The Commission may assess penalties for the violation of its
regulations so far as it relates to shade trees. Any penalty so assessed
shall be a lien upon the real estate of the offender and may be collected
as municipal claims are collected. For each tree concerned, the fine
will be determined by the cost of replacement plus any associated
legal costs.
The cost of planting, transplanting or removing any shade trees
on and along the streets of this Borough, of the necessary and suitable
guards, curbing or grading for the protection thereof, and the replacing
of any pavement of sidewalk necessarily disturbed in the execution
of such work, shall be paid by the owners of the real estate in front
of whose property the work is done. The amount each owner is to pay
shall be ascertained and certified by the Commission to Council and
to the Borough Secretary-Treasurer.
Upon the filing of the certificate with the Council, the Borough
Secretary-Treasurer shall cause 30 days' written notice to be
given to every person against whose property an assessment has been
made. The notice shall state the amount of the assessment, and the
time and place of payment, and shall be accompanied with a copy of
the certificate. The amount assessed against the real estate shall
be a lien from the time of the filing of the certificate with the
Council, and if not paid within the time designated in the notice,
a claim may be filed and collected by the Borough Solicitor in the
same manner as municipal claims are filed and collected.
A.
If any person believes himself to be aggrieved by any action or decision
of the Commission, such person shall have the right to file a written
appeal to Council.
B.
Upon receipt of such appeal, any Borough action not yet performed
shall be stayed until a decision is made by Council.
C.
Council shall, within 45 days after receiving such appeal, conduct
a public hearing on the matter, either at a regularly scheduled meeting
of Council, or at a special meeting duly called. Written notices of
the time and place of such Council hearing shall be mailed, by ordinary
first-class mail, to the appellant at the address given by the appellant
in the appeal and to each member of the Commission. Public notice
of such hearing shall also be given in accordance with the procedures
established by the Borough Code.[1]
[1]
Editor's Note: See 8 Pa.C.S.A. § 101 et seq.
D.
Following the public hearing, Council shall render a decision on
the appeal within 30 days of the public hearing.
