[HISTORY: Adopted by the Borough Council of the Borough of
Jacobus as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-20-1996 by Ord. No. 96-127 (Ch. 25, Part 1, of
the 1984 Code of Ordinances)]
It shall be the duty of the owner and/or occupant of every property
located in Jacobus Borough, York County, Pennsylvania, to do the following:
A.
To keep all trees on or in front of his property, with branches extending
over the cartway of any public road or street, trimmed or cut and
kept trimmed or cut, such branches and limbs thereof so extending
so as to maintain a clearance of at least 14 feet above the cartway.
B.
To keep all trees on such property, with branches extending over
any public sidewalk, trimmed or cut and kept trimmed or cut, such
branches and limbs thereof so extending so as to maintain a clearance
of at least eight feet above the sidewalk.
C.
To keep all trees, shrubs, hedges or other vegetation trimmed or
cut and kept trimmed or cut so as not to obstruct the vision of motorists
traveling on any public street bordering such property.
D.
To keep all trees, shrubs, hedges or other vegetation trimmed or cut at all intersections of streets, private roads and/or access drives in order to maintain such clear sight triangles as shall be required under the provisions of § 215-44E of Chapter 215, Subdivision and Land Development, of the Code of the Borough of Jacobus.
E.
To keep all trees, shrubs, hedges or other vegetation trimmed or
cut so as not to interfere with or obstruct any public utility lines
or wires and the maintenance thereof.
The owner of vacant property and the owner and/or occupant of any occupied property shall be responsible for performing all the duties imposed pursuant to § 230-1 of this article.
A.
The Borough Council of Jacobus Borough, or any officer or employee
thereof so instructed by said Borough Council, is hereby authorized
to give notice, by personal service or by United States mail, to the
owner and/or occupant, as the case may be, of any violation of the
provisions of this article, directing said owner and/or occupant to
correct or conform to the requirements of this article within 10 days
after the service of said notice by personal service or the mailing
of said notice by United States mail.
B.
In the event that the owner and/or occupant shall neglect, fail or
refuse to comply with such notice within the period of time stated
therein, the Borough may trim such trees, branches, shrubs, hedges
or other vegetation, and the cost thereof, together with any additional
penalties authorized by law, may be collected from the owner and/or
occupant by the filing of a municipal lien or by an action in assumpsit
or in any other manner provided by law for the enforcement and collection
of municipal claims.
[Amended 7-3-2013 by Ord. No. 2013-3]
Any person who shall violate the provisions of this article
shall be subject to a summary criminal proceeding before the Magisterial
District Justice as provided by the Pennsylvania Rules of Criminal
Procedure, as may be amended from time to time. Upon a finding of
a violation, a fine of not less than $450 nor more than $1,000, plus
costs of prosecution, including court costs and reasonable attorney
fees incurred by the Borough to prosecute the violation, shall be
imposed, and such person may be subject to imprisonment of up to 15
days in the event such fines and costs are unpaid. Each day that such
violation(s) continues shall be a separate violation of this article.
