[HISTORY: Adopted by the Board of Supervisors
of the Township of Lower Makefield 3-13-1989 as Ord. No. 239. Amendments
noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 153.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes, but is not limited to those weeds designated as
"noxious weeds" by the Commonwealth of Pennsylvania.
No person, firm, corporation or other entity
owning or occupying any property within the Township of Lower Makefield,
Bucks County, Pennsylvania, shall permit the growth of any noxious
plant, weed or any other type of plant which may be injurious to the
health, safety or comfort of any person.
No person, firm, corporation or other entity
owning or occupying any property or any other person, firm, corporation
or other entity in charge of any land or property located within Lower
Makefield Township, Bucks County, Pennsylvania, shall permit any grasses,
plants and weeds to grow to a height of more than ten (10) inches
on any such land.
Whenever, on any property, the vegetation prohibited pursuant to §§ 84-1 and 84-2 of this chapter shall be prohibited to exceed levels as set forth in this chapter, the Township Manager shall cause notice, in writing, to be given to the owner and/or occupant of any property where growth in excess of the specified limits is found to exist. Notice shall specify the location of the offending growth and require removal thereof within five (5) days of the date of the notice. If the address of the owner is unknown and is within the township, notice shall be given personally by a township employee. If the address of the owner is beyond the township, notice shall be given by certified mail to such notice. If the address of the owner is not known or if service cannot be made by certified mail, then notice shall be made by posting the property. Failure of any owner and/or occupant to comply with the requirements of such notice within five (5) days of receipt of or posting of a notice shall be prima facie evidence of violation of this chapter.
Any person, firm or corporation who or which
shall violate any of the provisions of this chapter, upon conviction
thereof, shall be sentenced to pay a fine of not more than one thousand
dollars ($1,000.) and the cost of prosecution and reasonable attorney's
fees, provided that each day's violation shall constitute a separate
offense. If the defendant neither pays nor timely appeals the judgment,
the township may enforce the judgment pursuant to the applicable rules
of civil procedure.
In the event of the failure of the owner and/or
occupant after proper notice to comply with the notice and with the
provisions of this chapter, the township may, at its sole discretion,
mow, destroy and dispose of such offending vegetation in such fashion
as the Township Manager shall see fit. Such action by the township
shall not relieve the owner and/or occupant of penalties for violations
of this chapter. The township may, by proper accounting means, compute
the cost of such action on its part and either file a lien against
the property upon which such action was taken or proceed by civil
suit against the owner and/or occupant upon which the action was taken.