[HISTORY: Adopted by the City Council of the City of Altoona 6-12-1984 by Ord. No.
4833 (Ch. 1880 of the 1974 Codified Ordinances).
Amendments noted where applicable.]
As used in this chapter, the following terms shall the meanings
indicated:
Any person who lives in or has actual possession of a residential
or nonresidential structure.
An owner of real property, a mortgagee or vendee in possession,
an assignee of rents, a receiver, an executor, a trustee, or an authorized
representative of any of the foregoing.
Includes the singular and the plural and means and includes
any individual, firm, corporation, association, club, copartnership,
society or other legal entity.
No person owning or occupying any property in the City shall
permit any grass, weeds or any other vegetation, not edible or planted
for some useful or ornamental purpose, to grow or remain upon such
property so as to exceed a height of eight inches or to throw off
any unpleasant or noxious odor or to conceal any filthy deposit or
to create or produce pollen. Any grass, weeds or other vegetation
growing upon any property in the City in violation of this section
is hereby declared to be a nuisance and detrimental to the health,
safety, cleanliness and comfort of the inhabitants of the City.
The owner and/or occupant of any property shall trim, cut and
remove all grass, weeds or other vegetation growing or remaining upon
such property in violation of any of the provisions of this chapter.
No person owning or occupying any property in the City shall
permit trees and/or shrubbery on such property to obstruct public
sidewalks, walkways, paved or unpaved rights-of-way, public and private
streets and alleys, or the full view of traffic signs. Trees that
are in danger of falling or diseased trees that constitute a threat
to other trees shall be promptly removed by the property owner.
A.
The City of Altoona Code Enforcement Officer and/or the City of Altoona Public Works Department are hereby charged with the duty of enforcing this chapter. All persons shall, within 10 days after notice to do so, either by personal service or by United States mail, from such enforcement officers of the City, cut or destroy and remove grass, weeds or other vegetation from any property upon which the same is growing in violation of any of the provisions of this chapter and/or take the corrective action necessary to remove the violation specified in § 390-4.[1]
B.
Whenever, in the judgment of the enforcement officer, it appears
to be impractical to give notice as stated above, either because the
owner or occupant cannot readily be found or because a search for
the owner or occupant would entail unreasonable delay, the City or
the enforcement officer may give notice by posting, in a conspicuous
place on the property where such nuisance exists, a notice or order
directing and requiring that such nuisance be abated within 10 days.
A.
Whoever violates or fails to comply with any of the provisions of this chapter shall be fined not less than $25 nor more than $1,000 and costs of prosecution or shall be imprisoned not more than 90 days, or both, for each offense. Upon conviction, the person must abate the stated violation within seven days. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. In lieu of the abatement required by this subsection, the City may abate the nuisance pursuant to Subsection B hereof.
B.
In addition to the penalties provided in Subsection A hereof, the City of Altoona Code Enforcement Officer and/or the City of Altoona Public Works Department may, when any person fails to abate a violation of § 390-2 and/or 390-4, have the offending condition removed from the property by maintenance personnel of the City of Altoona and certify the cost of such abatement to the property owner. Should the property owner not reimburse the City within 30 days after notice to do so from the City of Altoona Code Enforcement Officer and/or the City of Altoona Public Works Department, the cost of such abatement shall be certified to the City Solicitor. The cost of such abatement shall become a lien upon such property from the time of such abatement, to be collected according to law.
