[HISTORY: Adopted by the Board of Supervisors of the Township of Upper Uwchlan 10-3-1988 by Ord. No. 88-03. Amendments noted where applicable.]
The Board of Supervisors of the Townships of Upper Uwchlan hereby declares that the excessive growth of noxious weeds and other vegetation is, by reason of being detrimental to the health of the community, hereby declared to be a nuisance. For the purposes hereof, excessive growth shall be any weeds or other vegetation exceeding 18 inches in height.
Any owner or occupier of any ground within the Township of Upper Uwchlan shall be and is hereby required to keep all such noxious weeds and vegetation growth within 125 feet of any building, which is in use as a residence, cut down to such an extent that there may be no distribution of pollen or dust therefrom, and that breeding places for insects be prevented.
The Township Officer of the Township of Upper Uwchlan may give notice to any such property owner or occupant of the violation of the terms of this chapter, together with directions that the chapter be complied with and the offending vegetation be cut down, and, if said notice by the Health Officer has not been complied with within a period of 72 hours following notice, then in such case the Township of Upper Uwchlan may, with its workmen, agents, or independent contractors, enter upon said premises and abate said nuisance at the cost of the property owner or occupant of the premises, which cost may be determined by the prevailing prices and wage rates for such work within the local area, together with a penalty of $50, but no charge may be less than $10.
Upon the completion of the work, it shall be the duty of the Secretary of the Board of Supervisors, upon proper certification, to bill the property owner or occupant for the amount of said charge with penalty, and if not paid within 10 days thereafter, the Township Supervisors shall institute suit for the recovery of said bill, penalty and costs, or at their discretion enter a lien against the premises on which the work has been done in accordance with the Act of Assembly in such case made and provided.
Any notice required to be given under the provisions of this chapter may be delivered by an officer or agent of the Township, or by registered or certified mail, addressed to the owner of the premises, if not residing in the Township, and the date of the receipt of notice, if personally served, and the date indicated on the return receipt if served by mail, shall be deemed the time of notice.
In addition to the right given the Township by this chapter to collect the cost of abatement of the nuisance, any refusal on the part of any owner or occupier to comply with the provisions of said notice shall be deemed to be a violation of this chapter, and any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a District Justice under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.