[HISTORY: Adopted by the Board of Commissioners of the Township of Shaler as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-9-2002 by Ord. No. 1797]
This article shall be known as the "Shaler Township Dangerous Tree Ordinance."
The purpose of this article is to require the removal of dead, dying or dangerous trees on Township of Shaler (hereinafter "Township") rights-of-way to protect the public health, safety and welfare and to eliminate a potential menace to public travel.
From and after the passage and approval of this article, no person, firm or corporation shall permit any dead, dying or dangerous tree to remain on a Township right-of-way in any residential area and which is owned, leased or occupied by said person, firm or corporation.
Dead, dying or dangerous trees on Township rights-of-way are hereby declared to be a nuisance.
Whenever it shall be reported to the Township Building Inspector that any owner of any real estate in any recorded plan in the Township of Shaler has failed or neglected to comply with any of the provisions of this article, the Building Inspector shall cause a written notice to be served upon the owner, by personal service or by United States Mail, directing the owner to comply with all of the provisions of this article within 10 days. If the premises shall be vacant, service of such notice shall be made by posting a copy thereof in a conspicuous place on the premises and mailing a copy of such notice by certified mail to the owner or owners of such premises at the owner's last known post office address.
In the event of the failure of the owner or holder of said real estate within the Township to cut and remove such dead, dying or dangerous tree, or to have such dead, dying or dangerous tree removed, within 10 days after being notified to do so, the Township of Shaler shall have the nuisance removed and bill the owner or holder for the actual cost thereof.
In addition to the other penalties provided by this article, the Township of Shaler may file an assumpsit action in the courts of Allegheny County or in an equity action in a court of equity to require the owners of the real estate in any recorded plan of lots in the Township to comply with the provisions of this article.
The cost of removal, attorneys' fees, and costs of filing a lien hereinabove mentioned may be entered by the Township as a lien against the property in accordance with existing provisions of law.
Any person, firm or corporation found in violation of this article shall, upon conviction thereof before any issuing authority, be subject to a fine of up to $1,000 and may be sentenced to a period of incarceration not exceeding 90 days in the Allegheny County Jail. Each incident in violation of this article shall be considered a separate offense and may be punishable as such.
This article is adopted pursuant to the powers and authority of the statutes of the Commonwealth of Pennsylvania, 36 P.S. § 2664 (relating to removal of trees menacing travel); the First Class Township Code, 53 P.S. § 56526 (relating to nuisances); as well as 53 P.S. § 7101 (relating to municipal claims for the removal of nuisances).