[Adopted 12-4-1967 by Ord. No. 71 (Ch.
36 of the 1982 Code)]
A shade tree commission is hereby created in
and for the Township of Muhlenberg. Said shade tree commission shall
be constituted as provided by law and shall perform all the duties
and may exercise all the powers conferred by law upon such shade tree
commissions.
The Township Commissioners do hereby confer
on the Park Board of the Township all of the powers and all of the
duties prescribed by law and particularly by the Act of June 24, 1931,
P.L. 1206, Article XXX, Sections 3020 through 3031,[1] as amended, for shade tree commissions of first class
townships.
[1]
Editor's Note: See 53 P.S. §§ 58020
through 58031.
The Park Board, acting as a shade tree commission,
shall have exclusive custody and control of the shade trees in the
Township and is authorized to plant, remove, maintain and protect
shade trees on the public streets and highways in the Township.
The Park Board, acting as a shade tree commission
for this Township, may make, publish and enforce any and all such
rules and regulations for the care and protection of the shade trees
of this Township as it may from time to time prescribe, provided that
all such rules and regulations shall first be approved by the Township
Commissioners and duly published as required by law.
The Park Board, acting as a shade tree commission,
shall annually report to the Township Commissioners its transactions
and expenses for the last fiscal year of the Township immediately
preceding such report. The Board, for this purpose, may incorporate
any and all such transactions and expenses in its regular report to
the Township Commissioners.
The Park Board, acting as a shade tree commission,
may, upon giving 30 days' written notice to the owners of property
upon which any shade trees are situate which are found to be afflicted
with the Dutch elm disease or any other disease of a nature which
threatens to injure or destroy shade trees within the Township, require
such owners to cut down and remove any such trees so afflicted within
said thirty-day-notice period. Upon failure of any such owner to comply
with such notice to cut down and remove such trees, the Township may
cause the work to be done by or at the direction of the Township and
levy and collect the cost thereof from the owner of the property.
The cost of any such work so required shall be a lien upon the premises
from the time of the commencement of the work, which date shall be
fixed by the Township Engineer, and shall be filed with the Township
Secretary. Any such lien or claim may be collected by action in assumpsit
or by lien filed in the manner provided by law for the filing and
collection of municipal claims.
[Amended 3-1-1982 by Ord. No. 188; at
time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who shall violate any of the provisions
of this article or who shall violate any of the rules and regulations
adopted by the Park Board acting as a shade tree commission pursuant
to the terms of this article shall, upon conviction thereof in a summary
proceeding, pay a fine of not more than $1,000 plus the costs of prosecution
and, in default of the payment of the fine and costs of prosecution,
shall be imprisoned for a period not exceeding 30 days. Each day's
violation of any of the provisions of this article or of the rules
and regulations adopted pursuant hereto shall constitute a separate
offense.
Any penalty so assessed and collected for a
violation pursuant hereto shall be a lien upon the real estate of
the offender and may be collected as municipal claims are collected.
All penalties and assessments so imposed under this article shall
be paid to the Township Treasurer, to be placed to the credit of the
shade tree commission, subject to being drawn upon by the Park Board
acting as a shade tree commission for the purposes herein provided.
