Township of Upper Gwynedd, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Commissioners of the Township of Upper Gwynedd 12-27-1983 by Ord. No. 83-24. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 146.
Solid waste — See Ch. 160.

§ 60-1 Declaration of nuisance and health hazard.

A. 
Any weeds, including but not limited to jimson, burdock, ragweed, thistle, cocklebur or other weeds of like kind, or any vines, tall grasses or other objectionable vegetation exceeding 12 inches in height and growing on any lot or tract of ground in the Township are hereby declared to be health hazards and nuisances. It is hereby declared to be unlawful for any person, firm or corporation to permit any such weeds, vines, tall grasses or other objectionable vegetation to grow or remain on any lot or tract of ground in the Township.
B. 
Any poison ivy, poison sumac or poison oak plants of any height, growing on any lot or tract of ground in the Township, are hereby declared to be health hazards and nuisances. It is hereby declared to be unlawful for any person, firm or corporation to permit any such poison ivy, poison sumac or poison oak to grow or remain on any lot or tract of ground in the Township.

§ 60-2 Notice to abate hazards.

A notice shall be served upon the owner or occupant of any premises on which any such weeds, vines, tall grasses, poison ivy, poison sumac, poison oak or other objectionable vegetation are permitted to grow in violation of the provisions of this chapter, and abatement shall be required of the health hazard and nuisance within 10 days from the date of service of such notice. The service of such notice shall be made upon the owner or occupant of the said premises either by delivering the same to such owner or occupant personally or by delivering the same to and leaving it with any adult person in charge of the said premises or, in case no such person is found upon the said premises, by affixing the same in a conspicuous position upon the said premises.

§ 60-3 Township action upon failure to abate.

In the event that the owner or occupant shall refuse or neglect to abate such health or nuisance within a period of 10 days as required by such notice, the Township may cause such weeds, vines, tall grasses, poison ivy, poison sumac, poison oak or other objectionable vegetation to be cut, eradicated and removed, keeping an account of the expenses of inspecting the premises, service of notice and abating the health hazard and nuisance; and all such costs and expenses shall be charged to and paid by such owner or occupant.

§ 60-4 Repayment of removal costs; filing of municipal claim.

All costs and expenses incurred by the Township in the abatement of such health hazards and nuisances shall be a lien upon the premises, and whenever a bill therefor remains unpaid for a period of 60 days after it has been rendered, the Township Solicitor shall file a municipal claim or an action of assumpsit for such costs and expenses, together with a penalty of 10%, in the manner provided by law for the collection of municipal claims.

§ 60-5 Violations and penalties.

A. 
Any person or persons, firm or corporation who shall violate any of the provisions of this chapter, upon conviction thereof, shall be liable to pay a fine or penalty not to exceed $1,000 plus costs of prosecution for each and every offense. All fines and penalties imposed by this chapter are recoverable by summary proceedings before the Magisterial District Judge, and all suits or actions at law instituted for the recovery thereof are to be in the name and for the use of Upper Gwynedd Township, against which the offenses are committed. In default of payment of any fine or penalty imposed by any Magisterial District Judge under the provisions of this chapter, the person or persons so offending may be committed to the Montgomery County Prison for a period not exceeding 30 days.
[Amended 11-23-1992 by Ord. No. 92-15[1]]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Each day a violation is committed shall constitute a separate offense and shall be punishable as such hereunder.
C. 
This section shall not preclude the Township from any other remedy it may have at law or equity.