Chester Heights mulls new fine for problem trees
Chester Heights mulls new fine, penalties for residents
CHESTER HEIGHTS » A possible fine of $1,000 per day and the borough’s authority to determine which trees on one’s property should be removed were among the issues addressed by homeowners at Monday night’s public hearing regarding the new borough property maintenance ordinance.
The expanded version would replace the 1991 nuisance ordinance, which outlines the remedies for grass, weeds, shrubs and trees encroaching on sidewalks and roads, obstructing site lines and detrimental to health, safety and welfare. Failure of residents to comply with the current statute could result in the borough completing the needed work, assessing homeowners the cost of removal plus a $250 service charge and the violator possibly being arrested.
While the threat of handcuffs has been removed, the revised ordinance would be far more encompassing. Although it retains some of the original restrictions, the wording has been expanded to specifically address lawns higher than 10 inches, diseased or dangerous trees and running bamboo.
“Our goal is for residents to maintain their properties to prevent them from becoming a nuisance to others,” said Councilman Joe McIntosh. “We also want to give people a tool if bamboo is growing onto their properties.”
The proposed ordinance accommodates the size of certain properties and the desire of the owners to maintain portions in a natural state. Lawns would need to be cut below the prescribed height on the front and side yards and 30 feet into the rear yard, allowing the latter to graduate into a meadow or wooded area.
As the name implies, running bamboo spreads, failing to respect property lines and damaging public and private land. Residents whose Pseudosasa problem is the result of a neighbor’s plantings would be required to provide the borough with proof he or she has advised the adjoining homeowner of his objection to the encroachment and initiated steps for removal.
“We don’t want to put the borough in the bamboo police business,” said borough Solicitor Frank Daly. “The ordinance, however, would give homeowners a tool they did not have before.”
Current bamboo owners would not be required to remove the plant, but would need to contain it within 10 feet of neighboring properties and 20 feet of a right of way. Should the ordinance be approved, planting or growing would be prohibited.
Much of the discussion centered on the regulations regarding diseased or dangerous trees. The proposed ordinance would permit council to advise property owners of trees in either category which should be removed. If the work is not completed within 30 days, the borough would make the necessary cut.
Many of the trees are along Valleybrook Road and their toppling has caused power outages in the area.
“The houses in my development have lost power five times in the last year,” said Greg Chestnut. “We expect the borough to take action on that.”
The consensus was not unanimous, however, regarding the parameters.
“I feel we are overstepping,” said Councilwoman Marta Driscoll, whose home in on a large wooded lot. “It is an invasion of people’s rights and I feel there is a better way we can do this.”
Daly also spoke about the fine, which could be levied after 30 days.
“The $1,000 is in compliance with state code,” he said. “I can guarantee, however, there is not a magisterial district justice who would impose it.”
Council will take the comments under advisement and when revised, the ordinance will be posted on the borough website, said president Susan Clarke.
The proposed ordinance accommodates the size of certain properties and the desire of the owners to maintain portions in a natural state. Lawns would need to be cut below the prescribed height on the front and side yards and 30 feet into the rear yard, allowing the latter to graduate into a meadow or wooded area.