[HISTORY: Adopted by the Borough Council
of the Borough of Clarion 9-1-1981 as Ch. 30, Part 2, of the 1981 Code; amended in its entirety 7-5-2005 by Ord. No.
2005-733. Subsequent amendments noted where applicable.]
A.Â
All words and phrases shall be defined according to
their normal and common usage unless otherwise identified herein.
B.Â
PROPERTY or PREMISES
STREET
VEGETATION
As used in this chapter, the following terms shall
have the meanings indicated:
Shall be construed to include the area under the control
of the owner located between the improved portion of the street and
the property line and commonly identified as the street right-of-way.
Shall include the terms "alley," "place," "way," "drive,"
"road" or similar term but not a driveway, private drive or private
right-of-way.
Shall include, but shall not be limited to, any grass, weeds,
flowers, plants, flowering plants, bushes, flowering bushes or any
other growth commonly identified as vegetation.
No person, firm or corporation or representative
of any firm or corporation, owning and/or occupying any property within
the Borough of Clarion, shall permit any brush, grass, weeds, or any
vegetation whatsoever, not planted or grown for some useful or ornamental
purpose, to grow or remain upon such property so as to exceed a height
of six inches or to throw off any unpleasant or noxious odor or to
conceal any filthy or hazardous condition or produce pollen or encroach
on the public sidewalks so as to diminish any portion of the full
width of said sidewalk or to cause an unsafe condition, such as a
trip hazard or slippery surface upon such sidewalk. Any brush, grass,
weeds or other vegetation growing upon any property within the Borough
in violation of the provisions of this section is hereby declared
to be nuisance to the public and detrimental to the health, safety,
welfare and comfort of the inhabitants of the Borough of Clarion.
The owner, as in the case of vacant property or premises or property or premises occupied by the owner, and the occupant thereof shall be jointly responsible for the removal, cutting and/or trimming of all brush, grass, weeds or other vegetation growing or remaining upon such property or premises in violation of the provisions of the preceding § 69-1 of this chapter. Notwithstanding anything set forth in this chapter, the owner may assign his/her or its obligations described herein to his/her or its tenant(s); provided, however, the owner shall be solely responsible for all violations and penalties provided by this chapter.
The Borough Manager or his/her designated agent,
be it either the Chief of Police, police officer or Zoning Officer,
shall give notice by personal service or by U.S. Mail to the owner
and to the occupant, when the occupant is known, identifying any premises
whereon any brush, grass, weeds or other vegetation is growing or
remaining in violation of the provisions of this chapter, directing
and requiring such owner and occupant to remove, cut and/or trim such
brush, grass, weeds or other vegetation so as to conform to the requirements
of this chapter within five days of the date of issuance of such notice.
Failure to continue maintenance by cutting and/or trimming the brush,
grass, weeds and other vegetation identified in said notice on a regular
basis shall not require additional notice of violation applying to
the same property or premises.
Upon default of any person, firm or corporation
responsible to remove, cut and/or trim any brush, grass, weeds or
other vegetation growing or remaining in violation of the provisions
of this chapter, the Borough may, at its discretion, remove, cut and/or
trim, or cause to be removed, cut and/or trimmed, any brush, grass,
weeds or other vegetation on any property or premises deemed to be
in violation. The cost thereof, plus 10%, shall be collected by the
Borough from such person, firm or corporation in the manner provided
by law.
[Amended 12-20-2013 by Ord. No. 2013-798]
Any person, firm or corporation who or which
shall violate or fail, neglect or refuse to comply with any provision
of this chapter shall, upon conviction thereof, be sentenced to pay
a fine of not less than $50 and not more than $500 and costs of prosecution
or, in default of payment of such fine and costs, to undergo imprisonment
for not more than 30 days, provided that each day's violation
shall constitute a separate offense, and notice to the offender shall
not be necessary in order to constitute an offense.
