Township of Whitemarsh, PA Chapter 114 Weeds

[HISTORY: Adopted by the Board of Supervisors of the Township of Whitemarsh 7-19-1979 by Ord. No. 369. Amendments noted where applicable.]

GENERAL REFERENCES

Property maintenance — See Ch. 90.

§ 114-1 Definitions.

For the purposes of this chapter, the following terms shall have the meanings indicated:

PERSON

Any natural person, partnership, corporation or other entity or association.

WEEDS

Any vegetation not native to the United States, East of the Mississippi as well as any and all featured invasives and additional species identified in the 2002 or subsequent editions of Plant Invaders of the Mid-Atlantic Areas (J. Swearingen et al., published by the National Park Service and U.S. Fish & Wildlife Service). Specifically excluded from the definition of “weeds” shall be those identified as trees and native alternatives in the foregoing publication or subsequent editions.

[Amended 5-11-2006 by Ord. No. 813]

§ 114-2 Control of vegetation.

No person or persons who either own or occupy any tract in Whitemarsh Township shall permit any weeds to exceed the height of 12 inches in the areas hereafter designated:

A. In a clear-sight triangle, as defined in the Whitemarsh Township Subdivision Code,[1]or its successor provision as defined from time to time.

[1] Editor's Note: See § 105-5.

B. Within 25 feet of the cartway of any public street, when deemed necessary for the public safety, and within 25 feet of any property line which is not adjacent to a public street; except that this twenty-five-foot requirement shall be waived with the mutual consent of all property owners abutting the common property line.

§ 114-3 Notice of violation.

If it is determined that the growth of weeds is in violation of § 114-2, a Township representative may notify the owner or occupant of such tract to remedy such condition within five days of the date of service of such notice. Such notice may be given personally or by delivering the same to any adult person in charge of the premises, or, if no person is found upon the tract, by posting a copy of the notice at a prominent location on such tract and by sending a copy of the notice by certified mail addressed to the owner of the tract at the address shown on Township tax records. Such notice shall be deemed received by the addressee two days after it is mailed.

§ 114-4 Right of Township to correct violations; liability for expenses.

Upon the failure, neglect or refusal of any owner or occupier so notified to cut, destroy and remove such weeds within five days after receipt of the written notice provided for in § 114-3 above, the Township Manager is hereby authorized and empowered to pay for the cutting, destroying and removal of such weeds or to order the removal by the Township. The owner and occupier of the tract on which work is done pursuant to this section shall be liable to the Township, in a civil action or by the filing of a municipal claim, for the expense incurred by the Township, together with all costs of suit and reasonable attorneys' fees incurred by the Township in such litigation. Such liability shall be joint and individual if there is more than one person owning and occupying the tract.

§ 114-5 Violations and penalties.

[Amended 3-18-1982 by Ord. No. 425; 12-8-1988 by Ord. No. 565]

Any person or persons, corporation, partnership or other entity whatsoever violating any of the provisions of this chapter shall, upon conviction, be sentenced to pay a fine not to exceed the maximum fine of $1,000, plus costs of prosecution, and, in default of payment of such costs and prosecution, imprisonment for a term not exceeding 30 days; provided, however, that if the District Justice determines that the defendant is without the financial means to pay the fines and costs immediately or in a single remittance, such defendant shall be permitted to pay the fines or costs in installments and over such periods of time as the District Justice deems to be just.