From and after the effective date of this article, it shall be unlawful for any person to plant or maintain any tree, branch, bush, shrub or vine within the right-of-way of any Borough street in the Borough of Franklin Park.
In the event that any owner or occupier of property abutting upon any Borough street in the Borough of Franklin Park fails, neglects or refuses to remove any such tree, branch, bush, shrub or vine planted and maintained within the right-of-way of the abutting Borough street after 30 days' notice given by the Borough to such property owner or occupier by certified mail or posting of the property, the Borough may, with its own forces and equipment, remove such tree, branch, bush, shrub or vine from the right-of-way of such Borough street and charge the cost thereof against said abutting property by an action in assumpsit or by a municipal claim filed in the same manner in which municipal liens are now filed for taxes, sewer construction, road construction and other public improvements.
Any person, firm or corporation who shall violate any provision of this article or fails to comply therewith or with any of the requirements thereof, upon conviction thereof in an action brought before a Magisterial District Judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $100 nor more than $1,000 plus costs, including reasonable attorneys' fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this article is found to exist and for each section of this article found to have been violated. The Borough may also commence appropriate actions in equity to prevent, restrain, correct, enjoin or abate violations of this article. All fines and penalties collected for violations of this article shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Code Official, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or the Borough Council shall deem appropriate.