[HISTORY: Adopted by the Borough Council of the Borough of Bridgeport 7-1-1968 by Ord. No. 305, approved 7-1-1968 (Ch. 53 of the 1975 Code). Amendments noted where applicable.]
[Added 8-12-1975 by Ord. No. 419, approved 8-12-1975]
As used in this chapter, the following terms shall have the meanings indicated:
- TALL GRASS
- All grass over 12 inches in height.
From and after passage of this chapter, it shall constitute a public nuisance for any person, firm or corporation, being the owner or occupant of any tract of land or premises situate in the Borough of Bridgeport, to permit the growth or accumulation of Canada thistles or chicory or other weeds, tall grasses or objectionable vegetation on said tract of land or premises.
[Amended 8-12-1975 by Ord. No. 419; 3-14-1989 by Ord. No. 507, approved 3-14-1989; 2-23-2016 by Ord. No. 2016-006, approved 2-23-2016]
It shall be the duty of every owner of premises, as aforesaid, on which any Canada thistles or chicory or other weeds or tall grasses or objectionable vegetation shall grow or accumulate, to remove the same and prevent them from going to seed, and every owner or occupant of tracts of land or premises, as aforesaid, who shall fail or refuse to comply with the provisions of this chapter shall be subject to the following procedure:
The municipal official shall issue a written ticket to the owner of the property which shall provide for a penalty as defined by resolution of the Borough Council. If this penalty is paid within 10 days of its issue and the condition that warranted the ticket is abated, then the violation is discharged. This penalty may be adjusted from time to time by resolution of the Municipal Council.
If the violator does not pay the penalty or does not abate the condition that warranted the issuance of the ticket as provided for in this chapter, then the municipality shall cause a nontraffic citation to be issued for the violation of this chapter. The municipality may also cause the condition to be abated in accordance with this chapter.
The nontraffic citation shall be forwarded to and adjudicated by a Magisterial District Judge. If found guilty of the violation, the violator shall be sentenced to a fine of no more than $300, plus costs of prosecution and reasonable attorneys' fees.
Each day that a violation of this chapter continues shall constitute a separate offense. In default of payment of said fine, costs and fees, the violator may be imprisoned in the county jail for a term of not more than 30 days.
[Amended 8-12-1975 by Ord. No. 419, approved 8-12-1975]
Further, and in no limitation of the duties, penalties or responsibilities hereinbefore set forth, the Borough Council of the Borough of Bridgeport shall cause to be published, once each year during the growing season, in the official newspaper of the Borough, notice to all owners or occupants of tracts of land or premises to prevent the growth or accumulation of Canada thistles or chicory or other weeds, tall grasses or objectionable vegetation and to keep them from going to seed on such lands or premises.
If the owner or occupant of a tract of land or premises, as aforesaid, to whom such notice has been given fails, neglects or refuses to comply with the said notice or order for the abatement or removal of the said growth in accordance with the notice, the Borough Council of the Borough of Bridgeport or its agents or employees may enter upon the tract of land or premises to which said order relates and abate or remove such nuisance, cut such weeds and prevent seeding.
The expense incident to such abatement or removal or cutting of weeds to which the Borough is put shall be paid by the owner or occupant of such tract of land or premises and may be billed by the Borough Council of the Borough of Bridgeport to such owner or occupant, as aforesaid, together with an additional 10% thereof to be added thereto to cover expenses incidental to the enforcement hereof, and in default of payment of such bill, a lien may be filed by the said Council, in the name of the Borough of Bridgeport, in the Court of Common Pleas of Montgomery County, within 30 days of the date of completion of the work of abatement or removal, subject to the same proceedings and rights for entry and revival of judgment and execution as are provided by law for other municipal liens.
The Borough Council of the Borough of Bridgeport ordains and enacts this chapter to promote and preserve the health and welfare of the residents of the Borough pursuant to the powers granted to it by the Borough Code. For the purpose of enforcing the civil provisions of this chapter, Borough Council shall undertake to accomplish the same on its own motion and/or resolution as the occasion warrants. So far as the enforcement of the noncivil remedy afforded by this chapter, the Borough Council of the Borough of Bridgeport hereby designates the members of the Borough Board of Health or the Health Officer of the Borough or the Borough Building Inspector as the proper party or parties empowered to initiate proceedings for the enforcement hereof before any Magisterial District Judge of the Borough.