[HISTORY: Adopted by the Board of Supervisors
of the Township of West Goshen 4-3-1968 by Ord. No. 5-1968.
Amendments noted where applicable.]
This chapter shall be cited as the "West Goshen
Weed Ordinance of 1968."
[Amended 9-26-2001 by Ord. No. 12-2001]
A.
The following plants are declared to be noxious weeds
and shall be removed by the owner from each lot, parcel or tract of
ground ("the lot") located within West Goshen Township ("the Township")
as often as necessary to prohibit their growth: ragweed, poison ivy,
poison oak, Canadian thistle, bull or spear thistle, jimsonweed, mile-a-minute,
kudzu vine, Johnson grass, purple loosestrife, chickory and blue daisy.
Such growth is hereby declared to be a public nuisance and a danger
to the public health, safety and general welfare and is, therefore,
prohibited.
B.
Between May 1 and September 30 of each calendar year, the owner of each lot shall control excessive vegetation by mowing or cutting such lot as often as is necessary to keep grass, brush, weeds and similar vegetation, not otherwise controlled by Subsection A or exempted by Subsection C of this § 81-2, growing on a lot to a height not to exceed 12 inches or less.
C.
The provisions of Subsection B of this § 81-2 shall not apply to, wildflowers and cultivated flowers, inclusive of annuals, biennials, and perennials, farm-grown grains, vegetables and similar plants intended for animal and human consumption, vegetable gardens, trees, and cultivars, all of which are exempted from the provisions of this chapter.
D.
Bamboo species,
including, but not limited to Bambusa, Phyllostachys, and Pseudosasa,
including common bamboo, golden bamboo, arrow bamboo, shall not be
planted, maintained or otherwise be permitted to exist within 40 feet
of the edge of the pavement or traveled portion of any public roadway
in West Goshen Township. Property owner(s) whose property contains
bamboo shall remove and abate the growth of the bamboo within 40 feet
of the edge of the pavement or traveled portion of a public road in
West Goshen Township.
[Added 6-12-2013 by Ord.
No. 05-2013]
[Added 9-13-2017 by Ord.
No. 7-2017]
A.
The property owner or person in possession and control of property
within the Township shall be responsible for maintaining any and all
trees, branches, vines, shrubs and other landscaping on their property
so that they do not unreasonably affect or interfere with the health,
safety or welfare of the public or the right of the public to the
unobstructed use of the public roads or public property. If the condition
of any tree, branch, vine, shrub or other landscaping on private property
in the Township, because of disease or otherwise, unreasonably affects
or interferes with the health, safety or welfare of the public or
the right of the public to the unobstructed use of the public roads
or property, the Township shall send written notice via certified
mail to the property owner or person in possession and control of
the property ordering that such obstruction be cut and/or removed
from the public road or public property within 30 days from receipt
of the notice. If the property owner fails to remove such obstruction
within 30 days, the Township may enter the property and remove the
obstruction. Thereafter, the Township's cost of cutting and/or
removing the obstruction shall be billed to the property owner or
the person in possession and control of the property and shall be
due and payable within 10 days of the date the Township bills the
property owner for the cost of the cutting and/or removal of the obstruction.
If the amount of the bill is not paid within 10 days, all amounts
due and owing shall be deemed to be delinquent and shall be subject
to a penalty of 10% of the amount billed.
B.
If the billing is not paid within 15 days, the Township may file
an action in assumpsit or any proceeding otherwise provided by law
to recover the amount of the delinquent bill together with any costs,
attorney's fees or expenses, or may file a municipal lien against
the property pursuant to the procedure established in the Pennsylvania
Municipal Lien Law for any amounts due and owing the Township. Such
lien shall be collected in the manner provided for by law for the
filing and collection of such municipal liens. All of the Township's
remedies shall be cumulative.
C.
In the event that a tree, branch, vine, shrub or other landscaping
has fallen into the Township right-of-way and obstructs the use of
the public roads or is creating a hazardous condition which requires
immediate attention, the Township will immediately remove the obstruction
from the right-of-way and bill the property owner for the cost of
removing the obstruction.
[1]
Editor's Note: Former § 81-3, Public notice, as
amended, was repealed 6-12-2013 by Ord. No. 05-2013.
[1]
Editor's Note: Former § 81-4, Specific notice to
violators, as amended, was repealed 6-12-2013 by Ord. No. 05-2013.
[1]
Editor's Note: Former § 81-5, Failure to remove;
work by Township; costs, as amended, was repealed 6-12-2013 by Ord.
No. 05-2013.
[Amended 7-24-1996 by Ord. No. 7-1996; 3-12-1997 by Ord. No.
2-1997]
Any person who violates or permits the violation
of any provision of this chapter shall, upon conviction thereof 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 subject to the payment of a fine of not less than $100 and not
more than $1,000, plus the costs of prosecution. In default of payment
thereof, the defendant may be sentenced to imprisonment in the county
prison for a term of not more than 30 days. Each section or provision
of this chapter that is violated shall constitute a separate offense,
and each day or portion thereof in which a violation of this chapter
is found to exist shall constitute a separate offense, each of which
violations shall be punishable by a separate fine imposed by the District
Justice of not less than $100 and not more than $1,000, plus the costs
of prosecution, or upon default of payment thereof, the defendant
may be sentenced to imprisonment in the county prison for a term of
not more than 30 days. All fines and penalties collected for the violation
of this chapter shall be paid to the Township Treasurer.
