Borough of Mount Gretna, PA
Lebanon County
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[HISTORY: Adopted by the Borough Council of the Borough of Mount Gretna as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Signs — See Ch. 148.
Vehicles and traffic — See Ch. 181.
[Adopted 4-3-1964 by Ord. No. 73]
[Amended 9-28-1973 by Ord. No. 92]
A. 
It shall be unlawful for any property owner or other person of the Borough of Mount Gretna, having trees growing upon his or her property, to permit the limbs or branches to overhang the paved streets or alleys of the Borough at a distance not less than 14 feet above the surface of the street or alley.
B. 
No person shall cut, break, injure, deface, or mutilate in any manner any trees, shrubs, plants, foliage, turf, grass, or the like on any of the streets, sidewalks, highways, avenues, alleys, commons, parks or public places in the Borough of Mount Gretna.
It shall be unlawful for any property owner of the Borough of Mount Gretna, having bushes and shrubbery growing upon his or her property, to permit said bushes or shrubbery to extend into said street or alley beyond the curb of gutter line of said property.
It shall be unlawful for any property owner of the Borough of Mount Gretna to permit any dead trees or dead branches to remain on trees on his or her property in said Borough of Mount Gretna without removing the same.
The Borough Council, or any officer or employee of the Borough designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or occupant, as the case may be, of any premises whereon trees or other vegetation is growing or remaining in violation of the provisions of this article, directing and requiring such occupant to remove, trim or cut such trees or vegetation, so as to conform to the requirements of this article, within 15 days after issuance of such notice. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Borough authorities may remove, trim or cut such trees or vegetation and the cost thereof, together with any additional penalty authorized by the law, may be collected by the Borough from such person, firm or corporation, in the manner provided by law.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
Any person violating any of the provisions of this article, either by commission or omission, after due notice of 15 days, shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not less than $5 nor more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Borough in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 3-14-1983 by Ord. No. 125]
No railroad or street railway shall hereafter be constructed upon any Borough road, nor shall any railroad or street railway crossings, nor any gas pipe, electric conduits or other piping, be laid upon or in, nor shall any telephone, telegraph, cable TV or electric light or power poles or any coal tipples or any other obstructions be erected upon or in, any portion of a Borough road except under such conditions, restrictions and regulations relating to the installation and maintenance thereof, as may be prescribed in permits granted by the Borough for such purpose.
The application for a permit shall be on a form prescribed by the Borough and submitted to the Borough in triplicate. The application shall be accompanied by a fee in accordance with the Schedule of Fees set forth by the Department of Transportation for highway occupancy permits and restoration charges. In addition, the applicant shall submit three copies of a sketch showing such dimensions as the location of the intended facility, width of the traveled roadway, right-of-way lines and a dimension to the nearest intersecting street.
A permit shall be issued to the applicant after all the aforementioned requirements have been filed.
Upon completion of the work, the applicant shall give written notice thereof to the Borough.
Upon completion of the work authorized by the permit, the Borough shall inspect the work and, when necessary, enforce compliance with the conditions, restrictions and regulations prescribed by the permit. Where any settlement or defect in the work occurs, if the applicant shall fail to rectify any such settlement or other defect within 60 days after written notice from the Borough to do so, the Borough may do the work and shall impose upon the applicant the cost thereof, together with an additional 20% of such cost.
Any person, firm, corporation or utility which shall violate any of the provisions of this article shall, upon being found liable therefor in a civil enforcement proceeding commenced by the Borough before a Magisterial District Judge, pay a fine of not more than $600, plus all court costs, including reasonable attorney's fees, incurred by the Borough in the enforcement of this article. No judgment shall be imposed until the date of the determination of the violation by the Magisterial District Judge. If the defendant neither pays nor timely appeals the judgment, the Borough may enforce the judgment pursuant to the applicable Rules of Civil Procedure. Each day a violation exists shall constitute a separate offense. Further, the appropriate officers or agents of the Borough are hereby authorized to seek equitable relief, including injunction, to enforce compliance herewith.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).