§ 25-118. Violations and Penalties.

1. 

This chapter is immediately enforceable by citation by designated employees of the Borough.

A. 

Violations.

(1) 

It shall be unlawful for any person to carry out any of the activities requiring a tree work permit without first obtaining said permit.

(2) 

In addition to Subsection 1A(1) above, the following activities shall constitute a violation of this chapter:

(a) 

To remove or tamper with any object or device set for the protection or treatment of any regulated tree in any public area or within any TPZ.

(b) 

To pile any building material or make any mortar or cement within six feet of any regulated tree within any TPZ.

(c) 

To hitch or fasten any animal, bicycle or vehicle to any regulated tree.

(d) 

To attach any sign, poster, bill or other object to any regulated tree.

(e) 

To construct site access, such as curb cut for a driveway, whether permanent or temporary, within any TPZ, inconsistent with this chapter or other Borough regulations. This provision does not apply to the Borough installing federally mandated Americans With Disabilities Act curb ramps.

(f) 

To climb with spikes, disturb or prune the roots of, compact soil, or otherwise injure or destroy any regulated tree or to authorize such actions.

(g) 

To cause or authorize a wire or other conductor charged with electricity to come into contact with any regulated tree in any public area or within any TPZ in a manner that may injure or kill it without a written tree work permit from the Borough, specific to the tree(s) involved.

(h) 

To cause or authorize or within any TPZ any oil, gasoline, herbicide, paint, brine, hot water, steam or other gas, liquid or solid substances harmful to the regulated tree to contact any regulated tree or to enter the soil about the base or root system of a regulated tree in any manner that may injure or kill it.

(i) 

To interfere, cause or authorize an interference with the Arborist, Director, TAC, agents or employees of the Borough, or citizen volunteers while they are engaged in planting, inspecting, maintaining or removing regulated trees.

(j) 

To supervise or authorize construction, alterations, repairs or demolition activities in the vicinity of any regulated tree or within any TPZ without first placing sufficient guards or protectors as shall prevent injury or destruction of said tree arising out of such activities, in accordance with Borough rules and regulations or with written authorization of the Director.

B. 

Notice of Violation. The Director shall serve a notice of violation to the person in violation of this chapter or of a plan approved thereunder or in violation of a permit issued under the provisions of this chapter. Such notice shall direct the abatement of such violation.

C. 

Prosecution of Violation. If the violation is not abated within the time specified in the notice of violation, the Director may request the Borough Solicitor to institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation.

D. 

Penalties.

(1) 

Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be fined not less than $100 nor more than $600 for each and every offense, together with costs, plus restitution in an amount no less than the appraised value of the regulated tree involved, plus cost of cure as obtained by the Director, and in default of payment thereof, be imprisoned for not more than 90 days. Each failure to obtain a tree work permit or, having obtained a tree work permit, to comply with any of the requirements of this chapter and each day during which such violation continues shall constitute a separate offense.

(2) 

Disposition of Penalties or Assessments. All penalties or assessments imposed under this chapter shall be paid to the Borough of Phoenixville.

Ord. No. 2018-2288, 8/14/2018