1022.01 NOTICE OF PROPOSED TREE PLANTING OR REMOVAL
Whenever the Shade Tree Commission proposes to plant, transplant, or remove shade trees on any street or highway, notice of the time and place of the meeting at which such work is to be considered shall be given in a newspaper of general circulation in the Township, once a week for two weeks, immediately preceding the time of the meeting. The notice shall specify in detail the streets or highways, or portions thereof, upon which trees are proposed to be so planted, replanted, or removed.
1022.02 COST RESPONSIBILITY
The cost of planting, transplanting, or removing any shade trees in the streets or highways of the Township, of the necessary and suitable guards, curbing, or grading for the protection thereof, and of the replacing of any pavement or sidewalk necessarily disturbed in the execution of such work, shall be paid by the owner of the real estate in front of whose property the work is done. The amount each owner is to pay shall be ascertained and certified by the Shade Tree Commission to the Township Commissioners and to the Township Treasurer.
1022.03 REMOVAL OF DISEASED TREES
The Shade Tree Commission may, upon thirty days written notice, require owners of property to cut and remove trees afflicted with the Dutch elm disease or with other diseases which threaten to injure or destroy shade trees in the Township, under regulations promulgated by the Commission.
Upon failure of any such owner to comply with such notice, the Township may cause the work to be done by the Township and levy and collect the cost thereof from the owner of the property. The cost of such work shall be a lien upon the premises from time to time of the commencement of the work, which date shall be fixed by the Township Engineer and shall be filed with the Township Secretary. Any such lien may be collected by an action in assumpsit or by a lien filed in the manner provided by law for the filing and collection of municipal liens.
1022.04 NOTICE OF ASSESSMENTS
Upon the filing of a certificate with the Board of Township Commissioners, the Township Secretary shall cause thirty days written notice to be given to the persons against whose property an assessment has been made. The notice shall state the amount of the assessment and the time and place for payment thereof, and shall be accompanied by a copy of the certificate. The amount assessed against the real estate shall be a lien from the time of the filing of the certificate with the Township Commissioners, and, if not paid within the time designated in the notice, a claim may be filed and collected by the Township in the same manner as municipal claims are filed and collected.
1022.05 STUMPS TO BE REMOVED OR BURIED
Whenever any tree is removed pursuant to Section 1022.06, the stump of the tree so removed shall either be taken out or cut below the surface of the ground and buried.
1022.06 REPLACEMENT OF REMOVED TREES
Whenever any shade tree is removed or otherwise destroyed, whether pursuant to this chapter or otherwise, a new shade tree, approved by the Shade Tree Commission, shall be planted in replacement thereof during the next planting season, provided that a new tree shall not be required to be planted if another shade tree is growing within thirty feet of the removed tree. Notwithstanding this provision, the Commission may require that a new tree be planted in substitution of the one removed.
No person shall violate any of the provisions of this chapter or the regulations of the Shade Tree Commission. Any penalty so assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected. All penalties or assessments imposed under this chapter, shall be paid to the Township Treasurer to the credit of the Shade Tree Commission, and shall be subject to be drawn upon by the Commission for the purposes hereinabove provided.
1022.08 OBSTRUCTION OF RIGHTS-OF-WAY
(a) The property owner is responsible for all trees on real estate owned by them and along streets, alleys, and sidewalks abutting such real estate, including the area between the sidewalk and the curb of the street.
(b) The Tree Commission, Commissioner, or designated representative may determine a tree, branch, or any portion of the tree, a nuisance by declaring it to be unsafe and its removal as necessary for the safety of the community.
(c) The Tree Commission, Commissioner, or designated representative may, upon fifteen days written notice to the property owner, require the removal of the designated tree, branch, or any portion of said tree, excepting where there is imminent danger and in such case, notice, if any, shall be given in such method and form which is practical under the existing circumstances. Upon the failure of the owner to do so, the Township may cause the work to be done and collect the costs thereof from the owner of the property by providing the owner thirty days’ written notice to submit payment of the cost incurred for removal, and upon failure to do so file a lien against the property for the costs of removal plus legal costs associated with filing a municipal lien. Any such lien may be collected by an action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
(d) Upon receipt of the notice to remove a tree, branch, or any portion thereof, except where imminent danger exists, the owner may appeal the determination by filing a written request, prior to the fifteen-day limit in the letter to the property owner, to appear before the Board of Commissioners at a regularly scheduled meeting. The Board will hear such matters as may be presented by the owner. Notice of the time and place of such meeting shall be given to the affected owner. The redetermination of the Board of Commissioners shall be final and shall set forth the time within which any tree or portion of tree shall be cut and removed by the owner.
The Shade Tree Commission may assess penalties according to a uniform scale not exceeding one hundred dollars ($100.00) for the violation of this chapter or the regulations of the Commission. Any penalty so assessed shall be a lien upon the real estate of the offender, and may be collected as municipal claims are collected. All penalties or assessments imposed under this chapter shall be paid to the Township Treasurer to the credit of the Shade Tree Commission and shall be subject to be drawn upon by the Commission for the purposes hereinabove provided.