[Adopted 8-28-1964 by Ord. No. 64-7]
It shall be the duty of the owner or occupant of every property
located in West Manchester Township, York County, Pennsylvania, upon
whose property or in front of whose property trees are located with
branches extending over the cartway of any public road or street to
trim or cut and keep trimmed or cut the branches and limbs thereof
so that there shall be a clearance of at least 14 feet above the cartway.
The owner of the property, as to vacant property or property occupied by the owner, and the occupant thereof, in case of property occupied by other than the owner thereof, shall be responsible for the duties imposed by § 117-7 of this article.
Any member of the Board of Supervisors, or any officer or employee of the Township 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 of said property wherein or in front of which branches and limbs have not been trimmed in accordance with § 117-7 of this article, directing and requesting said owner or occupant to conform to the requirements of this article within five days after issuance of such notice. In case any owner or occupant, as the case may be, shall neglect, fail or refuse to comply with such notice within the period of time stated therein, a Township authority or its duly authorized agents or employees may trim such branches and limbs, and the cost thereof, together with any additional penalty authorized by law, may be collected by the Township from such owner or occupant, as the case may be, by the filing of a lien or by an action of assumpsit or in any other manner as may be provided by law for the enforcement and collection of municipal claims.
[Amended 11-14-1991 by Ord. No. 91-09; 5-9-1996 by Ord. No. 96-14; 6-26-1997 by Ord. No. 97-15]
Any person who shall violate any of the provisions of this article
shall, upon being found liable therefor in a civil enforcement proceeding
commenced by West Manchester Township, pay a fine not exceeding $600
plus all court costs, including reasonable attorney's fees, incurred
by West Manchester Township. West Manchester Township police officers,
the appropriate code enforcement officers of West Manchester Township
or other appropriate officer or officers of West Manchester Township
shall have the power to enforce the provisions of this article. The
amount of the fine imposed for the violation of this article shall
be established by the officer who determines that a violation has
occurred. Notice of the violation of this article and the amount of
the fine imposed shall be given by personal delivery or by certified
mail to the person violating this article. If the person violating
this article fails or refuses to pay the fine imposed within the period
specified in the notice of the violation of this article, the Township
shall file a civil enforcement proceeding with the District Magistrate
to enforce the fine imposed.
