It is the purpose and intention of this chapter
to require grass, weeds and similar vegetation to be cut and removed
from all property in the Borough of Marietta in order to maintain,
provide for and protect the health, safety and welfare of the inhabitants
of the Borough of Marietta.
It shall be unlawful for any person, firm or
corporation owning or having a present interest in any real estate
in the Borough of Marietta to permit grass, weeds and similar vegetation
not planted for some edible, useful or ornamental purpose to grow
more than one foot high or remain on the property owned by him/her
or it in the Borough of Marietta, and all such vegetation is hereby
declared to be a nuisance and detrimental to the health, safety and
welfare of the inhabitants of the Borough.
Any person who violates or permits a violation
of this chapter shall, upon conviction in a summary proceeding under
the Pennsylvania Rules of Criminal Procedure, be guilty of a summary
offense and shall be punishable by a fine of not more than $1,000,
plus court costs and reasonable attorneys’ fees incurred by
the Borough in the enforcement proceedings. If the Magisterial District
Judge 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 Magisterial District Judge deems
to be just. Upon judgment against any person by summary conviction,
or by proceedings by summons on default of the payment of the fine
or penalty imposed and the costs, the defendant may be sentenced and
committed to the county correctional facility for a period not exceeding
30 days. Each day that such violation exists shall constitute a separate
offense, and each section of this chapter that is violated shall also
constitute a separate offense. In addition to or in lieu of enforcement
under this section, the Borough may enforce this chapter in equity
in the Court of Common Pleas of Lancaster County.