A. License Required: It shall be unlawful for any person to remove a tree located on the person’s property without a written tree permit issued by the Township. There shall be no charge for such permit. The application for the permit shall contain the following information:
1. Name and address of applicant. The applicant shall be the owner of the property or lot where the tree(s) is located;
2. Commonly known address of lot or property where the tree(s) sought to be removed is located;
3. A written statement indicating the reason for removal of the tree(s);
4. A general description of the tree(s) to be removed, including species and size; and
5. Name and address of contractor or other person responsible for the tree removal.
B. Duty to Remove Debris and Stumps: If the property owner hires a private contractor to remove trees from the owner’s property, it shall be the responsibility of the private contractor to clean up the area where the contractor is working or has completed work and remove all branches, debris, and largest portions of the tree(s) and dispose of such debris in such a manner so that it will not remain on Township streets, not flow into the sewer, or will not have to be hauled away by the Township, or its designated agent. All stumps on Township rights-of-way and privately owned property shall be stumped ground to depth of at least eight inches (8") below grade and all holes remaining after stump removal shall be filled with dirt and sodded or seeded by the property owner.
C. Nuisance Declared: Any bushes, branches, debris and largest portions of the tree(s) not removed as provided in subsection 3-2-7B., above, are declared to be a nuisance.
D. Removal Notice: It shall be the duty of the Town Clerk, at the direction of the Town Supervisor or designee, to serve or cause the property owner, on whose property the bushes, branches, debris and largest portion of the tree(s) remain in violation of this section, to be served with a notice by United States mail, postage prepaid, directed to the property owner at the owner’s last known address, demanding removal of the bushes, branches, debris and largest portion of the tree(s) within fourteen (14) days as provided in subsection 3-2-7B., above. The property owner may be served by sending notice to the person who last paid the taxes on the property.
E. Abatement of Nuisance: If the property owner refuses or neglects to remove the bushes, branches, debris and largest portion of the tree(s), as provided in subsection 3-2-7B., above, within fourteen (14) days of service of the removal notice, the Town Supervisor or designee may provide for the removal of such bushes, branches, debris and largest portion of the tree(s) by Township personnel or by independent contractors.
F. Removal Costs:
1. Removal of the bushes, branches, debris and largest portion of the tree(s) by Township personnel shall be charged at a minimum cost of two hundred fifty dollars ($250.00) for the first hour of removal for the cost of mobilization, labor equipment and overhead, and at an hourly rate of one hundred seventy-five dollars ($175.00) for each additional hour or part thereof for the removal of the bushes, branches, debris and largest portion of the tree(s).
2. Removal of the bushes, branches, debris and largest portion of the tree(s) performed by independent contractors shall be charged at the billed cost, plus fifty dollars ($50.00) for Township processing and overhead.
3. There will be no charge for removal of the bushes, branches, debris and largest portion of the tree(s) if the bushes, branches, debris, and largest portion of the tree(s) to be removed was caused by an “Act of Nature”, including, but not limited to, tornadoes, torrential rain storms, and snow storms.
G. Bills for Services; Delinquencies:
1. Payment of Charges: Charges for removal of bushes, branches, debris and largest portion of the tree(s) pursuant to subsection 3-2-7F., above, and penalty charges as provided in section 3-2-5B. of the Property Maintenance Code, shall be included and billed as part of the Township’s periodic bill for sewer and water utility service to the subject property, and shall be paid at the Town Hall within fifteen days (15) after the billing date. The property owner, and any nonowner that is the occupant or the or lessee thereof, shall be jointly and severally liable to pay for the removal services to the premises.
2. Disconnection of Utility Service for Failure to Pay Bill: If the property owner, occupant or lessee has not paid the charges for removal as set forth in subsection 3-2-7 F. above, and penalty charges, if any, as provided in subsection 3-2-5B. of this Property Maintenance Code, within thirty (30) days of the date of the issuance of the bill for such costs, utility service to the subject property may be disconnected by the Town Supervisor or his/her designee in accordance with the provisions set forth in section 5-1-11 of the Town Code.
H. Charges a Debt; Lien for Charges: The charges for removal of bushes, branches, debris and largest portion of the tree(s), or penalty charges billed in accordance with subsection 3-2-5B. of this Property Maintenance Code, by the Township to the owner, occupant or lessee of the subject property, shall be a debt to the Township. If the charges are not paid within thirty (30) days after they are due, they shall be deemed delinquent and shall be a lien upon the real estate as provided in section 5-4-4 of the Town Code, when such lien is filed within sixty (60) days after the cost and expense is incurred. A change in ownership or occupancy of the premises found delinquent shall not be a cause for reducing or eliminating these charges or any penalties; except, however, the lien shall not be valid as to any purchaser whose rights in and to the real estate have arisen after the weed cutting and before the filing of the notice of lien. Additionally, said lien shall not be valid as to any mortgagee, judgment creditor, or other lienholder whose rights in and to the real estate arise before the filing of said notice. (TO-2022-1, 2-8-2022; amd. Ord. TO-2022-13, 9-13-2022)