§ 390-18. Planting of trees and shrubbery in or near sidewalk areas.

A. 

It is hereby declared unlawful for any trees, evergreens, hedges, plants or shrubbery to be planted by any person, firm, or corporation within five feet of the property side of the right-of-way line along any street, or for any trees, evergreens, hedges, plants or shrubbery to be planted, by any person, firm, corporation or other entity in any sidewalk area, which is defined as the area located between the curbline and the right-of-way line as shown on a topographical survey of the Borough, recorded subdivision plan or as established by ordinance.

B. 

No trees or shrubbery shall be planted along the right-of-way lines on a corner property in any manner that would not conform with sight distance requirements of the subdivision regulations in effect for the Borough.

C. 

Any trees, evergreens, hedges, plants or shrubbery planted in violation of this section are hereby declared to be nuisances and shall be removed within 10 days after notice to the owner or owners of the respective lot or lots so to do by said Borough Council.

[Amended 11-10-2016 by Ord. No. 2016-07]

D. 

Upon failure of said owner or owners to accomplish said removal, Borough Council shall cause the same to be done and shall collect from said owner or owners of the lot or lots the cost thereof and 10% additional together with all charges and expenses. If payment is not made, Borough shall file a municipal lien therefor against such lot or lots or shall bring an action in assumpsit against said owner or owners for collection thereof.