Township of Caln, PA Article VI Trees in Street Right-of-Way

[Adopted 1-11-2018 by Ord. No. 2018-01]

§ 134-43 Removal of diseased or dangerous trees from public streets and public rights-of-way.

A. The property owner or person in possession and control of property within the Township shall be responsible for maintaining any and all trees, branches, vines, shrubs and other landscaping on his or her property so that he or she does not unreasonably affect or interfere with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or public property. If the condition of any tree, branch, vine, shrub or other landscaping on private property in the Township, because of disease or otherwise, unreasonably affects or interferes with the health, safety or welfare of the public or the right of the public to the unobstructed use of the public roads or property, the Township shall send written notice via certified mail to the property owner or person in possession and control of the property ordering that such obstruction be cut and/or removed from the public road or public property within 30 days from receipt of the notice. If the property owner fails to remove such obstruction within 30 days, the Township may enter the property and remove the obstruction. Thereafter, the Township's cost of cutting and/or removing the obstruction shall be billed to the property owner or the person in possession and control of the property and shall be due and payable within 10 days of the date the Township bills the property owner for the cost of the cutting and/or removal of the obstruction. If the amount of the bill is not paid within 10 days, all amounts due and owing shall be deemed to be delinquent and shall be subject to a penalty of 10% of the amount billed.

B. If the billing is not paid within 15 days, the Township may file an action in assumpsit or any proceeding otherwise provided by law to recover the amount of the delinquent bill together with any costs, attorney's fees or expenses, or may file a municipal lien against the property pursuant to the procedure established in the Pennsylvania Municipal Lien Law[1] for any amounts due and owing the Township. Such lien shall be collected in the manner provided for by law for the filing and collection of such municipal liens. All of the Township's remedies shall be cumulative.

[1] Editor's Note: See 53 P.S. § 7101 et seq.

C. In the event that a tree, branch, vine, shrub or other landscaping has fallen into the Township right-of-way and obstructs the use of the public roads or is creating a hazardous condition which requires immediate attention, the Township will immediately remove the obstruction from the right-of-way or abate the hazardous condition and bill the property owner for the cost of removing the obstruction.