[HISTORY: Adopted by the Council of the Borough of Darby 7-6-1942 by Ord. No. 335, approved 7-6-1942. Amendments
noted where applicable.]
GENERAL REFERENCES
Dumps and dumping — See Ch. 67.
From and after the passage of this chapter, it shall be unlawful
for any person, association, partnership or corporation to permit
any noxious weeds, grasses and other rank, poisonous or harmful vegetation
to grow or remain on premises owned or occupied by such person, association,
partnership or corporation in the Borough of Darby, Delaware County,
Pennsylvania.
[Amended 11-9-1970 by Ord. No. 500, approved 11-9-1970]
The cutting of such weeds, grasses and vegetation once each
three weeks during the months of May, June, July, August and September
and the removal of the weeds, grasses and vegetation so cut shall
be deemed to be a sufficient compliance with this chapter.
Proof that noxious weeds, grasses and other rank, poisonous
or harmful vegetation at least 12 inches in height are standing or
growing on property within the Borough shall be prima facie evidence
that such weeds, grasses and vegetation are being permitted to grow
and remain on the premises in violation of this chapter.
[Amended 11-9-1970 by Ord. No. 500, approved 11-9-1970]
If the provisions of this chapter are not complied with after
five days' written notice mailed to or served upon said such person,
association, partnership or corporation, the Borough officials may
cause such weeds, grasses and vegetation on such lot or land to be
cut and removed, and the cost thereof, together with penalty and interest,
shall be a lien against the property, which lien shall be filed and
recovery thereon made as provided by law for the removal of nuisances.
[Added 11-9-1970 by Ord.
No. 500, approved 11-9-1970; amended 3-5-1975 by Ord. No. 557, approved 3-5-1975]
A failure to comply with the five-day written notice mentioned in § 51-4 hereof is deemed a violation of this chapter. Any person who violates the chapter shall be subject to a penalty to be imposed by a Justice of the Peace in an amount not more than $300. Each day that there is noncompliance with the terms of this chapter shall subject the violator to a separate penalty for each and every day of noncompliance. Upon the failure of the violator to pay the fine or penalty and costs, he shall be subject to imprisonment by the Justice of the Peace for a term of not more than 30 days. The imposition of a fine and costs and/or imprisonment shall be a separate remedy. The Borough will also be able to proceed under § 51-4 for the removal of the weeds, grasses and vegetation and shall have a right to impose a lien for the costs of such removal.
