refuse to remove or treat said tree, the property owner shall be subject to the penalties set forth herein.
F.
Immediately hazardous trees on private property or Township rights-of-way. When, in the opinion of the Inspector, a tree or portion(s) of a tree on private property or Township rights-of-way lying between private property and the curb lines of any street or alley, which is infected with Dutch Elm Disease, other disease or otherwise constitutes an immediate hazard to the public or other trees on public or private property, the property owner shall immediately be notified of the hazard and requested to eliminate it. If the immediate hazard is not eliminated, the matter shall be considered by the Board of Commissioners at a public meeting. In the absence of a quorum of Commissioners at the next public meeting, the matter shall be considered at the following public meeting of the Board of Commissioners. Upon determination that the tree is an immediate threat or hazard, the Inspector is authorized to remove or order the removal of the tree or portion of the tree after five days' notice to the property owner. All costs for such work shall be assessed and, if not paid, shall be a lien against the property pursuant to § 153-14, below.
A.
Upon the Inspector's determination being made, the Township shall notify the landowner of the condition found by its Inspector and of the nature of the work required to be done to abate the hazard, or, if it is deemed necessary by the Inspector, the Township shall notify the landowner that he or she is required to remove the tree.
B.
The Township shall also notify the landowner, in writing, by U.S. First Class Mail and U.S. First-Class Mail, certified, return receipt requested, of the time in which such removal or work shall be completed, which shall not be less than 30 days from the date of the notice.
Upon receipt of an Inspector's notice, the landowner shall, within the time limit set forth in § 153-5 above, complete the work or removal of the tree, and shall within two days after the completion of the work notify the Township of the completion, so that inspection may be made to determine that the hazard is abated or removed.
Landowners may make such repairs as they may desire to trees in the Township right-of-way, or may remove those trees, provided only that no less than 20 days prior to making any repair or removal, a landowner notifies the Township Secretary, in writing, of the landowner's intention, to allow the Township Inspector to determine whether protection of persons or property on the public street or entry walk is required. If it is determined that public protection is required, the landowner shall be notified of the required protection and shall not repair or remove trees until said protection is furnished.
Upon removal of a tree on the Township right-of-way or public area, voluntarily or pursuant to Inspector notice, the landowners shall notify the Township of their intention regarding replacement of a tree or whether no replacement of a tree is contemplated. Should the landowner intend on replacing the tree, the landowner shall notify the Township secretary no less than 20 days prior to replacement and specify the type or species of tree to be supplied, shall confirm with the Township that the tree is suitable for planting, and shall notify the Township of the time and place of planting.
It shall be unlawful to injure any tree now growing on any Township property.
It shall be unlawful for any landowner, individual, person, corporation, company, firm, association, or the like, or the servants, agents or other employees thereof, to attach to any tree on the Township right-of-way any wire, other than as required for support of the tree, without permission of the Township.
No tree or shrub shall be planted or maintained in a position which impedes or cuts off the view of a street from an intersecting street.
The Township shall have the right to enter upon said Township rights-of-way or upon adjacent property, to prune, remove or otherwise shape trees on it for the purpose of removing hazardous conditions to the Township's streets, alleys, sidewalks, pathways or public areas.
No person, other than approved agents of the Township or a landowner, or public entities, described herein, upon direction of the Township shall have the right to trim or shape trees within the Township right-of-way or public areas. Further, public entities, may, in order to access its lines, services, etc., trim or shape trees within the Township right-of-way or public areas. The public entities referred to in this section include, but are not limited to, electric companies, gas companies, phone companies, cable companies, municipal authorities and the like.
In the event that a landowner, who has been notified pursuant to § 153-5 above to abate a hazard, perform other repair work, or remove a tree, has failed or neglected to do so for a period of 30 days following the notice given to the landowner, the Township may complete the repairs or removal of the tree and charge the cost thereof to the landowner, said cost of repair or removal to be collected by a suit or lien against the landowner and/or the landowner's property, pursuant to applicable law, for the recovery of the repairs or removal of the tree, plus any additional Township costs.
A.
Any person, firm or corporation who violates any provision of this chapter as set forth in its entirety shall be subject to prosecution before a Magisterial District Judge and, upon conviction, shall be fined not more than $600, plus court costs and reasonable attorney's fees incurred by the Township in the enforcement proceedings, and in default of payment of such fines, costs and fees, imprisoned in the Beaver County Jail for a period not exceeding 30 days.
B.
Each and every day that a violation of this chapter occurs shall constitute a separate offense.