[HISTORY: Adopted by the Board of Commissioners of the Township of Muhlenberg 12-4-1967 by Ord. No. 71. Amendments noted where applicable.]
A Shade Tree Commission is hereby created in and for the Township of Muhlenberg. Said Shade Tree Commission shall be constituted as provided by law and shall perform all the duties and may exercise all the powers conferred by law upon such Shade Tree Commission.
The Township Commissioners do hereby confer on the Park Board of the Township all of the powers and all of the duties prescribed by law and particularly by the Act of June 24, 1931, P.L. 1206, Article XXX, Sections 3020 through 3031, as amended, for Shade Tree Commissions of First Class townships.
Editor's Note: See 53 P.S. §§ 58020 through 58031.
The Park Board, acting as a Shade Tree Commission, shall have exclusive custody and control of the shade trees in the Township and is authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the Township.
The Park Board, acting as a Shade Tree Commission for this Township, may make, publish and enforce any and all such rules and regulations for the care and protection of the shade trees of this Township as it may from time to time prescribe, provided that all such rules and regulations shall first be approved by the Township Commissioners and duly published as required by law.
The Park Board, acting as a Shade Tree Commission, shall annually report to the Township Commissioners its transactions and expenses for the last fiscal year of the Township immediately preceding such report. The Board, for this purpose, may incorporate any and all such transactions and expenses in its regular report to the Township Commissioners.
The Park Board, acting as a Shade Tree Commission, may, upon giving 30 days' written notice to the owners of property upon which any shade trees are situate which are found to be afflicted with the Dutch elm disease or any other disease of a nature which threatens to injure or destroy shade trees within the Township, require such owners to cut down and remove any such trees so afflicted within said thirty-day-notice period. Upon failure of any such owner to comply with such notice to cut down and remove such trees, the Township may cause the work to be done by or at the direction of the Township and levy and collect the cost thereof from the owner of the property. The cost of any such work so required shall be a lien upon the premises from the 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 or claim may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims.
[Amended 3-1-1982 by Ord. No. 188]
Any person who shall violate any of the provisions of this chapter or who shall violate any of the rules and regulations adopted by the Park Board acting as the Shade Tree Commission pursuant to the terms of this chapter shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $300 for any one offense and the costs of prosecution, and, in default of payment thereof, may be committed to Berks County Prison for a period not exceeding five days. Each day's violation of any of the provisions of this chapter, or of the rules and regulations adopted pursuant hereto shall constitute a separate offense.
Any penalty so assessed and collected for a violation pursuant hereto shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected. All penalties and assessments so imposed under this chapter shall be paid to the Township Treasurer, to be placed to the credit of the Shade Tree Commission, subject to being drawn upon by the Park Board acting as a Shade Tree Commission for the purposes herein provided.