Pennsylvania Act 1981-94 — INCORPORATED TOWNS - SHADE TREE COMMISSION

Act text

INCORPORATED TOWNS - SHADE TREE COMMISSION
                  Act of Oct. 1, 1981, P.L. 279, No. 94               Cl. 08
                                  AN ACT

     Providing for shade trees in incorporated towns.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

     Section 1.  Shade tree commission.
        An incorporated town may by ordinance establish a commission
     to be known as the shade tree commission, but in incorporated
     towns where the council shall not elect by ordinance a shade
     tree commission council may exercise all the rights and perform
     the duties and obligations imposed by this act upon the shade
     tree commission.
     Section 2.  Composition of commission.
        The commission shall be composed of five residents of the
     incorporated town, who shall be appointed by the council, and
     shall serve without compensation. Whenever a shade tree
     commission is established by any incorporated town, the council
     shall appoint one member for a term of three years, two for
     terms of four years, and two for terms of five years. On the
     expiration of the term of any commissioner, a successor shall be
     appointed by the council to serve for a term of five years.
     Vacancies in the office of commissioner shall be filled by the
     council for the unexpired term. Three members of a commission
     shall constitute a quorum.
        (2 amended Apr. 11, 1990, P.L.121, No.32)
        Compiler's Note:  Section 2 of Act 32 of 1990, which amended
            section 2, provided that, as to the two additional
            members of a shade tree commission provided for by Act
            32, one shall be appointed for a term of four years and
            one shall be appointed for a term of five years.
     Section 3.  Powers of commission.
        The commission shall have exclusive custody and control of
     the shade trees in the incorporated town, and is authorized to
     plant, remove, maintain and protect shade trees on the streets
     and highways in the incorporated town.
        The commission may employ and pay such superintendents,
     engineers, foresters, tree-wardens, or other assistants, as the
     proper performance of the duties devolving upon it shall
     require, and may make, and enforce regulations for the care and
     protection of the shade trees of the incorporated town. No such
     regulation shall be in force until it has been approved by the
     council and enacted as an ordinance.
     Section 4.  Report of commission.
        The shade tree commission shall annually report in full to
     the council its transactions and expenses for the last fiscal
     year of the incorporated town.
     Section 5.  Notices by commission.
        Whenever any shade tree commission proposes to plant,
     transplant, or remove shade trees on any street, notice of the
     time and place of the meeting at which such work is to be
     considered shall be given in one newspaper of general
     circulation in the incorporated town once a week for two weeks
     immediately preceding the time of the meeting. The notice shall
     specify in detail the streets or portions upon which trees are
     proposed to be so planted, replanted, or removed.
     Section 6.  Payment by owners.
        The cost of planting, transplanting, or removing any shade
     trees in and along the streets and highways in the incorporated
     town, of the necessary and suitable guards, curbing or grading
     for the protection thereof, and of the replacing of any pavement
     or sidewalk necessarily disturbed in the execution of such work,
     shall be paid by the owner of the real estate abutting which the
     work is done.
        The amount each owner is to pay shall be ascertained and
     certified by the commission to council and to the treasurer of
     the incorporated town.
     Section 7.  Assessments; liens.
        Upon the filing of the certificate with the council, the
     secretary of the incorporated town shall cause 30 days' written
     notice to be given to every person against whose property an
     assessment has been made. The notice shall state the amount of
     the assessment, and the time and place of payment, and shall be
     accompanied with a copy of the certificate.
        The amount assessed against the real estate shall be a lien
     from the time of the filing of the certificate with the council,
     and if not paid within the time designated in the notice, a
     claim may be filed and collected by the incorporated town
     solicitor in the same manner as municipal claims are filed and
     collected.
     Section 8.  Maintenance by town; tax levy.
        The cost and expenses of caring for such trees after having
     been planted and the expense of publishing the notice
     hereinbefore provided for shall be paid by the incorporated
     town.
        The needed amount shall each year be certified by the
     commission to the council and shall be drawn against, as
     required by the commission, in the same manner as money
     appropriated for incorporated town purposes.
        The council may levy a general tax, not to exceed the sum of
     one-tenth of one mill on the dollar on the assessed valuation of
     the property in said incorporated town taxable for county
     purposes, for the purpose of defraying the cost and expenses of
     caring for such shade trees and the expense of publishing the
     notice; or it may provide for the expense of the caring for
     trees already planted and of publishing the notice by
     appropriations equal to the amount certified to be required by
     the commission.
     Section 9.  Penalties.
        The commission, to the extent as may be provided by
     ordinance, may assess penalties for the violation of its
     regulations and of this act so far as it relates to shade trees.
     Any penalty so assessed shall be a lien upon the real estate of
     the offender and may be collected as municipal claims are
     collected.
        All penalties or assessments imposed under this act shall be
     paid to the treasurer of the incorporated town, to be placed to
     the credit of the commission, subject to be drawn upon by the
     commission for the purposes of the preceding sections.
     Section 10.  Ordinances to require planting and replanting.
        Any incorporated town may, by ordinance, upon the petition of
     a majority of the property owners upon any public street
     thereof, require the planting and replanting of suitable shade
     trees along and upon the sides of such streets, upon such
     alignment and at such points as may be designated by such
     ordinance, by the owners of property abutting the street at the
     points designated. This section shall not authorize any
     incorporated town to require the planting or replanting of trees
     at any point which may interfere with the necessary or
     reasonable use of any street or abutting property or
     unreasonably interfere with any business conducted thereon.
     Section 11.  Power of incorporated town where owners fail to
                  comply.
        On failure of any owner, after reasonable notice, to comply
     with the terms of any such ordinance, the incorporated town may
     cause such trees to be planted or replanted at the expense of
     the incorporated town, and thereupon, in the name of the
     incorporated town, collect the cost of such work from the owners
     in default, as debts of like amount are by law collectible.
     Section 12.  Removal of diseased plants, shrubs and trees.
        The commission may upon such notice as may be provided by
     ordinance, require owners of property to cut and remove plants,
     shrubs and trees, afflicted with the Dutch elm or other disease,
     which threatens to injure or destroy plants, shrubs and shade
     trees, in the incorporated town under regulations prescribed by
     ordinance. Upon failure of any such owner to comply with such
     notice, the incorporated town may cause the work to be done by
     the incorporated town, and levy and collect the cost thereof
     from the owner of the property. The cost of such work shall be a
     lien upon the premises from the time of the commencement of the
     work, which date shall be fixed by the engineer of the
     incorporated town and shall be filed with the secretary of the
     incorporated town. Any such lien 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.
     Section 13.  Effective date.
        This act shall take effect in 60 days.