[HISTORY: Adopted by the Board of Supervisors of the Township of
Straban 8-27-1984 as Ord. No. 25. Amendments
noted where applicable.]
No person, firm, partnership or corporation owning or having a present
interest in or occupying any real estate or any lot where houses inhabited
by humans are closer than 300 feet to each other and including any land within
a one-hundred-fifty-foot radius from each of these dwellings, also to include
150 feet on each side of any public road right-of-way which lies within the
above described radius, shall permit any grass or weeds or vegetation not
edible or planted for some useful or ornamental purpose to grow or remain
on such premises so as to exceed a height of 10 inches or to throw off any
unpleasant or obnoxious odor or to conceal any debris or to create or to produce
pollen. All such vegetation is hereby declared to be a nuisance and detrimental
to the health, safety, cleanliness and comfort of the inhabitants of the township;
provided, however, that weeds or grass intermingled with growing cultivated
crops on agricultural land or land in agricultural use shall not come within
the provisions of this chapter.
The owner of any such premises, whether occupied by the owner or not,
shall be responsible to remove, trim or cut all such vegetation growing or
remaining upon such premises in violation of the provisions of the first section
of this chapter. Both the owner and the occupant, in the case of premises
occupied by other than the owner, shall be jointly responsible for the compliance
with this chapter.
Prior to the enforcement of the penalties as hereinafter imposed in
this chapter, the Township Supervisors, or any officer or employer of the
township designated thereby for the purpose, is hereby authorized to give
notice in writing by United States Certified Mail or by personal delivery
to the owner or the occupant, or either of them, of a violation of the terms
and conditions of this chapter, directing and requiring such occupant or owner
or both of them to remove, trim or cut such grass, weeds or vegetation so
as to conform to the requirements of this chapter, within 10 days after receipt
of such notice.
If any such owner and/or occupant shall neglect to comply with such
notice within the period of time stated herein, the township authorities shall
have the following remedies:
A.
They may remove, trim or cut such grass, weeds or vegetation
so as to comply with the provisions of this chapter; and the reasonable cost
thereof, together with an additional penalty of 10% of reasonable costs may
be collected by the township from such owner or occupant as a penalty under
the provisions of this chapter or in any other manner provided by law. This
right, as herein vested in the township, shall be in addition to penalties
prescribed by the provisions of this chapter for the conviction of the owner
or occupant as aforesaid to comply with the terms of this chapter.
B.
They may initiate summary proceedings against
any person, firm or corporation who shall violate any of the provisions of
this chapter, who shall, upon conviction thereof by a summary proceeding before
a District Justice, be sentenced to pay a fine of not more than $1,000, and
the costs of prosecution; each day's continuation of violation of this
chapter shall constitute a separate offense. The first day of violation shall
commence 24 hours after the receipt of the notice of violation.[1]
