[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).
