[HISTORY: Adopted by the Board of Commissioners of the Township of
South Fayette as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-30-1989 by Ord. No. 366]
From and after the enactment of this article, it shall be unlawful for
any person, firm or corporation to allow or permit to remain upon any public
or private grounds in the Township of South Fayette, in areas zoned "residential,"
any growth of weeds and/or grass of such height hereafter established.
If the Code Enforcement Officer shall determine that the growth of weeds and/or grass on any residential-zoned property; that is, R-1, R-2, R-2A and R-3; under Chapter 240, Zoning, exceeds the height of nine inches, the owner or owners of the ground upon which such growth exists shall cause the removal thereof within 15 days from receipt of the date of written notice from the Code Enforcement Officer. Upon failure of the owner or owners to comply with said written notice of removal, the township shall cause the removal of said growth to be done and collect the costs thereof, together with a penalty of 10% of such costs, from the owner, owners or occupiers of the ground upon which such growth exists in the manner provided by law for the collection of municipal claims or by action of assumpsit.
The terms and provisions of this article shall not apply to lands devoted
to agricultural use or otherwise actively cultivated. It shall likewise not
apply to undeveloped area or to areas which, by reason of slope, steepness
or terrain or other geographic features, render the property inaccessible.
The Code Enforcement Officer shall make the initial determination of inaccessibility
subject to review by the Township Commissioners. This article shall likewise
not apply to hedges or other vegetation grown for ornamental purposes which
are trimmed and otherwise reasonably maintained. Such trimming must be done
on at least an annual basis, and such hedges or other ornamental vegetation
must be confined to the property owner's lot and otherwise conform with
all other township ordinances.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine of not
more than $1,000, plus costs of prosecution and, in default of such fine and
costs, to imprisonment for a term not to exceed 90 days.
[Adopted at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
A.
No person, firm or corporation owning or occupying any
property within the Township of South Fayette shall permit any grass or weeds
or any vegetation whatsoever not edible or planted for some useful or ornamental
purpose to grow or remain upon such premises so as to exceed a height of 12
inches; nor shall any noxious weeds prohibited by the Noxious Weed Control
Law (3 P.S. § 255.8) or by regulations of the Department of Agriculture
be permitted to grow within the Township of South Fayette, including:
B.
Any grass, weeds or other such vegetation growing upon
any premises in the Township of South Fayette in violation of any of the provisions
of this section which is detrimental to health, safety, cleanliness and comfort
of the inhabitants of the township is hereby declared to be a nuisance.
The owner of any premises or the occupant of premises occupied by other than the owner shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 120-5.
The Board of Commissioners or any officer or employee of the township designated thereby for this purpose is hereby authorized to give notice, by personal service or by United States Mail, to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation is growing or remaining in violation of the provisions of § 120-5 of this article, directing and requiring such occupant to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this article within 30 days after issuance of such notice. Whenever, in the judgment of the Board of Commissioners, it shall appear to be impracticable to give notice as above provided, either because the owner or occupant cannot readily be found or because a search for the owner or occupant would entail unreasonable delay, the Board of Commissioners or any officer or employee of the township designated thereby for that purpose may give notice by posting conspicuously on the property where such nuisance exists a notice or order directing and requiring that such nuisance be abated within 30 days. In case any person, firm or corporation shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Board of Commissioners may order the removal, trimming or cutting of such grass, weeds or vegetation, and the cost thereof, together with a penalty of 10% of the cost thereof, shall be collected by the township from such person, firm or corporation in the manner provided by law.
Any person, firm or corporation who shall violate any provision of this
article shall, upon conviction thereof, be sentenced to pay a fine not more
than $1,000, plus costs of prosecution and, in default of payment of such
fine and costs, to undergo imprisonment for a term not to exceed 30 days.
Each day that a violation of this article continues after notice shall constitute
a separate offense.
