[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.]
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.
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.
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.
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.
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]]
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.
