Resident cited after cutting borough tree; Shade Tree Commission seeks maximum penalty

A Shade Tree Commission report at the July 7 work session described an incident in which a resident removed a newly planted borough tree in the public right-of-way. Staff said the commission is seeking enforcement under borough code (cited in the report as section 160) and recommended pursuing the full penalties available under the ordinance, including restitution for replacement and fines.

The presenter told council the resident received a citation; the code enforcement officer will provide the court date when back from vacation. The Shade Tree representative said the ordinance allows fines and potential jail time up to 30 days as a penalty range in the text of the code; the solicitor noted magistrates rarely impose jail time for such summary offenses but that restitution and fines are common. Council asked staff to document the cost of tree replacement and remediation before the magistrate appearance and to advise whether the council wanted code-enforcement officers to pursue restitution and what enforcement posture the council preferred.

Council also asked for the relevant zoning/right-of-way map and for the code enforcement officer to coordinate the magistrate hearing. Staff said the borough will provide a formal notice of violation process and follow standard enforcement procedures; no additional policy changes were adopted at the work session.

Next steps: staff to provide the remediation cost estimate, the court date and to coordinate with the solicitor; council may provide further direction following that information.