Township of Westtown, PA
Chester County
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[HISTORY: Adopted by the Board of Supervisors of the Township of Westtown 4-5-1965 by Ord. No. 65-1. Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 126.
[Amended 11-18-2013 by Ord. No. 2013-2]
A. 
Between the dates of May 1 and September 30 of any year, no person, firm, corporation or other entity owning or occupying any land within the Township of Westtown shall allow any grass, weeds or other vegetation whatsoever, which is not normally considered edible or planted and maintained for some useful or ornamental purpose, to grow or remain upon such land uncontrolled, to cause any unpleasant or obnoxious odor, to conceal any filthy deposit, to provide a place for the accumulation of garbage or rubbish, to produce any obnoxious pollen or seed, or to provide a breeding place for insects. Any such grass, weeds or vegetation growing upon any land in the Township in violation of the provisions of this section is hereby declared to be a nuisance and detrimental to the health, safety, cleanliness, comfort and general welfare of the citizens of the Township.
B. 
Bamboo is a group of perennial evergreens in the true grass family (Poaceae) and are often called "tree" grasses because of their large, woody, branched stems. Certain of the more than 1,450 species of bamboo can be invasive and can grow to 40 feet in height and have been planted next to public roadways in the Township. During wind, rain and/or snow storm events, the stalks of the bamboo plants bend and can block portions of public roads, cause a hazard to highway traffic and impair the use and maintenance of the roads. The Board of Supervisors has, therefore, determined that bamboo species, including, but not limited to, Bambuseae, Phyllostachys and Pseudosasa, including Common Bamboo, Golden Bamboo and Arrow Bamboo, shall not be planted, maintained or otherwise permitted to exist within 40 feet of the edge of pavement or the traveled portion of any public roadway in the Township. All bamboo located on any property and within 40 feet of the edge of pavement or the traveled portion of a public road is hereby declared to be a nuisance.
[Amended 8-6-2001 by Ord. No. 2001-5; 11-18-2013 by Ord. No. 2013-2]
A. 
The owner of any premises which is vacant or occupied by the owner and the occupant of any premises occupied by other than the owner thereof shall remove, trim, cut or otherwise control all grass, weeds or other vegetation growing or remaining upon such owned or occupied premises in violation of the provisions of § 54-1A of this chapter. It shall be the duty of all owners and occupiers of lands owned or occupied by them to keep the same in good order and to keep all fields, yards, lots and other open areas mowed and trimmed and the same shall be mowed once before June 15 and again before October 1 of each and every year.
B. 
Property owners or occupants of properties containing bamboo in violation of the prohibition set forth in § 54-1B of this chapter shall remove and abate the growth of the bamboo within 40 feet of the edge of the pavement or the traveled portion of a public road within the Township and shall keep the same in good order and free of bamboo at all times.
[Amended 11-18-2013 by Ord. No. 2013-2]
The Supervisors of the Township or their duly authorized agents are hereby authorized to give notice by personal service or by United States mail directed to the last known address of the owner or occupant, as the case may be, of any lands whereon bamboo, grass, weeds or other vegetation is growing or remaining in violation of the provisions of §§ 54-1 and 54-2 of this chapter and directing such occupant or owner to remove, mow, cut or trim such bamboo, grass, weeds or vegetation so as to conform to the requirements of this chapter. The owner or occupant shall conform to the directions of the notice within five days after the issuance thereof. In the event that any person, firm, corporation or other entity so notified shall neglect, fail or refuse to comply with such notice within the period of time stated therein, the Township or its authorized agents may remove, trim, cut or mow such bamboo, grass, weeds or other vegetation, and the cost of such removal, trimming, cutting or mowing, together with the additional penalty provided by law, may be collected by the Township from such person, firm, corporation or other entity in the manner provided by law, including the placing of a municipal lien on the offending property.
Any person who violates or permits a violation of this chapter shall, upon conviction 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 punishable by a fine of not more than $1,000, plus costs of prosecution. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.