The Department of Public Works shall have jurisdiction, authority, control, supervision and direction over all plants, trees and shrubs planted or growing in or upon the public streets and public places of the City and the planting, removal, care, maintenance and protection thereof.
As used in this article, unless the context or subject matter otherwise requires:
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from lands or buildings abutting a public street, roadway, or highway.
No person shall, without a written permit from the Chief Engineer, cut, remove, plant, break or injure any tree, plant or shrub in any of the streets or public places of the City.
It shall be unlawful for any person to injure, misuse or remove any device placed or intended to protect any tree, plant or shrub in any part of the streets or public places in the City.[1]
[1]
Editor's Note: Former Section 44.35, Hitching animals, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. IV).
It shall be unlawful for the owner, lessee or occupant or any agent, servant, representative or employee or any such owner or lessee or occupant having control of any occupied or unoccupied lot or land or any part of land thereof in the City of Lackawanna to permit or maintain the growth along any driveway between the street, road or highway and any structure of any shrubs, bushes, trees, grass, weeds and other vegetation above a height of 36 inches measured from the surface of such driveway.
No fence, wall, hedge, shrub, planting or tree foliage which obstructs sight lines at elevations between two and six feet above the roadway or sidewalk shall be placed or permitted to remain on any corner lot in the triangular area formed by intersecting street property lines and a line connecting them at points 50 feet distant from their intersection, or in the case of a rounded or cut-off corner from the intersection of such lines extended.
If the provisions of §§ 194-17 and 194-18 are not complied with, the Director of Development shall serve, either personally or by certified or registered mail, written notice upon the owner, lessee or occupants or any person having the care or control of any such lot or land to comply with the provisions of this article. If service is by mail, such notice is sufficient if mailed to the last known address of the owner, occupant or agent. If the person upon whom the notice is served, neglects or refuses to cut and remove or cause to be cut and removed such shrubs, bushes, trees, grass, weeds and other vegetation within five days after receipt of such notice; or if no person can be found in the City of Lackawanna who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Department of Public Works shall cause such shrubs, bushes, trees, grass, weeds and other vegetation adjacent to driveways abutting on City streets to be cut and removed, and the actual cost of such cutting and removal plus $25 for inspection and other additional costs in connection therewith, shall be certified by the Department of Public Works to the Department of Administration and Finance and shall thereupon become and be a lien upon the property on which such shrubs, bushes, trees, grass, weeds and other vegetation were located and shall be added and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as taxes and shall be collected and enforced by the same officer and in the same manner as general City taxes.