RESOLUTION NO. 116-09
A RESOLUTION OF THE WEST MIFFLIN
SANITARY SEWER MUNICIPAL AUTHORITY, ALLEGHENY COUNTY, PENNSYLVANIA, ADOPTING
REGULATIONS REGARDING THE EXISTENCE OF TREES, SHRUBS OR GROWING PLANTS WITHIN
THE SANITARY SEWER LINE RIGHTS-OF-WAY OF THE WEST MIFFLIN SANITARY SEWER
MUNICIPAL AUTHORITY.
WHEREAS,
the West Mifflin Sanitary Sewer Municipal Authority (WMSSMA) maintains a system
of sanitary sewer lines within its rights-of-way to provide sanitary sewer
service to properties owned or leased by its customers;
WHEREAS,
the Pennsylvania Municipality Authorities Act (PMAA), P.L. 287, No. 22, § 1
(June 19, 2001) and as thereinafter amended, grants power to the WMSSMA to
adopt reasonable rules and regulations that apply to water and sewer lines
located on a property owned or leased by a customer;
WHEREAS,
the PMAA grants power to the WMSSMA to refer for prosecution as a summary
offense any violation dealing with said reasonable rules and regulations
relating to water and sewer lines on a property owned or leased by a customer;
and,
WHEREAS,
the WMSSMA seeks to adequately protect its sanitary sewer lines from the
planting of trees, shrubs and growing plants and the roots of trees, shrubs and
growing plants.
NOW
THEREFORE, be it resolved and it is hereby resolved as follows:
1. Hereafter, it shall be prohibited to
plant, maintain, or permit the growth or existence of trees, shrubs, or growing
plants within the sanitary sewer line rights-of-way of the WMSSMA, whether
across public or private property, where the same send, or may send roots into,
clog, or obstruct any part of the flow of the said sanitary sewer line, or in
any way interfere with, harm, or destroy the same or any part thereof.
2. Any person, group, firm, association,
corporation, trust, partnership, or other entity who plants, maintains,
suffers, or permits the growth or continued existence of trees, shrubs, or
plants, in violation hereof, shall be given written notice by the WMSSMA to
have the same abated, removed, or destroyed immediately.
3. Failure or refusal to abate, remove or
destroy the subject trees, shrubs, or plants within seventy-two (72) hours
after written notice shall constitute a violation, and the party in violation
shall be referred for prosecution of a summary offense.
4. In addition to the penal provisions set
forth herein, the WMSSMA may, of its own motion, cause the removal of such
trees, shrubs, or plants within its sanitary sewer line rights-of-way.
5. If any provision of this Resolution is
invalidated by any court of competent jurisdiction, the remaining provisions
shall not be affected and shall continue in full force and effect.
RESOLVED,
this 2nd day of April, 2009.
ATTEST: