[HISTORY: Adopted by the Board of Supervisors of the Township
of Easttown as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-3-1996 by Ord. No. 292-96]
It shall be the obligation of every owner of property within
Easttown Township which abuts a public road or public road right-of-way
to maintain and remove any shrubbery, trees or like vegetation or
like portions thereof which the Board of Supervisors or its appointed
agent determines constitutes a hazardous condition to the use of a
public road or which impairs the proper use or maintenance of such
roads.
A.
Upon determination by the Board of Supervisors, or its agent, that a violation of the provisions of § 421-1 above exists, the owner of property upon which such violation exists shall be notified in writing as to such violation. Such notice shall be forwarded to the owner's last known address as shown on the Chester County real estate tax records or posted upon the property. Such notice shall describe the nature of the violation and direct that the same be abated in a specified number of days or that the Township or its agent shall undertake such abatement and collect the costs thereof from the violator.
B.
The written notice set forth hereinabove shall not be required when
it is determined by the Board of Supervisors or its agent that a condition
exists which creates an immediate hazard to use of the public road.
C.
The notice set forth hereinabove shall not be required prior to the
removal of trash and other refuse from public roadsides.
Any person who violates or permits a violation of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by the Township before a Magisterial District Judge, pay
a fine of not more than $600, plus all court costs, including reasonable
attorneys' fees, incurred by the Township 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 Township 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 Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance
herewith.
Without intending to limit the provisions of § 421-1 above, the minimum requirements for the maintenance of visibility at road intersections and for vertical clearance above a road or road right-of-way are set forth in Appendix A, attached hereto and incorporated by reference.[1]
[1]
Editor's Note: Appendix A is on file in the Township offices.
A.
Nothing herein is intended to limit the authority of the Department
of Transportation of the Commonwealth of Pennsylvania from enforcing
the provisions of the Pennsylvania Vehicle Code[1] or of the Township in proceeding pursuant to the provisions
of the Second Class Township Code, including, but not limited to,
Section 2325 of the Act of May 1, 1933 (P.L. 103, No. 69), as reenacted
and amended November 9, 1995 (P.L. 350, No. 60), as amended.[2]
